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Juvenile Justice System in India & Juvenile Delinquency: A

Comprehensive Analysis of Legal Frameworks, Causes, and
Rehabilitation Strategies

Dissertation submitted in partial fulfillment of the requirements for the Degree of

MASTER OF LAW
By

DEVANSH SINGH

L24LLMG0022

School of Law

BENNETT UNIVERSITY

(Established under UP Act No 24, 2016) Plot Nos8-11, Tech Zone II,

Greater Noida- 201310, Uttar Pradesh, India

April, 2025

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Juvenile Justice System in India & Juvenile Delinquency: A

Comprehensive Analysis of Legal Frameworks, Causes, and
Rehabilitation Strategies

Dissertation submitted in partial fulfillment of the requirements for the Degree of

MASTER OF LAW
By

DEVANSH SINGH

L24LLMG0022
To

PROF. (DR.) ABHIJIT MISHRA

School of Law

BENNETT UNIVERSITY

(Established under UP Act No 24, 2016) Plot Nos8-11, Tech Zone II,

Greater Noida- 201310, Uttar Pradesh, India

April, 2025

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NOTICE OF COPYRIGHT

@ Copyright Bennett University, Greater Noida

April, 2025

ALL RIGHTS RESERVED

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DECLARATION BY STUDENT

I hereby declare that the work reported in the LL.B. Dissertation entitled Juvenile Justice

System in India & Juvenile Delinquency: A Comprehensive Analysis of Legal

Frameworks, Causes, and Rehabilitation Strategies submitted at Bennett
University, Greater Noida, India, is an authentic record of my work carried out under the
supervision Dr. Abhijit Mishra. I have not submitted this work elsewhere for any other degree
or diploma.
Turnitin Software was used to detect plagiarism in this Dissertation and plagiarism is below 10%.

I am fully responsible for the contents of my LL.M. Dissertation.

Devansh Singh

L24LLMG0022

School of Law

Bennett University, Greater Noida, India

15th of April of 2025

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SUPERVISOR’S CERTIFICATE

This is to certify that the work reported in the LL.M. Dissertation entitled, Juvenile Justice

System in India & Juvenile Delinquency: A Comprehensive Analysis of Legal

Frameworks, Causes, and Rehabilitation Strategies submitted by Devansh

Singh at Bennett University, Greater Noida, India, is a Bonafide record of his

original work carried out under my supervision. This work has not been submitted elsewhere

for any other degree or diploma.

Dr. Abhijit Mishra

Assistant Professor School of Law

Bennett University, Greater Noida, India

15th of April of 2025

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ACKNOWLEDGEMENT

The said dissertation work was under the guidance of my supervisor Prof. (Dr.) Abhijeet Mishra,
Assistant Professor of Law Bennett University. This was indeed a great learning opportunity for me
to explore various areas involved in particular topic and the technicalities involved in it. Being a LL.M.
student, I'd like to express my heartfelt gratitude to my supervisor for taking the time from his tight
schedule to constantly looking over my work and guiding me at every stage throughout the process
of dissertation writing. Hence, this dissertation wouldn’t have been feasible without his invaluable
contributions, candid comments, and sincere efforts and support. Working on the dissertation has
been one of the most rewarding experiences of my life, and it has resulted in the collection of a large
amount of highly relevant and useful data.

Furthermore, I also want to express my deepest regard to Dr. Pradeep Kumar Kulsheshtra (Dean,
School of Law), and my academic mentor Prof. Dr. (Mrs.) Chasul Phogat, as without their support, this
dissertation work would not be possible. I am also grateful to my family and friends for always being
on my side throughout this period and providing me with all kinds of emotional and financial support
guidance and support throughout this period of dissertation writing which helped me in balancing my
work load with ease. I'd want to express my gratitude to my friends and seniors for reviewing the
dissertation and providing me with candid feedback. Above all, I express my thankfulness to almighty
God for his mercy and abundant blessings in allowing me to complete this project.

Devansh Singh
L24LLMG0022
2024-25

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LIST OF ABBREVIATIONS
Sr. No. Abbreviations Full form
1 & And
2 AIR All India Reporter
3 Anr. Another
4 CARA Central Adoption Resources Authority
5 CCI Child Care Institutions
6 Cr. P.C Code of Criminal Procedure
7 CWC Child Welfare Committee
8 CWPO Child Welfare Police Officer
9 DM District Magistrate
10 IPC Indian Penal Code
11 IYC International Year of the Child
12 JJ Juvenile Justice
13 JJA Juvenile Justice Act
14 JJB Juvenile Justice Board
15 NCPCR National Commission for the Protection of the Child
Rights
16 NCRB National Crime Reports Bureau
17 NCT National Capital Territory
18 NGO Non-Governmental Organisation
19 SC Supreme Court
20 Sec. Section
21 UK United Kingdom
22 UN United Nations
23 UNCRC United Nations Convention on the Rights of the Child
24 UNHRC United Nations Human Rights Council
25 UNICEF United Nations International Children's Emergency Fund
26 USA United States of America
27 V. Versus

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LIST OF CASES
Sr. No. Cases Pg.
no.
1 Anrit Das v. State of Bihar 2000 AIR SC 2264 64,
65
2 Bhola Bhagat v. State of Bihar (1997) 8 SCC 720 65
3 Bhoop Ram v. State of UP, (1989) SCC (Cri) 486 66
4 Budha Singh v. State of Punjab 1979 Chand LR (Cri) 114 73
(Punj)
5 D.K. Basu v. State of West Bengal AIR 1997 SC 610 68,
69
6 Emperor v. Dharam Parkash AIR 1926 (Lahore) 611 64
7 Ghanshyam v. State, 1982 Cri LJ 138(All) 73
8 Gopal Sharma v. State of Rajasthan RLW 2004 (1) Raj 450 70
9 Gopinath Ghosh v. State of West Bengal (1984) SC 237 38
10 Hiralal Mallick v State of Bihar, (1977) SC 2236 38

7 11 Hiromal s/o Chuharmal v. Emperor, AIR 1948 (Sind) 63 71

(DB)
12 Jaya Mala v. Home Secretary, Govt. of J&K: (1982) 2 SCC 65
(Cri) 502
13 Jayendra v. State of Uttar Pradesh 1982 Cri LJ 1000 73
14 Kalka Prasad v State of Uttar Pradesh (1959) All 698 38
15 Karuppayee and another 1997 Cri LJ 1627 (Mad) 73
16 Lakshmi v Sub-Inspector, N. P. Police Station 1991 Cri LJ 73
2269 (Mad)
17 Lalit Mohan Ghose v. State of Tripura 1999 Cri LJ 609 73
(Gau)
18 M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 701 1
19 Manmohan Singh v. State of Punjab (2004) 136 PLR 497 70
20 Master Niku Chaubey v. State 129 (2006) DLT 577 70
21 Mohd. Feroz @ Bhola v. State 2005 (16) CRIMINALCC 69
620
7 22 Mukarrab v. State of U.P AIR 2014 (SC) 117 64
23 Mukesh v. State (NCT of Delhi) (2017) 6 SCC 1 28,
29,
44
24 Narotam Singh v. State of Punjab, (1978) SC 1542, (1979) 4 49
SCC 505

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7 25 Nawab Dheru Gul v Emperor, AIR 1934 (Pesh) 29 64

6 26 Peter Gill v. State of Punjab, 1983 Cri LJ 231 (Punj) 72

6 27 Pratap Singh v. State of Jharkhand, (2005) 3 SCC 551; (2005) 4, 6, 69

SCC (Cri.) 742

28 Public Prosecutor v. Rajam Ammal AIR 1942 (Mad) 674 72

29 Rajan & Thiruvengada Karthigean v. State 1993 MLJ (Cri) 257 72

30 Rajendra Chandra v. State of Chhattisgarh, (2002) 2 SCC 287 66

7 31 Rajendra v. State of UP 11997 Cri LJ 2700 (All) 71

32 Rajesh Khaitan v. State of West Bengal 1983 Cri LJ 877 72

33 Rattan Lal v. State of Punjab (1965) SC 444 49

34 Re Chinnathambi case, (1961) MLJ (Cri) 671 5

1 35 Sheela Barse & Anr. v. Union of India & Ors. 1986 AIR 25, 26, 67
1986 SC 1773

36 Sikander Mahta v. Tunna 2014(3) RCR (Criminal) 257 (SC) 66

6 37 Somabhai vs. State of Gujarat, 1989, Cr. L.J. 1945 (Guj) 37

38 Sri Krishan v. State of UP, AIR 1991 (SC) 43 71

39 State of MP v. Ashok Kumar 1995 Cri LJ 3955 (MP) 72

40 State v. Ram Singh and another AIR 1951 SC 270 66

41 Sunita v. State 1998 Cri LJ 4249 (P&H ) 73

42 Superintendent, Central Jail, Hyderabad v. C. Narsimhulu 1999 72

Cri LJ 1425 (AP)

57 43 Supreme Court Legal Aid v. Union of India, AIR 1989 SC 2

1278

44 Uday Kumar Yadav v. NCT of Delhi CRL.A. 1221/2013 66

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TABLE OF CONTENTS

DECLARATION BY STUDENT………………………………………...…...4
SUPERVISOR’S CERTIFICATE……………………………………………5
ACKNOWLEDGEMENT…………………………………………………….6
LIST OF ABBREVIATIONS…………………………………………………7
LIST OF CASES……………………………………………………………..8-9
CHAPTER-1 INTRODUCTION………………………………………...14-30

1.1 Introduction………………………………………………………….14-15
1.2 Juvenile Delinquency…………………………………………………...16
1.3 Definition of Juvenile……………………………………………….17-18
1.4 Definition of Juvenile Delinquency…………………………………18-19
7 1.4.1 Child in conflict with law…………………………………….19
1.4.2 Child in need of care and protection………………………19-20
1.5 Types of Juvenile Delinquency…………………………………………20
1.6 Causes of Juvenile Delinquency……………………………..……...21-24
1.7 Literature Review……………………………………………..…….24-26
1.8 Statement of Problem…………………………………………………..27
1.9 Objectives of the study…………………………………………………27
1.10 Research Question………………………………………………….27-28
1.11 Hypothesis…………………………………………………………...….28
1.12 Research Methodology………………………………………………....28
1.13 Chapterization………………………………………………………28-30

6 CHAPTER 2 HISTORICAL DEVELOPMENT OF JUVENILE JUSTICE

SYSTEM IN INDIA………………………………………………………..31-44

2.1 Introduction……………………………………………………………31-32

2.2 Evolution of Juvenile Justice System in India………………………...32-39

2.2.1 Before 1773………………………………………………………..33

2.2.2 1773-1849……………………………………………………...33-34

2.2.3 1850-1919……………………………………………………..34-35

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Reformatory school act………………………………………35-36

2.2.4 1919-1950…………………………………………………………37
2.2.5 1950-2000……………………………………………………….38
2.2.6 2000-2015…………………………………………………….38-39

2.3 Current scenario of Juvenile Justice System in India…………………40

2.3.1 Background of the Amendment………………………………40-41
2.3.2 Highlights of the Amendment………………………………........41
2.3.3 Significant features of the Amendment………………………42-43
2.3.4 Future impact of the Amendment………………………………..44

CHAPTER 3 STATUTORY PROVISIONS REGARDING JUVENILE

DELINQUENCY…………………………………………………………45-59

3.1 Introduction……………………………………………………..…45-46

3.2 Constitutional provisions under Indian Constitution……………..47-48

6 3.3 Legislative Provisions under the Code of Criminal Procedure……..49-50

3.4 Legislative Provisions under Indian Penal Code……………………51-54

3.4.1 Act of a Child under the Age of Seven Years……………...51-52

12 3.4.2 Act of a Child over the Age of Seven Years but under the Age of

Twelve Years………………………………………52-54

3.5 The Juvenile Justice, 1986………………………………………………55

3.6 Juvenile Justice (Care and Protection of Children) Act 2000…………56

3.7 The Juvenile Justice (Care and Protection of Children) Act, 2015…….56

3.7.1 Juvenile Justice Board…………………………………………56

3.7.2 Powers and Functions of the Board…………………………...56

18 3.8 The Juvenile Justice (care and protection of children) Amendment

Act, 2021……………………………………57

3.10 Rehabilitation and Re-integration……………………………………...58

3.11 Punishment of Juvenile………………………………………………….59

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CHAPTER 4 INTERNATIONAL PERSPECTIVE OF JUVENILE

DELINQUENCY………………………………………………………..64-73

4.1 Introduction……………………………………………………………...64

4.2 International Conventions……………………………………………65-70

12 4.2.1 United Nations Convention on the Rights of the Child………….65

6 4.2.2 UN Minimum Rules for the Administration of Juvenile Justice: The

Beijing Rules (1985)……………………………66

29 4.2.3 The Riyadh Guidelines (UN guidelines for the prevention of

Juvenile delinquency 1990)…………………………………….67

4.2.4 UN Resolution 1997/30- Administration of Juvenile Justice…...67

4.2.5 Optional Protocols on the Rights of the Child………………68-69

4.2.6 Other International Instrument…………………………………70

4.3 Comparison of Indian Juvenile System with other countries…………...70-73

4.3.1 Juvenile Justice System in America…………………………….70

4.3.2 Juvenile Justice System in Pakistan…………………………70-71

4.3.3 Juvenile Justice System in China……………………………71-72

4.3.4 Juvenile Justice System in Russia………………………………72

4.3.5 Juvenile Justice System in Saudi Arabia……………………….73

4.3.6 Juvenile Justice System in Ireland……………………………...73

CHAPTER 5 JUDICIAL APPROACH REGARDING THE JUVENILE

JUSTICE SYSTEM……………………………………………………….74-84

5.1 Introduction……………………………………………………………74-75

5.2 Determination of Age of Juvenile……………………………………….76

5.3 Apprehension of the Juvenile……………………………………………….76

5.3.1 Vision of the Constitution……………………...……………77-80
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5.4 Bail to Juvenile……………………………………...…………………..80-82

5.5 Final Disposition of Juvenile……………………………………...…….82-84
CHAPTER-6 CONCLUSION & SUGGESTIONS……………………85-91
6.1 Introduction……………………………………………………………85-88
6.2 Suggestion…………………………………………………………….88-91
BIBLIOGRAPHY…………………………………………………………92-93
TURNITIN REPORT……………………………………………………94-97

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CHAPTER-1

INTRODUCTION

1.1. INTRODUCTION

“Children are like buds in a garden and should be carefully and lovingly nurtured, as they are
the future of the nation and the citizens of tomorrow. Only through right education can a
better order of society be built up.”
- Jawaharlal Nehru

Children are regarded as the most valuable resource of the nation. The primary responsibility for
ensuring that children grow up in a healthy environment and develop into responsible citizens lies
with their families. The state is responsible for ensuring social justice and ensuring that all children
have equal opportunities for growth throughout their lives. Children are expected to be respectful,
obedient, and possess positive characteristics. A certain percentage of youth, however, do not follow
established social and legal standards for a variety of reasons, and they regularly engage in criminal
conduct.

"The child is the father of man,"1 and to allow for the procreating of a courageous and vigorous man,
children must be well nurtured during their developing years. They must be educated, acquire
information of man and materials, and be fostered in such a way that when they reach adulthood, they
are discovered to be a man with a purpose, a person who makes a valuable contribution to society.2
Children are the ones who will have a significant impact on how the world will be in a few years. The
most vulnerable elements of society are children and require particular protection. Because they are
vulnerable and reliant, they are at risk of being used and driven into the criminal realm. It is, without
a doubt, the moral responsibility of the state to safeguard its citizens' interests. Much has been said
about victimized children and youngsters who require care and protection but there has been relatively
little written about juvenile criminals, who are the true neglected children.

20 In a developing country such as India, the problem of juvenile delinquency is comparatively low,
although it is gradually increasing. The fact that the number of crimes involving juveniles have

1
William Wordsworth , My Heart Leaps Up (1802).
29 2
M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 701.
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increased in the recent years is most alarming of all. Based on socioeconomic and psychological
variables, the number of determinants for delinquency is generally common and connected, according
to the analysis. The major elements that contribute to the juvenile delinquency are considered to be
poverty, broken family, domestic abuse, inadequate education system, living conditions etc.
5 Children's neglect by their parents, families, society, and nation has a negative impact on their
5 physical, mental, and overall development. The preponderance of the factors that lead to delinquency
are present in India, and any endeavor to prevent or manage them can benefit society. After all,
children represent both the nation and the nation's future.3
5 Because a huge number of criminal careers begin in childhood, juvenile delinquency is a stepping
stone to adult criminality. It's a global issue that's creating great concern, the number of crimes of
9 juvenile delinquency is increasing every year, even in developed countries.4 In recent times, it has
9 become clear that the most important aspect of criminology research is juvenile delinquency. In recent
years, there has been a push for a more objective assessment of the problem as well as the
development of new techniques. Juvenile delinquency has taken on more serious forms, which is an
9 indication of a sick society. The worldwide phenomenon of chaos and destruction generated by
deviant behaviour is reaching terrifying proportions in social organizations, acting as a warning to
those who are either in its clutches or are about to be impacted.

26
7 In the case of Supreme Court Legal Aid v. Union of India 5, The Supreme Court also emphasized
this view and observed: Children need society's protective umbrella for healthier growth and
14 development because they are unable to assert their rights to attention, maturation, food
education, and other benefits. It is society's responsibility, and one of the most important tasks
of those in control of the country's government at the moment, to pay attention to children in
order to prepare them to be responsible people in the future.

1.2. JUVENILE DELINQUENCY

20 Juvenile Delinquent is a legal term that was first coined by Illinois in 1889, when the state passed the
first juvenile delinquency statute. Each state has implemented its own juvenile delinquency legislation
since then. Juvenile delinquency is a global issue. This problem is still expanding in the majority of
modern nations, both developed and developing. Delinquency is a peculiar condition. It is referred to

3
Ms. Kohli & Ms. Kunjana Mittal, “Juvenile Delinquency in India”, 5-6 MMU, Mullana (2015).
4
Juvenile delinquency, World Youth Report, 2003.
5
AIR 1989 SC 1278.
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be 'Delinquent' when a person deviates from the typical pattern of behaviour. A juvenile delinquent
is someone below the age of eighteen who commits potentially detrimental behaviour to society and
himself. Boys and girls under the age of 18 make up the juvenile delinquent populace. A juvenile
delinquent is an unrepentant or consistently disobedient young person.6

When children engage in criminal activities, it is referred to as juvenile delinquency or juvenile

criminality. There is a larger demand for a Juvenile Justice administration as the number of juvenile
offenders rises. The rising incidence of young people engaging in illegal activities has become a rising
source of concern for the country in recent years, attracting the attention of both the government and
society.

There are two types of juvenile delinquent behaviour7:-

9  Status offences are those that are inappropriate or harmful to children and adolescents,
and hence are forbidden due to the offender's age. Some instances of status offences
include smoking, drinking, truancy, and fleeing from home.

 A violation of legal statutes is referred to as a delinquent act. Murder, rape, assault,

harassment, stalking, robbery, and other crimes fall into this category.

1.3. DEFINITION OF JUVENILE

A juvenile, unlike an adult, cannot be held accountable for his unlawful act since he has not reached
the age of majority. Juvenile age varies by country and state. A "juvenile" is someone who is below
37 the age of eighteen years. The Juvenile Justice Act of 2015 defines a 'juvenile' as a minor under the
age of 18.8 The Juvenile Justice Act of 1986 established a 16-year-old age restriction for boys and
18-year-old age limit for girls. However, in the case of heinous crimes, the situation has been tightened

6
Shruti Chaturvedi & Sorabh Dahiya, “Juvenile Delinquency: Estimating Fearless Symbol and Fertilization” IJLDAI
[volume 3 issue 1] (2017).
7
Abhilasha Belwal & Ashish Belwal, “Juvenile Delinquency in India”, 308 BLR (2016).
8
S. 2(35), Juvenile Justice (Care and Protection of Children) Act, 2015.
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by requiring a child to be 16 years old to qualify.

