AMITY UNIVERSITY CHHATTISGARH,

RAIPUR

AMITY LAW SCHOOL

TOPIC: JUVENILE DELINQUENCY IN INDIA

SUBMITTED BY: GAGANDEEP KAUR

COURSE TITLE: CRIMINOLOGY

COURSE CODE: LAW4113

ENROLMENT NO: A80601821029

SUBMITTED TO: MS.MEENAKSHI KAUSHAL

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 ACKNOWLEDGEMENT

Primarily, it would be my pleasure to express my sincere thanks to Ms.Meenakshi

Kaushal for his helping hand. His guidance and constant supervision for project are
responsible for attaining its present form. I am grateful to him for extension of her helping
hand towards me.

Then, I would like to express my gratitude to my seniors and my fellow classmates for
their whole hearted cooperation and support.

I would also thank my parents for their constant motivation and shall remain indebted to
them.

Lastly, I am thankful to each and every person who has contributed towards this project.

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 DECLARATION

I hereby declare that this project entitled “Juvenile delinquency in India” is completed
under the supervision of Ms.Meenakshi Kaushal and is the original piece of work of
undersigned.

All information provided here are to the best of my knowledge.

All information in this document has been obtained and presented in accordance with
academic rules and conduct. It is not submitted to any other organization for any other
purpose.

I am indebted to the authors of the books I referred for the project and the writers of the
articles of websites I relied upon.

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 CERTIFICATE

I am glad to submit this project as a part of my academic assignment. It is to certify that,

the original and genuine research work is carried out to investigate about the subject
matter and the related data collection.

I have taken proper care and shown utmost sincereness in this project.

Hereby I hope the project proves satisfactory to authorities and informative to readers.

Further, hoping that it up to the expectation of people in concern and is according to the
prescribed guidelines.

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 TABLE OF CONTENTS

1. Introduction
2. Meaning of juvenile and juvenile delinquency
3. Causes of juvenile delinquency
4. History and evolution of juvenile delinquency in India
5. Preventive programmes for juvenile delinquency
6. Suggestions and recommendations
7. Conclusion

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 JUVENILE DELINQUENCY IN INDIA

INTRODUCTION

Juvenile delinquency is the criminal activity charged by a person who is under the age of 18
years. In recent period these criminal activities are increasing rapidly due to many reasons
and circumstance. In most of the places juveniles charged with serious crimes, such as
robbery or murder which are transferred to criminal courts and tried as an adult. Sometimes
prosecutors make this decision, or sometimes allow transfers require a hearing to consider the
age and record of the juvenile, the type of crime, and the likelihood that the youth can be
helped by the juvenile court. As a result of a get tough attitude involving juvenile crime,
many counties have revised their juvenile codes to make it easier to transfer youthful
offenders to adult court.
In very simple words, juvenile delinquency is the participation in illegal activities by minors.
A juvenile delinquent is a person who is typically under the age of 18 and commits an act that
otherwise would have been charged and tried as adults. So it is quite clear that juvenile
delinquency is also a part of all those behavioural change that occurs in a person’s life while
passing the stormy phase of adolescence, though it is not found in every adolescent. The
degree of delinquency varies from one to another and it remain unnoticed unless and until the
particular act becomes the concern of the society. Since adolescence is the transitional period
of life, during this phase one passes through rapid revolutionary changes in one’s physical,
mental, moral, spiritual, sex and social outlook. They become emotionally unstable and
frequent mood change is observed. It is the period of anxieties, worries, conflicts and
complexities. Therefore during this period they do certain things in order to satisfy one need
or the other which often lead them to become delinquent.

Delinquent children belong to that category of exceptional children who exhibit considerable
deviation in terms of their social adjustment and are consequently also labelled as socially
deviant or social handicapped. They display criminal behaviour and are punishable under
legal procedure. Violation of social norms and values threaten the peace of the society, and
are therefore considered as criminal acts. The nature and kind of the crime may range from
very mild to severe, however, they are all antisocial, and hence are subjected to legal criminal

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acts. In these sense, they are very much like criminals and antisocial elements. In legal
terminology, however, they are referred to as delinquents and not as criminals. On whole,
juvenile delinquency is a legal term which denotes act of varying degrees of social
consequences from mere naughtiness to major assault punishable by law.

