Just so we are clear from the start, you should know that Yes, dating a minor in India is illegal and a severe crime, no matter if it was consensual or not. While mostly or often misinterpreted in India, the laws on relationships with minors, are sometimes quite tough to understand. Just so you know from the start, well, some significant laws in this regard are the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC). So, let’s go a bit in-depth and see what law or laws are there in place regarding just this.
So, What Really Is The Legal Framework Governing Relationships with Minors?
Well, it is all mentioned in the Protection of Children from Sexual Offences (POCSO) Act, 2012, you know? Just so we are clear from the very start, you see, this law makes it abundantly clear the definition of the minor which includes each and every individual less than 18 years of age, and the law further extends itself to provide a strict prohibition of any sexual activity with a minor and whether it is consensual or not. Not just that, it might be noted also that even if both partners are nearly of the same age, any sexual act involving someone under 18 years of age can lead to serious legal consequences even to imprisonment.
Furthermore, the Indian Penal Code (IPC) also covers this under the Constitution. Like, under Article 375, any sexual act with a minor is classified as statutory rape regardless of the approval of the partner. Then there is Article 361 is related to the offense of kidnapping a minor who is absent from the house without her parents.
Age of Consent in India: Past and Present
To be honest, in India, for many years, the age of consent has not always been as strict as it is today. Just so you know though, initially, the age of consent was just ten years as per the Age of Consent Act of 1891. But, because of changes in societal values over the years, the age of consent has increased, and that’s pretty understandable, right? The POCSO Act today has made the age bar for sexual activity to be 18 which is very clear that any such behavior with people below this age is illegal.
Comparatively, in a few of the other countries, the age of consent is rather low. Like, in Canada and Japan, for instance, the age of consent at 16 years.
Legal Exceptions and Judicial Rulings
If we talk about real-life cases, well, in certain instances, judicial authorities have opted to adopt a more compassionate stance toward minor relationships. If we talk about a particular case, well, that we saw just recently in 2024 in the Delhi High Court, there was a criminal case against a man who had left a minor girl after marriage years ago. And this case was in the court for way too long, but by the time the case came to trial, the couple was married with children, which means she was no longer a minor. So, what do you think happened? Well, the court recognized the relationship as one of “true love” and ruled that applying strict laws in such cases could cause more harm than good.