21 The Juvenile Justice (Care and Protection of Children) Act of 2000 increased the minimum age for a
juvenile to 18 years. The term "juvenile" is defined as "a person under the age of 18 years" under this
Act.9 The Act was enacted primarily to voice discontent with the Juvenile Justice Act of 1986. The
following suggestions were made in this context: -

8  To adhere to and be bound by the UNCRC;

6  To set an uniform age limit of 18 years for the both boys and girls;

17 The term "child" is defined in Article 1 of the Convention on the Rights of the Child. A child is
8 someone under the age of 18 as specified by this Convention. No child shall be tortured or subjected
to cruel, inhumane, or degrading treatment, and no child shall be sentenced to death or life
imprisonment, according to the Convention.10

The Supreme Court was asked in the matter of Pratap Singh11 if “the date of occurrence will be the
reckoning date for calculating the age of the alleged offenders as juvenile offender or the date when
he is shown in court?” In this instance, the court decided that the day of the offense should be used to
determine the offender's age rather than the day he was hauled before authorities or appeared in court.

4 The Court was given the responsibility of determining the age of a child under the Juvenile Justice
Act of 2000. The New Juvenile Justice Act of 2015 provides that all Courts, Boards, or Committees
will decide the age of a juvenile.
45 In Re Chinnathambi12, the Court recognized and imposed several principles for determining the age
of a juvenile in the juvenile justice system:
a) Juvenile age shall be determined using proper and precise evidence.
b) Oral evidence could be used to resolve inconsistencies in the evidence supplied.
c) The child's school certificate should be regarded precise and accurate.
d) The Court must make every endeavour to determine the Juvenile's age.
e) Documents such as birth certificates and school leaving certificates should take precedence
over radiological examinations and physical characteristics.

9
S. 2(k), Juvenile Justice (Care and Protection of Children) Act, 2000.
10
Article 37(a), Convention on the Rights of the Child.
11
Pratap Singh vs. State of Jharkhand, (2005) 3 SCC 551.
12
(1961) MLJ (Cri) 671.
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1.4. DEFINITION OF JUVENILE DELINQUENCY

The terms juvenile and delinquency are derived from the Latin terms "juvenis," which meaning
"young," and "delinquer," meaning means "to omit," but they today relate to youngsters who engage
in improper and detrimental behaviours. Delinquency is a socially unacceptable act or behaviour by
a juvenile. Juvenile delinquency is defined as a child's failure to fulfil certain societal commitments.
The expression of an unmet drive in a juvenile criminal is juvenile delinquency. Juvenile delinquency
is a term used to characterize the engagement of minors in behaviours that are prohibited by law or
violate the law's code.
“The legal concept delinquency refers to an extensive range of socially unacceptable behaviour that
changes depending on the time period, location, and attitudes of individuals who are in charge of
enforcement the law. This type of behaviour includes indiscipline, wilful disobedience, rebellion,
dishonesty, leaving home, regular visits to the movies, visiting to areas of vile repute, and returning
home in the evening. A homeless, poor, or abandoned child will also be included. In a nutshell, a
delinquent youngster is one whose activities cause concern and worry among parents, teachers, and
others who are responsible for his education and healthcare” 13
The participation of children in illegal acts is known as juvenile delinquency. A person is classified
9 as 'delinquent' when his behaviour deviates from the rules of his social life. In other terms, a juvenile
54 delinquent is someone whose acts imperil society and themselves. A child is considered as a
delinquent when they commits an illegal act that is not recognized by society. As a result, a "juvenile"
or "child" is someone under the age of eighteen who violates the law or commits a crime before
attaining the legal age of maturity. Delinquency includes things like leaving home, using unsuitable
or obscene language, engaging in sexual offences, and other acts of delinquency.14
1.4.1 CHILD IN CONFLICT WITH LAW
A minor who has indulged in any unlawful or criminal violations is referred to as a “child in conflict
13 with the law.” To be convicted under the Juvenile Justice Act15, at the time of the offence, a person
28 must be below the age of 18 years. A “Child in conflict with the law,” as defined in Section 2(13) of
2 the Juvenile Justice Act 2015, is a minor who has not achieved the age of eighteen years as of the date
of the alleged crime and is charged of committing an offence. The Supreme Court acknowledged
juvenility in Anrit Das v. State of Bihar16 and the important date for determining juvenility was when
32 the juvenile was produced before the proper authority. The Court concluded in Umesh Chandra v.

13
K. Kusum, “Juvenile Delinquency- A Socio-legal Study” (KLM Book House, New Delhi, 1979).
14
Kashish Mathur, “Juvenile Delinquency in India Causes and Prevention" LSI (2020).
15
Juvenile Justice (Care & Protection of Children) Act, 2015.
16
2000 AIR SC 2264
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State of Rajasthan17 that “the proper date for the applicability of the Act is indeed the date on which
the act occurs.” “The age of the juvenile criminal, who is claimed to be a child, is concerned,” the
15 court decided, “not the date of the trial, but the date of the incidence of the crime.” In the case of
Pratap Singh v. State of Jharkhand and Others18, the question of determining a juvenile's age was
addressed by the Supreme Court. A juvenile's age is established by the date of the offense, not the day
he is taken into custody or appeared in court.
1.4.2 CHILD IN NEED OF CARE AND PROTECTION
39 A “Child in need of care and protection,” is defined under Section 2(14) of the Juvenile Justice Act
201519, as a child who:

a) “who is found without any home or settled place of abode and without any
ostensible means of subsistence;
b) 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
c) 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
d) who does not have parents and no one is willing to take care of, or whose
parents have abandoned or surrendered him.”
1.5. TYPES OF JUVENILE DELINQUENCY

Delinquency can present itself in a variety of ways. Each pattern has its own social context. In
1966, Howard Becker has defined four types of juvenile delinquency: “Individual, Group-
supported, Organised, and Situational delinquency.”20
36  Individual Delinquency: It refers to Juvenile delinquency in which only one person is

involved in a delinquent conduct, and the explanation for the criminal behaviour is
discovered within the delinquent. Psychiatrists are the primary source of explanations for
delinquent behaviour. According to them, delinquency is driven by psychological
problems stemming mostly from distorted familial interaction patterns.
 Group-Supported Delinquency: Delinquencies are perpetrated in the company of

17
1982 AIR 1057.
18
(2005) 3 SCC 551; (2005) SCC (Cri) 742.
19
S. 2(14) Juvenile Justice (Care and Protection of Children) Act, 2015.
20
Smrutisikha,“Types Of Delinquency Referred by Howard Becker”,
http://www.yourarticlelibrary.com/essay/juvenile-delinquency/types-of-delinquency-refereed-by-
howardbecker/43996 (last visited-17/03/25).
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15 others under this category, and the reason is discovered in the culture of the individual's
home and neighbourhood, not in the delinquent's personality or family. It was their
association and company with people who were already delinquent that caused the
youngest to become delinquent.
 Organized Delinquency: Formally organized groups are the ones who perpetrate them.
In the 1950s, the phrase "delinquent subculture" was coined to describe this type of
delinquency. This notion refers to a system of concepts and rules that regulate collective
behaviour, promote criminality, allocate status based on such behaviour, and define
suitable relationships with persons who do not fit into social norms.
 Situational Delinquency: A different perspective on situational delinquency is provided.
The idea is that delinquency is not well-established, and that delinquent reasons and
control methods are often simple. Since of less developed impulse control and poor
reinforcement of household constraints, a young person engages in delinquent behaviour
without a serious commitment to criminality, and because he stands to lose relatively little
even if caught.
1.6. CAUSES OF JUVENILE DELINQUENCY
Nobody is born with the ability to commit crimes. The different circumstances that a child encounters
both within and outside of his or her home have a profound impact on his or her life. The most common
causes of delinquent crimes are poverty, child abuse, mental illness, adolescent insecurity, drug abuse,
dysfunctional families, domestic violence, and an anti-social peer group. Juvenile delinquency takes
many forms, varying in complexity, frequency, and magnitude, and including a wide range of
behaviours such as theft, thievery, addiction, sexual crimes, and predatory actions, among others.
A delinquent person is disobedient and rebellious on a regular basis, leaving home and school, is
unmanageable by parents and teachers, resists discipline, is conscience, and acts in ways that are
destructive to the welfare and prosperity of others and oneself.21 Hansa Seth's research on
Maharashtra's juvenile criminality reveals that where the split in the family was caused by the living
parent's remarriage, the children were either abandoned or stayed with relatives, or they fled home and
became impoverished. When the father remarried, the children were not subjected to the stepmother's
continual abuse and nagging. As a result, it is discovered that a broken home is incapable of providing
protection and affection to children.22
Like other society concerns, delinquency has an ancient legacy. Because children are the country's
future, a youngster should be given a good environment and a solid education. When a youngster

21
Sharma B.R., “Juvenile delinquency in India – a cause for concern” 31 (J Indian Acad Forensic Med, 2007).
22
Hansa Seth, “Juvenile Delinquency in an Indian Setting” (Popular book depot, 1961).
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grows up in a tough environment, he absorbs immoral views and culture and engages in criminal
actions and offences fast, making it impossible to steer him back to the correct route. When a child
gets away with their first mistake, it motivates them to engage in more and more offenses until they
are caught.
Sarkar Chandra conducted a research in West Bengal that looked at the aetiology and analysis of
juvenile delinquency. She gathered a sample of 110 delinquents from Borstal and Reformatory
schools in Berhampur, as well as the Liluah detention center. She looked on the role of the family
environment as well as other entities in delinquency. The study's key findings include the fact that
both broken and nuclear families had a higher proclivity for delinquency.23

The following are six major factors that lead to the rise in juvenile delinquency in general:24

1. Physical Factors: Physical elements that contribute to the rise in juvenile delinquency
can be seen in three ways in terms of their potential impact on delinquent conduct.
 Physical issues are a chief reason of criminal behaviour;
 They can impede a child's academic success and interpersonal interactions;
 Physical conditions such as physical ebullience may provide an excess of energy
that discovers outlets in delinquency.
Malnutrition, lack of sleep, sensory problems, speech defects, deformities, nerve disorders, and other
physical issues all contribute to the rise in adolescent misbehaviour. Malnutrition can be caused by a
lack of food as a result of neglect or poverty, irregular meals, or excessive consumption of substances
like tea or coffee, among other things. All of the aforementioned variables obstruct normal food
digestion and assimilation, resulting in malnutrition in children and, as a result, deviant conduct in
adolescents.
2. Mental Factors: The main contributors to the rise in delinquency are mental problems.
6 Delinquency can be defined in three ways:
a) It is a direct manifestation of the state of mind of the juvenile, such as
compulsive images;
b) It can also be characterized as a metaphor for some urges or feelings that have

23
Sarkar, C. “Juvenile Delinquency in India: an Etiological Analysis” 39-154 (Daya Pub. House, 1987).
24
K. M. Banham Bridges, “Factors Contributing to Juvenile Delinquency”, 531 (17 Am. Inst. Crim. L. &
Criminology 1926-1927).
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been left unregulated or stimulated by a mental illness; and

c) It can also be thought of as a form of adaptation or compensation for some
mental illnesses.
The most common cause of delinquency is a mental impairment. It is thought to be determined in a
variety of ways. To begin with, the child's lack of value appreciation. Delinquency can occur as a
result of either normal or aberrant impulses. Second, due to an inability to learn the difference between
good and wrong. Third, due to a scarcity of resources for the manifestation of mental and physical
activity, such as mental imagery or fantasy.
6 3. Home Conditions: The environment in which children grow up is an indirect factor of
juvenile delinquency. It has a serious influence on children's physical and mental
health, which in turn influences their behaviour. The child's mental life is influenced
by his or her family relationship. Unhygienic conditions, material inadequacies, an
abundance of materialistic things, unemployment and poverty, broken families,
physically and psychologically irregularity of their parents or family, inexcusable and
deviant parents, having to suffer by step-parents or guardians of the child, and other
factors contribute to increased delinquency. Unsanitary conditions have an indirect
impact on his mental health and have a direct impact on his physical health. Unsanitary
circumstances such as a lack of toilet facilities, insufficient lighting, inadequate
heating, and congestion, to name a few.
4. School Conditions: School conditions, like family factors, indirectly induce juvenile
misbehaviour. It harms the child both physically and psychologically. Some factors
contribute to the worsening of school conditions, such as
a) Rigidity in the educational system and rules, such as a hard curriculum and a
lack of personalized consideration.
b) Poor grading and exam outcomes; for instance, marking above and below the
child's level.
c) A low rate of attendance.
d) Insufficiently competent teachers in the schools;
e) Unsuitable classmates; for example, choosing the wrong course due to peer
pressure or skipping classes.

5. Neighbourhood Conditions: It is a chief reason of juvenile delinquency, which has

a negative impression on the child's physical and mental health. This delinquency is
exacerbated by the following factors:
a. Gang influence and bad culture; for example, going somewhere without alerting

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the parents, and the use of alcohol and drugs.

b. An immoral or delinquent neighbour, such as one who engages in prostitution or
steals.
c. Neighbourhood affluence; for example, if a child's parents are impoverished in
comparison to their neighbours, they are failing to meet their wants and
satisfaction.
d. Overstimulating movies and shows destroy the child's mind while it is still
infantile, causing them to replicate what they see. They are unable to distinguish
between legitimate and illicit activities. These stimuli are easily elicited in them.
6. Occupational Conditions: The external effect of delinquency is the occupational
cause. It has a significant impact on the physical and emotional health of adolescents.
External issues such as irregular employment, occupational mismatch, free time and
inactivity, absenteeism, industrial influences, monotony and habitation, and the
collapse in the training program are all elements that contribute to the rise in crime.
1.7. LITERATURE REVIEW
23 In the field of juvenile delinquency and juvenile justice system there is a wide range of material
available in the shape of books, journals, and research articles, both in India and across the world.

Books

1. Dr. Hansa Seth, (1961)25: This thesis is based on statistics data from the state of Bombay
from 1941 to 1956, with a focus on the Greater Bombay district. She investigated the role of
social variables on the development of aberrant behavior in youngsters.
2. K. Kusum, (1979)26: It was pointed out that “truancy, incorrigibility, disobedience, lying,
running away from home, frequent visits to the movies, visiting places of ill repute, and
returning home late at night” are examples of this type of behavior. In a nutshell, a delinquent
child is one whose actions raise fear and alarm among parents, teachers, and others responsible
for his care and education.
3. NL Mitra, (1988)27: In this book, the author analyses the sociological and legal facets of
the idea of juvenile delinquency. The background of prejudice in the various legal
systems in India. In the second chapter, the age factor in criminal behaviour is covered.
The examination into the causes of delinquency then follows. The juvenile justice

25
Dr. Hansa Seth, “Juvenile Delinquency in an Indian Setting” (Popular book Depot, 1961).
26
K. Kusum, “Juvenile Delinquency- A Socio-legal Study” (KLM Book House, New Delhi, 1979).
27
NL Mitra, Juvenile Delinquency and Indian Justice System (Deep & Deep Publications, 1988).
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system's legal, procedural, and therapeutic facets are all covered. This book describes the
framework, practices, and approach to punishment and treatment of the Indian juvenile
justice system. The topic of other forms of rectification is covered in a different chapter.
4. Preeti Jacob, (2014)28: In this book, the author goes into great depth about how nascent
both India's juvenile justice system and the children's rights movement are. This book’s
major goals are to provide an overview of India's juvenile justice system, analyze the
problems it has, and describe recent initiatives taken to address those problems. Although
there are large disparities between policy and practice for teenagers who breach the law,
this is also discussed in the book. The mental health community can learn from India's
experience and give this vulnerable yet resilient people hope for a better future by
supporting progressive laws, particularly the Juvenile Justice Act. Progressive juvenile
justice rules and legislation have existed for a very long time in India, and ongoing work
is being done to solve flaws and enduring problems.
5. Sarkar C, (1987)29: The researcher in this talked about Juvenile justice (Care and
Protection) Act creating favourable environment for all juvenile delinquents and also for
criminologist. Even though being a relatively new crime, it has quickly become one of
the most pressing societal issues that need everyone's attention. It also entails how it
follows a defined pattern of behaviour.

Articles

1. Kavita Sahmey, (2013)30: The Latin word juvenis, which etymologically implies young,
19 is the source of the word juvenile, while the Latin word delinquer, which means to omit,
is the source of the word delinquency. William Coxton coined the term "delinquent" in
1484 to designate a person who had been judged guilty. Teenagers who engage in illegal
19 behavior while often under the age of 18 and commit acts that would be regarded as
crimes are said to be engaging in juvenile delinquency.
2. M. Ramachandran and M. Kannappan, (2018)31: In this piece of writing, the author first
31 defines a juvenile as a child under the age of 18 before going into depth on juvenile offenses.
India is a nation that is developing. Today's society is seeing an increase in juvenile crime. The

28
Preeti Jacob, “Child and Adolescent Mental Health in the Juvenile Justice System in India: Challenges and
Initiatives”, Adolescent Psychiatry 278-283 (Bentham Science Publishers, Volume 4, Number 4, 2014)
29
Sarkar C., “Juvenile Delinquency in India: an Etiological Analysis” 39-154 (Daya Pub. House, Delhi, 1987).
30
Kavita Sahmey, “A Study on Factors Underlying Juvenile Delinquency and Positive Youth Development
Programs” 3 NIT Rourkela, Odisha (2013).
31
M. Ramachandran and M.Kannappan, “A Study on Juvenile Justice System in India before and after
NIRBHAYA Case” 1265-1275 International Journal of Pure and Applied Mathematics Volume 119 (2018).
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49 Juvenile Justice Act was established by Parliament in 1986 with the goal of ensuring the care,
protection, treatment, development, and rehabilitation of neglected or delinquent children. It
becomes effective on January 15th, 2016. Section 2(a) of the 1986 Act defined "juvenile" as “a
male who has not attained the age of 16 years and a girl who has not attained the age of 18
17 years.” The United Nations Convention on the Rights of the Child (UNCRC), which
designated a person under the age of 18 as a juvenile, was signed and ratified by India at the
same time. In a brief, the paper discusses the act's numerous elements as well as its
shortcomings.
16 3. Ms. Maharukh Adenwalla, (2006)32: A child is an integral component of his society. He is
easily motivated by what he observes around him because of his maturity. His surroundings
and social situation are what motivate him to act. Juvenile Law makes an effort to treat the
juvenile while doing little to address the underlying causes of the sickness.
5 4. Nawaz Haque (2012)33: It encompasses that the problem of juvenile neglect and
delinquency in a developing country like India is relatively low, but it is constantly
increasing. It also talks about the scale of the problem, socio- economic and psychological
aspects juvenile delinquency.
5. Sharma B. R. (2007)34: According to this article, delinquent young person is rebellious
and wayward, runs away from home and school, is uncontrollable by parents and teachers,
is resistant to discipline, is self-willed, and acts in ways that are harmful to the welfare
and happiness of others and oneself on a regular basis.
6. Vedkumari, (2009)35: She points out that the quagmire created by the Supreme Court's
conflicting and narrow interpretations of age issues has narrowed the applicability of the
Juvenile Justice Act to an increasing number of cases contrary to the intention of the
legislature.

Ms. Maharukh Adenwalla, “Child Protection and Juvenile Justice System for Juvenile in Conflict with Law”11
32

CHILDLINE India Foundation (2006).

