Polity & Governance
The Hindu — National · 8 NovConsider the following statements regarding the sentencing framework under the Protection of Children from Sexual Offences (POCSO) Act, 2012:
Statements
- Under the POCSO Act, a court retains full discretion to impose a sentence below the statutory minimum if compelling mitigating factors — such as absence of force or a consensual romantic relationship — are established on record.
- Under the POCSO Act, the consent of a person below 18 years of age to a sexual act is legally immaterial, and such consent cannot be used as a ground to reduce liability or avoid conviction.
Which of the statements given above is/are correct?