“A STUDY ON THE INTERPLAY BETWEEN POCSO AND ITPA IN CASES OF MINOR SEX TRAFFICKING”
AUTHOR – AMAN DUBE, STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS
BEST CITATION – AMAN DUBE, “A STUDY ON THE INTERPLAY BETWEEN POCSO AND ITPA IN CASES OF MINOR SEX TRAFFICKING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 732-739, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I471
ABSTRACT
The trafficking of minors for the purpose of sexual exploitation constitutes one of the most serious violations of human rights in India, reflecting systemic socio-economic vulnerabilities and institutional failures.[1] The primary legal framework addressing such offences is governed by the Protection of Children from Sexual Offences Act 2012 (POCSO) and the Immoral Traffic (Prevention) Act 1956 (ITPA), both of which operate with distinct yet overlapping objectives.[2] While POCSO adopts a child-centric approach by criminalising all forms of sexual activity involving minors irrespective of consent, ITPA primarily targets the commercial dimensions of trafficking and prostitution.[3]
The simultaneous application of these statutes in cases involving minor sex trafficking gives rise to complex doctrinal and procedural issues, particularly concerning victim identification, evidentiary standards, and prosecutorial strategy.[4] Judicial developments have attempted to reconcile these conflicts by emphasising a victim-centric interpretation; however, inconsistencies persist in enforcement. This paper critically examines the interplay between these legislations, focusing on statutory interpretation, judicial trends, and implementation challenges. It argues that the absence of harmonisation undermines the effectiveness of both statutes and advocates for a structured legal approach that prioritises child protection while strengthening action against trafficking networks.[5]
KEYWORDS: Child Trafficking, Protection of Children from Sexual Offences Act (POCSO), Immoral Traffic (Prevention) Act (ITPA), Victim-Centric Approach, Legal Harmonisation.
[1] Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)) art 4.
[2] Protection of Children from Sexual Offences Act 2012; Immoral Traffic (Prevention) Act 1956.
[3] Protection of Children from Sexual Offences Act 2012, ss 3–5.
[4] Siddharth Kara, Sex Trafficking: Inside the Business of Modern Slavery (Columbia University Press 2009) 45.
[5] Sharmila Lodhia, ‘Trafficking and Legal Response in India’ (2018) 12 NUJS Law Review 45, 52.