33
Nawaz. Haque, “Juvenile Justice System & its Delinquency in India” LSI (2012).
34
Sharma B. R. & ors, “Juvenile delinquency in India – a cause for concern” 31 J Indian Acad Forensic Med (2007).
35
Journal of the Indian Law Institute, Delhi Vol. 51 No.2 (Ap - June 2009).
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1.8 STATEMENT OF PROBLEM

5 The problem of juvenile delinquency in a developing country like India is relatively low, but it is
gradually increasing. What's more concerning is that the proportion of juveniles involved in crimes
reported in the country has risen in recent years. Based on socioeconomic and psychological variables,
the number of determinants for delinquency is generally common and connected. In the past few
years, it has become abundantly obvious that the most important aspect of criminology research is
juvenile delinquency. Juvenile delinquency has taken on more serious forms, which is an indication
9 of a sick society. The worldwide phenomenon of chaos and destruction generated by deviant
behaviour is reaching terrifying proportions in social organizations, acting as a warning to those who
28 are either in its clutches or are about to be impacted. The Juvenile Justice (Care and Protection of
Children) Act, 2015 was passed by the government in order to prevent juvenile delinquency and
provide children with the right care and protection. Despite that, the issues that have arisen in the
successful administration of the Act, as well as the age determination of juvenile delinquents is a
major growing concern. The rehabilitation of children and other youth development programmes are
not a priority for childcare facilities, and children are purportedly kept in such facilities to obtain
government funds.
1.9 OBJECTIVES OF THE STUDY
1. To investigate the causes and consequences of Juvenile Delinquency.
2. To study and analyze Juvenile Justice Programs under Juvenile Justice System in India.
3. To assess the appropriateness of existing statutory provisions concerning juveniles in India
in comparison to those in other countries.
4. To critically analyze the existing Juvenile Justice Act in India.
5. To suggest recommendations for ways to address the issues surrounding juvenile
delinquency and Juvenile Justice System in India.

1.10 RESEARCH QUESTION

1. What are the major causes and consequences of Juvenile Delinquency in India?
2. What are the various Juvenile Justice Programs under juvenile justice system in India?
3. How are juvenile cases handled in other countries in comparison with India?
4. Whether the existing Juvenile Justice Act capable of achieving the goals set out in the
Act?
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5. What are the various ways in which Juvenile Justice System can be improved in the
country?

1.11 HYPOTHESIS

The problem of Juvenile Delinquency in India is gradually increasing. However, Positive Youth
Development and other facilities under Juvenile Justice System aids in the positive development of
delinquents.
1.12 METHODOLOGY
6 The proposed research work is a Doctrinal Research. As a result, this dissertation relies solely on
32 primary and secondary sources of information. The primary sources of data would include books,
journals, newspaper art such as library and internet database resources, magazines, newspapers,
journals, and other learning materials. This dissertation combines the following three legal research
approaches, if appropriate:

1. Descriptive methodology;

2. Analytical methodology;

3. Comparative methodology

CHAPTERIZATION WITH BRIEF DETAIL

CHAPTER 1: INTRODUCTION

This chapter covers the definition of delinquency, the meaning of delinquency, the problem of juvenile
delinquency, different principles of juvenile delinquency, the cause of juvenile delinquency, factors
19 contributing to delinquency, the nature and extent of juvenile delinquency in India. Apart from these,
this chapter also includes the following topics:
- Introduction
- Literature Review
- Statement of Problem
- Objectives of the Study
- Research Questions
- Hypothesis
- Methodology

CHAPTER 2: HISTORICAL DEVELOPMENT OF JUVENILE JUSTICE

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33 SYSTEM IN INDIA
This chapter includes the historical development of India's juvenile justice system in order to better
19 comprehend the current situation. It also summarizes the conceptual development of the juvenile
justice system in India and at the international level, the role of the judiciary in this development, the
impact of international conventions and treaties on the development.
CHAPTER 3: LEGISLATIVE PROVISIONS REGARDING JUVENILE
DELINQUENCY
This chapter contains a review of the many statutes and legal provisions in India that deal with
juvenile delinquency. The Criminal Procedure Code of 1973 establishes a special procedure for the
48 trial of juvenile offenders. The Juvenile Justice (Care and Protection of Children) Act of 2000's
historical context, purpose, and a detailed analysis of the law's various clauses and implementation,
38 The history of the 2015 Juvenile Justice (Care and Protection of Children) Act. And also, the
amendments to the 2015 Act made in 2021.This chapter also includes analysis of trial, investigation
and correctional process. These provisions examine the functions, procedures, trials, responsibilities,
and powers, among other things.
CHAPTER 4: INTERNATIONAL PERSPECTIVE OF JUVENILE
DELINQUENCY
25 This chapter focuses on the international perspective of juvenile justice, as each country has a unique
viewpoint on age, process, and proceedings. To determine a minor's criminal responsibility for the
objective of administering juvenile justice, each nation has its own age standards. The juvenile justice
systems of several countries have been described and analyzed. The focus is on each country's strategy
to detecting delinquency, as well as minors' age and procedure. It also contains various United Nation
conventions addressing the problems regarding juveniles.
CHAPTER 5 JUDICIAL APPROACH REGARDING THE JUVENILE
JUSTICE SYSTEM
2 The Juvenile Justice Act of 1986, the Juvenile Justice (Care and Protection of Children) Act of 2000,
and other revisions are discussed in detail. To ascertain the amount of understanding and pattern of
10 response of the Indian court regarding the legal standards and philosophy of the juvenile justice
system, the decisions of the High Courts and the Supreme Court were analyzed. Taking into account
the High Court's rulings regarding the juvenile's age determination and examination procedure, as
well as their right to be released on bail Judiciary rulings have an effect on the treatment, safety, and
18 rehabilitation of young individuals who have run afoul of the law.
CHAPTER 6 CONCLUSION & SUGGESTIONS
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It comprises the ultimate finding of the research as well as a brief review of the study's findings, a
discussion of the examined specifics, and the numerous conclusions reached as a result of the research.
It also makes recommendations for preventing juvenile delinquency by controlling the conditions that
lead to delinquency, as well as effective treatment for the problem.

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35
CHAPTER-2

HISTORICAL DEVELOPMENT OF JUVENILE JUSTICE SYSTEM

IN INDIA

2.1 INTRODUCTION

9 Initially, the notion of juvenile justice was founded on the conviction that the challenges of juvenile
misbehaviour in unusual conditions could not be resolved through the standard criminal justice
procedure.36 Both Hindu (Manusmriti) and Islamic (Sharia) law provided provisions for the children's
upbringing and sustenance. The parents were solely responsible for the care and safety of their
children under these laws. If the families failed to properly safeguard and care for their children, the
youngsters were cared for by someone from the community. Children are subjected to varying
punishments under Hindu and Islamic law for various offences. Prior to adopting the English concept,
13 Indian society regarded children as needing care and protection, and they could never be treated as
adults if they committed a crime. Specialized treatment for juvenile offenders has a long tradition in
India. This disparity in treatments can be traced directly to Hammurabi's Code in 1970 BC. The family
was given duty for the monitoring and upkeep of children under this regulation.36
8 The expansion of juvenile justice system in India began around the end of the 18th century. Juveniles
8 were viewed as adults in ancient times. In criminal courts, juveniles faced the same penalties and
8 procedures. Juveniles and adults were subjected to the same punishment in jails. Juvenile offenders
and persistent offenders were housed together in the criminal facility. That was the major flaw in
India's justice system.37
Understanding the current situation of India's juvenile justice system necessitates a historical
perspective. Juveniles were treated as adult criminals in the 18th century since there were no special
43 tribunals for them. Minors were caught, held in custody, and accused and convicted by a court with
the ability to imprison the child alongside adult criminals. Despite the fact that children received the
same punishments as adults, they also weren't afforded many of the same due process rights as adults.
Minors, for example, did not have the right to bail, grand jury indictment, or a public trial.

Prior to this, juvenile offenders were treated similarly to adult criminals. On the same principle, on
8 November 20, 1989, the United Nations General Assembly adopted the Convention on the Rights of

36
Abhilasha Belwal & Ashish Belwal, “Juvenile Delinquency in India”, BLR 309 (2016).
37
Anmol Singh Khanuja, “An Analytical study of juvenile justice system in India”, iPleaders.
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the Child.38 This convention attempts to protect the best interests of juvenile offenders.39The
18 Convention calls for the Juvenile Justice Act of 1986 to be repealed and replaced by Indian legislation.
As a result, the "Juvenile Justice (Care and Protection of Children) Act, 2000" was enacted by Indian
2 legislators. This had been amended in 2002 and 2006 with the goal of protecting, caring for,
27 rehabilitating, and educating juveniles, as well as providing possibilities for vocational training. The
Juvenile Justice (Care and Protection of Children) Act 2015 was established and enacted by
Parliament in 2015 to supersede the Juvenile Delinquency Legislation and the Juvenile Justice (Care
and Protection of Children) Act of 2000, which was further revised in 2021. The legislation aims to
strengthen child protection, both for those who seek legal certainty and for those who grapple with
the law.

6 2.2 EVOLUTION OF JUVENILE JUSTICE SYSTEM IN INDIA

The treatment of juveniles, legislative advancements, judicial intervention, and other government
initiatives can be grouped into six phases in India's history of juvenile justice development. The
following are the six phases:

10 a) Before 1773;
b) 1773 - 1849;
c) 1850 – 1919;
d) 1919 - 1950;
e) 1950 – 2000;
f) 2001-2015

In the last quarter of the 19th century, the English idea of providing special attention for juveniles
5 was introduced to India. The Apprentices Act40 is the first English law to deal with children in need
of training for trade and industry.

12 2.2.1 Before 1773

Both Hindu and Muslim religious laws included provisions for the upbringing of children. The main
goal was to help children grow up in their families. There were no laws in place to deal with delinquent

38
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child.
39
Article 3 Convention on the Rights of the Child.
40
The Apprentices Act, 1961.
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behaviour in general. If somehow the families were incapable or unwilling to care for their children,
someone else from the community stepped in. Anybody who discovers an abandoned child and
believes the child is in danger has an obligation to care for the child, as per Islamic law.41 The
Manusmriti and The Hedaya, two ancient historical Holy Scriptures, detail some of the penalties meted
out to children for various offences, including:

24  In Hindu law, juveniles were just placed into unclean places adjacent to public highways as a
precautionary measure and were not subject to penalty, although adults were required to pay
a fine for the same circumstance.42
 Under Muslim law, a young boy engaging in sexual activity with a grown adult lady was not
punished.43
8  Under Hindu law, the king had the authority to enact punishment and to decide the crime's
purpose, type, time, and location. The Kazee had discretion in determining the amount of
8 Tazeer or penalty in Muslim law. All of these rules in Hindu and Muslim law demonstrate
that children are distinct from adults, requiring specific attention, and are accountable for the
actions.
10 2.2.2 1773-1849
At this time, India was primarily administered by the East India Business, which originated as a
trading company in 1608. The Crown, through the Governor General, acquired control of the
corporation after it failed. Reform momentum began to take up about this period, and the results could
2 be seen. The rural economy was decimated by colonial oppression, driving the impoverished to live
in slums or on the outskirts of towns. As a result, child poverty and delinquency have increased.44
As the problem of neglected children and juvenile delinquency rose in India, so did the necessity for
legislation to address it. India, a British territory, was then inspired by England, which has its own
12 juvenile law. In the last quarter of the nineteenth century, the colonial idea of providing special
2 treatment for juvenile offenders was passed on to India.45 The East India Company was given the
power to establish and enforce the laws by the Regulating Act of 1773, and the company's commercial
stance was transferred to that of a governing organization by the Charter Act of 1833, making 1773 a
watershed moment in Indian legal history. Many committees focusing on children in prisons were
formed between 1773 and 1850.

41
Ved Kumari (2004), p. 57.
10 42
Manusmriti, Shloka 283, at 390.
43
The Hedaya, at 187.
44
Chatterjee, G. “The Reformation of Neglected and Delinquent Children in British Raj: An Historical Overview”,
in Material for National Workshop on Neglected Children; by Prayas, Shramik Vidyapeeth and Delhi School of
Social Work, New Delhi, 2 (1992).
45
Nawaz. Haque “Juvenile Justice System & its Delinquency in India”, LSI (2012).
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15 With the help of Britishers, the first 'ragged school' was built in 1843 for orphans and drifting children.
The David Sasoon Industrial Institution is named for Dr. Buist, who founded the run-down school in
Bombay. The school's main goals were to:

a) Rehabilitate juvenile criminals;

b) Inspire juveniles to learn and train.

2 The goal was to encourage minor delinquents who had been arrested to serve via apprenticeship and
Industrial Training, laying the groundwork for the passage of the Apprentices Act 1850. The strategy
was primarily welfare-oriented and needs-driven.
APPRENTICES ACT, 1850: - This Act, in reality, dealt not only with child delinquency, but also with
laws governing the connection between employers and juvenile criminals studying a skill as an
apprentice. There were a few sections that acknowledged some forthcoming Juvenile Courts and
8 institutions' concepts and practises. This Act allows a father or guardian to bond a kid between the
ages of ten and eighteen until they reach the age of twenty-one. The Magistrates have the power to
appoint a guardian for a delinquent child or any youngster convicted of disorderly behaviour or minor
6 offences, as well as bind them as an apprentice to learn a trade, craft, or occupation.

2.2.3 1850 – 1919

In 1850, the Apprentices Act was enacted to keep children out of jails, and in 1919- 1920, the All-
India Jail Committee Report excluded minors from the existing criminal justice system. During this
time, particular legislation relating to children was passed, which first was indeed the Apprentices
Act of 1850, which gave juveniles a unique position. Children in between ages of 10 and 18 who were
delinquent and committed minor offences were forced to work as apprentices. The purpose of the law
was to refocus children's energy, free their minds from criminal temptation, and push them to work
sufficiently that they could support themselves when they reached majority. Following that, the age
53 restrictions for criminal culpability of juveniles were set by Sections 82 and 83 of the Indian Penal
13 Code, 1860. These clauses protected children from criminal prosecution until they had developed
cognitive capacities to analyse the nature of their conduct. The criminal procedure code of 1861 and
2 1898, in three main sections – S. 298, 399, and 562 – required that persons under the age of 15 be
2 tried separately and imprisoned in correctional institutions rather than adult jails. The approach to the
treatment of juveniles shifted from punishment to reformation as a result of this. The Whipping Act
was passed in 1864. It was thought that this statute would prove to be of great assistance in reducing
the number of juveniles in the jail. "The applicability of the whipping punishment to the classes of
offences commonly committed by juvenile offenders, and the distinctively deterrent effects it will
almost certainly have on them, encourages us to assume that the class of young offenders will not be

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large enough to necessitate the formation of Reformatories in the future."46

Following the passage of the Whipping Act in 1864, the Governor General formed the Indian Jail
Committee in line with the Minute. Several steps involving juvenile delinquents and correctional
6 institutions were taken right away. Several officials of the Indian Jail Committee were concerned that
maybe if education was supplied through correctional institutions in India, irresponsible parents
would urge their children to commit offences in order for their children to acquire government
education.47
55 2.2.2.1 REFORMATORY SCHOOL ACT

 First Reformatory Schools Act (1876)

The 1876 Reformatory Schools Act was the first step towards establishing a system of reformatory
42 schools. The Reformatory Schools Act of 1876, which mandated that boys below the age of fifteen
years who were imprisoned or transported be transferred to reformatories, exacerbated this
discrepancy in juvenile care. The sentence was set at three years minimum and maximum seven years.
 Second Reformatory Schools Act (1897)
The Reformatory Schools Act of 1876 was repealed by the Reformatory Schools Act of 1897, which
gave local governments more ability to accomplish reform. This act is a watershed moment in Indian
juvenile law since it marks the beginning of infusing rehabilitative practises into the penal concept for
56 juvenile offenders. It was indicated for the treatment and rehabilitation of young offenders between
2 the ages of seven and fifteen, but no equivalent facilities for girls were established.
Following the passage of the Criminal Tribes (Amendment) Act 1897, children of criminal tribes
received special treatment. It called for the establishment of agriculture and reform school schools for
delinquent tribe members' children aged four to eighteen years. The Code of Criminal Procedure of
1898 mandated that minors be imprisoned in reformatory schools until they reached the age of
eighteen, after which they would be placed on probation until they reached the age of twenty-one.48
2.2.3 1919-1950

In 1919-1920, the Indian Jail Committee was created to persuade the colonial government for
dedicated facilities and trials for juveniles.51 It went on to say that in most situations, adolescents
25 should be forced to take bond and that the law's goal should be to reform and rehabilitate them. The
League of Nations Declaration also prompted the enactment of the Children Acts in Madras (1920),
Bengal (1922), and Bombay (1924), as well as the Delhi Children Act 1941, Mysore Children Act

46
Indian Jail Committee Report, 1864, at 19.
47
The Indian Jail Committee Report, 1864.
46 48
Chakraborty, Tapan, “Delinquency and Juvenile Justice System in India” in John A. Winterdyk (ed.), The Juvenile
Justice Systems: International Perspectives, (Toronto: Canadian Scholars' Press 2nd edn. 2002).
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1943, Travancore Children Act 1945, Cochin Children Act 1946, and East Punjab Children Act
2 1946.49

Although the Bengal Children's Act was passed later, a juvenile court was established in 1914.
India's first delinquency legislation was the Madras Children's Act. “It defined a ‘child’ as
someone below the age of fourteen years, a ‘young’ person as someone between the ages of
fourteen and eighteen years, and a ‘youthful offender’ as someone under the age of eighteen who
has been found guilty of an offence listed in the Indian Penal Code or other special or domestic
laws for which an accused person can be imprisoned.”53 The Vagrancy Act of 1943 was passed,
providing for the care and education of children under the age of fourteen who were living on the
33 streets or without formal guardianship, or who had families who were engaged in criminal
activities and alcoholism, frequent visiting to prostitutes, or who were impoverished.50

2.2.4 1950-2000

Many states had adopted separate systems and regulations for minors by 1960, which varied in
nomenclature, procedural requirements, and even implementation.
13 THE CHILDREN ACT 1960: The Children Act of 1960, that was also applied to Union Territories
and also was handled directly by the Union government, was adopted by the Union government in
1960. The Children Act of 1960 was meant to establish a standard for other state legislations, and it
also served as the foundation for the Juvenile Justice Act of 1986, which was passed at the federal
2 level. The Supreme Court's decision in Sheela Barse's case was essential in initiating the passage of the
uniform juvenile justice law, as it noted that minors in detention are subject to special assistance and
suggested that Parliament establish a consistent law that would apply across the country.51
40 In the case of Sheela Barse v. Union of India52, the Supreme Court stated, "Instead of every State
having its separate Children's Act, it would be appropriate if the Central Govt. initiated Legislative
Provisions on the matter, so that there is thorough consistency in regard to various legislation relating

49
Ved Kumari, 2004.
50
The Bengal Vagrancy Act, 1943.
51
Sheela Barse & Anr. vs. Union of India & Ors. 1986 AIR 1986 SC 1773.
52
1986 AIR 1986 SC 1773
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to children all across the country.53

THE JUVENILE JUSTICE ACT, 1986: The Juvenile Justice Act of 1986, that superseded the
preceding Children Act of 1960, was adopted to provide legitimacy to the UN's Standard
Implementing Regulations on Juvenile Justice, which were approved in November 1985. Except for
Jammu & Kashmir, the Act comprised 63 sections under seven chapters and extended to the entire
country of India. The main purpose of the Act was to offer support and treatment for abandoned
juvenile delinquents, as well as therapy, growth, and rehabilitation. The act's main objectives were as
follows
o The law basically set up a national framework for juvenile justice, guaranteeing
that minors' rights and interests are protected.
o It examines the infrastructure and equipment in place to care for, safeguard,
rehabilitate, nurture, and educate young offenders.
o It laid the groundwork for a fair and efficient criminal justice system in the case
of major offences committed by minors.