MEANING OF JUVENILE AND JUVENILE DELINQUENCY

Who is juvenile?
A juvenile is a person who is under the age of 18. The age limit below which it should not be
permitted to deprive the child of his or her liberty should be determined by the law. Juvenile
can be defined as the child who has not attained a age at which he, like an adult under the
law, can be held liable for his criminal activities. The juvenile is the child who is alleged to
have committed some act or omission on the part of the child declared as a crime. Juvenile
and minor in legal terms are used in a different context. The word Juvenile is used when
reference is made to the young criminal offenders and the word minor relates to legal
capacity or majority. To make the meaning more clear resort can profitably by made to some
other source. The concept of the juvenile varies from State of State for convenience.

What is juvenile delinquency?

Juvenile Delinquency is the involvement of a kid who is between the age of 10 and 17 in
illegal activity or behaviour. Adolescent misconduct is likewise used to allude to youngsters
who display constant conduct of underhandedness or noncompliance, in order to be
considered out of parental control, getting to be plainly subject to legitimate activity by the
court framework. Juvenile delinquency is also known as “juvenile offending,” and each state
has a separate legal system in place to deal with juveniles who break the law.

Juvenile Delinquents-Juvenile delinquents are regularly youngsters between the ages of 10

and 17 who have carried-out a criminal demonstration. There are two principal sorts of guilty
parties: rehash wrongdoers and age particular guilty parties.

 Rehash Wrongdoers– rehash guilty parties are otherwise called “life-course

constant wrongdoers.” These adolescent delinquents start culpable or hinting at

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 other solitary conduct amid pre-adulthood. Rehash guilty parties keep on engaging
in criminal exercises or forceful practices even after they enter adulthood.

 Age-particular guilty parties- Age-Specific Offenders indicate adolescent

reprobate conduct starts amid youthfulness. Not at all like the rehash wrongdoers,
in any case, the practices of the age-particular guilty party closes before the minor
turns into a grown-up.

The practices that an adolescent shows amid youthfulness are frequently a decent marker of
the kind of guilty party he will progress toward becoming. While age-specific offenders leave
their delinquent behaviour behind when they enter adulthood, they often have more mental
health problems, engage in substance abuse, and have greater financial problems than adults
who were never delinquent as juveniles.

In the case of Gopinath Ghosh v. State of West Bengal, the accused had given his age as
much above the cut-off age prescribed for being a child. However, in this case, the court not
only allowed the plea of child status to be raised for the first time but also referred the matter
to the session’s judge for a determination of the age of the accused. Approving this approach,
the Supreme Court in Rajinder Chandra v State of Chhattisgarh, further laid down that the
standard of proof for age determination is the degree of probability and not proof beyond a
reasonable doubt

Act of delinquency may include-

1. Running away from home without the permission of parents.

2. Habitual behaviour beyond the control of parents.
3. Spending time idly beyond limits.
4. Use of vulgar languages.
5. Committing sexual crime.
6. Visiting gambling centre etc.

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 CAUSES OF JUVENILE DELINQUENCY

Understanding the causes of juvenile delinquency is an integral part of preventing a young

person from involvement in inappropriate, harmful and illegal conduct. Four primary risk
factors can identify young people inclined to delinquent activities: individual, family, mental
health and substance abuse. Often, a juvenile is exposed to risk factors in more than one of
these classifications.

Individual Factors
Several risk factors are identified with juvenile delinquency. A minor who has a lower
intelligence and who does not receive a proper education is more prone to become involved
in delinquent conduct. Other risk factors include impulsive behaviour, uncontrolled
aggression and an inability to delay gratification. In many instances, multiple individual risk
factors can be identified as contribution to a juvenile involvement in harmful, destructive and
illegal activities.

