About Law Commission of India
- The Law Commission of India is a non-statutory body constituted by the Government of India from time to time.
- The Commission was originally constituted in 1955 and is reconstituted every three years.
- Various Law Commissions have been able to make important contributions towards the progressive development and codification of Law of the country.
- The Law Commission consists of:
- a full-time Chairperson
- four full-time Members
- Secretary, Department of Legal Affairs as ex-officio Member;
- Secretary, Legislative Department as ex officio Member; and
- Not more than five part-time Members.
- There are no defined eligibility criteria for chairperson and members and the terms of reference are specified afresh each time it is reconstituted.
Functions of the Law Commission
- The Law Commission advises the government on legal issues, conducts research to review and reform the law or to bring new legislation.
- Either through a reference made to it by the government or suo-motu, it researches laws and reviews existing laws in India to reform them, remove them or bring new legislation.
- It also undertakes studies for reforms in the justice delivery systems.
Why in News?
- The 22nd Law Commission has submitted its report on age criteria for consent under the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”).
- The Commission has recommended that it is not advisable to tinker with the existing age of consent under the POCSO Act.
- The Commission considers it necessary that certain amendments need to be brought in the POCSO Act to remedy the situation in cases wherein there is tacit approval in fact though not consent in law on part of the child aged between 16 to 18 years.
- The Commission deems it fit to introduce guided judicial discretion in the matter of sentencing in such cases. This will ensure that the law is balanced, thus safeguarding the best interests of the child.