For the first time, the Juvenile Justice Act of 1986 mandated the protection, safety, rehabilitation,
education, and integration of neglectful and delinquent children across the country, as well as the
assessment and disposition of juvenile delinquency problems. By introducing specialized court system
and juvenile welfare boards, the Act established separate procedures for young offenders and
neglected youngsters. Juvenile courts dealt with offenses perpetrated by girls below the age of eighteen
and boys guilty of violating crimes under the age of sixteen.
Juvenile delinquents are classified as anyone under the age of 18 who conduct activities that would be
considered crimes if performed by adults, according to a 1986 statute.54These minors are dealt with
in special courts that follow the same procedures as adult offenders, with the exception that the
hearings are held in private, are kept confidential, and are as non-judicial as possible. Convicted
criminals may be punished or brought under supervision for up to three years, but they cannot be
executed, imprisoned, or detained. One of the main goals of the 1986 Act was to put domestic
legislation in line with the 1985 UN Standard.55 However, this goal was not entirely realized,
necessitating the enactment and approval of a new legislation in the year 2000.
Before India ratified the UNCRC (United Nations Convention on the Rights of the Child) in 1989,

53
Sheela Barse & Anr. vs. Union of India & Ors. 1986 AIR 1986 SC 1773.
54
The Juvenile Justice Act of 1986.
55
The UN Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules"): UN General
Assembly (40th sess. : 1985-1986).
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this law was passed. In 2000, the previous law was repealed, and a new legislation, The Juvenile
Justice (Care and Protection of Children) Act of 2000, was implemented, which was later updated to
elevate the child's age to 18 years in order to conform to internationally recognized laws.

2.2.5 2000-2015

JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000: The

Juvenile Justice Act, 1986 mandated the rationalization of the pre-existing system, which was based
on the application of the then-available Children's Acts. However, because there was no national
agreement on a time schedule for such a restructuring, most state governments' actions fell far short
of the declared objectives. The insufficiency of juvenile justice officials, including both quantity and
quality, remains the weakest link in the operational plan. The Juvenile Justice (Care and Protection
of Children) Act, 2000 was re-enacted by the Indian government in order to rationalize and
standardize attitudes toward juvenile justice system in compliance with pertinent articles of the Indian
Constitution and international commitments. The Juvenile Justice (Care and Protection of Children)
Act of 2000 was signed into law in December 2000 and took effect on April 1, 2001. This was updated
in 2002 and 2006 with the goal of protecting, caring for, rehabilitating, and educating juveniles, as
well as providing them with chances for vocational training.
NATIONAL CHARTER FOR CHILDREN 2003: In 2003, the Indian government adopted a
National Charter for Children to reaffirm its commitment to the cause of children. The charter's
principal goal is to safeguard every child's right to be a child and to have a peaceful and positive
childhood, as well as to analyze the causes of children's poor growth and development. The charter
protects a child's survival, life, and liberty. It supports good health standards, ensures basic necessities
and stability, care for children for growth and survival, and ensures free education. It also offers
protection from financial manipulation, with a special focus on the girl child. The charter provides
special protections for disabled children, marginalized children, and children from underprivileged
groups.56
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015: The
frightening incidence of the "Delhi Gang Rape Case," and also the mounting number of occurrences
of juvenile crimes in recent years,57 has forced legislators to approve measures. The act's fundamental
problem is that it contains inadequate legal provisions, and the failure of India's juvenile system was
also a big factor in preventing juvenile offences. It treats all children under the age of 18 equally, with
the exception that those aged 16 to 18 can be prosecuted as adults if they committed a severe crime.

56
Extract from the gazette of India, Part I, Sec. 1, dated 11th May 2013.
57
Mukesh & Anr vs State For Nct Of Delhi & Ors (2017) 6 SCC 1.
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If a juvenile who is between the age of sixteen and eighteen years commits a significant offence, he
might well be tried as an adult as if arrested after the age of twenty-one. A severe crime has a minimum
sentence of seven years in jail. A significant offence has a sentence of three to seven years in jail,
whereas a minor offence carries a sentence of three years. No child can be sentenced to death or to
life in prison. It requires each district to establish Juvenile Justice Boards (JJBs) with a metropolitan
magistrate and two social workers, one of whom must be a woman. Within a certain time frame, the
JJBs will undertake a preliminary investigation into a crime committed by a kid and determine
whether he will be sent to a rehabilitation center or tried as an adult in a children's court.

2.3 CURRENT SCENARIO OF JUVENILE JUSTICE SYSTEM IN INDIA

The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, which amended the
Juvenile Justice Act, 2015, was approved by the Rajya Sabha on July 28, 2021. It was passed by the
Lok Sabha on March 24, 2021. Finally, it came into force from 1 September 2022. The latest
amendment intends to improve the safeguarding of children, particularly those who need legal
certainty and those who have legal difficulties. According to the Act, the adoption of a child comes
last after the common court issues an adoption demand. The measure says that such adoption orders
will be granted by the district judge, who may include an extra local official, rather than the court.
This bill has focused on issues such as child adoption and minors committing horrific offenses. The
2015 Act contains measures for children in conflict with the law and require protection. The most
recent amendment bill attempts to strengthen the children's protection system. This Act was enacted
in order to resolve issues with the previous Juvenile Justice Act's translation.58

2.3.1 BACKGROUND OF THE AMENDMENT

The Mukesh v. State (NCT of Delhi)59 gang-rape case in Delhi resulted in various improvements in
the justice system of India. A juvenile was also involved in the horrific case of Nirbhaya, He had the
same atrocity to commit the crime but then also he was released because of juvenile procedure. The
Rajya Sabha approved the Juvenile Justice Bill 2014, which strikes a right balance between equality
before the law and equal protection of the laws, in response to widespread public outrage over his
releasing and questioning by law enforcement.

58
Pranjal Singh & Vaibhav Sangam Mishra, “The Juvenile Justice Amendment Bill, 2021: to reinforce the provisions for
the protection and adoption of children” iPleaders (2021).
59
(2017) 6 SCC 1.
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Adoption is a legal procedure that establishes a long-term legal bond between a child and his or her
adopted parents. As a result, it's debatable whether the district magistrate, rather than a civil court,
should have the authority to issue adoption orders.

There were 629 adoption cases pending in various courts as of July 2018. The Bill gives the district
magistrate the power to grant adoption orders in order to speed up the adoption process. The level of
pending cases should be considered while deciding whether the district magistrate should take up the
case.

The Human Resource Development standing committee stated that several states lacked the necessary
legislative bodies to carry out the Act's provisions. As of 2019, only 17 of the 35 states/union
territories had the majority of the key institutions and entities mandated by the Act in all districts.
The Madhya Pradesh High Court highlighted in 2017 that the Central Adoption Resource Authority
did not provide timely referrals to children who had been deemed legally free for adoption (CARA).
It was suggested that CARA's Steering Committee monitor and investigate CARA's actions.60
Even after the 2015 changes, the National Commission for the Protection of Child Rights (NCPCR)
assessed Child Care Institutions (CCIs) in 2020, finding that 39% of CCIs were not registered.61
It was also discovered that in some areas, less than 20% of CCIs, particularly for girls, had been
established, and that 26% of child welfare officials had not been hired.
Furthermore, three-fifths of dwellings lack bathrooms, one-tenth lack drinking water, and 15% lack
facilities for separate beds or nutrition programmes.
The rehabilitation of children is not a priority for childcare facilities, and children are purportedly kept
in such facilities to obtain government funds.

2.3.2 HIGHLIGHTS OF THE AMENDMENT

The Juvenile Justice (Care and Protection of Children) Act of 2015 specifies that an adoption
order issued by a civil court is final. The Act specifies that such adoption orders will be issued
by the district magistrate rather than the court.

Juvenile offences are classified as heinous, serious, or minor under the 2015 Act. Serious
offences include those punishable by three to seven years in jail. Serious offences are those for

60
Smt. Vineeta Kushwaha (2018), Civil Revision No.258/2017; Civil Revision No.260/2017,
https://districts.ecourts.gov.in/sites/default/files/CR_258_2017_FinalOrder_12-Feb- 2018.pdf.
61
Unstarred Question No. 1225, Ministry of Women and Child Development, June 28, 2019,
http://164.100.24.220/loksabhaquestions/annex/171/AU1225.pdf.
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which the maximum penalty is more than seven years in prison and the minimum penalty is either
not specified or less than seven years.

2.3.3 SIGNIFICANT FEATURES OF THE AMENDMENT

 Adoption: Once possible adoptive parents accept a child, the Act compels an
adoption agency to file a civil court application to obtain an adoption order. The
child is the adoptive parents' property, according to the court's adoption order.
According to the Bill, the district magistrate (including additional district
magistrates) will perform these tasks and issue all such orders instead of the court.62
 Appeals: Anyone who is aggrieved by a district magistrate's adoption order gets
thirty days to file an appeal with the Divisional Commissioner under the Bill.
Within four weeks of the appeal being submitted, the appeal should be resolved.
Any decision made by a Child Welfare Committee determining that a juvenile is
not a child in need of care and protection will not be appealed, according to the
Act. This provision has been removed from the bill.63
 Among the most significant changes was the inclusion of a categorization for
serious offences or wrongdoings, which is now divided into two categories:
heinous offences and serious offences.
 Heinous Offenses: According to Section 2(33) of the Juvenile Justice Act, 2015,64
heinous offences are those that warrant at least a seven-year sentence. Murder,
assault, sexual molestation, and other heinous crimes, for example, are all examples
of heinous crimes.
 Serious Offenses: Serious offences are those for which Section 2(54) of the
Juvenile Justice Act imposes a minimum penalty of three years and a maximum
term of seven years.65 This removes the doubt and provides the Juvenile with the
highest level of assurance in order to keep them out of the adult court system.
Currently, the Juvenile Justice Board will determine whether the juvenile should

62
Amendment of section 61 of the Juvenile Justice Act, 2015.
63
Amendment of section 101 of the Juvenile Justice Act, 2015.
64
“Heinous offences include the offences for which the minimum punishment under the Indian Penal Code or any
other law for the time being in force is imprisonment for seven years or more.”
65
“Serious offences include the offences for which the punishment under the Indian Penal Code or any other law for the
time being in force, is imprisonment between three to seven years.”
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be tried as a juvenile or as an adult based on the offences submitted by the juvenile.

The Juvenile Justice Board is required by law to investigate a minor suspected of
committing a serious offence. Serious offences receive sentences ranging from
three to seven years in prison. Serious offences are those with a maximum sentence
of more than seven years in prison and a minimum penalty of less than seven years.
• Designated Court: Crimes against children that entail a term of more than seven
years in jail shall be tried in the Children's Court, according to the Act. A Judicial
Authority will hear other offences (with a potential punishment of less than seven
years in prison). According to the Bill, the Children's Court will handle all crimes
under the Act.66
• Crimes against Children: The Act states that an offence punishable by 3 to 7 years
in jail will be cognizable (meaning that arrest will be permitted without a warrant)
and non-bailable. These offences will be non-cognizable and non- bailable,
according to the bill.
• Child Welfare Committees (CWCs): Each district is required to create one or
more CWCs to deal with children in need of care and protection under the Act. It
specifies a list of conditions for selecting CWC members. For example, a member
should be:
(i) A professional practitioner with a degree in child psychology, psychiatry,
law, or social work, or
(ii) Interested in the healthcare, education, or welfare of children for minimum
seven years.
According to the Bill, a person cannot join the CWC unless they meet certain
qualifications. These include
(i) any history of human or child rights infringement,
(ii) involvement in the management of a district's child care facility.67
• Termination of Members: If a person fails to attend the Child Welfare
Committees for three months without good reason, or if they attend fewer than
three-quarters of the sessions in a year, their appointment to the board of trustees
will be removed by the state authority after a request. The measure also puts actual
management on the shoulders of CCIs, as polls show that treating children isn't a
top priority for them, and that children are held there merely to collect belongings,

66
Substitution of section 86 of the Juvenile Justice Act, 2015.
67
Amendment of section 27 of the Juvenile Justice Act, 2015.
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leading to further defilement.

2.3.4 FUTURE IMPACT OF THE AMENDMENT

According to the new Act, the key changes to the Juvenile Provisions increase the safety and care of
children, including those who require comfort under the legislation and those who struggle with the
legislation. It also simplifies the juvenile adoption system for the gatherings. It appears that the
encouraging bill promotes children's well-being in a clear manner. The opposition parties in
parliament are also calling for the new amendment, demonstrating the importance of the much-
needed advancement in the laws. It also hires a District Magistrate with good capacity to examine the
Juvenile Justice system in order to remove any ambiguity in the system and to increase interest in
government aid for juveniles. The new bill put additional responsibilities on bureaucrats, according to
the government authority. The failure of Child Care Protection Organizations to carry out Juvenile
Laws results in an increase in teenage crime rates, a lengthy adoption procedure, and other factors
that contribute to the framework's ambiguity. The new bill established segregated offences in order
to adequately safeguard youngsters from adult justice. It also grants the District Magistrates extra
powers, despite the fact that they are already overburdened. The DMs must conduct background
checks and work for the Juvenile Justice Board, Child Care Institutions (CCIs), and District Juvenile
Care Boards.

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CHAPTER- 3

STATUTORY PROVISIONS REGARDING JUVENILE

DELINQUENCY

3.1. INTRODUCTION
Children are regarded as one of God's most precious blessings, as well as one of the most valuable
personal and national assets. As a result, as individuals, parents, guardians, society, and the nation as
a whole, we have a responsibility to our children to provide them with the opportunity to grow up in
decent socio-cultural surroundings so that they should become productive people who are physically,
mentally and morally healthy. It is also the responsibility of the state to guarantee that all children have
equal opportunity for development throughout their lives, thereby reducing inequality and ensuring
social justice.

Following independence, a number of legislations dealing to care and protection of children and
protection were introduced in Parliament; these measures were debated by Parliament, and then some
of them were passed. The first statute relating to juvenile justice post-independence was the Children
Act 1960. Then, in 1986, the Juvenile Justice Act was passed, which included numerous provisions
concerning juvenile justice. The Juvenile Justice (Care and Protection of Children) Act of 2000 was
passed in the year 2000, and it was a comprehensive piece of juvenile justice law The Juvenile Justice
(Care and Protection of Children) Act of 2015 is the most recent statute with Amendments made in
2021. In addition to these Acts, the Indian Constitution has provisions relating to juvenile justice. The
Indian Penal Code and the Criminal Procedure Code both have provisions dealing to juvenile justice.

Only minors are dealt with by the Juvenile Justice System when it comes to trial, interrogation,
punishment, and the correctional procedure. The primary principle behind the Juvenile Justice System
is that children must be handled differently than adults. The current Act of 2015 68 establishes a
particular procedure for the trial of juveniles. The Indian government has enacted legislation to
regulate the juvenile justice system. The Board's jurisdiction, punishments, juvenile age, and
procedure were all defined under the “Indian Penal Code 1860, the Code of Criminal Procedure 1973,
and the Juvenile Justice (Care and Protection of Children) Act 2015.”

68
The Juvenile Justice (Care and Protection of Children) Act 2015.
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3.1.1 CONSTITUTIONAL PROVISIONS UNDER INDIAN CONSTITUTION

Children, as per the constitution, are humanity's greatest gift. It envisions children having a joyful and
healthy childhood free of abuse and exploitation. Part III of the Fundamental Rights and Part IV of
the Directive Principles of State Policy, respectively, of the Indian Constitution have some unique
provisions regarding the protection of children.

Article 14: “Equality before law The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth.”69

Article 15: “The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.”70

“No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be
subject to any disability, liability, restriction or condition with regard to

(a) access to shops, public restaurants, hotels and palaces of public

entertainment;

(b) the use of wells, tanks, bathing ghats, roads and places of public resort

maintained wholly or partly out of State funds or dedicated to the use of the
general public.”71

“Nothing in this article shall prevent the State from making any special provision
for women and children”.72

“Nothing in this article or paragraph (2) of article 29 prevents the State from
establishing specific provisions for the improvement of socially and educationally
backward individuals, as well as the Scheduled Castes and Tribes.”73

The right to education is covered by Article 21A. It states that “The State shall provide free and
compulsory education to all children of the age of six to fourteen years in such manner as the
State may, by law, determine”.74

69
Article 14 of The Constitution of India.
70
Article 15 (1) of The Constitution of India.
71
Article 15 (2) of the Constitution of India.
72
Article 15 (3) of the Constitution of India.
73
Article 15 (4) of the Constitution of India.
74
Inserted by the Constitution (eighty-six amendment) Act 2002.
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Article 24 safeguards children from exploitation. “No child below the age of fourteen years shall
be employed to work in any factory or mine or engaged in any other hazardous employment
Provided that nothing in this sub clause shall authorize the detention of any person beyond the
maximum period prescribed by any law made by Parliament.”75
The State shall, in particular, direct its policies toward ensuring that ownership and control of the
community's material resources are distributed in a manner that best serves the common interest and
that all citizens, men and women equally, have the right to an effective means of sustenance.
Additionally, it makes sure that the functioning of the economic system does not lead to the
accumulation of riches in a few people's hands at the expense of the general populace.

“Article 39(f) of the constitution states that children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material abandonment.”76
“Article 51-A (k) states the fundamental duty of parents to their children is ensured in this article. It
states that who is a parent or guardian to provide opportunities for education to his child or, as the
case may be, ward between the age of six and fourteen years.”

3.3. LEGISLATIVE PROVISIONS UNDER THE CODE OF CRIMINAL

PROCEDURE

The Criminal Procedure Code establishes a particular procedure for juvenile trials. Only chief judicial
magistrates have the authority to hold a juvenile offender's trial under Section 27. The Juvenile Courts
in India are governed by Section 27 of the Code of Criminal procedure. According to the former
Children Act of 1960, this section establishes the jurisdiction.77 If a juvenile offender commits an
offence while under the age of sixteen years, he or she could be tried by the Chief Judicial Magistrate
or any court set in place under the Children Act, 1960 for any offence not prosecutable by life sentence
committed by any person who is under the age of sixteen years at the time he or she appears or is
brought before the Court.78 Furthermore, the Code of Criminal Procedure permits for an order of
release on good behaviour probation or after admonition.79 If the court decides that it would be
preferable for the offender to be released on probation for good behaviour after taking into account the
offender's age, character, and history as well as the circumstances surrounding the offense, the court
may order that he be released on the condition that he enter into a bond, with or without sureties, to

75
Article 24 of the Constitution of India.
76
Article 39 (f)of the Constitution of India.
77
S. N. Mishra, “The Code of Criminal Procedure 1973, Probation of Offenders Act and Juvenile Justice (Care and
Protection of Children) Act”, 515 (2012).
78
Session Judge, Tirunelveli, (1974) Cr. L.J. 261.
79
Section 360 of The Code of Criminal Procedure, 1973.
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appear and receive punishment when required.80

Somabhai vs. State of Gujarat81 There were no mitigating factors in this instance, in which the
accused's hasty and careless driving resulted in the death of a 10-year-old child. According to the
Supreme Court, the accused was not given the benefit of probation because there were no mitigating
factors. The court did not apply Section 360 of the criminal procedure code because the defendant had
no prior criminal record and was under the age of twenty-one years. Instead, the court ruled that the
probation case was appropriate.

3.4. LEGISLATIVE PROVISONS UNDER INDIAN PENAL CODE

Children are likewise protected under the Indian Penal Code, which exempts children under the
age of seven from criminal culpability under the notion of Mens Rea.82

The Indian Penal Code (IPC) contains various sections relating to children. There are various
exceptions for children, such as the fact that they cannot be sentenced if they are under the age
set in the IPC. Child offenders are immune from criminal culpability under sections 82 and 83 of
the IPC. The idea of juvenile justice can be applied to this immunity.83

“Section 82: Act of a child under seven years of age.— Nothing is an offence which
is done by a child under seven years of age.”

“Section 83: Act of a child above seven and under twelve of immature
understanding. Nothing is an offence which is done by a child above seven years
of age and under twelve, who has not attained sufficient maturity of understanding
to judge of the nature and consequences of his conduct on that occasion.”

