KUMARI DIVYA 07 September 2020
Nicole Gomez (Student ) 13 October 2020
Yes, a 17 year old girl can file a complaint against a 17 year old boy under the POSCO Act.
Under the Protection of Children from Sexual Offences Act (POSCO), the following is the criterion stated for the victim and offender:
1. As per Section 2 (d) of the Act, ‘child’ means any person below the age of eighteen years.
2. The victim's gender is immaterial.
3. The offender can be male, female or transgender irrespective of their age.
However, when an offence is committed under the POSCO Act, and the offender is a child i.e. below the age of 18 years, then such child shall be dealt with under the Section 34 and other applicable provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Meanwhile, if the offender was above the age of 18, then Indian penal code and the Criminal Procedure Code,1973 would be applicable.
Hope this answers your query.