Title of the Paper:

"The Impact of the Bharatiya Nyaya Sanhita (BNS) on Juvenile

-Ishita bhushan

Introduction:

One of the Major laws in criminal Justice system law have been re-enacted as Bharatiya Nyaya
Sanhita. The stated purpose of the re-enactment is to revamp the Indian criminal justice system
by replacing colonial era laws. The re-enacted laws are stated to be victim centric and more
suitable for the new technological era. They are also stated to be better suited for the present
requirements of society and national security. The law has been presented with a vision to tackle
the challenges within India's criminal justice system, with support of advance investigation
methodologies and technology 1The Younger ones are the future of the Country, they are the
future of the country more than that as a human he/she has all the rights to grow old and live a
life and contribute to the society India is the second most populous country of the world.
Children make up 39 % of the total population of India (Childlineindia.org.in, 2018). 28% of
the children population lie in the age group of 6-10 year followed by 27% in the age group of
11-16 years and 16% in the age group of 16-18 years. 21.9% of the Indian population resides
below the National poverty line (Asian Development bank, 2018). Children living in extreme
poverty in India account for more than 30% alone (UNICEF and World Bank, 2016). 2 Section
12 of The Juvenile (Care and Protection) Act, 2015, a "kid" is a person who is below the age
of 18. The impact of Bharatiya Nyaya Sanhita,2023 was predominantly reflected in

1
KPMG, Three New Criminal Laws, KPMG (March 2024), https://kpmg.com/in/en/insights/2024/03/three-
newcriminal-laws.html.
2
Mishra, Elsie and Biswal, Ramakrishna (2018). Trends and Factors Associated with Juvenile Delinquency: A
Study from India. Internat. J. Appl. Soc. Sci., 5 (10) : 1613-1625.

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rehabilitation, protection, and care of the Juveniles and reducing the socio-economic factors in
a country that leads to a high number of juvenile delinquents.

Background

JUVENILE JUSTICE

During the colonial era, the Reformatory Schools Act of 1897 was introduced to separate
common Juveniles from Juvenile delinquents in school and provide them with different

Education. After independence. The Children Act of 1960 was enacted and implemented for
the children who need care and protection and for delinquent juveniles to create a special
institution for neglected children to care for and to give proper rehabilitation for delinquent
juveniles by providing children welfare board, Children's courts, special homes and schools,
and organizations. However, the previous act offers care and rehabilitation. Still, it fails to align
with the international standards of the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (Beijing Rules) to fulfill the needs of the Juvenile Justice
Act of 1986. Further, the legislative system of India restricted, refined the framework for
juvenile justice, and increased the age of juvenile delinquents to 18, mostly child-centric
aligned with the United Nations Convention on the Rights of the Juvenile Justice and New
Criminal Laws in India 175 Child (UNCRC). Time flies and the dramatic tragic event in the
criminal justice happened with a remarkable scar the Delhi Gang Rape case gave new
outbreaking changes in the criminal justice system of India with included 16 to 18 juveniles
being accused of the heinous offenses they committed and proved their guilt beyond a
reasonable doubt then the Juvenile Justice (Care and Protection of Children) Act, 2015 was
enacted.

Bharatiya Nyaya Sanhita,2023

Under the recommendations of the First Law Commission chaired by Lord Macaulay, The first
draft was presented in 1837, but it took two more decades of revisions before the code was
completed in 1850 and submitted to the Legislative Council in 1856. However, the enactment

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of the code was delayed by the Indian Revolt of 1857, a significant event that led to a
revaluation of British rule in India and its legal system. The IPC was finally enacted in 1860
and came into effect on January 1, 1862 3, The IPC has its own features which covers all the
criminal offences in a comprehensive manner, which includes offenses against state, public,
human body etc,. On 11th August 2023, the Hon’ble Home Affairs Minister introduced the
Bharathiys Nyaya Sanhita Bill, 2023 in the Lok Sabha, on 12 December 2023 the bill was
reintroduced, and on 20th and 21st December the bill was passed in Lok Sabha and Rajya
Sabha, 25th December the president of India Assented to the Bill, In 1st July the Bharatiya
Nyaya Sanhita came into effect.

Analysis:

The UNICEF introduced the Convention on the Rights of the Child, For every child, every
right. In 1989, world leaders made a historic commitment to the world’s children by adopting
the United Nations Convention on the Rights of the Child – an international agreement on
childhood.