3.4.1 ACT OF A CHILD UNDER THE AGE OF SEVEN

The child under the age of seven is presumed to be doli incapax, according to Section 82.84 It
stipulates that a youngster is incapable of distinguishing among right and wrong.85 To put it another
way, he is incapable of comprehending the crime's character, conditions, or consequences. This is an
unmistakable and clear assumption. If a child is under the age of seven years and has committed any
offence with criminal intent, he is not held liable under this clause.

3.4.2 ACT OF A CHILD OVER THE AGE OF SEVEN YEARS BUT UNDER THE AGE OF
TWELVE YEARS

80
Section 360 (1) The Code of Criminal Procedure, 1973.
81
Somabhai vs. State of Gujarat, 1989, Cr. L.J. 1945 (Guj).
82
Section 82 of Indian Penal Code 1860.
83
Gopinath Ghosh vs. State of West Bengal (1984) SC 237.
84
“Doli incapax is a legal term which means child is capable of committing a crime and cannot be guilty of any offence”.
85
PSA Pillai, Criminal Law, 93 (LexisNexis, 2016).
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Section 83 of the IPC defines a child as doli capax if they are over seven but under twelve. The
"mischievous discretion" of the kids can refute this notion. The prosecution must demonstrate beyond
a reasonable doubt that the child did it on purpose and with malice.
In Kalka Prasad v State of Uttar Pradesh86, the court stated that once a person reaches the age of 12,
he or she is no longer immune from criminal accountability, even if the perpetrator has a limited
knowledge and is unable to comprehend the nature and implications of the crime. In addition, in the
case of Hiralal Mallick v State of Bihar,87 According to the ruling of the court, a child's age ceases
to be significant after they become twelve. If he is found guilty, the terms that will be imposed on
him will be heavily influenced by the question of his youth and maturity.
According to the Indian Penal Code, if a child commits a crime and is treated as an adult, he bears full
responsibility and liability. The Juvenile Justice (Care and Protection of Children) Act of 2015 states
that a juvenile is exempt from responsibility until the age of 18, or 16 in the case of serious crimes.
In Indian history, a sizable number of laws have been passed for the best interests of the care and
protection of the child. Additionally, the young people are taken to rehabilitation facilities rather than
doing time in jail or prison.88

3.5.THE JUVENILE JUSTICE ACT, 1986

The Juvenile Justice Act of 1986, that replaced the Children Act of 1960, was passed to implement
the requirements outlined in the UN Standard Minimum Rules for the Administration of Juvenile
Justice, which were ratified in November 1985. Except for Jammu and Kashmir, this Act had 63
sections divided into seven chapters and applicable to all of India. The fundamental purpose of the Act
was to provide neglected juvenile delinquents with care and protection, as well as rehabilitation,
growth, and education. The following were the primary objectives of the Act:
1. It provided a uniform framework for juvenile justice system in the country, safeguarding
minors' rights and interests.
2. The machinery and support infrastructure to care for, protect, educate, train, and rehabilitate

86
(1959) All 698.
87
(1977) SC 2236.
88
K. D. Gaur, “Commentary on The Indian Penal Code”, 239 (Justice P.V.Reddi 2nd edn. 2019)
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young offenders are discussed.

3. It laid the groundwork for the appropriate and impartial application of the law in cases where
children commit significant crimes.
3.6. JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000

The old law, which was repealed by this legislation, was improved by the Juvenile Justice (Care and
Protection of Children) legislation of 2000. By making sure that they receive appropriate care,
protection, and treatment and that their developmental requirements are met, the bill aims to modify
the laws relating to children who need care and protection as well as juveniles who are in difficulty
with the law. By using a child-friendly approach to case adjudication and resolution in the best interest
of children and for their eventual restoration through the several colleges set up under this law, this is
accomplished. The juveniles are separated into two groups: those who are in conflict with the law and
those who need care and protection by providing appropriate care, protection, and treatment as well
as attending to their developmental needs. Through the various agencies set up by this law, this is
achieved by employing a child-friendly approach to adjudication and disposition of circumstances
impacting children's best interests and eventual rehabilitation. The juveniles are split into two groups:
those who are breaking the law and those who need to be looked after and protected.

3.7 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

The Indian Juvenile Justice (Care and Protection of Children) Act of 2000 was abolished, allowing
children between the ages of sixteen and eighteen years who were involved in severe crimes to be
criminally prosecuted as adults. On January 15, 2016, this Act takes effect.
By meeting their basic needs through adequate care, protection, development, treatment, and social
re-integration, this Act aims to centralized and amend the law relating to children suspected to be in
conflict with the law and children in need of care and protection. It also implements a child-friendly
mind-set in the adjudication and disposition of matters in the greatest interest of children, and for their
rehabilitation through practical tools, institutions, and bodies.
The Rehabilitation and Reintegration Process in the Indian Juvenile Justice System is addressed under
Chapter VII of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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In compliance with the requirements of this Act, the process of child rehabilitation and social
integration must be carried out in accordance with the child's unique treatment plan, ideally through
family-based treatment such as restoration to home or guardian with or without guidance,
sponsorship, adoption, or foster care. A kid in need of care and protection must be enrolled, either
temporarily or permanently, in such an institution with the proper person or facility. Until they become
18, they must reside in designated residences or secure locations.
The repair and protection of children is the primary goal of a children's home, specialized adoption
agency, or open shelter.89 They have the ability to take the required steps to restore and protect the
child.

This Act also allows for the registration of child care facilities. This Act requires NGOs and state
governments to register any institution they administer. The ability and objective of the organization
to be recognized as a Children's Home, Open Shelter, Specialized Adoption Agency, Observation
Homes, or Special Homes, or any other place of safety, must be determined and validated by the State
Government upon registration. Provisional approval may be granted for a maximum of six months
within one month of the application date, when the organization of such institution capabilities of the
Home is stated in the registration. The institution can only operate for a maximum of 6 months after
receiving temporary registration. The registration is valid for five years and must be renewed after
that time period has passed.
If the person in control of the institution fails to register, he or she will be sentenced to one year in
prison or a fine of not less than one lakh rupees.90

 Open Shelters: Under this Act, the state government or non-governmental

organizations (NGOs) may create open shelters. The Open Shelters should be
registered in accordance with this Act's procedures.91

 Foster Care: Children in need of care and protection should be put in foster
facilities for a short or long period of time, as determined by a committee
following the Act's procedures, in a household without the child's biological or
adoptive parents, or in an unrelated family acknowledged by the State Authority
as suitable for the objective. Foster parents should be picked for their ability,
determination, and capability to care for children. Education, health, and

89
S. 40, Juvenile Justice (Care and Protection of Children) Act, 2015.
90
S. 42, Juvenile Justice (Care and Protection of children) Act, 2015.
91
S. 43, Juvenile Justice (Care and Protection of children) Act, 2015.
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nutrition will be provided to the foster family.92

 Observation Homes: Children who have run afoul of the law or who are
delinquent juveniles must be placed in observation homes. The State
Government establishes and maintains these observation homes through NGOs
in each district. Observation houses are rehabilitation facilities for delinquent
juveniles that are required to be registered.
The State Government may simply have the authority to enact laws governing the construction and
improvement of observation homes. They should be placed in observation homes that are suitable for
their age, gender, and level of physical and mental development rather than being left with their
parents or guardians.93

 Special Homes: In each district, the State Government develops and maintains
Special Homes, which must be listed under this Act. It's also a form of
delinquent child treatment facility.

According to the state administration, every district has at least one registered safe location. A
person above the age of eighteen years who is involved in horrific crimes shall be detained in
this location, which will be provided with the required protections and amenities for such
individuals and children.94

 Children's Homes: These homes were established to accommodate and

safeguard children in need of care and protection, and to provide appropriate
rehabilitation, training, education, growth, and treatment. Any Children's Homes
that give specialized help to children with special needs may be approved by the
state government.
3.7.1 JUVENILE JUSTICE BOARD

A Board shall be established with the purpose of conducting investigations and hearings in cases
involving juveniles in disagreement with the law.95

The Board will be made up of the Principal Magistrate and two social workers, one of whom must be

92
S. 44, Juvenile Justice (Care and Protection of children) Act, 2015.
93
S. 47, Juvenile Justice (Care and Protection of children) Act, 2015.
94
S. 49, Juvenile Justice (Care and Protection of Children) Act, 2015.
95
Section 4 of Juvenile Justice (Care and Protection) Act, 2015.
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a woman. The Act stipulates that the Board cannot govern or operate from ordinary court facilities
under any circumstances. The ruling of the Principal Magistrate is conclusive.

Juvenile Justice Board Special Procedure: The Act outlines the procedure for dealing with juvenile
offenders. The key special procedures are as follows:

- The procedures cannot be started based on a police or citizen complaint.

- The hearing should be casual and totally secret.
- After detention, criminals should be placed in an Observation Home.
- A Lady Magistrate will preside over the trial of a minor who has broken the law.
- When the Board is not in session, a child who has broken the law may be brought before an
individual board member.

3.7.2 Powers and Functions of Board

The Juvenile Justice (Care and Protection of Children) Act of 2015 gives the juvenile justice board a
lot of power and responsibilities. All proceedings under this Act relating to minors in conflict with the
law in the jurisdiction of the Board created for any district shall be dealt with exclusively by the Board
constituted for that district. The High Court and the Children's Court may exercise the functions
granted on the Board by or under this Act when actions under section 19 or in appeal, revision, or
otherwise come before them. The Board's functions and responsibilities must include'––
“Ensuring the child's and parent's or guardians informed participation at every step of the
process. Ensure that the child's rights are respected throughout the process of apprehending,
investigating, and rehabilitating the youngster. Assuring that legal aid for children is
available through legal services institutions. If the child is unable to understand the language
used in the proceedings, the Board shall provide an interpretation or translator, with such
qualifications and experience as may be prescribed, on payment of such fees as may be
prescribed.”96

96
Section 8(3) of Juvenile Justice (Care and Protection of Children) Act, 2015.
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3.8 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)

AMENDMENT ACT, 2021

The amendment intends to improve the protection of children, particularly those who need legal
certainty and those who have legal difficulties. The adoption of a child was next on the common
court's approval of an adoption request, according to the Act. The Act specifies that, rather than the
court, such adoption orders will be issued by the district judge, who may include an additional local
officer. The focus of this Act has been on areas such as child adoption and terrible offences committed
by minors. The Act of 2015 includes provisions for children who are in conflict with the law and require
care and protection. The new amendment act aims to provide steps to strengthen the protection system
for children. This Act was enacted in order to resolve issues with the previous Juvenile Justice Act's
translation.
The Mukesh v. State (NCT of Delhi)97 gang-rape case in Delhi resulted in various improvements in
the Indian criminal justice. Despite the fact that in Nirbhaya case, a juvenile who engaged in the very
same transaction, was released owing to juvenile procedure, he was the same horror to conduct the
crime. The Rajya Sabha enacted the Juvenile Justice Bill 2014, which strikes a real balance between
equal treatment under the law and equal protection of the laws, as a result of the widespread protest
against his discharge and questioning by law enforcement.
In India, adolescent misconduct is a common occurrence. The percentages of crime are not decreasing,
which is raising a lot of anxiety. Juvenile crime rates have climbed in recent years, as per a report
published by the National Crime Reports Bureau (NCRB) in 2019. NCRB research also found that
Child Care Institutions were not operating as expected even after the 2015 Amendment to the Act was
approved. The bodies' juvenile guidelines are inadequate and absent.
The National Commission for the Protection of Child Rights (NCPCR) conducted an investigation of
Child Care Institutions (CCIs) in 2020 and finding that 90% of them are run by non-governmental
organizations (NGOs), and that CCIs were not enrolled even after the Act was changed in 2015.
According to the data, these home considerations necessitated the acquisition of assets rather than the
return of children. As a result, the measure was familiarized with the goal of enacting estimates that
would strengthen the child protection platforms.

On July 28, 2021, the Rajya Sabha passed the Juvenile Justice Amendment Bill. Ms. Smirti Zubin
Irani, Minister of Women and Child Development, backed and extended it in March, and it gained a
lot of help from the opposition parties. The bill modifies the Juvenile Justice (Care and Protection of

97
(2017) 6 SCC 1.
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Children) Act of 2015. The 2015 Act contains measures for children who have broken the law and
require care and protection. The bill attempts to provide steps to strengthen the child protection
system.

The following are the modifications made by the New Amendment Bill:
Among the most significant changes was the addition of a classification system for serious offences
or wrongdoings. Which has now been divided into two categories: heinous crimes and serious crimes.
 Heinous Offenses: According to Section 2(33) of the Indian Panel Code, heinous
offences are those that warrant at least a seven-year sentence of imprisonment.
Murder, assault, sexual molestation, and other heinous crimes fall into this category.
 Serious Offenses: Serious offences are those for which Section 2(54) of the Indian
Penal Code imposes a minimum penalty of three years and a maximum term of
seven years. This eliminates any uncertainty and gives the Juvenile the highest level
of assurance possible, keeping them out of adult court.
 Adoption: The Juvenile Justice Act of 2021 has been changed, and District
Magistrates and District Magistrates now have the authority to approve the adoption
procedure. Adoption decisions issued by the courts typically establish that the
children belong to the adoptive parents.
 Appeal: An appeal can be made to the divisional official if one of the parties is
unhappy with the adoption order. In order to resolve the issues, the divisional
official will need to enroll in a course at that section. The District Magistrate and
Additional District Magistrate must grant the request, and the appeal must be
submitted within 30 days of that. This speeds up the adoption process if these offers
are rejected within a month of being recorded.
 Designated Courts: Designated courts, sometimes known as Children's Courts, are
special courts formed to hear all of the charges presented against juveniles. Prior to
the amendment, the Act provided that offences involving a detention of 7 years or
more would be handled by the Children's Court, while crimes involving less than 7
years would be tried by the Judicial Magistrates.
 Child Welfare Committee: The bill states that no one will be excluded from CWC
unless they have actively supported the advancement of human or children's rights,
have been charged with a misdemeanor offense, have been dismissed from
or exempted from employment with the federal, state, or local governments, or are
in charge of running a child care facility in a particular area.

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 Termination of members: Following a plea, the state government will revoke a

person's nomination to the board of trustees if they miss more than three-quarters of
the sessions over the course of a year or miss the meetings of the Child Welfare
Committees for three months without good cause.

3.9. REHABILITATION AND RE-INTEGRATION

The Rehabilitation and Reintegration Process in the Indian Juvenile Justice System is addressed under
Chapter VII of the Juvenile Justice (Care and Protection of Children) Act, 2015. “The process of
rehabilitation and social integration of children under this Act shall be undertaken, based on the
individual care plan of the child, preferably through family -based care such as by restoration to family
or guardian with or without supervision or sponsorship, or adoption or foster care.”98 A child who
needs care and protection must be registered in an institution with an appropriate individual or facility,
either temporarily or permanently. They must be placed in special homes or safe havens until they turn
18 years old.
The repair and protection of children is the primary goal of a children's home, specialized adoption
agency, or open shelter.99 They have the ability to take the required steps to restore and protect the
child.100
This Act also allows for the registration of child care institutions. This Act mandates that all
institutions that NGOs and state governments manage must be registered. When an organization
registers as a children's home, open shelter, specialized adoption agency, observation home, special
home, or any other place of safety, the State Government must determine and validate the
organization's capacity and purpose. Within one month of the application date and for a maximum of
six months, provisional approval may be granted as long as the registration details the organization of
such institution capability of the Home.

If the person in charge of the institution fails to register, he or she faces a year in imprisonment or a

98
S. 39(1) of Juvenile Justice (Care and Protection of Children) Act, 2015.
99
S. 40, Juvenile Justice (Care and Protection of Children) Act, 2015.
100
“Under this Section restoration and protection if the child means restoration to- parents; b) adoptive parents; c)
foster parents; d) guardians; or e) fit person;”
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fine of at least one lakh rupees.101

 Open Shelters: Under this Act, the state government or non-governmental

organizations (NGOs) may create open shelters. The Open Shelters must be
registered in accordance with this Act's procedures.102
 Foster Care: Children in need of care and protection must be placed in foster
homes for a brief or extended period of time, depending on the determination
made by a committee following the Act's procedures, in a family without the
child's biological or adoptive parents, or in an unrelated family that the State
Government has determined is suitable for the purpose. The ability, tenacity, and
capability of the prospective foster family should be taken into consideration. The
foster family will receive food, medical care, and educational support.103
 Observation Homes: Children who have run afoul of the law or who are
delinquent juveniles must be placed in observation homes. The State Government
establishes and maintains these observation homes through NGOs in each district.
Observation houses are rehabilitation facilities for delinquent juveniles that are
required to be registered. The State Government may have the jurisdiction to
adopt regulations for the development and enhancement of Observation Homes.
They should be placed in Observation Homes that are appropriate for their age,
gender, and physical and mental ability, rather than with their parents or
guardians.104
 Special Homes: In each district, the State Government develops and maintains
Special Homes, which must be registered under this Act. It's also a form of
delinquent child treatment facility. According to the state administration, every
district has at least one officially recognized location of safety. This facility will
be used to house adults over the age of 18 as well as minors who have broken the
law and are between the ages of 16 and 18 and have committed horrible crimes. It
will be furnished with the comforts and protections these people need.105
 Children's Homes: These homes were established to accommodate and safeguard
children in need of care, as well as to Provide appropriate treatment, education,
training, development, and rehabilitation. Any Children's Homes that give specific

101
S. 42, Juvenile Justice (Care and Protection of children) Act, 2015.
102
S. 43, Juvenile Justice (Care and Protection of children) Act, 2015.
103
S. 44, Juvenile Justice (Care and Protection of children) Act, 2015.
104
S. 47, Juvenile Justice (Care and Protection of children) Act, 2015.
105
Section 49, Juvenile Justice (Care and Protection of Children) Act, 2015.
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help to children with special needs may be designated by the state government.

3.10 PUNISHMENT OF JUVENILE
There was no punishment for juveniles prior to 2015. Following the incident of December 16, 2012,
the minimum age for juveniles was lowered, and a new notion of heinous crime was developed. In
2015, the Indian Parliament approved the "Juvenile Justice (Care and Protection of Children) Bill
2014," which has drastically altered India's juvenile justice system.

That Bill has been replaced by the “Juvenile Justice (Care and Protection of Children) Act, 2015.”
According to this law, a juvenile must be treated as an adult, and significant offences will result in a
term of 7 years or more in prison for individuals aged 16 to 18. Serious offenses are those that carry
severe penalties under the Indian Penal Code, 1860, or any other applicable law.106 The delinquent
child is taken before the Juvenile Board if the Juvenile Board thinks it necessary, and the Juvenile
Board may issue a punishment order. The child might be transferred to a rehabilitation facility if the
Juvenile Board determines that no severe crimes have been committed by him. One form of
punishment that adheres to the reformative punishment philosophy is rehabilitation centers.

The fundamental goal of rehabilitation is to change and reform the child's behaviour. The reformatory
hypothesis aids in the transformation of a child's criminal mindset. Because it focuses on the future
rather than the past, this hypothesis is reasonable.107 The reformative strategy is beneficial for
adolescent criminals, women, and first-time offenders. Salmond claims that although it may seem
terrible to substitute deterrents for reformation in most cases, it is important in some circumstances,
particularly for aberrant and wrongdoers with limited responsibilities.108 Another argument is that it
is not a punishment in the real sense of the word because it does not include slight pain.

