Legal Zems: 11th Batch of Online

Internship Cum Training Programme 2022

Name - Tanishka Dhingra

College Name - University of Petroleum and Energy Studies, Dehradun

Title of the Task - RESEARCH PAPER ( ROLE JUVENILE JUSTICE IN INDIA)

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 TABLE OF CONTENTS

1. Abstract

2. Introduction

3. Development Of JJS

4. Kinds Of Juvenile Crime

5. Juvenile Justice Act, 1986:

6. Juvenile Justice Act, 2000:

7. Juvenile Justice (Care and Protection of Children) Act, 2014:

8. Juvenile Justice Act, 2015

9. Juvenile Justice Board:

10. Juvenile Justice System backing crimes by minors:

11. Conclusion

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 ROLE OF JUVENILE JUSTICE SYSTEM IN INDIA

1. ABSTRACT

An individual who has not reached the age of eighteen is referred to as a "Juvenile" or "Child." A "Child" is
defined by international law as any person who is less than 18 years old. The United Nations Convention on
the Rights of the Child provides what is now a globally recognized definition of a child (UNCRC). According
to Indian law, a "juvenile" or "Child" is someone who has not reached the age of eighteen, according to Section
2 (k) of the Juvenile Justice Care and Protection of Children Act, 2000.
The children of a nation are its future. Therefore, everyone has a duty and responsibility to make sure that the
children live in a safe environment. However, like a sickness in our society, juvenile criminality has been found
to drastically decline in a growing nation like India. By concentrating on the rules of the Juvenile Justice Act,
1986, 2000, 2014, and 2015, this study attempts to describe the evolution of juvenile justice legislation from
British India to current democratic India. Although there is a safety regulation for these kids, the number of
juvenile offenders is increasing nationwide, which is a significant problem for the nation. Regardless of who is
involved or the circumstances, justice delayed is justice denied. India, a country with great diversity, struggles
with too many aspects of justice, from the societal to the judicial levels. The juvenile justice system in India has
too many flaws, according to a variety of challenges, but the article also seeks to identify the types and causes
of juvenile crimes in our society. By illustrating the history of juvenile justice in India, several
recommendations have been made for strategies to prevent juvenile crimes.

2. INTRODUCTION

The juvenile justice system in India is aptly reflected by the Latin phrase "Nil Novi Spectrum." The phrase
"nothing new on this planet" can describe India's current juvenile justice system. Among Indians, particularly in
northern India, there is a proverb that translates to "It is Never Too Late to Mend." However, "Old enough to do
the crime, old enough to do the time," an English idea employed by some states in the USA, is the proper
expression best suited to serve as the cornerstone of India's juvenile justice system. Due to the belief that youth
should be treated favorably because they have a propensity for expressing intense and prolonged anger, which is
frequently followed by aggressive approaches, this concept of indulgence has been around since ancient India.

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The issue of youth crime is significant in today's society. This is a crucial issue since, according to India's
population makeup, the youth in the 15–19 age range make up about 100,215,890 individuals, or 9.7 percent of
the country's total population.1 The entire family, the neighborhood, and not just the older generations are
impacted.
In recent decades, there has been a marked increase in the proportion of crimes committed by children between
the ages of 15 and 16.2 Events from the formative years, dominant virility, upbringing, poverty, backwardness,
and other factors may have influenced the criminal's psyche. Children between the ages of 6 and 10 make
simple tools for carrying out illegal or criminal activity. The horrific Nirbhaya Gang Rape Case3, in which the
accused was sentenced as a juvenile rather than a full-fledged offender because he was only six months away
from becoming 18, the legal age of majority in India, prompted a significant controversy and discussion
concerning the juvenile justice system. The "Juvenile Justice (Care and Protection) Act, 2015" was passed by
the Indian Parliament as a result of juvenile involvement in such a heinous crime. Let's first define juveniles and
discuss how they differ from "children" in the Indian context before delving deeper into the aforementioned
legislation and other juvenile-related legislative provisions.