It’s become the most widely ratified human rights treaty in history and has helped transform
children’s lives around the world. The major focused areas of Convention on the Rights of the
Child are Adolescent development are Children's Protection, Child Rights, Children with
disabilities, Climate Change and Environment, early childhood Development, Education, and
gender. It also includes Health, Humanitarian emergencies, Immunization, Migrant and refugee
Children, Nutrition, Social and Behavioural Change, Social policy, water, sanitation, and
Hygiene. To achieve this objective they to partnerships, Innovation, humanitarian Action for
children, Evaluation, etc. When The State of the World’s Children first went into print in 1980,

3
Law Colloquy, Evolution of the Indian Penal Code to Bharatiya Nyaya Sanhita (BNS), Law Colloquy (July 25,
2023), https://lawcolloquy.com/publications/blog/evolution-of-the-indian-penal-code-to-bharatiya-nyayasanhita-
bns-/308

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10 per cent of the children born that year died from preventable causes. By 2018, that number
had declined to just 3 per cent. Thanks to milestones such as the adoption of the Convention
on the Rights of the Child in 1989, children are now on global and national policy agendas in
ways that were not possible.4 Following the International Standards Juvenile Justice (Care And
Protection Of Children) Act, 2000 Act with the Objective: An Act to consolidate and amend the
law relating to juveniles in conflict with law and children in need of care and protection, by
providing for proper care, protection and treatment by catering to their development needs, and
by adopting a child-friendly approach in the adjudication and disposition of matters in the best
interest of children and for their ultimate rehabilitation through various institutions established
under this enactment.5 According to National Crime Record Bureau (NCRB) report for the year
2013, the total number of IPC (Indian Penal Code) and SLL (Special and Local Laws) crimes
committed by juveniles have increased by 13.6% and 2.5%, respectively in comparison to that
of previous year. Juvenile crime constitutes just 1.2 per cent of the total crime occurring in
India6 The predominant reason for the Crimes during that Area is lack of proper implementation
of law, Criminal law in a country is the major factor which aims at

reducing crime rate and promote peaceful lifestyle for the Citizens of a country. The National
Crime Records Bureau (NCRB) meticulously records and reports crime statistics across India
each year. For 2024, the crime rate in India has shown a slight overall decline of 0.56%
compared to 2023, standing at 445.9 incidents per 100,000 people. This reduction is attributed
to increased police presence, improved law enforcement practices, and heightened public
awareness of crime prevention. 7

4
UNICEF, The State of the World's Children, UNICEF (Year), https://www.unicef.org/reports/state-of-
worldschildren.
5
Juvenile Justice (Care and Protection of Children) Act, 2000, § 4, India
6
ELSIE MISHRA AND RAMAKRISHNA BISWAL, Trends and Factors Associated with Juvenile
Delinquency: A Study from India, International Journal of Applied Social Science Volume 5 (10), October
(2018) : 1613-1625, ISSN : 2394-1405.
7
StudyIQ, Crime Rate in India, StudyIQ (July 15, 2023), https://www.studyiq.com/articles/crime-rate-in-india.
(accessed at 13th December 2024).

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Major Highlights and reforms:

THE BHARATIYA NYAYA SANHITA, 2023 has impacted the criminal justice system from
colonial (predator–centric) laws to more victim-centric laws, the protection, security, and
financial, social, and economic support for the Victims. That restructured approach to the
Criminal justice system made a significant change in the juvenile Delinquency laws as well,
The most basic and formal way of handling juvenile delinquents is completely different from
the Adult victims before focusing on the punishment for the offense or heinous offense
committed by the Juveniles the stakeholders(Parents, Society, judges, lawyers, educational
institutions) as a whole have the accountability to reduce the socio-economic problems to
reduce the juvenile delinquents That includes individual factors a minor below the age of 18
has been going through significant hormonal changes, and the justice system should apply the
laws generally duty care is necessary for minors with low IQs is completely different from
other minors. family factor, Mental illness Numerous mental fitness troubles also are idea to
have a function in adolescent misbehaviour. It is important to numerous intellectual fitness
troubles also are idea to have a function in adolescent misbehaviour. It's critical to remember,
though, that an analysis of many intellectual fitness conditions, in particular character
disorders, cannot be made with inside the case of a child. However, there are precursors to
those ailments that may be visible in early life and regularly occur themselves as antisocial
behaviour. One of the maximums not unusual places is behaviour sickness. & quot; A loss of
empathy and contempt for societal norms & quot; is how behaviour sickness is defined
(Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, American Psychiatric
Association, 2004).8

8
Chauhan, A., Shukla, V., Ankesh, A., & Sharma, M. (2022). Juvenile delinquency in India: Causes and
prevention. International Journal of Health Sciences, 6(S4), 3752≤3761.
https://doi.org/10.53730/ijhs.v6nS4.9343

