Legal Express An International Journal Of Law ISSN 2394-465X

Vol.I, Issue-I November 2014

Trends Towards Juvenile Justice in India

*Dr. Janardan Kumar Tiwari

Child is the most important asset of any nation. They are the crucial element for the
prosperous of a nation. They are most vulnerable group in any society or state. Children are
exploited , ill treated and directed in to undesirable channels by antisocial element in the
community.1 When they are neglected or abused, participated in any criminal activities their
ethical moral and intellectual growth are curtailed. Now a days children are committing more
and more crimes in the prevailing cultural and social milieu.

Incidence of Juvenile Delinquent

Juvenile delinquent Juvenile have Committed Rape

Year
2001 16509 399
2002 18560 485
2003 17819 466
2004 19229 568
2005 18939 586
2006 21088 656
2007 22865 746
2008 24535 776
2009 23926 798
2010 22740 858
2011 25125 1149

2012 27936 1175

2013 31725 1316

Source: Crimes in India

*Assistant Professor ( Law) Institute of Law , Jiwaji University ,Gwalior( M.P.)

1
Dr. K. P .Singh , Juvenile Justice in India Implementation Barriers , Indian Police Journal, April- June 2011 p.105-
110

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Crime committed by juvenile have increased in the last decade. According to NCRB data 2013
crimes committed by juveniles to total IPC crimes was reported as 1.2%. The highest percentage
of crime reported by juvenile was reported under assault on women to outrage her modesty
132.3% then after insult to the modesty of women 70.5% and rape 60.3%. In the year
apprehended juvenile under IPC was 66.3% in the age group of 16-18 years. Out of the total
juveniles (43,506) involved in various crimes, 8,392 were illiterate and 13,984 had education up
to primary level. These two categories together accounted for 51.9% of the total juveniles
arrested during the year 2013. A large number of juvenile 50.2% belonged to the poor families
whose annual income was up to 25000 rupees.2 After Delhi gang rape case the juvenile whose
participation in this case was reportedly most brutal and gruesome was held guilty by juvenile
justice board and awarded punishment for three years and sending to special home. After this
voices of the public at large to reduce the age of juvenile is 18 to 16years and demanded the
capital punishment for juvenile who participated in the gang rape case. Millions were infuriated
and demanded for a stricter punishment for the juvenile for the henious crime committed by him
rape of a women inflicting injurious which ultimately led to her death.3

According to Psychologist family environment and neighboure circumstance are

responsible for the creation of character. The children behave those character which he have live
in the circumstances thus due to bad situation or environment children has gone to the criminal
activity and committed the crime .

In our country number of juvenile delinquent are increasing specially the lower economic
group children who have lives in jhuggi jhopri .These are quickly contact with the criminal group
because their parents go to the job and due to this they can not give proper care and protection of
his children. Not only low income group of children but the high income group of children are
also take part in criminal activities behind this their parent do not take proper care and time to
children they are busy in our life and business.

Most of the section of the society believe that the age of criminal responsibility should be
lowered and strict punishment should be imposed on the juvenile delinquents. Age should not

2
Crime In India 2013, National Crime Records Bureau, Ministry of Home Affairs, New Delhi
3
Saumyata Panwar , Juvenile Delinquency Laws in India and Emerging Issues. Retrieved from http:/ lex- warrier in
/2014/08/ juvenile delinquency_ laws in india_ emerging issues

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be the defense for crime committed by the juvenile. Some group of person advocated that the
maturity of juvenile is increased in present time. They understand better for their future and
understanding increases due to cultures, media influence social awareness and follow the fashion
of people. Some people wants to lowering the age of juvenile i.e. 18 to 16 years and juvenile
will be tried as normal procedure of law .

The Juvenile Justice ( Care and Protection of Children ) Act 200 is one of the important
legislation dealing with children in need of care and protection and children in conflict with law.

Juvenile or child means a person who has not completed eighteenth year of age.4 It is clear that
juvenile are those child who has not attained the age of 18 years. Juvenile Justice Act not
discriminate between boy and girl child on the basis of age or gender.

