Juveniles, age of consent and justice: Explaining the wide conviction gap

An analysis of government data in the Supreme Court reveals a stark disparity between the number of juveniles and young adults charged under rape and child sexual abuse laws and the relatively small proportion who are eventually convicted, throwing sharp focus on the ongoing debate over the age of consent and its unintended consequences.

- Utkarsh Anand

According to the Union government's latest submission to the Supreme Court, between 2018 and 2022, only 468 juveniles aged 16-18 were convicted under Section 376 (rape) of the Indian Penal Code, despite more than 4,900 being booked across the country in the same period , a conviction rate of just 9.55%. For charges under the Protection of Children from Sexual Offences (Pocso) Act, just 855 convictions were recorded out of 6,892 cases during the same period , a rate of only 12.4%. The corresponding numbers for young adults aged 18-22 tell a similar story. While 52,471 were arrested under these stringent laws during this period, only 6,093 were convicted under Pocso, a conviction rate of just 11.61%. Of 24,306 arrested between 2018 and 2022 for rape, only 2585 young adults were convicted under Section 376 of the Indian Penal Code, amounting to just 10.63% .

The statistics form part of the Centre's written submissions opposing any move to lower the age of consent under the Pocso Act or introduce exceptions for adolescent relationships, telling the top court that such dilution, “even in the name of reform or adolescent autonomy,” would dismantle the statutory shield meant to safeguard minors and risk opening the door to child abuse.

However, the wide gap between the registration of cases and convictions suggests that while these laws aim to safeguard children from sexual exploitation, they may also be pulling large numbers of adolescents and young people (mostly men) into the criminal justice system, often in cases involving consensual relationships that turn adversarial due to family or societal pressure.

Convictions and sentencing