In Rattan Lal vs. State of Punjab,109 the Supreme Court observed that this Act represents a watershed
moment in the recent liberal trend of criminal justice reform. Second, Section 27 of the Criminal
Procedure Code mandates that young offenders get treatment, rehabilitation, and training.110 The drive
to repair a person as a better and best citizen is known as reformation.111

106
Jatin Gandhi, “10 things you know about the new juvenile law”, NDTV available at
http://www.ndtv.com/cheat-sheet/10-things-you-need-to-know-about-the-new-juvenilelaw-1257667, last seen on
28/03/25.
107
N V. Paranjape, “Criminology and Penology with Victimology”, 284 (Central Law Publication, 2015).
108
Salmond, “Jurisprudence”, 27 (Universal Law Publishing, 12th ed., 1966).
109
Rattan Lal v. State of Punjab, (1965), SC 444.
110
Tanu Priya, “Reformative Theory of Punishment” (LLJ, 2014).
111
Prison Commissioners Report, 24 (1912).
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According to the Jail Committee Report 1919-1920, the goal of correctional administration or
rehabilitation centres is to prevent fresh crimes and reintegrate criminals into society as reformed
individuals.112 In Narotam Singh v. State of Punjab,113 The Supreme Court declared that promoting
rehabilitation and ensuring social justice should be the primary objectives of criminal legislation.

112
J.P. Sirohi, “Criminology Criminal Administration”, 119, (Allahabad Law Agency, 15th ed., 1999).
113
Narotam Singh v. State of Punjab, (1978) SC 1542, (1979) 4 SCC 505.
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CHAPTER-4

INTERNATIONAL PERSPECTIVE OF
JUVENILE DELINQUENCY
4.1 INTRODUCTION

Due to their early stage in development, juveniles require special attention and assistance in terms of
physical, mental, and social development, as well as legal protection in conditions of peace, freedom,
dignity, and security, but international recognition of juvenile children's rights came late. Though some
individuals believe the legislation has gone too far at times, social scientists pause and consider the
path in which their field is heading.114 As a result, on December 21, 1976, the United Nations General
Assembly declared 1979 to be the International Year of the Child (IYC), with the following goals:

a) To recognize the importance of advocacy on behalf of children and to raise

public awareness of children's specific needs.
b) At the national and international Youth year, to raise recognition of the fact that

children's programmes should be an integral element of economic and social

development plans in order to achieve long-term and short-term sustainable
activities for the benefit of children. According to UNICEF's Ms. Albenez, as a
consequence of this rising support. Childhood is increasingly being viewed as
more than just a “probationary time” before becoming an adult. “The child
evolves as an individual with dignity who has all of the rights of a full human
being,” she stated.115
The international community then acknowledged that every child who is accused of violating the
Penal Code or is found to have done so has the right to be treated in a way that upholds their sense of
worth and dignity, fosters their understanding of other people's fundamental rights and freedoms, takes
into account their age, and emphasizes their similarities to and positive involvement in society.116

4.2. INTERNATIONAL CONVENTIONS

The United Nations Organization has approved many accords and built a structure for the efficient
administration of the world's juvenile justice system at the international level. Such international

114
P.M. Bakshi, “inaugural address”, (KLJ Vol., 7 1981).
115
Available at the http/www.un-org./right/dpi/ 1756 e.htp.p.1 visited on 24/02/25
116
Article 40 (1) of Convention on the right of child.
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conventions or frameworks serve as a reference point for practitioners working on child justice
concerns, aiding them in developing more effective strategy interventions. This chapter discusses
international instruments adopted by the United Nations on a global scale. The administration of the
juvenile justice system, child policies and programmes, specified guidelines relating to juvenile
delinquency, and children's rights to survival, development, and education are all addressed in these
documents. The following international instruments are included:

4.2.1 UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD 117

The UNCRC118, which was approved in 1989, ensures the preservation of children's rights and, more
crucially, serves as a complete list of countries' legally enforceable commitments toward children.
The administration of the Juvenile Justice System is especially addressed in Articles 37 and 40 of this
Convention.

“Article 37: No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without possibility of release shall be
imposed for offences committed by persons below eighteen years of age.”

“Article 40 States Parties recognize the right of every child alleged as, accused of, or recognized
as having infringed the penal law to be treated in a manner consistent with the promotion of the child's
sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental
freedoms of others and which takes into account the child's age and the desirability of promoting the
child's reintegration and the child's assuming a constructive role in society. ”

The UNCRC promotes children's empowerment and works to establish an environment in that they
could then live in safety and reach their full potential. The significance of this Convention is that it
establishes a set of principles that are free of prejudice.119
All children in the States have civil, political, economic, social, and cultural rights, according to
Article 54 of the Convention.120 These are: -

1) The right to survive: The right to survival of children was addressed in this

117
U.N. General Assembly, “Official Records, Sess. 61, U.N. document A/RES/44/25”, (20/11/1989) available at
http://www.un.org/documents/ga/res/44/a44r025.htm.
118
United Nation Convention on the Rights of the Child.
119
Dr. A. Selva Kumar and Dr. G. Kaurnanithi, “Child Rights: Issue and Problems”, 121, in Human Rights and
Gender Justice (S. Gurusamy, 1st ed., 2010).
120
https://www.unicef.org.uk/what-we-do/un-convention-child-rights/.
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Convention. The human life, as well as the best possible health, nutrition, and
living conditions, are all covered. The right to a name and nationality are also
included.
2) The right to protection: The right of children to be protected is included in this
convention. It includes all freedoms against tyranny, oppression, cruelty, and
carelessness as well as the right to extra security during emergencies or armed
combat.
3) The right to development: This Convention defines the right to development
as including the rights to education, care for young children, security, and access
to leisure and cultural activities.
4) The right to participate: Children's liberties such as freedom of expression,
freedom of speech, freedom of opinion, and freedom of religion, among others,
are covered under this Article.

4.2.2 UN MINIMUN RULES FOR THE ADMINISTRATION OF JUVENILE

JUSTICE: THE BEIJING RULES (1985)121

The Beijing Rules give states some guidance on how to protect children's rights and make sure that
the juvenile justice system in India meets their requirements. This approach is the first to address the
administration of the juvenile justice system in its entirety.122

4.2.3 THE RIYADH GUIDELINES (1990)

The Riyadh Guidelines are focused with prevention and social reintegration. The growth of children
at the national, international, and regional levels needs novel concepts and strategies for preventing
juvenile delinquency in the states, according to these Guidelines. These Guidelines also identify
policies that focus on juvenile delinquency prevention.123

121
Adopted by General Assembly resolution 40/33 of 29 November 1985.
122
R. N. Choudhry, “Law relating to juvenile justice in India”, the commentary on The Juvenile Justice (Care and
Protection Act 2000 as amended by Act No. 33 of 2006 along with Central and State Rules), 2 (2009).
123
UN General Assembly, “UN Guidelines for the Prevention of Juvenile Delinquency: the Riyadh Guidelines”
(1990), Res. 45/112, Sess. 45, U.N. Document A/RES/45/112, 1, (14/12/1990), available at
http://www.un.org/documents/ga/res/45/a45r112.htm, (last seen- 18/03/2025).
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4.2.4 UN RESOLUTION 1997/30- ADMINISTRATION OF JUVENILE JUSTICE

The United Nations adopted a resolution in 1997.124 The name of this resolution is the Vienna
Guidelines. The Resolution acknowledged how the states handle juvenile justice. Implementing the
UN Convention on the Rights of the Child is the primary goal or component of this resolution. These
recommendations focused on aspects of juvenile justice. The authority should be an independent
panel, and no child under the age of criminal responsibility should be charged with a crime. In
addition, this Resolution stated that agencies and legal programmes developed for the protection of
adolescents should be given priority.

4.2.5 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHT OF

THE CHILD
The UN enacted three treaties on May 25, 2000 in New York:

• “Optional Protocol on the children’s involvement in Armed Conflict”

• “Optional Protocol on Selling of Children, Child Prostitution, and Child
Pornography”
• “Optional Protocol on the Rights of the Child on a Communication Procedure”

“No person under the age of 18 years subjected to compulsory enlistment in the armed conflict or
forces,” according to the First Protocol.125 The Second Protocol, which was adopted on January 18,
2002, includes rules to protect children against child trafficking, child prostitution, and child
pornography. It also specifies some penalties for disobeying these rules. In these two additional
protocols, the CRC does not outline a procedure for handling specific complaints from minors. The
General Assembly specifies a specific procedure for reporting a violation of a child's rights in the
third Protocol. A written complaint can be submitted by children to express themselves. The
Ratification of this Protocol was on April 12, 2014.126

4.2.6 OTHER INTERNATIONAL INSTRUMENT

The United Nations has also adopted two other international instruments. The following are the
conventions:

a) “Standard Minimum Rules for the Treatment of Prisoners” (1955)127

124
UN General Assembly, UN Resolution 1997/30-Administration of Juvenile Justice (1997), Res. 1997/30, Sess. 30,
UN Document A/RES/1997/30, (21/07/1997) available at http://www.un.org/documents/ecosoc/res/1997/eres1997-
30.htm, last seen on 24/04/25.
125
Dr. H.O. Agarwal, “Human Rights”, 125 (Central Law Publication, 15th ed., 2014).
126
Dr. H.O. Agarwal, Human Rights, 126 (Central Law Publication, 15th ed., 2014).
127
First United Nations Congress on the Prevention of Crime and the Treatment of offenders, held at Geneva in
1955, and approved by the Economic and Social Council by its resolution 663 C (XXIV) of
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b) “UN Minimum Rules for Non-Custodial Measures” (1990)128

“Article 8 of the Standard Minimum Rules for the Treatment of Prisoners defines the Separation of
Categories” (1995).

“The different categories of prisoners shall be kept in separate institutions or parts of institutions
taking account of their sex, age, criminal record, the legal reason for their detention and the
necessities of their treatment. Thus, Young prisoners shall be kept separate from adults.”129

The Tokyo Rules, also known as the UN Minimum Rules for Non-Custodial Measures (1990), are a
collection of UN standards for non-custodial measures. These Rules guaranteed that the criminal
justice system improved and that offenders developed a sense of social responsibility.

4.3. COMPARISON ON INDIAN JUVENILE JUSTICE SYSTEM WITH

OTHER COUNTRIES

4.3.1 JUVENILE JUSTICE SYSTEM IN AMERICA

It's difficult to describe the juvenile justice system in the United States because the country is divided
into fifty-one states, each with its own political jurisdiction (fifty states plus the District of Columbia)
and legal ability to define "delinquency." Each state also has counties, which contain metropolitan
areas, rural areas, and towns. Each of these entities possesses:

1. Legislative authority that may influence the character of the juvenile justice
system;
2. Areas that might or might not be designated for the juvenile justice system.130

There are some elements of this system that are identical to all American states, such as follows:

31 July 1957 and 2076 (LXII) of 13 May 1977, available at

https://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Pr isoners.pdf,
(last seen-24/03/25).
128
U.N. General Assembly, Official Record, Sess. 45, UN Document A/45/110, (14 December 1990) available at
http://www.ohchr.org/Documents/ProfessionalInterest/tokyorules.pdf, (last seen-24/03/25).
129
Article 8(d) of Standard Minimum Rules for the Treatment of Prisoners (1995).
130
Galan M. Janeksela, “Descriptive Analysis of five juvenile justice systems: United States, Scotland, England,
India and South Africa” 21 (International Review of modern sociology, 1991)
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i. Arrest: Juvenile delinquents are detained by authorities such as schools, but

police arrests are made in the majority of cases. This illustrates police
involvement in petty offender apprehension.
ii. Diversion: After being held and treated, minors are sent to social agencies,
which serve as rehabilitation facilities, before being released without
restrictions. If a child and his family agree to the terms of release within a certain
time frame, the court also has a lot of options for releasing the child.
iii. Police Procedures: The police procedure might be official or casual. In non-
serious offences, an informal approach may be used, meaning that the police can
very well resolve the conflict between the complainant and the juvenile or his
family. The Juvenile Unit of police handles this in a formal manner. There is a
Police Juvenile Unit in every police department.131
iv. Custody: prior to detention, the police officer obtains information about the
incident from the child and his or her family. Without a court order, juvenile
delinquents can be imprisoned for up to 48 hours in most states in the United
States. A detention trial must be held if a juvenile criminal has been detained for
more than 48 hours. Even during detention trial, the court may:
 set the hearing date as soon as possible;
 appoint a guardian ad litem if the child is not produced before counsel;
 to give notification to their parents and guardians before the detention trial
begins;
“A person who has not attained the age of eighteen years, or for the purpose of procedures and
disposal of such a person for an act of juvenile delinquency or a felony committed prior to his or
her eighteenth birthday, a person who is not yet 21”, according to US Code (11).

4.3.2 JUVENILE JUSTICE SYSTEM IN PAKISTAN

“A child under the age of 18 is referred to as a juvenile”. The following statutes define the term
"juvenile":

a) “Juvenile Justice System Ordinance, 2000: According to this Ordinance, the

minor must be under the age of 18 at the time of the offence.”

b) “Pakistan Penal Code1860: A child under the age of seven is not subject to
criminal culpability. The criminal culpability of a child aged 7 to 12 years relies on

131
Ibid
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the result of his actions during the commission of the offense.”

c) “Zina (enforcement of) Hard Ordinance Offense, 1979: The age of a child is also
fixed at 18 in this Ordinance.”

d) “The Code of Criminal Procedure 1983: The age of a child is determined by this
Code to be 15 years old.”

e) “Punjab Youthful Offender Ordinance, 1963: The age of a child is deemed to be

15 years old under this Ordinance.”132
The trial of a juvenile is performed in accordance with the School Leaving Certificate. The Juvenile
Justice System Ordinance of 2000 (JJSO) has regulations concerning:

• Child protection;
• Juvenile Court procedure; and
• Prosecutions involving young criminals;
• The creation of Juvenile Courts;
• Trials for children and adults should be separated;
• Determination of the child's age; the court will conduct an investigation to
determine the juvenile's age, which will be documented by the court, along with
a medical report.
In Pakistan, the juvenile justice system is mostly punitive. Juveniles face imprisonment rather than the
death penalty. Although the death penalty is prohibited in the case of minor offenders, it is imposed
in the event of significant offences. When a youngster of 15 years or older is arrested for severe crimes
such as (brutal, offence against public decency, etc.), the Court may refuse the delinquent juvenile's
bail, and they may be sentenced to death or life imprisonment.

4.3.3 JUVENILE JUSTICE SYSTEM IN CHINA

Social control in China is accomplished using a combination of unofficial and formal mechanisms.
Regulation is more effective since it is concentrated on the management of juvenile offenders.
Juveniles are not treated as adults, and special laws or norms that are only applicable to juvenile
offenders have been enacted for them. Along with some specialized legislation like the Juvenile
Protection Law and the Juvenile Delinquency Prevention Law, the Constitution and Criminal Justice
Legislation apply to juvenile offenders. There have been no laws for young criminals in this country

132
Ashraf Ali, “Juvenile Justice System Ordinance 2000 Judgments of Apex Court in Pakistan”, p-7, available at
file:///C:/Users/HARMESH%20LALA/Downloads/Juvenile_Justice_System_in_Pakistan.pdf, last seen on
24/03/2025.
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until the 1980s. In 1987, Shanghai passed the Shanghai Youth Protection Ordinance, which was created
to safeguard juvenile criminals and juvenile courts. The most important legislation dealing with
juvenile offenders are the Criminal Code and the Criminal Procedure Code. There really is no
difference between a child and a juvenile in terms of definition. A juvenile is defined by the Juvenile
Justice Law as a person under the age of eighteen. These regulations distinguish between treatment
for adults and treatment for minors. Additionally, it sets the notion of delinquent behavior as well as
the rules for court trials and punishments. The juvenile delinquency prevention law from 1999 and the
juvenile protection law from 1991 are of greater significance in China. Education should take
precedence over sanctions for juveniles in cases of delinquency, according to JPL, 1991, and the key
justification for this approach is:

• To carry out the Court's procedures and ideals.

• To safeguard children who require care and protection.
• To safeguard the minors.
Two groups of juveniles have been established:

a) Delinquents
b) Offenders

Curfew breaches, running away, disrespect to parents, school absenteeism, and other offences are not
penalized under China's Criminal Code. Theft, drunkenness, assault, and other offences are
considered delinquent and penalized under the Code, which differentiates between bad and serious
juvenile behaviour.

Under the Criminal Code of 2011, a child's age limit is defined. The common age of criminal
responsibility, according to this Act, is 16 years old.133 If a child under the age of 14-16 commits a
significant crime, they must face criminal charges. Certain crimes, such as rape, murder, robbery, and
explosion, are punishable by them. However, children under the age of 14 are exempt from criminal
culpability. In addition, if the minor is under the age of 18, the judge can impose a lighter or less
severe punishment. Delinquent youths between the ages of 14 and 18 are subjected to punishment,
but the Court is unable to impose harsh penalties.
4.3.4. JUVENILE JUSTICE SYSTEM IN RUSSIA

In Russia, the age limit is set at 16, however a child who is older than 14 but younger than 16 will be
held responsible for punishment if they commit terrible crimes such as murder, theft, serious offences,

133
Article 17, Criminal Code, 2011.
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assault, and so on. A kid under the age of 16 must be imprisoned for a period of six years. When a
youngster reaches the age of 16, he is sentenced to ten years in prison.134 In Russia, there is no
separate system for dealing with young offenders; instead, they are dealt with in the same ways as
adults in regular courts when they commit serious crimes like rape and murder.

The Criminal Code mandates that punishments be administered with rigour. Juveniles face two types
of punishments under this Code:

• Punishment based on the child's background;

• Characteristics of individuals discovered during the pre-trial inquiry

Furthermore, as an alternative to the current retributive juvenile delinquent in the penal system, two
types of models have been adopted:

• “Perm; this paradigm is founded on restorative justice.”

• “Rostov; this juvenile justice concept is based on the rehabilitate approach.”142

Furthermore, the Model Judge's Assistant plays a critical role in performing responsibilities connected
to juvenile matters in this Model. They choose cases that are suitable for victim-offender reconciliation
programmes.
4.3.5 JUVENILE JUSTICE SYSTEM IN SAUDI ARABIA

Saudi Arabia's penal laws are based on Sharia and therefore are not codified. For juvenile offenders,
the death sentence, corporal punishment, and life imprisonment are legal options. They have enacted
a variety of legislation to run the juvenile justice system, including:

“a) Basic Law of Governance, 1992

b) Detention and Imprisonment Act, 1978

c) Detention Regulation and Juvenile Home’s Regulation, 1975

d) Juvenile Justice Act, 1975

e) Law of Criminal Procedure, 2001; and

f) The Juvenile Justice Regulation Act, 1969.”

134
Una Kirstine Hakvag, Juvenile Justice in the Russian Federation, p-35, available at
https://www.duo.uio.no/bitstream/handle/10852/33991/Hakvaag.pdf?sequence=1, last seen on 24/03/25.
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The minimum age of criminal responsibility for children has been set at 7 to 12 years, however
it does not apply to girl’s cases. The Juvenile Detention and Juvenile Home Regulations of 1975
define a juvenile as "a minor under the age of 18." Juveniles should be treated “in conformity
with the legal and regulatory requirements,” according to the Act's provisions.144 However, in
criminal situations, it is not required to consider all children as juveniles. Juveniles can be treated
as adults depending on the judge's decision and the child's physical development.
 Capital Punishment: Even if a juvenile is under the age of 18, capital punishment
is considered a legal punishment. Adultery, renunciation, corruption, drug
trafficking, murder, manslaughter, and other crimes are all punishable by death. In
Islamic Laws, the government has said that undeveloped children cannot be

sentenced to death.146 However, judges or courts have the authority to decide

whether a kid is of legal age to receive the death penalty.147 The Administrative
Governor, the Court, the Bureau of Virtue Promotion and Prevention of Vice, and
the police must all be present when the King or his representative imposes the death
penalty.
 Corporal punishment: It is permitted in Saudi Arabia, and it can be used against
children as well. In many circumstances, a beating is a required punishment, and
judges may grant an order based on their discretionary authority. The "Juvenile
Justice Regulations, 1969" encourages juvenile courts to handle child-related matters
without any monitored accommodation options and to limit punitive measures to
guidance services, but the "Juvenile Justice Act, 1975" makes a child under the age
of 18 liable to corporeal punishment, such as beating, stoning, and amputation.
Amputation orders must be signed by the King or his representative and attested by
the Administrative Governor (AG), the Court, the Bureau of Vital Promotion and
Prevention of Vice, and the Police, according to the Law of Criminal Procedure.
 Life imprisonment: Life imprisonment is also an option for juvenile offenders. The
government of this country mandates that minors be imprisoned in reformative
institutions rather than public jails. The fundamental motivation for this is to change
the child's illegal behaviour.