Rapid population growth, unavailability of housing, lack of support, poverty,

unemployment among youth, frustration ,overcrowding in poor urban areas, disintegration of the
family, ineffective educational system are of the some pressures to young persons must deal
with.5 The severity of juvenile offences are generally determined by the cultural social and
economic condition of the country. Juvenile offences are increasing day by day. The youth
person below the age of 25 years are mostly committing the crime. Due to consequences of
social and economic development most of the youth involvement in criminal activity.

As we know that the criminal is not born but made. The crimes are committed by the
children are forced by the circumstances like poverty, population broken family, cultural conflict
understand the nature and consequences of the act they do.

Belgium social statistician Adolphe Quetelet about two centuries ago observed that
adolescents particularly young males are prone to crime , disorder and delinquency because of
their childish impulsiveness or adolescent conflict. To quote him “ the propensity to crime is its
maximum at the age when strength and passions have reached their height, yet when reason has
not acquired sufficient control to master their combined influence”.6

4
Section 2(K) of Juvenile Justice Act 2000
5
Juvenile Delinquency Retrieved from www.org/esa/socdov/uny.in/document/ch07.pdf
6
Dr.N.V.Paranjape, Criminology and Penology, Central Law Publication ,Allahabad 2012 p. 570

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Future of nation depends on youth generation. Children are most vulnerable group of the
country. Children deserve compassion and bestowed with best care and monitoring because of
tender age, immaturity. He is easily motivated by what he sees around him. It is his environment
and social contest that provokes his actions.

In recently children have committing more crime and due to this Govt. and society
having receiving more attention regarding that problem. If no proper growth of children the
future will be dark of the Nation. Children are easily attracted to the temptations of life and lend
in to criminality. It is said that child of today is the citizen of tomorrow. If the criminal tendency
of children is not curbed timely they turn in to habitual criminal in the future life.

Juvenile Justice ( Care and Protection of Children ) Act 2000 has been enacted with a
view to provide a comprehensive legislation for proper care Protection and treatment of the
children for their development and friendly behavior of their matter adjudicated in the best
interest of children.

The children criminal liability is a debatable issue in the area of criminal law. The main
problem is the circumstances in which a child can be considered to be responsible for criminal
act committed by him.

Children are considered to be doli-incapax or incapable of understanding the

consequences of their action. The general proposition that the children below a certain age is
incapable of distinguish between right and wrong. Section 82 of the Indian Penal Code
completely makes in infant below 7 Years of age immune from criminal liability i.e. child below
this age is considered doli- incapax in law. According to Section 83 of The Indian Penal Code
nothing is an offence if it is committed by child aged between seven to twelve year if the child
has not attained sufficient maturity to understand the nature and consequences of his act. Thus
it is clear that child of 7-12 years is liable of his act if he has understand the nature and
consequences of the act committed by him.

The question arise that the child above the age of 12 Years is liable of his act . The
Juvenile Justice (Care and Protection of Children) Act 2000 protected the children below the age
of 18 years who has committed the offence . Recently most of the juvenile are committed serious
offences like rape, molestation, theft, murder or committing the offence of rape for satisfy his
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lust or take the revenge . A debatable question arise if the juvenile committed serious offences
are treated as adult crime and give adequate punishment. Society crying for the adequate
punishment like adult crime. But differences between crime done by the adult criminal and crime
done by the juvenile. A child does a wrong not knowing the consequences of the act done but
the adult criminal commits crime with full understanding of nature and consequences . Due to
this reason crime done by a young child cannot be adjudicated in the same line as a crime done
by adult . For this every country has framed some special provision to eradicate juvenile
delinquency from the society.

While generally treating eighteen to be the age till which a person could be treated to be a
child, it also indicates that the same was variable where national laws recognize the age of
majority earlier. In this regard, one of the other considerations which weighed with the
legislation in fixing the age of understanding at eighteen years is on account of the scientific data
that indicates that the brain continues to develop and the growth of a child continues till he
reaches at least the age of eighteen years and that it is at that point of time that he can be held
fully responsible for his actions. Along with physical growth, mental growth is equally
important, in assessing the maturity of a person below the age of eighteen years. 7

After the Delhi Gang rape case society crying for revisiting the Juvenile Justice Act 2000
to disseminate the age factor would not be ground for showing leniency for henious crimes
committed by juveniles.