Family Factors
A consistent pattern of family risk factors are associated with the development of delinquent
behaviour in young people. These family risk factors include a lack of proper parental
supervision, ongoing parental conflict, neglect and abuse (emotional, psychological or
physical). Parents who demonstrate a lack of respect for the law and social norms are likely
to have children who think similarly. Finally, those children that display the weakest
attachment to their parents and families are precisely the same juveniles who engage in
inappropriate activities, including delinquent conduct.

Mental Health Factors

Several mental health factors are also seen as contributing to juvenile delinquency. In is
important to keep in mind, however, that a diagnosis of certain types of mental health
conditions-primarily personality disorders – cannot be made in regard to child. However,
there are precursors of these conditions that can be exhibited in childhood that tend to end up
being displayed through delinquent behaviour. A common one is conduct disorder. Conduct
disorder is defined as & quote; a lack of empathy and disregard for societal norms. & quote;

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(Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, American
Psychiatric Association, 2004).

Substance Abuse Factors

Substance abuse is found in a majority of cases of juvenile delinquency, Two trends are
identified in regard to substance abuse and minors. First, juveniles are using more powerful
drugs today than was the case as recently as 10 years ago. Second, the age at which some
juveniles begin using drugs is younger. Children in elementary schools are found to be using
powerful illegal drugs. The use of these illegal substances or the use of legal substances
illegally motivates young people to commit crimes to obtain money for drugs. Additionally,
juveniles are far more likely to engage in destructive, harmful and illegal activities when
using drugs and alcohol.

HISTORY AND EVOLUTION OF JUVENILE DELIQUENCY IN INDIA

Prior to the enactment of the juvenile justice (Care and Protection of Children) Act, 2000
which came into force w.e.f. December 30, 2000, the juvenile justice Act, 1986 was the
governing law on the subject. Before this act was introduce w.e.f. October 2,1987 the
Children Act, 1960 was operative through the country The States were, however ,authorized
to enact their own laws for the care and protection of the delinquent children and juveniles. A
perusal of the working of the Children Act, 1960(subsequently repealed by j. j. Act, 1986)
would indicate that greater attention was required to be given to children who were found in
situations of social maladjustment, delinquency or parental neglect. It was deemed necessary
that a uniform juvenile justice system should be introduce throughout India which would take
into account all aspects of the social, cultural and economic change in the country. India,
being a signatory to the convention, drew up a comprehensive uniform legislation to replace
the ChildrenAct,1960 and the State enactments framed there under .Consequently Juvenile
Justice Act,1986 was enacted which came into force w.e.f. October 2,1987.

Stand of Indian Constitution

Article 15(3), Article 39 clause (e) and (f), Article 45 and 47, force an essential duty of
guaranteeing the necessities of kids and of securing their fundamental Human Rights. The

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General Assembly of United Nations received the Convention on Rights of the Child in
November 1989 and laid the norms to be trailed by all part States in ensuring the enthusiasm
of the kid. It additionally underscored on social reintegration of youngster casualties.

The Indian Penal Code Act, 1860 and Criminal Strategy Code, 1861 treating kid diversely
through different methodology. Act XIX of 1850, 1876 reformatory schools act, the Borstal
School Act, Children’s Act of 1920, and other state-specific legislation like Bengal
Children’s Act, Madras Children’s Act to address neglected and deviant children’s these laws
gave delinquents some special provisions regarding their Institutionalization and
rehabilitation.

The primary formal enactment on adolescent equity in India came in 1850 with the
Apprentice Act, 1850 which required that youngsters between the ages of 10-18 indicted in
courts to be given professional preparing as a component of their recovery procedure. This
demonstration was transplanted by the Reformatory Schools Act, 1897 along these lines gave
that youngsters up to the age of 15 might be sent to the reformatory cell, and later the
Juvenile Justice Act 1986 gave a uniform component of Juvenile Justice. This demonstration
was supplanted by the Juvenile Justice (Care and Protection) Act, 2000.