4.3.6 JUVENILE JUSTICE SYSTEM IN IRELAND

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In this country, 12 is the legal minimum age for criminal activity in minors. If a youngster performs
a terrible deed before turning 10 or 11, they are not considered to have attained the legal age of
majority. They have put in place a diversion scheme that serves as a sort of sentence and mandates that
criminal offenders live in reformatory housing. This program's main objective is to have criminal
offenders modify their criminal behavior. The juvenile justice system in Ireland is more of a
reformatory system. The management of juvenile offenders is the responsibility of juvenile liaison
officers. This program is run under the direction of the Commissioner of Garda Siochana, and in the
event of his absence, a director not below the rank of Superintendent is chosen to carry out duties on
behalf of Garda Siochana. Any youngster who is accepted into a diversion program is shielded from
legal action and criminal consequences.
Evidence that is not admissible in civil or criminal proceedings includes:
a. Any time a minor is accepted for a diversion program;
b. The child's actions; or
c. Involvement of the youngster in a program for criminal behaviour diversion.

Any children who has committed a crime while under the age of 14 is entitled to legal action and
adult penalties. The crime, the juvenile's mental capacity, and other considerations all play a role in
determining the punishment for a child. This Act also presupposes that cases affecting minors should

be kept apart from those involving adults.156 The court must carry out an investigation to establish
the juvenile's age and must acquire pertinent age-related evidence when someone is charged with a
crime. The court must decide based on this evidence and cannot object to it during the hearing.
Any other officer may not examine a child who has been held in a Garda Siochana station and must
obtain a written statement from the child unless they are present with:

a) Parents or legal representatives

b) If they are not present, another adult (who is not a Garda Siochana member)
shall be designated by the station manager.

The member in charge of the station has the right to ask the subject's parents or legal guardians to
leave during the interview or written statement if any misbehavior takes place.

Any child who disobeys the law will be investigated and punished in line with their level of maturity.
A minor who commits manslaughter is prosecuted similarly to an adult.

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CHAPTER-5

JUDICIAL APPROACH REGARDING THE JUVENILE

JUSTICE SYSTEM
5.1 INTRODUCTION
The purpose of this chapter is to highlight the Supreme Court's and several High Courts' roles in
improving India's juvenile justice system. In India, the judiciary plays a crucial role and has issued
numerous landmark rulings in favour of children's rights. Because juvenile delinquent cases are dealt
with by the lower courts at the primary stage, and their judgments are not binding on the other courts,
they cannot reflect much on the policies, the trends in judicial approach to a child in conflict with the
law, as echoed by judgments of the Hon'ble Supreme Court and various high courts, are being
examined.

The criminal justice system operates in accordance with the law and is based on the Constitution,
criminal process, and specific enactments. The juvenile justice system, which comprises both
commercial and governmental entities and encompasses the political boundaries of localities, nations,
states, and the national govt, is made up of police agencies, courts, and correctional facilities. Plea
bargains, bail, harsh sentences, the death penalty, the advising stance in Court, prisoner rights, and a
greater concentration on detention are all aspects of the adult system. In both circumstances, the
judiciary plays a critical role in the administration of these systems. In today's culture, the judiciary
has taken efficient measures to defend their rights and regulate crime, but the judiciary has always
prioritized "public interest" over "child interest."

By comprehending numerous legislative enactments adopted for the welfare of juvenile delinquents,
the courts have made significant contributions to the domains of juvenile justice. In India, the
judiciary has voiced serious concerns about the appropriate implementation of beneficial aspects of
the legislation relating to children on several occasions.

5.2 DETERMINATION OF AGE OF JUVENILE

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The primary job of the court and responsibility before convicting someone is to identify whether or not
that individual is a juvenile. Despite the existence of juvenile legislation, those under the age of 18
are treated as adults. When the authorities first come into contact with the child, they mistakenly
believe he is an adult. To keep him in detention, the police have been considered to represent him as
an adult. Following that, the Magistrates regard him as an adult and handle him accordingly.

The assessment of a juvenile's age is a vital and basic matter in a juvenile trial, and it should be
resolved as soon as possible. The Supreme Court held that when determining the age of the accused to
determine whether he is a juvenile or not, a twitchy specialized method should not be used in
acknowledging the obtained information on behalf of the accused in assistance of the plea that he was
a juvenile, and that if two views on the evidence are possible, the court should lean in favour of holding
the accused a juvenile. This Court's interpretation of the law is directly applicable to the facts of this
case.135

In Mukarrab v. State of U.P,136 the Supreme Court stated: “Age determination is necessary to
determine whether the person claiming to be a child is under the Juvenile Justice Act's cut-off
age for application." Because few children subjected to the terms of the Juvenile Justice Act have
a birth certificate, the question of age determination is critical.”

4 Extremely young children should not be sent to prison and should be released under the
supervision and care of their parents or guardians as much as possible, according to the courts.137
Before sending a person to reformatory school, the court must have clear evidence of his or her
4 age. A child cannot be sent to a reformatory school without a court order of institutionalization
or imprisonment.138

The protective attitude that underpins the unique legal provision for children has been reaffirmed by
the courts on several occasions. Certain statutes, such as the Apprentices Act of 1850, the Indian Penal
Code of 1860, the Reformatory Schools Act of 1897, and the Code of Criminal Procedure of 1973,
have provided specific protection to delinquent and neglected children (the acts have already been
30 discussed in Chapter 3 of this thesis). A complete bench of the Supreme Court concluded in Umesh

135
Arnit Das v. State of Bihar (2000) 5 SCC 488.
136
AIR 2014 (SC) 117
137
Emperor v. Dharam Parkash AIR 1926 (Lahore) 611.
138
Nawab Dheru Gul v Emperor, AIR 1934 (Pesh) 29.
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1 Chandra v State of Rajasthan139that the date of the offence was the appropriate date for putting the
Children Act into effect. As to the general applicability of the Act, we are plainly of the opinion that
15 the relevant date for the applicability of the Act is the date on which the offence occurs," it said. The
Children Act was created to protect young children from the consequences of their illegal conduct
because their minds were not yet mature enough to imput Mens rea as an adult's mind would be at that
age.

1 These decisions were decided in apparent disregard of the Supreme Court ruling cited above, as
1 did the Supreme Court decision in Arnit Das v. State of Bihar140, which found that the date of first
appearance was the relevant date for applying the JJ Act. The bench reasoned that the word 'is'
was used twice in the context of 'a person presented before it.' When the accused was brought
34 before the court, Section 32 of the JJ Act expressly stated that the age of the accused should be
determined.

30 In Bhola Bhagat v. State of Bihar141, it was established that if an accused alleges that he was a
child at the time of the crime, the court must examine the allegation and, if necessary, do an
investigation to determine the age and make a determination. The court cannot ignore favourable
Acts sections for technical grounds.142
11
21 The most credible documentary evidence of age is a birth certificate or a school leaving certificate. In
the lack of documentary evidence, a medical practitioner's opinion may be required. The ossification
test is a radiographic examination of specific major joints that determines age depending on the degree
11 of bone fusion. However, the age determined by a medical examination is not conclusive proof of
age, and court notice has been taken that it is merely a doctor's opinion, with a margin of error of two
years on each side.143

The Juvenile Justice Board (JJB) determined that defendant Mohammad Afroz, also known as "Raju,"
44 was 17 years and six months old on the day of the crime based on his birth certificate and school
documentation in State v. Ram Singh and another,167. The JJB turned down a police request for an
ossification test in exchange for proof of his age. The JJB announced on January 28, 2013, that he
would be tried as a juvenile. The President filed a petition on this basis, requesting that the youngster

139
AIR 2000 (SC) 2264.
140
AIR 2000 (SC) 2264.
141
1997 (2) ALD Cri 645.
142
1998 Cri. L.J. 1990.
143
Jaya Mala v. Home Secretary, Govt. of J&K: (1982) 2 SCC (Cri) 502.
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be prosecuted as an adult due to the extraordinarily violent nature of the alleged offense; nevertheless,
the motion was denied by the JJB. In a juvenile court, the child was tried separately.

In Sikander Mahta v. Tunna, the accused alleged that he was a juvenile on the day of the offense
based on a certificate given by the Principal of the Government Primary School, which was later
discovered to be a forgery. On the basis of another certificate issued by another government school,
which stated that the accused was 21 years old, it was later determined that he was not a juvenile. On
12 the basis of that certificate, it was determined that the accused was not a minor at the time of the crime.

The Indian criminal justice system is built on the principle that any question or uncertainty should be
utilized to the advantage of the accused. The Supreme Court has ruled that while determining
juvenility, the courts' technique should not be overly technical. As a result, in borderline
circumstances, the accused must be regarded as a minor. In the event of a discrepancy between
11 documented evidence and the medical examination report, the age represented on an authentic
document shall be considered as the correct age of the accused.
17 It is no longer necessary that a plea of juvenility be raised at any point of the case, including after it
has been decided, and delay in filing the plea of juvenility cannot be used as a reason to reject such a
claim.

5.3 APPREHENSION OF THE JUVENILE:

21 The word apprehension has been replaced with the word arrest in juvenile legislation. The
safeguards and protections enshrined in India's Constitution and Supreme Court rulings
pertaining to an accused's rights upon arrest also apply to minors in trouble with the law.

5.3.1 VISION OF THE CONSTITUTION:

Article 22- “(1) No person who is arrested shall be detained in custody without being informed,
as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and
to be defended by, a legal practitioner of his choice

(2) Every person who is arrested and detained in custody shall be produced before the nearest
magistrate within a period of twenty-four hours of such arrest excluding the time necessary for
the journey from the place of arrest to the court of the magistrate and no such person shall be
detained in custody beyond the said period without the authority of a magistrate”

1 The JJ Act has established and imposed particular duties on the police because of the sensitivity

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of the subject of juvenile apprehension and detention. The Act imposes the following
responsibilities on all police officers: -

50 1. When a 'Child in Conflict with the Law' is apprehended by the police, he is taken
1 into the custody of the Special Juvenile Police Unit or an appointed Police
Officer, who must report the incident to a member of the Juvenile Justice Board
right away.
16 2. If a juvenile is arrested and the officer in charge of the police station refuses to
1 release him on bond, the juvenile will be placed in an observation home till he
can appear before a Board or Court.
3. When the Officer-In-Charge of the Police Station apprehends a child suspected
of breaking the law, he may notify the Juvenile's parent or guardian as soon as
practicable after arrest and instruct him to appear before the board. The
Probation Officer must be notified of the arrest by the Officer-in-Charge of the
47 Police Station so that he can obtain information about the juvenile's antecedents
and family history.

1 In Sheela Barse and Anr v. Union of India144, the petitioner asked the Supreme Court to guarantee
the release of children under the age of 18 who were held in custody cross the country, as well as the
generation of complete information on children in jails, as well as information on the presence of
1 juvenile courts, homes, and schools, in accordance with Article 32 of the Constitution. For a guideline
that District Judges attend jails or sub-jails within their jurisdiction to make sure the children are
treated properly for while in custody, as well as a directive that State Legal Aid Boards appoint duty
counsel to ensure that children who are involved in criminal cases and are prosecuted have access to
legal representation.

26 The Supreme Court's judgement in the matter of D.K. Basu v. State of West Bengal 145
is notable.
While hearing the case, the court focused on the subject of incarceration torture and issued a number
of directives aimed at eradicating this heinous crime and improving the protection and promotion of
human rights. The Supreme Court issued detailed guidelines as preventive measures to address this
threat, including the following:

• “Police officers who carry out the arrest and conduct the interrogation of the

144
1986) 3 SCC 596.
145
AIR 1997 SC 610.
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arrestee should wear accurate, visible, and clear documentation as well as

name tags with their designations.
• The arresting officer must prepare a memo of arrest at the time of the arrest,
which must be attested by at least one witness, who may be a member of the
arrestee's family or a reputable person from the area where the arrest is made.
• The person arrested must be aware of his right to have someone informed of his
arrest or detention as soon as he is placed under arrest or detained.
• During his detention in custody, the arrestee should be subjected to a medical
examination by a trained doctor every 48 hours by a doctor on the panel of
approved doctors appointed by the Director, Health Services of the State or
Union Territory concerned.
• During interrogation, the arrestee may be allowed to meet with his lawyer, but
not throughout the interrogation.”175

The Supreme Court defined torture and considered its ramifications in this case. The court's
observations on torture are insightful and worth repeating. The police's tortuous procedure was
criticized by the court, which noted:

“Torture has not been defined in the Constitution or any other penal laws. Torture of
a human being is essentially an instrument to impose the will of the ‘strong’ over the
‘weak’ by suffering. The word ‘torture’ today has become synonymous with the darker
side of human civilization and custodial violence including torture and death in the
lockup strikes blow at the rule of law.”

5.4 Bail to Juvenile

Bail is the release of an accused individual pending trial while also guaranteeing his future
appearance in court during the trial. The position with regard to bail in juvenile jurisprudence is
mandatory, regardless of whether it is bailable or not, except in rare cases where the child would
be harmed if freed.

There are a few circumstances in which a juvenile can be denied bail, and they are as follows:

1) If his or her release is likely to put him in contact with a known criminal;
2) When his/her release puts him in risk morally, physically, or psychologically;
3) When his or her release would be counterproductive to the goals of justice.

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The Indian courts have regularly decided that the juvenile's bail should be denied only on the
three pre-determined grounds. The court further stated that it cannot be denied because to the
heinousness of the crime.

23 In the case of Mohd. Feroz @ Bhola v. State146, It was decided that if a person appears to be a
juvenile, he or she must be released unless there are reasonable grounds to believe that his or her
1 release will put him in contact with a known criminal, expose him to moral, physical, or
psychological threat, or that his or her release will beat the legitimate aim.180 In the context of the
1 aforementioned law, it was also determined that the issue of bail was not one of pity. It was
required and stipulates that such a person, who appears to be a minor, be released on bond.

22 In the case of Pratap Singh v. State of Jharkhand and Anr.147 The Supreme Court determined
23 that the Juvenile Justice (care and protection of children) Act, 2000 is helpful legislation for
juveniles and that it should be interpreted consequently. In this vein, where Section 12 requires
1 a juvenile to be released on bond even if he is "clearly a child," this Court and all courts dealing
with such a situation must accord full meaning to the provisions of the aforementioned Section as
well as the Act's aim. Section 12 states that a juvenile must be freed on bond unless doing so
would be harmful to him or would utterly contradict the goals of justice.

Manmohan Singh v. State of Punjab was a petition brought by a juvenile incarcerated in an

Observation Home for the purpose of overturning the order of the Chief Judicial Magistrate denying
the petitioner's application for release on bail. The petitioner's bail was denied by the lower courts on
the grounds that, first, his release on bail would put him in danger morally and physically because no
older person is capable of looking after him. Second, the petitioner was armed with a Kirpan at the
time of the incident and had injured the dead, causing him to die as a consequence of his injuries. In
these circumstances, releasing the petitioner on bond is likely to endanger the trial by putting pressure
1 on prosecution witnesses. After the Chief Judicial Magistrate's rulings were overturned, the petitioner
was ordered to be released on bail.
34 The Court stated in Master Niku Chaubey v. State, that the nature of the offence is not one of the
criteria for granting or denying bail to a minor. It was decided that in the juvenile's case, Bail must be
1 granted purely in view of Section 12 of the Act, that states that Bail must be allowed unless the court
believes that the juvenile's discharge is sufficient to induce him into contact with any known criminal

146
2005 (16) CRIMINALCC 620
147
Appeal (crl.) 210 of 2005
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22 or expose him to moral, physical, or psychological threat, or that his release would defeat the ends of
justice.

1 The case Gopal Sharma v. State of Rajasthan revolved around the murder of a foreign lady tourist
named Lee Ching in a hotel in Udaipur. The bail petition in this case was denied not only because the
petitioner is facing a massive murder charge, but also because his activities are damaging to the
country's reputation in the world, causing tourism to suffer. Tourists navigate throughout the country
with the help of a guide who they trust. A betrayal of foreign tourists is a betrayal of the country,
portraying the country in a negative light around the world. As a result, the petitioner's case fell into
a unique category under Section 12 of the JJA (2000).
5.5 FINAL DISPOSITION OF JUVENILE
The primary focus of the juvenile justice system is on the adolescent's well-being rather than
7 punishment for prior misdeeds. Because the primary goal of the juvenile justice system is to better
11 and rehabilitate children, JJB is expected to issue orders that follow the spirit of juvenile legislation
11 when it is satisfied, following an investigation, that a juvenile in conflict with the law has committed
an offense.

Dilemmas to the potential application of juvenile court orders, or the orders of any other court dealing
with children, provide a chance to identify the fundamental difference between the JJS and ordinary
7 criminal courts, as well as to improve understanding, acceptance, and practise of the JJS' noble goals.

The legality of punitive orders relating to children issued by subordinate courts was contested in many
cases before higher courts under the Children Acts, and only a small number of cases were affirmed.
For example, in Rajendra v. State of UP,186 the court sustained the juvenile delinquent's sentence to
two years in an approved school for murder. In other circumstances, the directives were deemed
ineffective for a variety of reasons. A sentence of imprisonment imposed without regard for the
defendant's age was ruled to be unconstitutional in one case.

4 In light of the terms of the Children Act, the Supreme Court also ruled that the sentence of life
imprisonment without a valid determination of age could not be upheld and ordered the accused to be
freed on probation.

Even in the most heinous offences, like as murder and rape, it was judged that probation, transfer to
juvenile institutions, or keeping them with their parents was preferable. The institutionalization orders

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7 that were supposed to run in order were altered to run in parallel. In some cases, the courts had to deal
with an order that ordered the child to the incorrect facility or one that was located outside of the state.

4 The public prosecutor filed a revision against an order requiring a girl to be held in a borstal school
since there were no borstal schools for holding girls in Public Prosecutor v. Rajam Ammal. Normal
52 abandoned children were kept with abnormal children, according to the Calcutta High Court in Rajesh
Khaitan v. State of West Bengal, and ruled that such confinement was improper. It also held that a
term of jail imposed on a child was unconstitutional.

The validity of judgments of custody of children at borstal schools when they reached the age of 21-
23 years, after which they could no longer be kept in the juvenile institution, was challenged in higher
courts.191 The court concluded in Karuppayee and another, that the order instructing the juvenile to
4 be transported to jail after completing their stay in an approved school to spend the remainder of their
life sentence was invalid and contradictory to the Supreme Court's ruling. It endorsed the approach
used in Rajan & Thiruvengada Karthigean v. State, in which the JJ Act was interpreted liberally.

When a child ceased to be a child during the course of the proceedings, the Children Acts provided
for the continuing of the investigation and the passing of orders as if the child remained a child. The
section concerning institutionalization, on the other hand, set a maximum age beyond which no child
4 might be maintained in a home under the Act. When it came to dealing with children who had reached
the specified upper age limit by the time final orders were issued in the case, the higher courts took
varied approaches.

The Andhra Pradesh High Court held in Superintendent, Central Jail, Hyderabad v. C. Narsimhulu,
4 that persons between the ages of 16 and 21 on the date of conviction may be sent to borstal school. The
MP High Court declared the trial of a juvenile by a session's court to be without jurisdiction in State
of MP vs. Ashok Kumar, but did not remit the case for retrial because fifteen years had passed. The
accused was acquitted because there was insufficient evidence to convict him.

