Recently, the Karnataka High Court (HC) said that the Law Commission of India would have to rethink the age criteria in case of age for consent, to take into consideration the ground realities.
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Key Points

HC’s Stand:
The Karnataka HC dismissed a case filed under the Protection of Children from Sexual Offences Act, 2012.
It stated that the aspect of consent by a girl of 16 years, but who is below 18 years, would have to be considered, if it is indeed an offence under the Indian Penal Code and/or the POCSO Act.
Terms of the POCSO Act:
Often, the offender had been booked under Section 366 of the IPC, Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006.
Under the POCSO Act, 2012, and under several provisions of the IPC, whoever commits a penetrative sexual assault on a child — anyone below 18 years of age — can be “imprisoned for a term which is not less than seven years but which may extend to imprisonment for life, and shall also be liable to [a] fine.”
Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape, thus opening it up to stringent punishment.

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