THE PARADOX OF PROTECTION: A CRITICAL STUDY OF ADOLESCENT AUTONOMY VS. MANDATORY PROSECUTION UNDER THE BNS AND POCSO ACT

AUTHOR – DARREN ANTONRAJ P A* & MS. C. SOPHIA JEYAKAR**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – DARREN ANTONRAJ P A & MS. C. SOPHIA JEYAKAR, THE PARADOX OF PROTECTION: A CRITICAL STUDY OF ADOLESCENT AUTONOMY VS. MANDATORY PROSECUTION UNDER THE BNS AND POCSO ACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 822-826, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I792

Abstract

Looking at how teenage independence clashes with required legal action under two Indian laws – the 2012 child protection act and the 2023 code – this section digs into a tricky balance. Though meant to shield young people from abuse, rigid enforcement sometimes labels mutual teen relationships as crimes, especially when ages are similar. Through the lens of fundamental rights – like life, privacy, dignity, freedom – an exploration unfolds based on what Article 21 guarantees. What emerges is not just legal overlap but real impact on youth navigating intimacy within boundaries drawn by law.

Nowhere does it overlook the “best interests of the child” principle anchored in global human rights standards. Often, fixed age thresholds in laws ignore how teens grow into their decisions at different speeds. While examining penalties, attention shifts toward girls – especially when charges arise not from harm but from disapproval of love across caste or faith lines. What stands out is how power shapes who gets accused, and why.Ending here, the chapter looks at how teens feel and cope when caught in court systems – shame tags along, moods shift, school routines break apart. Still, fairness matters most, so laws should bend with each kid’s story instead of pushing control over choice.