When an offender the age of under 18 years commits murder or sexually abuses a
member of women folk or brutally raped her in order to fulfill his sexual desire to my mind can
be reformed. It is impossible to reform because the born attitude cannot be change by giving
group counseling to him to get back the main stream .

There is a great deal of scientific evidence to establish that adolescence is a period in

which the brain is continuously evolving and changing.8

7
Salil Bali Vs Union of India and Another’s7 W.P.(C) No. 10 of 2013, Retrieved from
http://online.wsj.com/public/resources/documents/SupremeCourt.pdf
8
The Hindu Magazine , Weekly Edition, Dated 2-11-2014

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A teenager is unable to exercise self-control or exhibit the social and emotional maturity
the way he may when he grows in to an adult , nor be able to evaluate the consequence of
different options . This is compounded by the experience that many children are drawn in to
crimes because of cruelty and neglect in the hands of adults, both those who are responsible for
their protection and care , and those in the larger world . The truth is that a child’s acts of
violence are mostly located not in irreversible criminal resolve but in adolescent confusion and
immaturity and in adult neglect and brutality .9

But the Juvenile Justice Act 2000 is protected the juvenile in conflict with law are urgent
need to provide proper justice to society. Considering the criminal activities and attitude of
committing crime by the juveniles. In my opinion if the juvenile perpetrator who commits a
brutal offence akin an adult offender must be allowed to claim the juvenility and the govt.
determine appropriate punishment but the main aim should be rehabilitation and reintegration of
child in the society. Juvenile having committed a grossly adult crime it would not be tried as a
major.

To main goals drive the nations juvenile justice system protecting both public safety and
the welfare and rehabilitation of young offender who break the law. State juvenile justice
policies require balancing these interests while also preserving the rights of juveniles.10

The juvenile justice system of any country depends upon the national judicial system.
Juvenile justice system is specially designated to protect and promote the interest of children,
The main aim of juvenile justice is to provide adequate opportunity so that a child may develop
into a normal law abiding citizen.11

He Juvenile Justice ( Care and Protection of Children ) Act 2000 has given exclusive
jurisdiction of children court while dealing with juvenile accused in respect of all offences and
prescribe special procedure in the inquiry and trial of such cases.

Section 360 of the Criminal Procedure Code 1973 provides that a person below twenty
one years of age is know as first offender and is not to be tried in a criminal court through the
9
The Hindu Magazine , Weekly Edition, Dated 2-11-2014
10
Sarah Alice Brown,Trends in Juvenile Justice state legislations 2001-2011, Retrieved from www.nesl.org
11
Dr. S.K. Chatterjee, Offences Against Children and Juvenile Offence, Central Law Publication Allahabad,2013
p.262

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ordinary procedure. Rather he is to be dealt with and corrected through special methods of
treatment under the law. The object is to segregate the young offender from hardened criminals
and therefore this section. Categorically says that “nothing in this section shall affect the
provisions of the Probation of Offenders Act,1958 (60 of1965) or any other law for the time
being in force for the treatment , training or rehabilitation of youthful offender”.12

Juvenile in conflict with law are triable by Juvenile Justice Board not the criminal courts
Section 27 of Criminal Procedure Code 1973 states that “ Any offence not punishable with death
or imprisonment for life committed by any person who at the date when appears or is brought
before the court is under the age of sixteen years may b e tried by the court of a Chief Judicial
Magistrate or by any court specially empowered under the Children Act 1960 ( 60 of 1960) or
any other law for the time being in force providing for the treatment ,training and rehabilitation
of youthful offenders”.

The Juvenile Justice Act 2000 provides for establishment of Juvenile Justice Board for
disposing the matters of Juvenile in Conflict with Law. Under Juvenile Justice Act during the
pendency of the juvenile in conflict with law is placed in observation home in which juveniles
are kept in three separate groups according to age i.e. 7-12 years, 12-16 years and 16-18 years
giving due consideration to their physical and mental condition and the degree or gravity of the
offence committed by them.13

Section 8 of JJ Act 2000 provides the establishment of observation homes for the
temporary reception of the juvenile in conflict with law during the inquiry and trial of his case.

