Background: Exploring sexual aspects and engaging in sexual act with the romantic partner is a normal process with its developmental significance, especially during adolescence. In India, under the Protection of Children from Sexual Offences (POCSO) Act, 2012 consensual sexual act is prohibited and punishable with or among children below the age of 18 years as they are legally not in the age to give consent which is contrary to their developmental need and sexual rights. Therefore considering the sensitive nature of this issue, critical review is worthwhile to make keeping socio-cultural underpinnings in mind. Methods: In this paper, an attempt was made to review the influence of the POCSO Act, 2012 on the sexual rights of the adolescents and need for evaluating the concept of the consensual sexual act from a legal perspective in India. Results: A debate is made around the concept of consensual and nonconsensual sexual act among adolescence tapping the relevant aspects including, developmental need and legal obligation in case of consensual sexual act; ethical dilemma among stakeholders in the judiciary process; and difference in the trajectory between the consensual and non-consensual cases in reaching the child protection mechanisms. A detailed discussion is generated from the authors' reflection of the review. Conclusion: There is a great need for evidence-based policy formulation within the socio-cultural framework, in order to protect the best interest of the children as assured in the POSCSO Act, 2012.