The Supreme Court on Wednesday scheduled November 12 for a continuous hearing on the contentious issue of the statutory age of consent for adolescents, observing that the matter must be dealt with in its entirety rather than in a “piecemeal” manner.
A bench of Justices Vikram Nath, Sandeep Mehta, and N V Anjaria made it clear that the case — which involves complex questions under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Indian Penal Code (IPC) — would be taken up for multiple days of uninterrupted hearings.
“We would prefer if the matter starts and continues rather than having it in piecemeal,” the bench remarked, while directing the matter to be listed for comprehensive hearings in November. The bench also indicated it would address all related issues, including pending intervention applications, without segregating them.
In its submissions, the Centre has strongly defended the existing statutory age of consent fixed at 18 years, calling it a “deliberate, well-considered, and coherent” policy choice aimed at safeguarding minors from sexual exploitation.
Representing the government, Additional Solicitor General Aishwarya Bhati argued that any attempt to dilute the age threshold, including creating exceptions for adolescent relationships, would be legally unsound and socially dangerous.
“Introducing a close-in-age exception or reducing the age of consent would irrevocably dilute the statutory presumption of vulnerability that lies at the heart of child protection law. A diluted law risks opening the floodgates to trafficking and other forms of child abuse under the garb of consent,” the Centre submitted.
The government stressed that case-by-case discretion must remain judicial and should not be written into the statute as a general exception. It warned that lowering the age of consent would undermine decades of progress in child protection and weaken deterrence under statutes like POCSO and the Bharatiya Nyaya Sanhita (BNS).
Senior advocate Indira Jaising, assisting the court as amicus curiae, urged the Supreme Court to read down the age of consent from 18 to 16 years. In her written submissions, she challenged the blanket criminalisation of consensual sexual activity involving adolescents aged 16–18 under POCSO and Section 375 IPC.
Highlighting real-life implications, Jaising pointed out that even consensual adolescent relationships are being prosecuted, leading to disproportionate consequences for young persons. She drew the court’s attention to the Nipun Saxena v. Union of India case and a separate suo motu matter on sexual offences, urging the bench to treat all related issues holistically.
“We will deal with it as a whole. We will not segregate the issues. Let it open up, then we will see,” the bench observed in response.
The upcoming hearings are expected to witness intense debate between those advocating for adolescent autonomy and those emphasising child protection. The outcome will have far-reaching implications not only for the legal treatment of adolescent relationships but also for the interpretation of constitutional safeguards for minors.
The matter will now be heard in detail from November 12, 2025, with the bench committing to continuous sessions until it is fully adjudicated.
