Author Name-Sachin Raj

Title: Juvenile Laws In India

Meta title: Ensuring justice and rehabilitation: The evolution of juvenile laws in India

Meta Discription: It explores the intersection of common law principles and juvenile justice,
delving into historical perspectives and contemporary developments. By analyzing key legal
frameworks such as the Juvenile Justice Act of 2015 and constitutional provisions, it
highlights efforts to prioritize the protection and welfare of juveniles while balancing
accountability and rehabilitation. Through legislative initiatives and international
conventions, the legal system aims to provide a supportive environment for the
transformation and integration of juvenile offenders into society. This comprehensive
overview underscores the ongoing commitment to navigate the complexities of juvenile
delinquency while upholding fundamental rights and principles of justice within the Indian
juvenile justice system.

Keywords: Juvenile laws, Juvenile justice, Rehabilitation, Accountability, Welfare of children

Legal frameworks, Constitutional provisions

INTRODUCTION

Since the inception of the welfare society, common law principle put emphasis on the
protection of the children i.e., children are considered to be the god on which the future of the
country exist. If the protection of the child are not provided then the future of the country will
be on the stake because the foundation the future are totally dependent upon the children. In
the realm of legal systems, common law principles serve as the backbone, shaping and
influencing various aspects of jurisprudence. One such domain where these principles come
into play is juvenile law. Juvenile law addresses the unique needs and circumstances of
individuals who have not yet reached the age of majority, navigating the delicate balance
between accountability and rehabilitation. This research project aims to explore the
intersection of common law principles and juvenile law, delving into how foundational legal
concepts are applied in the context of juvenile justice. By examining key principles such as
due process, parens patriae, and the best interests of the child, we seek to understand how
they guide decision-making and shape the outcomes for young offenders within the legal
system. Through an in-depth analysis of case law, statutes, and scholarly literature, this
project will illuminate the complexities of juvenile law and highlight the ways in which

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common law principles are adapted and interpreted to address the unique needs and
circumstances of juveniles in conflict with the law. By exploring both historical perspectives
and contemporary developments, we aim to provide a comprehensive understanding of the
principles that underpin juvenile justice and their practical implications. Juvenile system is
not only in independence India rather it was provided when British rule in India for example
when children have not completed the work which was given by the British army then the
punishment for non-performance of the work was given to the supervisor or manager i.e.,
adult. Juvenile Justice is a criminal law wherein criminal liability is decreased because
juvenile considered to not have enough understanding of the situation and circumstances in
which he has committed.

Comparative analysis of the Juvenile

Nirbhaya Delhi Gang Rape Case1 deeply shook the entire nation sparking widespread
discussions among legal experts. A central point of debate arose from the involvement of one
of the accused, who was just six months away from turning 18 at the time of the crime. This
participation in such a brutal act of rape prompted the Indian government to enact new
legislation, resulting in the introduction of the Juvenile Justice (Care and Protection) Act,
2015.Under the Juvenile Justice (Care and Protection of Children) Act, 2015 in India, a
“child” is defined under the section 2(12)2, as any person who has not completed eighteen
years of age. In the context of someone involved in an offence a “juvenile” refers to a person
who is alleged to have committed an offense when they were between the ages of sixteen and
eighteen. The Protection of Children from Sexual Offences (POCSO) Act of 2012 defines a
child as someone below the age of eighteen years. The POCSO Act also defines a juvenile as
a person who has not yet reached the age of eighteen. The definition of a child and a juvenile
can vary depending on the specific context and purpose of the law within the Juvenile Justice
System in India. Similarly, under the United Nations Convention on the Rights of the Child, a
“child” is every human being below the age of eighteen, unless the age of majority is attained
earlier under applicable law. In the United States, a “child” is generally someone under the
age of eighteen, while in the United Kingdom and Canada, the term refers to individuals
under eighteen as well. The term “juvenile” is used in various jurisdictions to refer to minors
1
.Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1.
2
. The Juvenile Justice (Care and Protection of Children) Act, 2015, (Act No. 43 of 1961), S. 2(12).

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within the legal system, typically those under eighteen, but specific definitions and usage can
vary. The Latin term doli incapax i.e., under the section 82 3 of IPC,1860 which states that
nothing is an offence which is done by the person under the age of 7 years which provides the
absolute immunity from the criminal liability. In the case of Deoki Nandan Dayma v. State of
Uttar Pradesh4 and Satbir Singh & others v. State of Haryana, 5 it was held that the date of
birth registered in the school is taken as evidence for the ascertaining age of the juvenility.
For the determination of the relevant date for ascertaining the juvenility the Apex court in the
case of Arnit Das v. State of Bihar 6 overturned its decision of Krishna Bhagwan v. State of
Bihar7 i.e., relevant date for the consider the juvenility should be the date when offence has
been committed and however in the case of Arnit Das v. State of Bihar 8 states that the
relevant date for the juvenility should be when the accused is present before the competent
authority

Juvenile laws in the UK

Under the Children Act of 1908, the creation of Juvenile Courts in England represented a
major advancement in the handling of juvenile criminals. The main responsibility of these
courts was to make sure that juvenile offenders and children received the appropriate care and
protection. They were required to take all necessary measures to eliminate dangerous
surroundings for the offenders and to support their rehabilitation by providing them with
instruction and training. The Children and Young Offenders Act of 1933 gave juvenile courts
the ability to hear significant issues involving children and young people, so extending their
civil jurisdiction. This law mandated that juvenile courts be the exclusive venues for the trial
of any child or young person accused of a crime. The United Kingdom then passed The
Criminal Justice Act of 1948, giving juvenile criminals further safeguards i.e., Sent to
detention houses under this Act, juvenile criminals were given a measure of security as a
means of facilitating their rehabilitation and reintegration into society by offering a caring
atmosphere. With the aim of addressing the distinctive needs and vulnerabilities of juvenile
offenders through specialised court procedures and support networks, these legislative
initiatives reflected an increasing awareness of these issues.