DEVELOPMENT OF JJS

The idea that children are not as mature as adults led to the development of the juvenile justice system around
the world. They were unable to comprehend the nature and effects of their actions. This concept is founded on
the legal "principle of doli in-capax," which states that children lack the mental development necessary to have
criminal intent. Therefore, it is impossible to hold a youngster accountable for unlawful behavior. In most cases,
the term "adult" refers to a person who has attained mental maturity. A person is considered mature
psychologically if they have specific skills that are the result of both cognitive growth and the way they interact
with their environment.4
According to Jean Piaget, "the capacity to comprehend and interpret one's environment progresses in a series of
stages, beginning with the sensimotor period, which roughly lasts from birth until age two, and concluding with
the formal operations period, which roughly lasts from age 11 through adulthood." 9...... Because of his or her
capacity for more abstract reasoning during this time, the child is better equipped to comprehend and interpret

1
Office of the Registrar General & Census Commissioner, India, Retrieved from: https://censusindia.gov.in/.
2
Crimes in India 2020. National Crime Records Bureau. (n.d.). Retrieved December 2, 2021, from https://ncrb.gov.in/en/Crime-in-
India-2020.
3
Mukesh v. State (NCT of Delhi) [(2017) 6 SCC 1]
4
Kohlberg, L – Child psychology and child Education: A cognitive development view, 1987, New York, Longman

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the world. Additionally, the environment of the child has some influence on how their cognitive capacities
develop.
These concepts were embraced by legislative bodies in various Acts. It should be mentioned that there is no
general agreement on what constitutes a youth or a child. Different statutes have different requirements for
reaching maturity.5 11 The new juvenile justice laws reflect a change in policy. It is a highly forward-thinking
law that mandates institutionalized care and protection while embracing parental patriarchy. The only change
that has been noticed is the trend to punish offenders involved in significant crimes. Punishment is an exception
to the JJS policy that is being adopted for the reformation and socialization of young people. JJS has a casual
hearing style, which sets it apart from regular criminal courts.

KINDS OF JUVENILE CRIME

The three major kinds of juvenile crimes or delinquency are : (a) violent crimes that result in bodily injury, such
as assault, rape, and murder; (b) property crimes are committed when a juvenile uses force or threat of force to
obtain the property of others and (c) Drug-related crimes involve the possession or sale of illegal narcotics.
These three types of delinquency are listed in the documents of the Office of Juvenile Justice and Delinquency
Prevention (OJJDP). In the same way, Eaton and Polk in „Measuring Delinquency‟ classified the following
kinds of juvenile offenses: i) Minor violations which include minor traffic violations, ii) Property violations, iii)
Major traffic violations which include automobile theft, iv)Human addiction which include alcohol and drug
addiction, v)Bodily harm which includes homicide offenses.

Juvenile Justice Act, 1986:

India was the first nation to adapt its system in light of the guidelines outlined in the United Nations Standard
Minimum Rules for the administration of Juvenile Justice. Naturally, the other goals were to establish a uniform
legal framework for juvenile justice, to offer a specialized approach to the prevention and control of juvenile
delinquency, to describe the machinery and infrastructure for juvenile justice operations, to establish norms and
standards for the administration of juvenile justice, to create suitable links and coordination between the formal
system and voluntary agencies, and to establish specific standards for juvenile justice administration.6

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Indian penal code – 1860 prescribes (ss.83) that a child above 7 yrs and below 12 yrs may be liable, for an offence if attained
sufficient maturity. The people’s representation Act 1955 prescribes a person can cast his vote at the age of 18 years. JJ Act 2015
provides sec 2(12) that child means a person who has not completed 18 yrs of age. The marriage law prescribes age of 18 and 21 yrs
for girls and boys respectively.

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Juvenile Justice Act, 2000:

