Interpretation of Statutes NOTES
JUVENILE DELINQUENCY
According to Section 2(15) of The Juvenile Justice (Care and Protection of Children) Act,
2015, "Child" means a person who has not completed eighteen years of age. According to
Section 2(35) of the same Act, "Juvenile" means a child below the age of eighteen years.
Juvenile Delinquency is the involvement of a kid who is between the age of 10 and 17 in
illegal activity or behaviour. In simple terms, violation of law by a child is called Juvenile
Delinquency. Delinquency is an antisocial and criminal behaviour committed by a person who
is under the age of eighteen. Juvenile delinquency is also known as “juvenile offending,” and
each state has a separate legal system in place to deal with juveniles who break the law. Thus,
we can say that juvenile delinquency is the child and adolescent version of the crime.
The terms used in dealing with juveniles are used with some difference in comparison
with the terms used in reference to other offenders. Thus, a juvenile is not "arrested" but "taken
into custody", he is not "sentenced" but "committed" and his record is supposed to be the part of
civilian files and not criminal files. It all aims to have a healing effect on the sentiment of
juveniles so that they may be reformed as much as possible. Some key points about juvenile
delinquency are mentioned below:
• The precise definition of juvenile delinquency can vary by local jurisdiction.
• Juvenile delinquency is most common in the 14–15 age groups.
• More violent acts, such as assault and weapon use, become more common by age 16 or 17.
• In India, juveniles who commit delinquency are kept in juvenile jails or correction homes.
• Recidivism is common among young offenders, with 67% becoming repeat offenders.
• A juvenile may be prosecuted as an adult depending on the crime committed and the
severity of the crime.
Effects of Delinquency - Juvenile delinquency is a deep problem that not only affects the
victims of the delinquents, but also affects the juvenile delinquents themselves, their families,
and society as a whole. Juvenile delinquents are not able to predict the effect of their crimes by
themselves, but they are badly affected by these crimes.
Mostly these crimes lead the juveniles to lose their freedom as they might be placed on
probation, or even incarcerated. This also negatively affects their academic welfare because he
or she will miss academic activities that will happen during the probation or incarceration.
In some cases, he/she may be influenced by more experienced juvenile delinquents
when the juvenile is placed in a residential centre for detention. Because of these the juvenile
will more likely to suffer the consequences of re-offense.
Sometimes it becomes a trauma for the members of the family to have a juvenile
delinquent in their family. Juvenile delinquency is closely related to sexual activities, drug use,
gang involvement, etc. All these hurt the community because they make the community unsafe.
It severely affects various societal groups negatively by affecting the community, families,
individuals, and everyone else who lives in that particular society.
Causes of Delinquency - Causes of delinquent behaviour among juveniles is generally peer
influence. Juveniles can be engaged in activities that do not have concrete objectives and
commitments. These types of activities are likely to lead to volatile relationships that may
promote delinquent behaviour such as drinking and smoking. Even though most people face no
harm because of these activities, it has been proven that the more time suspended with peers,
watching television, the more likely to engage in delinquent behaviours.
Another factor that has been proved to encourage juvenile delinquency is family
influence. It is also believed that family influence contributes to more delinquent behaviours
than peer pressure. Families in which there is a weak emotional bonding between the
members of the family, tend to have juveniles who turn out to be delinquent.
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NOTES Interpretation of Statutes
Factors responsible for increasing rate of Juvenile delinquency:
1. Naturalistic theory of behaviour - Delinquency is inevitable consequence as a result of all
the elements that have entered into the growth of a child. It is a product of the influence of
specific conditioning circumstances upon his reacting organism. Among factors that may
bend the evolving personality towards anti-social behaviour are organic defect, sexual
precocity or retardation, hypertension, accidental injury to the brain and many other
influences are significant, when associated with other factors lead towards delinquency.
2. Psychological etiology - One of the main classes of casual influences upon delinquency is
psychological. Emotional insecurity, feelings of inadequacy and inferiority, affectional
under-nourishment, extreme submissive or aggressive responses to rigid domination, are
among the common dominators of behavioural disorder and delinquency as well. The child
needs an adequate and wholesome outlet for the expression of his psychic drives and
wishes. Frustration of the basic psychological demands or the impossibility of securing
socialized satisfaction may channelise them into law violating activity.