History of the Juvenile laws

3
.The Indian Penal Code, 1860, (Act No.45 of 1860), S.82.
4
. 1989 3 SCC 1.
5
. 1981 (4) SCC 508.
6
.(2000) 5 SCC 488.
7
. (1994) 4 SCC 730.
8
.(2000) 5 SCC 488

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The history of juvenile laws in India reflects a progressive evolution towards recognizing and
addressing the unique needs of children in conflict with the law. Beginning with early
legislation such as The Apprentices Act, 1850, which provided for the welfare of destitute
children, and The Reformatory Schools Act, 1897, which allowed for the establishment of
reformatory schools, there has been a gradual development towards more comprehensive
juvenile justice laws. The Children Act, 1960, was a significant milestone, defining a “child”
and establishing special procedures for juvenile offenders. Many Developed Countries i.e.,
USA and UK have started the movement in 18 th century for the special protection of the
juvenile prior to this juvenile were treated as a adult. This movement further leads to the
general assembly of United Nation adopted the convention on the right of the child on 20 th
November 1989 which stated about the protection of the Juvenile that there shall be no
judicial proceeding or court trials against them which leads to the repeal of the laws related to
the juvenile and legislation came up with the new laws i.e., The Juvenile Justice (Care and
Protection of Children) Act, 2000, and its successor, the Juvenile Justice (Care and Protection
of Children) Act, 2015, further advanced the child-friendly approach to juvenile justice,
focusing on rehabilitation and reintegration. The legislative response to the Nirbhaya Delhi
Gang Rape Case9, including the Criminal Law (Amendment) Act, 2013, demonstrates
ongoing efforts to address the challenges in dealing with serious juvenile offenders while
maintaining a balance between accountability and the best interests of the child.

Juvenile laws and Constitution of India

The Constitution of India also provides certain protections and rights for juveniles. Article
15(3)10 of the Indian Constitution allows for special provisions to be made for children,
including juveniles, to ensure their well-being and development. Additionally, Article 39(f) 11
directs the state to ensure that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity. Additionally, Article 21A12 of the
Constitution of India guarantees free and compulsory education for all children between the
ages of 6 and 14 and Article 24 which states right to be protected from hazardous
employment under the age of 14 years. These constitutional provisions, along with the
Juvenile Justice Act, provide a framework for the protection and welfare of juveniles in India.

Current Juvenile laws in India

9
. Mukesh v. State (NCT of Delhi), (2017) 6 SCC 1.
10
.The Constitution of India, 1950, Art. 15(3).
11
. The Constitution of India, 1950, Art. 39(f).
12
. The Constitution of India, 1950, Art. 21(A).

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The Juvenile Justice Act of 2015 replaced its predecessor from 2000 in India to establish a
more comprehensive and effective system that balances deterrent and reformative measures
for juvenile offenders. Recognizing the need for a distinct approach for juveniles, the act
focuses on providing space for their transformation and improvement. It defines a child as
someone below 18 and distinguishes between those in need of care and protection versus
those in conflict with the law. Offences are categorized as heinous 13, serious14, or petty15, with
provisions allowing juveniles aged 16 to 18 to be tried as adults based on mental capacity. in
the case of Pratap Singh v. the State of Jharkhand, 16 one had to give all its importance to the
moral and psychological elements even when responsible for a crime. Key features of the act
include the establishment of Juvenile courts dedicated to handling juvenile offenses, an
expanded definition of children in need of care and protection, addressing issues such as child
labor and underage marriage. It also addresses adoption rights and aims to cater to the basic
needs of children in conflict with the law or in need of care and protection, focusing on care,
protection, development, treatment, and social integration. The act adopts a child-friendly
approach in adjudication, focusing on the best interests of the child. Rehabilitation of juvenile
offenders is emphasized through various child care houses and institutions. The Juvenile
Justice System in India is based on the principles that young offenders should be guided and
corrected rather than subjected to punishment, and that the trial process should focus on non-
penal treatment, utilizing community-based social control agencies. These principles
prioritize rehabilitation and reintegration into society over punitive measures for juvenile
offenders, forming the cornerstone of the Indian juvenile justice system.

CONCLUSION

In conclusion, the intersection of common law principles and juvenile laws underscores the
crucial balance between accountability and rehabilitation for young offenders. Through
historical analysis and contemporary developments, it's evident that legal frameworks have
evolved to prioritize the protection and welfare of juveniles. Legislative initiatives such as the
Juvenile Justice Act of 2015 in India reflect a shift towards a more comprehensive and child-
friendly approach, emphasizing rehabilitation over punitive measures. The constitutional
provisions and international conventions further reinforce the commitment to ensure the well-
being and development of juveniles. While challenges persist, especially in dealing with

13
. The Juvenile Justice (Care and Protection of Children) Act, 2015, (Act No. 43 of 1961), S. 2(33).
14
. The Juvenile Justice (Care and Protection of Children) Act, 2015, (Act No. 43 of 1961), S. 2(54).
15
. The Juvenile Justice (Care and Protection of Children) Act, 2015, (Act No. 43 of 1961), S. 2(45).
16
. (2005) 3 SCC. 551.

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serious juvenile offenders, the overarching goal remains to provide a supportive environment
for their transformation and integration into society. By aligning legal principles with the best
interests of the child, the juvenile justice system can effectively navigate the complexities of
juvenile delinquency while upholding fundamental rights and principles of justice.