Section 9 of JJ Act 2000 provides Special Homes for juvenile who are found guilty of an
offence. The main object of Special Home is to provide for rehabilitation of the juvenile whose
guilt has been proved. The Juvenile in special homes are classified in different categories
according to their age, gravity and nature of the offence, physical and mental health condition
etc. and are kept separately.14

12
Dr. S.K.Chatterji supra p.261
13
Section 8(4) of Juvenile Justice Act 2000
14
Section 9(4) of Juvenile Justice act 2000

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According to section 10(1) of the Juvenile Justice Act 2000 as soon as a juvenile in
conflict with law is apprehended by police he shall be placed under the charge of the special
juvenile police unit or the designated police officer , who shall produce the juvenile before the
Board without any loss of time within a period of twenty four hours of his apprehension
excluding the time necessary for the journey, from the place where the juvenile was apprehended
to the Board, provided that in no case a juvenile in conflict with law shall be placed in a police
lock-up or lodged in jail.

Placement of a juvenile in a Special home is under the law restricted to a period of 3

Years. During the stay in the special home a juvenile should be able to avail of education or
vocational course depending upon the child’s aptitude as also facilities for sports and co-
curricular activities such as music, painting reading drama, yoga etc..An incarurated juvenile
must benefit from his stay in a special home as otherwise his detention will amount to
punishment and the object of juvenile legislation will be defeated.15

The Supreme Court of India, in judgment delivered in July 2013 and March 2014
supported the position that all children accused of crimes must be tried under juvenile justice
laws. In the Salil Bali Vs Union of India and Another’s
16
W.P.(C) No. 10 of 2013, the Court Stated that “
the age of 18 has been fixed on account of the understanding of experts in child psychology and
behavioural patterns that till such an age the children in conflict with law could still be redeemed
and restored to mainstream society”.

The purpose of punishment especially of a child offender , should be to facilitate his

reform, not to take revenge on him. But a jail is not a place in which a young adult will learn
responsible citizenship, instead it is more likely to be tutor and induct him into adult crime . The
amendments therefore pave a course that would render the adult world not safe but more
insecure and uncaring. 17

15
Maharukh Adenwalla, Child Protection and Juvenile Justice System for Juvenile in Conflict with Law, Childline
India Foundation, Mumbai 2006 p.70
16
Salil Bali Vs Union of India and Another’s16 W.P.(C) No. 10 of 2013, Retrieved from
http://online.wsj.com/public/resources/documents/SupremeCourt.pdf
17
The Hindu Magazine , Weekly Edition, Dated 2-11-2014

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Bail is the right of the juvenile in every case. According to Section 12(1) of the Juvenile
Justice Act 2000 juvenile should be released on bail as a general rule and should be sent to jail
only in special cases . Bail can be granted in every case even by the officer in- charge of the
police station. The police were obligated to place a juvenile only in the observation home and not
in a place of safety. Bail can be refused to the juvenile by the board only for the such reasons-

(i) Juvenile could not be released on bail if such release exposed him to moral,
physical or psychological danger
(ii) The release of juvenile is likely to bring him in to association with any known
criminal.
(iii) His release would defeat the ends of justice.

18
The Supreme Court in Gopinath Ghosh Vs State of West Bengal observed that when a juvenile is
brought before the juvenile court( Now Juvenile Justice Board under JJ Act 2000) and in the
opinion of the court after release on bail he is not likely to fall in company of hardened or known
criminals or exposed to physical, mental or psychological danger or his release is not going to
result in failure of justice, the bail should be granted to him and he should be released.

Juvenile Justice system emphasis on future of the juvenile rather than on punishment for
past misdemeanors. Juvenile Board passed an order after inquiry for reformation and
rehabilitation to the juvenile this is the main intent of the Juvenile justice system.