3. Constitutional defects - Defects in body structure, such as deafness, blindness, lameness,
etc. are significant for personality because of the individual subjective responses to his
peculiarity. A child with a quite serious effect may be very well adjusted if he is treated by
his environment as a normal person. However, this significance of his anomaly is
frequently exaggerated in his mind by the reactions of his parents and others who treat
him differently from his fellows. When a child feels inferior because of his deviation, he
may compensate in any of numerous forms of problem behaviour.
4. Biological etiology - The close relationship between natural, constitutional and
psychological factors, together with the bearing of the latter on behaviour, lends a
considerable significance of psychology in the study of delinquency. It has been recognised
that feelings and emotions have their organic accompaniments to recognise the fact that
these biological factors, varying from one individual to other may themselves be primarily
responsible for resultant conduct.
5. Hereditary influence - A men's psychological traits are a consequence of his genes. The
Heritage process is an initial and limiting force in the ultimate development of the
individual. However, it is only a partial determinant since it is associated with the
numerals conditioning influences that are necessary to its effects, but it is far too important
a factor to be neglected in any realistic consideration of human behaviour.
6. Mental defect - Mental defect maybe associated with misconduct is several ways as a
result of the obstructions to healthy adjustment that it erects. Usually aware of his mental
limitations, the additional burden of feelings of inferiority may aggravate his personal
problems and lead him to aggression or other compensatory behaviour.
Prevention of Delinquency - It is vital to ensure that families influence children positively due
to the contribution of its influence to delinquent behaviour in juveniles. Parents should closely
monitor the kind of company of their children. Schools should check the backgrounds of
children to fill the gaps that may be left by parents. Teachers can also help to counsel a child
who is involved in violence at home or a child who has a criminal parent. It should be insured
that children are engaged in productive social activities. Teachers should keep a check on
children to ensure that they are involved in good activities. Another way of reducing
delinquency is by reducing or eradicating racism from society because it also affects badly.
Statutory provisions to curb the rising trend of juvenile delinquency - There is a
presumption of 'doli incapax' which means 'incapable of wrongdoing', that the child is not
competent to commit the crime. In India, section 82 of the Indian Penal Code, 1860 confers
immunity to the child below 7 years of age from the criminal liability but a child who is more
than 7 years of age but below 12 years of age, the immunity shall extend if he has not attained
sufficient degree of maturity of understanding to judge the nature and consequence of his act.
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Interpretation of Statutes NOTES
JUVENILE JUSTICE ACT, 2015 - The Juvenile Justice (Care and Protection of Children) Act,
2015 is a new legislation which repeals the Juvenile Justice Act, 2000. One of the primary
reasons for the introduction of this act was to address the commission of heinous offenses by
juveniles aged 16-18. This development comes after the infamous Nirbhaya case. Traditional
criminal law labeled offenders as ‘delinquent or neglected children’ and procedure to punish
them as criminals but the new law aims at reformative justice for the convicts.
The primary focus of this act is on the procedural aspect, with regard to pendency in
cases, accountability of the functionaries, etc. It has also highlighted the categories of 'child in
conflict with law' and 'child in need of care and protection' under the Act.
“Child in Conflict with Law” has been defined under Section 2(13) of the Juvenile Justice
(Care & Protection of Children) Act, 2015 as a child who is alleged or found to have committed
an offence and has not completed 18 years of age on the date of commission of such offence.