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The new criminal law provided a uniform definition for Child to avoid any
misconception of age Under Section 2(3) of Bharatiya Nyaya Sanhita,2023 “child”
means any person below the age of eighteen years,
The general explanations of Bhartiya Nyaya Sanhita, 2023 clearly mentioning the
Maintaining the Minimum Age for Criminal Responsibility. (a) The sections in this
Sanhita, which contain definitions of offences, do not express that a child under seven
years of age cannot commit such offences; but the definitions are to be understood
subject to the general exception which provides that nothing shall be an offence which
is done by a child under seven years of age.
Bharatiya Sakshiya Adhiniyam,2023 increased the punishments and penalties against
the children. The enhanced provisions from sections 93 to 99 act as a shield to protect
and care for juvenile delinquents.
Section,93 - Exposure and abandonment of child under twelve years of age, by
parent or person having care of it
Section,94 - Concealment of birth by secret disposal of dead body.
Section,95 - Hiring, employing or engaging a child to commit an offence.
Section,96 - Procuration of child.
Section,97 - Kidnapping or abducting child under ten years of age with intent to
steal from its person.
Section,98 - Selling child for purposes of prostitution, etc.
Section,99 - Buying child for purposes of prostitution, etc.
Gender-Sensitive Provisions The Bharatiya Nyaya Sanhita, 2023 adopts a
gendersensitive approach to address the specific needs of girls and gender-diverse
children within the juvenile justice system. Provisions include:Separate Facilities:
Ensuring the availability of separate rehabilitation and care facilities for girls. Focus on
Education and Empowerment: Vocational training and education programs tailored to
the unique needs of female juveniles. Prevention of Gender-Based Violence:

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 Strengthened measures to address and prevent gender-based violence in care
institutions and beyond.9

These are few major Highlights and reforms of Bharathiya Nyaya Sanhita,2023 on Juvenile
delinquency.

Case study:

Lack of parental guidance, love and care for the children, low income of the family and failure
in school puts a great deal of stress on a child. The feeling of stress and anxiety by a child can
lead to development of certain behavioural changes which can be further aggravated by certain
factors like bad peer influence, bad neighbourhood, abuse in the family etc. When all these
factors are combined together, they make it very conducive for creating juvenile delinquents.
Certain steps can be taken to reduce the involvement of children in deviancy. 10
The new
criminal laws are came into force at July 1st of 2024, there are very few case study with proper
judgments. The legal experts and eminent persons assured that new criminal laws will
definitely leads to reduce the juvenile delinquency rate in India.

Sikander Singh Dhillon @ Sikander Singh vs State Of Punjab And Anr 11

The case involves an FIR registered on August 9, 2024, under Sections 281, 61(2) of the
Bharatiya Nyaya Sanhita (BNS), 2023, and Section 75 of the Juvenile Justice (Care and
Protection of Children) Act, 2015, Sikander Singh sought to quash the FIR and all
consequential proceedings based on a compromise with the aggrieved parties. During the
pendency of the criminal proceedings, the accused and the aggrieved parties reached a
compromise, and the copy of the compromise was annexed with the petition. The High Court

9
BNBLegal, Juvenile Justice Under BNS 2023, BNBLegal (Year), https://bnblegal.com/article/juvenile-
justiceunder-bns-2023(accsedd at 13th December,2024)
10
Mishra, Elsie and Biswal, Ramakrishna (2018). Trends and Factors Associated with Juvenile Delinquency: A
Study from India. Internat. J. Appl. Soc. Sci., 5 (10) : 1613-1625.
11
Sikander Singh Dhillon @ Sikander Singh vs State Of Punjab And Anr, 2024:PHHC:141411, High Court of
Punjab and Haryana (October 28, 2024).

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of Punjab and Haryana considered the compromise and the statements made by the aggrieved
parties before the Judicial Magistrate, who stated no objection to quashing the FIR.

Parag Bhati (Juvenile) through Legal Guardian - Smt. Rajni Bhati versus State of Uttar Pradesh
& Anr. (Criminal Appeal No. 486 of 2016) 12

In this case, the court held that where any of thedocuments mentioned in Rule 12 (3) (a) (i) to
(iii) of Juvenile Justice (Care and Protection of Children) Rules, 2007 are submitted in support
of the claim of juvenility, then that must be considered to be conclusive proof of the date of
birth of the accused. But, if there is a doubt and the accused is taking a contradictory stand,
then the court could order an inquiry for the determination of the age of the accused. Such
inquiry could include a medical examination.

conclusion

In India the law of the land the constitution has its unique feature of Fundamental Rights and
DPSP with the goal of a ensuring basic rights to children and welfare state, the Prohibition of
child labour, compulsory elementary education under Article 21A, distribution of nutrition to
the children welfare state. The trails, investigations, prosecution and witness should be deal
with an open mind and free will to make policy and laws including them is undeniable. The
impact of Bharatiya Nyaya Sanhita, 2023 was predominantly reflected in rehabilitation,
protection, and care of the Juveniles and reducing the socio-economic factors in a country that
leads to a high number of juvenile delinquents. Single judiciary Authority to uphold justice by
prohibiting discrimination on any basis, the rule of law is the strongest and most significant
principle where everyone should be treated equally in the eyes of the Law, the Children plays
a Crucial Role in a country their protection and safety should have to be ensured.

12
LawyersClubIndia, Details, LawyersClubIndia (accessed Dec. 16, 2024),
https://www.lawyersclubindia.com/articles/details.asp?mod_id=14880.( accessed at 14th December, 2024).

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