Different stages of legislation-

Juvenile Justice Act, 1986

Truth be told the indigenous speculation on Juvenile Justice has been staying informed
concerning the worldwide patterns in this field. With the reception of the United Nations
Standard Minimum Rules for the organization of the Juvenile Justice, India was the main
nation to advance its framework in the light of the standards articulated in that. Obviously,
alternate targets were to lay down a uniform lawful structure for Juvenile Justice, to give
towards a specific approach towards the counteractive action and control of adolescent
wrongdoing, to spell out the apparatus and framework for Juvenile Justice operations, to
build up standards and measures for the organization of Juvenile Justice, to create proper
linkages and coordination between the formal framework and deliberate offices and to
constitute unique offenses in connection to adolescents and to recommend discipline thereof.

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Keeping in mind the end goal to understand this objective, the Act soaks up the basic
components of all the due procedures and participatory models. The new law without a doubt
puts a difficult obligation on the state to properly outfit the assets from different segments of
financial advancement in guaranteeing the prosperity and welfare of adolescents and an
opportunity to recover from the struggle they went through.

Juvenile Justice (Care and Protection of Children) Act, 2000

The JJ Act 1986 required that the prior framework worked around the execution of the then
accessible Children’s Acts be rebuilt. Be that as it may, because of non-attendance of national
accord on the time span for such a rebuilding, the means were taken by a large portion of the
State Governments were still intensely shy of the declared objectives. So as to support and
institutionalize the approach towards adolescent equity with regards to the significant
arrangements of the Constitution of India and International commitments in such manner, the
Government of India re-enacted the Juvenile Justice (Care and Protection of the Children)
Act, 2000. For this, a Working Group was set up and the Act has been implemented since
April 1, 2001, to manage the kids inside its domain.

Juvenile Justice (Care and Protection of Children) Act, 2014

Adolescent Justice (Care and Protection of Children) Act, 2014 means to supersede the
existing Indian adolescent misconduct law i.e. Adolescent Justice (Care and Protection of
Children) Act, 2000, with the goal that adolescent criminals in the age gathering of 16– 18
can be attempted as grown-ups for genuine wrongdoings. It was passed on 7 May 2015 by the
Lok Sabha consistently and it is currently pending in the Rajya Sabha. Adolescent Justice
(Care and Protection of Children) Act, 2014 will permit a Juvenile Justice Board, which
would incorporate analysts and sociologists, to choose whether an adolescent criminal in the
age gathering of 16– 18 should attempt as a grown-up or not. The bill presented ideas from
the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country
Adoption, 1993 which were absent in the past demonstration. The bill likewise tries to
influence the selection to the procedure of stranded, deserted and surrendered kids more
streamlined.

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 PREVENTIVE PROGRAMMES OF JUVENILE DELINQUENCY

There may be two kinds of programmes for preventing the juvenile delinquency-

1. Individual Programme- Individual programme involves the prevention of

delinquency through counselling, psychotherapy and proper education.
2. Environmental programme- Environmental programme involves the employment of
techniques with a view to changing the socio-economic context likely to promote
delinquency.

These two forms of preventive approaches are reflected in the following strategies, which are
adopted in crime prevention programmes.

I. Individual Programme

a) Clinical Programme
The object of this clinic is to provide aids through Psychiatrists Clinical Psychologists
and Psychiatric Social workers to help the Juveniles delinquents in understanding
their personality problems. Taft and England have listed the function of clinics as
follows
 To participate in discovery of pre delinquents.
 To investigate cases selected for study and treatment.
 To treat cases itself or to refer cases to other agencies for treatment.
 To interest other against in psychiatrically oriented types of treatment of
behavioural disorders in children.
 To reveal the community unmet needs of children.
 To cooperate in training of students intending to specialize in treatment of
behavioural problems

b)  Educational Programme
The impacts of educational institutions are very significant in the countries where
almost every child going to school and preventive programme can be launched in an
effective manner through the schools. Teachers should not discriminate among the

