Structural Gaps in the Protection of Children from Sexual Offences Act – Insights from Recent Court Decisions

The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a landmark gender-neutral legislation intended to protect persons below 18 years from sexual crimes. However, its rigid definitions and mandatory reporting provisions have created operational conflicts with other laws, particularly the Medical Termination of Pregnancy Act, and have raised concerns about minors’ autonomy, privacy, and access to health care. This paper critically analyses the doctrinal inconsistencies between POCSO and related laws through recent judicial interpretations, highlighting areas of overlap and contradiction. It draws on recent judicial interpretations, including Dr Nikhil Datar and Ors v State of Maharashtra (2025) and X v Principal Secretary, NCT Delhi (2022). It highlights areas of overcriminalization, police overreach, and lack of harmonization with related statutes, and proposes targeted reforms to align child protection objectives with constitutional rights. The paper concludes with targeted policy recommendations for legislators, judiciary, and implementing agencies.