Between Protection and Prejudice: A Critical Analysis of Strict Liability Under the POCSO Act

Abstract

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) stands as a significant legislative measure aimed at addressing the increasing incidence of sexual offences against children in India. A particularly contentious aspect of the Act is its incorporation of the principle of strict liability, especially in cases involving sexual acts with minors, where both consent and mens rea are considered legally immaterial. This paper critically explores whether the imposition of strict liability under the POCSO framework functions as an essential safeguard for child protection or leads to disproportionate and potentially unjust outcomes. Through an analysis of statutory provisions, judicial interpretations, and practical challenges, the study evaluates the balance between effectiveness and fairness within the broader context of criminal justice and child rights protection.