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 students; they should be treated equally and provided the moral education which is
very helpful to the students for their life stand. Moral education is a significant factor
for the students, which decide their life. They should be able to understand the
difference between right and wrong ideas which are favourable for them and which
are not.

c) Mental Hygiene
This method is also helpful in prevention and treatment of Juvenile delinquency. To
prevent the mental conflict and to bring about a proper mental adjustment in
childhood and value of mental therapy in curing a mental disturbance cannot be over-
emphasized. The mission of life must be determined and energies must be directed
towards the fulfilment of the high mission. Development of high sentiment and values
in child also prevent Juvenile Delinquency. In October 1944, on occasion of
inauguration of the Indian Council for Mental Hygiene Dr. K.R. Masani, the then
Director of Indian Institute of Psychiatry and Mental Hygiene, said that the
application of mental Hygiene was wide and varied and in Education, Law, Medicine,
Public health, Industry, mental hygiene played an important role in preventing the
delinquency and crime.

d)  Parent education
Every community should ensure opportunities for parental educations, which will
help making good homes, improve family relationship, and education and care of
children. Some educational programmes inform parents on how to raise healthy
children.

e) Recreational programmes
The recreational programmes are a good check on delinquency. Recreation programs
enable youths to mix up with other adults and children in the community and develop
friendship. Such positive friendships may assist children in later years. Youth
programs are designed to fit the personalities and skills of different children and may
include sports, dancing, music, rock climbing, drama, karate, bowling, art, and other
activities. It is believed that the energies of youth can be very well channelized into
pursuits like sport games and other healthy activities, which would counteract
delinquent among the participants. The establishment of recreational agencies like

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 sports, playgrounds community centres, concerts drama, puppet shows are very
necessary for preventing the delinquency and developing social group work and youth
groups. In rural areas, recreational agencies should provide open air meeting halls,
playgrounds for sports and cultural activities. Youth organizations and
groups/agencies should take and assume the responsibility for organizing these
programmes so that Juvenile may be kept away from delinquency.

f) Removal of inferiority complex

Inferiority complex, fear, apprehension may sometimes lead the child to commit
crime under wrong and misplaced belief/impression of proving himself. Children
deserve encouragement to become confident and good spirited person.
Discouragement pulls them behind in their life. They should be properly to face
various good and bad phases of life and their failures should not be criticized. Praise
cheer, sympathy and love should be showered to banish inferiority complex.

II. Environmental programme

a)  Community Programmes
The basic aim of community programme is to reach the people in need of help instead
of people approaching the workers and agencies. Another significance of this
programme is that the participation of the local community is considered to be more
important and role of professional leadership is sought to be kept at the minimum
level. Marshal B. Clinard has outlined the key supposition of these programmes as
follows:
 Local people will participate in efforts to change neighbourhood conditions.
 And they do not accept an adverse social and physical environment as natural
and enviable.
  Self-imposed changes in the immediate Environment will have real
significance to the resident and consequently will have more permanent effect.

b) Publicity
This method can also be very useful in preventing the Juvenile Delinquency. The
newspapers, magazines, radio, television and motion pictures etc. should show the
juvenile delinquency in proper perspective honestly and should also present real

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 reports about the various wrong done by the juveniles and analyse its true causes and
also protect the juvenile against false and misleading reporting. The actual position
should be presented and produced before the society about their delinquent behaviour
so that they may be properly assessed.

c) Parental love and affection

Child needs unconditional, immediate and true love, care and protection of his mother
and father. On account of deprivation of such love and care the child may develop
frustration and dissatisfaction leading to crime. So parental love, care and protection
is very necessary for the child to prevent him for committing or doing the crime. So
parental love, care and protection is very necessary for the child to prevent him for
committing or doing the crime.

d) Family Environment
Family factors which may have an influence on offending includes the level of
parental supervision, the way parents discipline a child, parental conflict or
separation, criminal parents or siblings, and the quality of the parent-child
relationship. Many studies have found a strong correlation between a lack of
supervision and offending, and it appears to be the most important family influence on
offending.