The Supreme Court ordered the proceedings to be dismissed in Jayendra v. State of Uttar Pradesh,
because the kid had become twenty-five years old while the case was pending. However, in Umesh
Chandra v. State of Rajasthan, A similar-aged juveniles were referred back to the juvenile court for
4 further directives. According to the Allahabad High Court, such a case should be sent to the state
government for further action.

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4 The High Court of Punjab decided that such a child be allowed on probation for good behavior in
Budha Singh v. State of Punjab. In Sunita v. State, when the accused was a child, she killed her father
27 by sprinkling kerosene on him and setting him on fire. The case was brought before the High Court on
the grounds of child status. By the time her appeal was heard, she had reached the age of 25. Following
previous precedents, the court set aside her life sentence and ordered her release without reversing
her conviction. In Lalit Mohan Ghose v. State of Tripura, it was observed that, it is important to
remember that it has been more than a decade since he was convicted, so the court may issue other
orders, such as one for probationary release from the juvenile court.

In Bhudha Singh v. State of Punjab,202 The session's judge placed a child in judicial custody since a
list of certified schools to which he could be sent was unavailable. The Acts' operations are littered
with examples of children being wronged as a result of the apathy and ignorance of the different
organizations involved.

The UP Children Act allowed for the detention of children until they reached the age of 18 if they were
determined to be of such a perverted nature that dealing with them under its terms was not advisable.
In Lakshmi v Sub-Inspector, N. P. Police Station, The juvenile offender was arrested on suspicion
of theft and held in police custody for a short period before being sent to court custody. In light of
Sections 18 and 21 of the JJA, the court ruled both to be unconstitutional and invalid. The state
government has been directed to invest Rs. 25,000 in a five-year approved scheme in the child's name.

The money was to be used toward a job that would allow him to be rehabilitated by the government.
These few incidents of grave bad behavior, which have resulted in the deaths of children as a result of
judicial officers' indifference, are only the tip of the iceberg.

The cases holding the police accountable for breaking the law provide a glimpse of something better
on the horizon. In any case, if individuals violated their legal obligations, neither the High Court nor
the Supreme Court issued any sanctions against them, nor did the children receive any remuneration.

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CHAPTER – 6

CONCLUSION AND SUGGESTIONS

6.1. INTRODUCTION
After a thorough analysis of the important contributors to juvenile delinquency, it is obvious that
India's youth are having major difficulties maturing into responsible citizens. Juvenile delinquency is
increasingly becoming a source of concern for society and parents of children who are at risk of
succumbing to this social ailment. Children under the age of 18 make up 40% of the Indian population,
and the majority of them live on the streets, fighting for food and basic survival on a daily basis. They
do not live a regular life, lack fundamental education, and are unaware of the term "morals," and their
parents are powerless to help them since they have experienced similar difficulties. After being raised
in this manner, one cannot compare them to the children of the wealthy and assume them to be like
those who attend decent schools, receive parental love and affection, and are informed what is right
and wrong on a regular basis.

So, despite the horrible acts they commit, such as the violent rape committed by a juvenile on
December 16, 2012, we cannot punish them as adults because that would be a vengeful act that has
no place in a civilized society. The Justice Verma Committee ordered Faculty of Law Dean Ved
Kumari to make recommendations on revisions to rape legislation, and she agrees that we cannot free
ourselves of responsibility for turning this child into a demon. Though the entire society was stunned
on the fateful night of December 16, 2012, it was not his first illegal act. Where was the system while
he was out on the streets learning how to become an uncivilized person? She went on to say that:

“While condemning the ghastly brutality of the rape of Nirbhaya, I want to focus on the child
involved in the offence. Let our outrage at the absence of safe spaces for women, not blind us to
the absence of care to children too. This boy was all of 13 years when he left home. Why did he
leave? What was his home like? What happened to him in the last five years? What all has been
responsible for turning him into this beast? Why juvenile justice system in place in our country
did not reach out to him and prevented him from being what he has become today?”
As a result, it is our failure to give them with the fundamental essentials of existence, excepting the
etiquettes we demand, and it would be juvenile on our side to blame such juveniles when they perform
such nasty deeds until we do so.

So, first and foremost, we must identify and treat the juveniles whose lives have been impacted by

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the issues outlined in Chapter 1 such as poverty, broken homes, poor company, street life, and so on.
Otherwise, they will fail to meet society's legitimate standards and will become habitual criminals.
Second, we must intervene early in their lives by aiding them and their families with family
counselling, free education, free legal aid, individual psychotherapy programs (which are required to
preserve mental hygiene), and so on. We may anticipate the juveniles to improve in every way once
the rehabilitative methods are implemented effectively, because no one chooses to be a criminal; life
circumstances force a person to take the wrong road. So, it's past time for us to make a genuine effort
to change the youth.

Furthermore, a detailed examination of the functions of several authorities reveals that while India
has made significant progress on the legislative front, the implementation side still requires
improvement. The resources and infrastructure required to effectively implement this rule are
disproportionately large in comparison to the population and geographic areas affected. Every
authority in the system is dealing with a variety of issues, the most common of which are a lack of
effective manpower, a lack of sufficient infrastructure, and a violation of the Act's mandates. Due to a
lack of Probation Officers and Social Workers, it is impossible for them to engage with each juvenile to
the amount that is necessary. Furthermore, juveniles observe corruption in the system at all levels,
which has an impact on their own value system. It's ironic that, while they're being "reformed" for
their "behavior," the juvenile justice system has "malpractices" of its own.

All authorities participating in the juvenile justice system must adapt to the concept of multi-tasking.
For example, a Principal Magistrate or even police officers dealing with juveniles should not just do
their duties as officers, but do it with as much humility as possible. However, it is also crucial to be a
bit deterrent in dealing with juveniles because it is the police's primary responsibility to prevent crime
or criminals from committing crime. To combat the rising rate of adolescent delinquency, police must
serve as a preventive force and implement a variety of preventive measures. As a result, all of the
authorities' staffs will need to adjust their attitudes.

In recent years, the number of adolescent offenses such as rape and murder has increased. To address
these issues, “the Juvenile Justice (Care and Protection of Children) Act, 2015, which repeals the
Juvenile Justice (Care and Protection of Children) Act, 2000”, went into effect on January 15, 2016
15 and this Act has been further amended by Juvenile Justice (Care and Protection of Children)
Amendment Act, 2021.

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4 The provisions for both children in need of care and protection and minors in conflict with the law
are strengthened under the Act of 2015. Change in nomenclature from "juvenile" to "child” or "child
in conflict with the law" are two major provisions to eliminate the negative connotation of Orphaned,
5 neglected, and renounced children, as well as minor, serious, and heinous offences committed by
5 juveniles, are among the new criteria, as are clarifications in the Juvenile Justice Board's (JJB) and
Child Welfare Committee's (CWC) powers, functions, and responsibilities, specific timelines for the
Juvenile Justice Board's investigation. Special provisions for children above the age of sixteen who
commit terrible crimes, as well as mandatory registration of Child Care Institutions.
6.2 Suggestions
Any social and reformative legislation that is successful demands not just strong law, but also
dedicated and motivated system functionaries as well as government administrative wings, as well
as a responsive and responsible society. The juvenile justice system is no exception. Following are
the researcher's recommendations based on a detailed examination of the juvenile justice system:

 The National Commission on Children should be established - There is no central

organization to oversee numerous laws, such as the Juveniles Justice Act of 2015 or
amendment of 2021, which deals with juveniles. As a result, India's government may wish
4 to establish a National Commission for Children to oversee the country's execution of social
legislation affecting children.

51  Appointment of Qualified Personnel - It is possible to appoint a sufficient number of

professionally qualified individuals, especially those with magisterial, treatment, and
rehabilitation responsibilities.

3  Increased community participation is required - Unless the community is involved in

the process, the Juvenile Justice System will continue to operate in isolation from the rest
of society, and the majority of children brought into the system will be institutionalized.
3 Authorizing individuals and groups to take care of neglected juveniles should be a top
concern for state governments. Fit persons, fit institutions, observation homes, juvenile
homes, and special homes should all be recognized as places of safety. While
13 implementing the Juvenile Justice (Care and Protection of Children) Act, the appointment
of social workers to the juvenile justice board, the children welfare committee, and the
advisory board, as well as their training, must be prioritized.

3  Training for Personnel working in the juvenile justice system - The implementation
of the spirit behind the various services and programs under the Juvenile Justice System
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3 requires orientation training and in-service refresher courses for decision-makers as well
as other categories of people working under the system. In many cases, as with the homes
established so far under the Juvenile Justice System, implementation without spirit might
actually be harmful. On a regular basis, the government should hold orientation courses,
3 seminars, and awareness programs on juvenile justice to allow government officials to
absorb the information discussed and communicated to them.

 Juvenile after care and rehabilitation - Following the release of juvenile criminals,
there is still a need for juvenile aftercare, which should be a statutory responsibility of the
government. A suitable legislative change could be submitted.

3  The juvenile's age should be decreased - According to the Juvenile Justice (Care and
Protection of Children) Act of 2000, the age of a juvenile is 18 years, which is incorrect
3 because there has been an increase in the number of offenses committed by juveniles
between the ages of 16 and 18, and the manner in which they commit offenses clearly
3 shows that they become mature and sensitive to crime at the age of 16. The rape case in
Nirbhaya is the clearest example of this type of criminal behavior. Criminals are allegedly
utilizing children in criminal acts while under the protection of the Act. As a result, the
juvenile age should be reduced to 16 instead of 18.

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 Penal Provision for Juvenile Offender - True, reformative theory is preferred in today's
environment, but deterrent theory is also necessary for better reform implementation. Each
juvenile offender comes from a different history and has a varied maturity level, we cannot
determine criminality solely on the basis of age. Because a juvenile's maximum detention time
3 is three years, regardless of whether he committed murder or rape, many minors are utilized to
perpetrate the crime. As a result, some punitive elements must be included in order for this act to
have a deterrent effect. In serious crimes like murder, rape, and kidnapping, juveniles between
the ages of 14 and 16 should be prosecuted as adults and punished according to the Indian Penal
3 Code. The maximum sentence for a juvenile offender should be increased from three to five
years. It will both dissuade the child from committing an offense and give them more time to
reform.
 Establishment of minimal service requirements - Food, clothing, bedding, and shelter alone will
not allow a child to develop into a normal human being. A child also requires complete medical
attention. The government should allocate funding to a juvenile for these services. Medical
officials should pay close attention to the needs of juveniles and approach them in a sympathetic
manner. The Juveniles Homes should be equipped with all necessary medicines and drugs. This
goal is to provide alternative family care for juveniles, ultimately leading to their societal
rehabilitation.

1.Separate regulations that impact children must be linked.

41 The Juvenile Justice (Care and Protection of Children) Act is the primary act for juveniles, however
3 there are other laws that affect children's life, such as the Primary Education Acts and the Child Labor
14 Act. Special laws such as the Narcotic Drugs and Psychotropic Substances Act, the Terrorist and
Disruptive Activities Act, and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)
Act have all had an impact on the reach of the law dealing to juveniles who commit crimes. The
14 government must make a clear link between the Juvenile Justice (Care and Protection) Act, 2015 and
other laws that may have an impact on the lives of children who fall within its jurisdiction.

2.Raising Public Awareness

It has been observed that many people are unaware about the Juvenile Justice System. That is why
popular support and collaboration are lacking. As a result, the proposal is to hold public awareness
campaigns so that people are aware of the issue and will cooperate and support the juvenile justice
system.

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3.Collaboration between various organs

The lack of efficient inter- and inter-system coordination has been seen in the juvenile justice system.
Three primary authorities—police, magistrates, and workers in charge of institutions—effectively
3 pool their resources in an ad hoc structure of collaboration. They are overseen by separate agencies,
and instead of cooperating to achieve a single goal—justice for juveniles—they work at odds. As a
result, it is advised that there should be effective coordination among various organizations in order to
achieve the purpose of juvenile justice.
4.Special Juvenile Police Unit Independent Cadre
4 One of the key functions of the Juvenile Justice System is the police. The police attitude toward
juvenile offenders appears to be similar to that of adult offenders. Because these cops also deal with
situations involving adult criminals and are properly trained to deal with them. It is proposed that a
special cadre of police employees be established, at the very least in the country's major cities, to deal
effectively with juveniles.
5.Legal aid provision
31 The Juvenile Justice (Care and Protection of Children) Act makes no provision for legal aid. A child
facing a criminal charge receives no legal assistance. This is a significant flaw in the Act that must be
remedied.
6.Speedy Disposal
It has been discovered that the number of pending cases in juvenile courts is increasing by the day.
As a result, it is recommended that cases be handled as soon as possible once the charge against the
juveniles is filed.

Separate and special observation homes for neglected and delinquent juveniles may be established,
14 taking into account their age and the nature and gravity of the offenses they have committed, for
temporary reception while an investigation into them under the Juvenile Justice Act is underway, in
order to avoid contamination with others.
According to the findings, although we have a solid juvenile justice system, there is a lack of
collaboration among the numerous organisations that make it up. Because various bodies work and
are controlled under separate ministries and departments, fragmentation emerged at the
implementation level. The importance of coordinated and collaborative efforts from all parties
involved should not be overlooked. People involved in the juvenile justice system at all levels,
9 including lawyers and judicial officers, are unfamiliar of the concept, law, and philosophy of the
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system. To attain the ultimate purpose of child welfare, the laws adopted must be efficiently enforced.
As services to children are no longer a charity, society must encourage children's engagement in topics
16 impacting their rights. The judiciary has played an important role in the proper and beneficial
implementation of juvenile justice legislation by analysing the clauses of Juvenile Justice Acts in order
to ensure greater advantage and alleviation to the maximum number of juveniles covered by the
beneficial and favourable legislation. A well-intentioned law that is properly and truly implemented
and understood in a visionary manner can drastically alter juvenile crime patterns.

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BIBLIOGRAPHY

PRIMARY SOURCES

1. Juvenile Justice (Care & Protection of Children) Act, 2000

2. Juvenile Justice (Care & Protection of Children) Act, 2015
3. The Apprentices Act, 1961
4. The Constitution of India, 1950
5. The Juvenile Justice (Care and Protection of Children) Bill, 2014
6. The Juvenile Justice (care and protection of Children) Amendment Act, 2021
7. The Juvenile Justice Act of 1986
8. The United Nation Convention on the Rights of the Child

SECONDARY SOURCES

Books & Articles

1. Abhilasha Belwal & Ashish Belwal, “Juvenile Delinquency in India” 308 BLR
(2016)
2. Chakraborty, Tapan, “Delinquency and Juvenile Justice System in India” in
John A. Winterdyk (ed.), The Juvenile Justice Systems: International
Perspectives, (Toronto: Canadian Scholars' Press 2nd edn. 2002)
3. Chatterjee, G. “The Reformation of Neglected and Delinquent Children in
British Raj: An Historical Overview”, in Material for National Workshop on
Neglected Children; by Prayas, Shramik Vidyapeeth and Delhi School of Social
Work, New Delhi, 2 (1992)
4. Clifford E. Simonsen and Marshall S. Gordon III, “Juvenile Justice in America”,
8 (Glencoe criminal justice series 1st edn. 1979)
5. Dr. A. Selva Kumar and Dr. G. Kaurnanithi, “Child Rights: Issue and
Problems”, 121, in Human Rights and Gender Justice (S. Gurusamy, 1st ed.,
2010).
6. Dr. H.O. Agarwal, “Human Rights”, (Central Law Publications, 15th ed., 2014)
7. Dr. T.H. Khan, “Juvenile Justice System in India: An Appraisal”,61 (Central
India Law Quarterly, vol. 7, 1994)

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8. Galan M. Janeksela, “Descriptive Analysis of five juvenile justice systems:

United States, Scotland, England, India and South Africa” 21 (International
Review of Modern Sociology, 1991)
9. Hartjen, A. Clayton & Kethineni, Sesha, “Comparative Delinquency India and
the United States” 36 (New York & London: Garland Publishing 1996)
10. Haveripeth Prakash D., “Juvenile Justice – A Hard Look”, 38-39 Int. Res. J.
Social Science (2013)
11. J.P. Sirohi, “Criminology Criminal Administration”, 119, (Allahabad Law
Agency, 15th ed., 1999)
12. K. D. Gaur, “Commentary on the Indian Penal Code”, 239 (Central Law
Publications, Justice P.V.Reddy 2nd edn 2019)
13. K. Kusum, “Juvenile Delinquency- A Socio-legal Study” KLM Book House
(1979)
14. K. M. Banham Bridges, “Factors Contributing to Juvenile Delinquency”,
531,17 Am. Inst. Crim. L. & Criminology (1926-1927)
15. Kashish Mathur, “Juvenile Delinquency in India Causes and Prevention”, LSI,
(2020)
16. Ms.Rajni Kohli & Ms. Kunjana Mittal, “Juvenile Delinquency in India”, 5-6
MMU, Mullana (2015)
17. N V. Paranjape, “Criminology and Penology with Victimology”, 284 (Central
Law Publications, 2015).
18. Nawaz Haque “Juvenile Justice System & its Delinquency in India”, LSI (2012)
19. P.M. Bakshi, “inaugural address”, (KLJ Vol. 7, 1981)
20. Pranjal Singh & Vaibhav Sangam Mishra, “The Juvenile Justice Amendment
Bill, 2021: to reinforce the provisions for the protection and adoption of
children”, iPleaders (2021)
21. Priyanka, “Critical evaluation of trial and punishment to juvenile’s in India”,
LPU (2017)
22. PSA Pillai, Criminal Law, 93 (LexisNexis, 14th edn. 2016)
23. R. N. Choudhry, “Law relating to juvenile justice in India”, the commentary on
The Juvenile Justice (Care and Protection Act 2000 as amended by Act No. 33
of 2006 along with Central and State Rules), (3rd edn. 2009).
24. S. N. Mishra, the Code of Criminal Procedure 1973, Probation of Offenders Act
and Juvenile Justice (Care and Protection of Children) Act, 515 (2012)

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25. Salmond, “Jurisprudence”, 27 (Universal Law Publishing, 12th ed., 1966)

26. Sarkar, C. “Juvenile Delinquency in India: an Etiological Analysis” 39-154
(Daya Pub. House, 1987)
27. Sharma B. R., “Juvenile delinquency in India – a cause for concern” 31 J Indian
Acad Forensic Med (2007)
28. Shruti Chaturvedi & Sorabh Dahiya, “Juvenile Delinquency: Estimating
Fearless Symbol and Fertilization”, IJLDAI [volume 3 issue 1] (2017)
29. Tanu Priya, “Reformative Theory of Punishment”, LLJ (2014)
30. Una Kirstine Hakvag, “Juvenile Justice in the Russian Federation”, 35
(University of Oslo, 2009)
31. Ved Kumari “Quagmire of Age Issues under the Juvenile Justice Act: From
Inclusion to Exclusion” 51 JILI (2009)
32. Ved kumari, “The Juvenile Justice in India: From Welfare to Rights”, (Oxford
University Press, New Delhi, 2nd end., 2010)

Reports

1. Human Rights Watch, “Adults before Their Time”: Children in Saudi Arabia’s
Criminal Justice System
2. Juvenile delinquency, World Youth Report, 2003
3. Prison Commissioners Report, 24 (1912)
4. The Child Rights Information Network, Inhuman sentencing of children in
Saudi Arabia, July 2010
5. The Indian Jail Committee Report, 1864
6. The Indian Jail Committee Report, 1920

Internet Sources

http://epgp.inflibnet.ac.in

http://www.childlineindia.org.in

http://www.ndtv.com

http://www.ohchr.org

http://www.un.org

http://www.un-org.

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https://blog.ipleaders.in

https://districts.ecourts.gov.i

n https://www.unicef.org.uk

https://www.unodc.org

https://www.yourarticlelibra

ry.com

shodhganga.inflibnet.ac.in

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