When on inquiry the board is satisfied that the juvenile has committed an offence, the juvenile
board has passed the following orders

(i)the juvenile to go home after advise or admonition

(ii)Direct the Allow juvenile to participate in group counseling and similar activities
(iii)Order the juvenile to perform community service
(iv)Fine, if he is over fourteen years of age and earns money
(v)Direct the juvenile to be released on probation of good conduct and placed under the care
of any parent, guardian or other fit person for not exceeding three years

18
(1984) SCC (Cri) 478

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(vi)Make an order directing the juvenile to be sent to a special home for a period of three
years.

According to Section 16 of JJ Act 2000 Juvenile Justice board can not make the order against the
juvenile who is found guilty of an offence

(i) an order awarding death sentence or

(ii) an order awarding the sentence of imprisonment for life
(iii) an order for imprisonment in default of payment of fine
(iv) an order for imprisonment in default of furnishing security

The purpose of these provision is to prevent the juvenile from contamination and
stigmatisation.

Juvenile justice system emphasis on future of the juvenile rather than on punishment for past
misdemeanors . After inquiry the J JBoard passed and order to reformation and rehabilitation of
the Juvenile. This is the main intent of juvenile justice system.

The Supreme Court in Salil Bali Vs Union of India and Anothers 19 held that the age should not be hampered
with and rejected to lower the age. The court observed that The age of eighteen has been fixed
on account of the understanding of experts in child psychology and behavioural patterns that till
such an age the children in conflict with law could still be redeemed and restored to mainstream
society, instead of becoming hardened criminals in future. There are, of course, exceptions where
a child in the age group of sixteen to eighteen may have developed criminal propensities, which
would make it virtually impossible for him/her to be reintegrated into mainstream society, but
such examples are not of such proportions as to warrant any change in thinking, since it is
probably better to try and re-integrate children with criminal propensities into mainstream
society, rather than to allow them to develop into hardened criminals, which does not augur well
for the future.

The age of 18 has been fixed as a threshold of adult responsibility for crimes because
experts in child psychology have found that , until such an age , children in conflict with law
could still be redeemed instead of becoming hardened criminals in the future. 20

19
Retrieved from http://online.wsj.com/public/resources/documents/SupremeCourt.pdf
20
The Hindu Magazine , Weekly Edition, Dated 2-11-2014

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Conclusion

Juvenile justice is based on the principle of reformative justice and not an retributive
justice. Thus any law is good or bad as its enforcement . The Juvenile Justice Act 2000 is the
best law for the care and protection of children. Juvenile justice system tries to wipe out the
delinquency problem with the help of reformation instead of punishment. But it should kept in
the mind by the reformatory agencies the problem will get a solution if the reform only to the
delinquent child, but the society has change our mind for this purpose. The nature and character
of child depends upon the nature and character of his parents. The parents nature depends upon
the society . Thus we should change or reform the whole society regarding the delinquent
juvenile etc. Children need to be protected if the civilization has to progress in the right direction
. Juvenile justice is based on the principle of reformative justice and not an retributive justice.
Child should be dealt with a soft way and opportunity should be given to children to reform and
rectify himself .

Rights of children need to be protected if the civilization has to progress in the right
direction. Sensitization of those who are given the responsibility of protecting interests of
children is urgently required.21

Several Supreme Court rulings mandate that child offenders should be ensured
opportunity to realise their mistakes and rebuild their lives . A child , even when he loses his way
merits adult protection , nurturing and guidance , not our condemnation, retribution and cold
punishment.22

Thus we conclude that today’s children are tomorrow’s citizens. A single accident may
turn the life of child to destruction, violence instability and danger to the society, if he has not
been treated with care and caution. The children became a good, obedient and loyal citizen take
part in the nation building if they have proper care attention and training. Our liability to rescued
becoming hardened ones to children. This can be achieved to the education, moral, religious and
secular training treatment and correction and rehabilitation of the child. In the member of the

21
Dr. K. P .Singh , Juvenile Justice in India Implementation Barriers , Indian Police Journal, April- June 2011 p.105-
110
22
Harsh Mander, Unfair Trials, The Hindu Magazine , Weekly Edition, Dated 2-11-2014 p.2

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society it is paramount importance to us we must devote full attention to ensure that the children
are properly cared for so they have go to rightful place or direction in the society. For this we
have spread awareness on the problem faced by all of us in the society.

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