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 SUGGESTIONS AND RECOMMENDATIONS

Children and protection had been accepted as the responsibilities of modern welfare. Through
social welfare programs and the JJ Act, States have undertaken the responsibility of ensuring
developmental opportunities to children living in conditions of want and showing signs of
social maladjustment. But the fragmented implementation and malfunctioning of the various
organs under the JJ Act have brushed off the basic fundamental principle of different policies.
Hence there is a need to transform this approach towards juvenile justice into a ‘system’ of
juvenile justice. The first and foremost requirement is to think clearly about the direction of
change.

1. Formulation of Minimum Standards- A child cannot develop into a normal

human being by the normal provision of food, shelter and clothing. It is necessary
to formulate minimum standards of services for various community and
institutional services for children under the JJ Act. The qualifications, salary
structure, staff pattern, the architecture of the building, and other factors should be
in accordance with the objective of providing alternative family care to the
juveniles, ultimately leading to their rehabilitation in society.

2. National Commission for Children– A national commission for children’s

welfare was suggested by the high-level committee constituted by the Supreme
Court in a public interest petition for basic facilities for children engaged in the
fireworks industry in Madras and Sivakasi in the early 1990s. The government has
reiterated its desire to constitute one on several occasions subsequently, but one
has still to be constituted.

3. Strategy for Change– Probation and other community-based programs cost less

than institutionalization. They should also be preferred for their potential for
ensuring better care and rehabilitation for juveniles. The state has paid some
attention to children but other more demanding pressure groups and priorities
deemed necessary have been able to divert the resources for their causes.

4. Special Training Programme-A special training program must be prepared and

the officers of the Board including the Principal Magistrate should be given
training of child psychology and child welfare.

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5. Sports and Functional Programmes-For better welfare of juvenile games, sports
and other functional programs may be organized in observation home and
institution and encourage the juvenile to participate in these programs so they
connect themselves with society. During festival seasons some cultural programs
should be organized in the homes for the inmates with the assistance of voluntary
organizations.

6. Education and Schooling– Schooling of the children in the homes up to the age
of 14 should be made compulsory. They should be given the best of the facilities
and opportunities like any Boarding school (hostel) making a course of moral
science and civics compulsory for those who are in homes. For the welfare of
juvenile, he must be allowed to go on leave and released on license during the
examination so that he can continue with his studies. Sponsorships should be
provided for the education of juveniles in good institutions. Personality
enhancement courses should be organized.

7. Courses and Seminars-Orientation courses, seminars and awareness programs

should be organized by government on juvenile justice on regular intervals to
enable the functionaries to imbibe the message discussed and conveyed to them.

8. Providing Assistance-A social worker may be associated with the investigation

made by the police officer. In the child cell, at least one lady police officer should
be posted.

9. Needed Change-Unless a more effective lobby is generated for children, it may

not be possible to bring about a change in the policy towards children whether for
the purposes of finding resources or for implementing the statutory provisions or
for a continuous review of policy and implementation patterns relating to children.

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 CONCLUSION

Children are all around us. They represent about a quarter of the world’s population. They are
not equipped to defend themselves; they must depend on what is given to them. They are
victims of circumstances. They bring us joy, they bring us tears, and they are our reason to
hope. They are your children, they are my children and they are the children of the world. In
India, one will find children starving for food, begging on the streets, deprived of basic
necessities of life and such children amounts to almost half of the total children in the
country. Now is the time when the intervention of the State is necessary for such matters.

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 BIBLIOGRAPHY

Recommended books:

1) Family Law Lexis Nexis

2) Juvenile Delinquency by K. Padmaja.

Recommended statues:

1) Constitution of India
2) Juvenile Justice Act, 1986
3) Juvenile Justice (Care and Protection of Children) Act, 2000
4) Juvenile Justice (Care and Protection of Children) Act, 2014

Recommended sites:

1) https://www.lawaudience.com/juvenile-delinquency-in-india-problems-and-remedies/
2) Legaldictionary.net/juvenile-delinquency/

3) www.legalservices.com

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