According to Section 2(14), "Child in need of care and protection" means a child:
i. Who is found without any home or settled place of abode and without any ostensible
means of subsistence; or
ii. Who is found working in contravention of labour laws for the time being in force or is
found begging, or living on the street; or
iii. Who resides with a person (whether a guardian of the child or not) and such person -
a. has injured, exploited, abused or neglected the child or has violated any other law for
the time being in force meant for the protection of child; or
b. has threatened to kill, injure, exploit or abuse the child and there is a reasonable
likelihood of the threat being carried out; or
c. has killed, abused, neglected or exploited some other child or children and there is a
reasonable likelihood of the child in question being killed, abused, exploited or
neglected by that person; or
iv. Who is mentally ill or mentally or physically challenged or suffering from terminal or
incurable disease, having no one to support or look after or having parents or guardians
unfit to take care, if found so by the Board or the Committee; or
v. Who has a parent or guardian and such parent or guardian is found to be unfit or
incapacitated, by the Committee or the Board, to care for and protect the safety and well-
being of the child; or
vi. Who does not have parents and no one is willing to take care of, or whose parents have
abandoned or surrendered him; or
vii. Who is missing or run away child, or whose parents cannot be found after making
reasonable inquiry in such manner as may be prescribed; or
viii. Who has been or is being or is likely to be abused, tortured or exploited for the purpose of
sexual abuse or illegal acts; or
ix. Who is found vulnerable and is likely to be inducted into drug abuse or trafficking; or
x. Who is being or is likely to be abused for unconscionable gains; or
xi. Who is victim of or affected by any armed conflict, civil unrest or natural calamity; or
xii. Who is at imminent risk of marriage before attaining the age of marriage and whose
parents, family members, guardian and any other persons are likely to be responsible for
solemnisation of such marriage;
The aims and objects of the Juvenile Justice Act are enumerated as follows:
1. The basic needs of children alleged and found to be in conflict with law and children in
need of care and protection, through proper care, protection, development, treatment and
social re-integration.
2. Adopting a child friendly approach in the adjudication and disposal of matter in the best
interest of such children.
3. Rehabilitation of such children through processes provided and institutions and bodies
established under this act and for the connected matters or incidental thereto.
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NOTES Interpretation of Statutes
The Juvenile Justice Board - The Juvenile Justice Board is an institutional body constituted
under section 4 of the Juvenile justice act 2015.
Juvenile Courts - The trials of a juvenile offender are conducted in a special court, specially
constituted to save them from the rigours of ordinary law and to protect the procedure from
being challenged under Article 15 and 21 of the Constitution of India for undue discrimination.
The State Government was empowered to constitute for any specified area one or more
Juvenile Court for exercising the powers and discharging the duties conferred or imposed on
such Court in relation to delinquent juveniles.
Characteristics of Children's Court - The characteristics of the Children's Court, as observed
by Surtherland are as follows:
1. Broad definition of delinquency - for dealing with the Juvenile offenders, children's
courts are more interested in the reformation of juvenile offenders. The criminal intent,
responsibility and elements of guilt do not occupy much importance.
2. Informal Procedures - The procedure adopted in the Children's Court is informal. The
police are also supposed to be considerate while arresting juveniles.
3. Investigations - the investigations involve two things, firstly, the question of factor
regarding specific offence, is decided. Secondly, the social situations of the child are
investigated on the basis of information secured in this way. The child is either placed in
detention or released on bail.
4. Hearing - In hearing the case weighing of evidence is avoided. Attempts are made to
consider specific violation of law.
5. Jurisdiction - The jurisdiction varies from state to state. Generally, the Children's Court
has exclusive jurisdiction over delinquency by children.
Difference between Children's Court and Criminal Court -
Children's Court Criminal Court
In the Children's Court hearing is In the Criminal Court, hearing is
characterized by a scientific method of characterized by two conflicting parties.
investigation.
The purpose of hearing in the Children's Purpose of Criminal Court is to determine
Court is to determine whether child is whether the defendant committed a crime
delinquent. with which he is charged.
In the Children's Court, decision is made In the Criminal Court decision is not
on the basis of information obtained based on the information collected
regarding the character of the child. regarding the accused.
The Children's Court provides protection, The Criminal Court provides punishment
guardianship and treatment to juvenile to the offender in case of convection.
offender.
The Children's Court provides The Criminal Court provides correctional
correctional methods with reference to methods not with reference to the needs
the need of a juvenile offender. of a particular offender but by the law.
In the Children's Court, legal assistance is In the Criminal Court, lawyers give their
not taken from lawyers. assistance to their clients.
In Children's Court, aspect of reformation In the Criminal Court, emphasis is given
and correction is most important. on offence and punishment.
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