Juvenile Justice was the Care and Protection of Children Act, formulated in the year 2000. The Act experiences
the following subjects such as ; Delays in various processes under the Act, such as decisions by Child Welfare
Committees (CWCs) and Juvenile Justice Boards (JJBs), leading to high pendency of cases; Delay in inquiry of
cases leading to children languishing in Homes for years altogether for committing petty offences; Increase in
reported incidents of abuse of children in institutions; Inadequate facilities, quality of care and rehabilitation
measures in Homes, especially those that are not registered under the Act, resulting in problems such as
children repeating offences, abuse of children and runaway children; Disruption of adoption and delays in
adoption due to faulty and incomplete processing and lack of timelines; Lack of clarity regarding roles,
responsibilities, functions and accountability of Child Welfare Committees and Juvenile Justice Boards;
Limited participation of the child in the trial process, delays in rehabilitation plan and social investigation report
for every child; Lack of child- friendly procedures by Juvenile Justice Boards and conduct of Board sittings in
Courts in many districts; Lack of any substantive provision regarding orders to be passed if a child apprehended
for allegedly committing an offence was found innocent; No specific provisions for reporting of abandoned or
lost children to appropriate authority in order to ensure their adequate care and protection under the Act. ; Non-
registration of institutions under the Juvenile Justice Act and inability of the states to enforce registration due to
lack of any penal provisions for non-compliance; Lack of any check-list of rehabilitation and re-integration
services to be provided by institutions registered under this Act; Inadequate provisions to counter offences
against children such as corporal punishment, sale of children for adoption purposes, ragging etc.; and Increase
in heinous offences committed by children and lack of any specific provisions to deal with such children.7

Juvenile Justice (Care and Protection of Children) Act, 2014:

The Care and Protection of Children Act, 2014 aim to replace existing Indian juvenile delinquency law i.e.
Juvenile Justice (Care and Protection of Children) Act, 2000, so that juvenile criminals in the age group of 16–
18 can be tried as adults for serious crimes. It was passed unanimously on 7 May 2015 by the Lok Sabha and is

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now pending in the Rajya Sabha. Juvenile Justice (Care and Protection of Children) Act, 2014 will allow a
Juvenile Justice Board, which would include psychologists and sociologists, to decide whether a juvenile crime

in the age group of 16–18 should be tried as an adult or not. The bill introduced concepts from the Hague
Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption, 1993 which were
missing in the previous act.

The bill also seeks to make the adoption process of orphaned, abandoned, and surrendered children more
streamlined. However, the Objective of the Juvenile Justice (Care and Protection of Children) Act, 2014 are: –
To ensure that every child enjoys his Rights; To stay on protection and care for children without facing
harassment or abuse; To ensure swiftly and productively reintegrated into the society in case he was found to be
in conflict with the law; To streamlining the central adoption agency.8

Juvenile Justice Act, 2015

The most important subjects of the Act are as under:-

Prerogatives of Juvenility: The "claim of juvenility" is the first and most contentious issue among the legal
community and socialists. The Juvenile Justice Board will rule on the claim of juvenileness. Before the court
procedures, the Board must make a decision about the juvenility claim. In order to decide the claim of juvenility,
the Board had to take into account Rule 12 of the Juvenile Justice Rules, 2007. In Kulai Ibrahim v. State of
Coimbatore, the court noted that pursuant to Section 9 of the Juvenile Justice Act of 2015, the accused has the
right to bring up the issue of juvenility at any time throughout the course of the trial or even after the matter has
been resolved.

In the case of Krishna Bhagwan v. the State of Bihar the court stated that for the purpose of trial under the
Juvenile Justice Board, the relevant date for considering the age of the juvenile should be on which the offense
has been committed. But later in case of Arnie Das v. the State of Bihar, the Supreme Court overruled its
previous decision and held that the date to decide in the claim of juvenility should be the date on which the
accused is brought before the competent authority.9

Juvenile Justice Board:

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There shall be a constitution of the Board for the purpose of inquiry and hearing in the matters of juveniles in
conflict with the law. The Board shall consist of Principal Magistrate and two social workers, among whom one

should be a woman. The Act provides that under no circumstances the Board can regulate and operate from
regular court premises. The decision taken by the Principal Magistrate shall be final. However, the Special
Procedure of the Juvenile Justice Board is:

● The proceedings cannot be initiated on a complaint registered by the police or citizen

A child in conflict with the law may be produced before an individual member of the Board when Board is not
sitting.

A child in conflict with law may be produced before an individual member of the Board, when Board is not
sitting.10

Juvenile Justice System backing crimes by minors:

