The Constitutional And Rehabilitative Conundrum Of Adolescent Consensual Sexuality: A Critical Analysis Under The Bharatiya Nyaya Sanhita (BNS) 2023 And Juvenile Justice Act 2015
Raghavendra Singh, Practicing Advocate, Allahabad High Court
ABSTRACT
This paper examines the complex socio-legal conflict surrounding the complete criminalisation of consensual sexual relationships between adolescents aged 16–18 in India. Following the legislative overhaul of 2024, which replaced the Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita, 2023 (BNS), the Code of Criminal Procedure (CrPC) with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Indian Evidence Act with the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the legal landscape surrounding statutory rape and adolescent consent has transformed. The age of consent remains strictly fixed at 18 under BNS Section 63(6) and the Protection of Children from Sexual Offences (POCSO) Act, 2012. Meanwhile, the Juvenile Justice (Care and Protection of Children) Act, 2015 permits the trial of juveniles aged 16–18 as adults for heinous offences such as rape under BNS Section 64, which carries a minimum 10-year sentence. Through a balanced synthesis of protectionist and autonomy-based arguments, this paper explores the constitutional implications under Articles 14, 15(3), and 21, the cognitive neuroscience of adolescent brain development, and the evidentiary rules governing DNA testing under Section 116 of the BSA. Highlighting key 2026 judicial milestones including the Supreme Court’s landmark rulings in X v. State of Bihar and Nikhat Parveen v. Rafique, the paper proposes legislative reforms, such as the introduction of a statutory close-in-age exception and structured judicial discretion, to align Indian law with modern global standards of developmental justice.