Notwithstanding, the presence of careful child acts, the last decade has seen a huge leap in the rate of juvenile
offenders in India. According to the latest National Crime Records Bureau, crimes committed by juveniles
constituted 1.2% of the total crimes reported to police in 2012. Crimes committed by juveniles have increased
by 85% between 2001 and 2011. In 2012, police in India charged 27,936 juveniles for alleged involvement in
crimes including murder, rape and rioting, according to NCRB. Among those who face Juvenile Justice Boards
in 2012, two third (66.6%) were aged between 16 and 18 years, according to CRB data. According to the
NCRB12 data, 485 juveniles were involved in rape cases in 2002 and the figure swelled to 1,175 in 2012. But
the alarming facts that the delinquent activities have also been plummeting. Worse still, youngsters, are not just
committing petty crimes, but rather heinous crimes like rape and murder. It gets tough for the police to deal
with juvenile offenders because the law possesses a lot of restrictions. Some glimpses of delinquent activities in
different corners of our country are mentioned hereunder: October, 2012: A 16 year old Delhi boy killed a 4
year old boy. Dec., 2012: A 23 year old medical student is raped by six men, one of whom is juvenile. August,
2013: A 22 year old photojournalist is raped by five men at Shakti Mills in Mumbai.

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Ibid
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One of the suspects is under 18. September, 2013: A 12 year old girl is raped by five boys‟ ages between 12-16
years. There were demands from some in India to reduce the upper age limit for juveniles from 18 to 16, in light
of the Delhi gang rape case. However, child rights activists said that changing this section of the law in response

to a public outcry over few cases, would be a regressive step. In July, the Supreme Court dismissed eight
petitions brought by the public asking Supreme Court to rule that crimes of rape and murder committed by
juveniles should be punished under adult laws and that the upper age limit for juveniles be lowered to 16. But a
subsequent petition-currently being considered by the Supreme Court, asks judges to consider the mental
maturity of the juvenile delinquents instead of his or her age in cases where a young person is accused of
involvement in a particularly serious crime. Juvenility is mainly a state of mind, and not only a state of body. It
is also recorded that approximately 8.9% of Juvenile crime is increased during the year 2015 to 2018.

CONCLUSION

From the foregoing, it can be concluded that juvenile delinquency is a significant burden on society, and given
the current circumstances, it can also be concluded that the number of crimes committed by juveniles is rising
and needs to be reduced. Sometimes the crimes are horrific, like murder, rape, or robbery. Age cannot be the
only factor used to determine whether to give the defendant a light sentence. After the Delhi gang rape in 2012,
the government made some changes and introduced Sections 376A and 376E of the Indian Penal Code, which
authorises the application of the death penalty on those who are found guilty of rape. Laws are being made
every day, and revisions are made to existing laws.

The Juvenile Justice (Care and Protection of Children) Act of 2000, in contrast, simply prescribes a maximum
penalty of three years without taking the nature of the crime into account. Allowing the condemned individuals
to escape with such leniency is not acceptable.

The government must take very serious measures to determine what types of offences should be punished under
this Act for the good of society. Irrespective of the type and gravity of the offence they committed, it is quite
irrational to impose the same punishment on minor offenders in legal conflict. The crime of murder cannot be
likened to a small-time theft.

Extremely unusual crimes of this kind are in a class by themselves and shouldn't be compared to minor offences.
It has been observed that perpetrators of heinous crimes like rape and murder often escape punishment because

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of their youth. Therefore, a modification to the current law is unquestionably required. However, the Juvenile
Justice Act cannot be properly implemented and amended to reduce juvenile crime alone. Civil society must be
made aware of the disease that exists in our dysfunctional society. Children who commit crimes are not actually
criminals; rather, they are the victims of society.

If extra care is taken at home and in school, juvenile delinquency can be stopped at an early stage. In order to
appropriately encourage a child's mind without labelling them as criminals or delinquents, it is the duty and
obligation of parents at the family level of society and the function of the government at the national level. The
more actions made and plans put into action, the more likely it is that society will be raised from the darker
juvenile crimes to a brighter civilization free of juvenile delinquencies. A society devoid of crime, corruption,
and poor health is thereby both feasible and possible.

BIBLIOGRAPHY

1. Dr. B. K. Das , Juvenile Justice System in India , 5, [(2016)] ,

2. Dr. B.K. Das, Juvenile Justice in India & POCSO Act-2012 2nd Edition 2014 & Dr.P.K. Singh, IBR,
xxxi (3&4) 2004 at pp – 115-116 and Dr. G.S. Sharma, IBR, xxxi (3&4) 2004, P.447.
3. Constitution of India – 1950 (preamble, fundamental right and DPSP of partVI)
4. International Journal of Current Research Vol. 10, Issue, 09, pp.73445-73449, September, 2018

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