Juvenile Delinquency in India
Who is a Juvenile?
Before the passage of The Children Act, 1960, there was no agreement in India regarding the age limit for a minor offender, and each country had its definition of who should be considered a "Child." The Juvenile Justice Act of 2015 defines "child" as "a child under the age of 18," while the JJ Act of 1986 sets the age limit for boys and girls aged 16 and 18, respectively. In serious cases, however, the situation is aggravated by the fact that the child is 16 years old so that he or she can graduate.[1]
The Juvenile Justice Act of 1986 defines a “Child” as a person who, in the case of a boy, is not yet 16 years old and, if a girl, is not yet 18 years of age. In fulfillment of its international obligations, India repealed the Act and replaced it with The Juvenile Justice (Care and Protection of Children) Act, 2000, which eliminated the age difference between a boy and a girl and established the age of the child for alleged criminal violations. 18 years at the time of the crime.[2]
What is Juvenile Delinquency?
Juvenile delinquency is a crime against a young adult who can be sentenced to death or life imprisonment. Juvenile delinquency is a violation of the law on youth who have not been punished with death or life imprisonment.[3]
Legal Provisions under the current code
Various sections of the Indian Penal Code (IPC) work with children.
There are several caves for children, including the fact that they cannot be punished if they are under the age of IPC. Sections 82 and 83 of the Indian Penal Code provide for protection from persecution. Offenders under the age of 18 are given criminal fines. This protection can be seen in the context of child justice.
Article 82: Law for a child under the age of seven: No action for a child under the age of seven is an offense.
Article 83: The law on a child over the age of seven years but under the age of 12 years who is not mature enough to understand the consequences of his or her actions and behavior in the event: Protection for minors under 18 years of age.
If a child commits a crime and is known as an adult, he or she bears the full responsibility, according to the Indian Penal Code. However, the child is free to respond until the age of 18, or 16 in the event of serious offenses, according to the Juvenile Justice Act 2015. In the history of India, many laws have been passed to properly care for and protect the child. In addition, instead of spending time in prison, young people are sent to rehabilitation centers. Bihar Empire v. Mesh Singh Arvind Singh is the only defendant in this case. He was still young when the crime was committed. He was charged with murder under Section 302 read by 149 of the IPC, as well as injuring with a firearm under Section 324 read with section 148 of the IPC and using unlicensed firearms under Section 27 of the Arms Act, 1959. He was 13 years old at the time of the incident. The juvenile criminal was tried alongside adult defendants, and the court found them guilty of the crime. During the trial in ‘Trial Court or High Court,' the issue of the juvenile's trial under the Cr. P. C. was not raised.[4]
Juvenal Courts
The children's court often referred to as the children's court is responsible for dealing with children who have been a criminal, neglected, or abused person. Court hearings should be conducted freely with the father so that the child is treated in a pleasant and friendly manner. Under the Juvenile Justice Act and the Criminal Code Procedure Rules, children should not be brought before ordinary criminal courts; the purpose of the special court is to social and legal reform instead of punishment. The children's court considers two types of cases: civil cases involving the care of an abandoned child or a child whose parents cannot care for them, and criminal cases involving child misconduct. When it comes to courts for children, the Juvenile Justice Board will try them if they are found to be under 16 years of age. Magistrate or Chief Magistrate of Justice. The first-ever magistrates do not belong to the Chief Metropolitan Magistrate or Chief Justice. The two social workers are female social workers for at least seven years of health, education, or welfare, and are psychological, social, or legal. There could be a maximum three-year sentence. Second, if young people are 16-18 and have committed a serious crime in terms of the Youth Justice Act, 2015, the child will be prosecuted as an adult in the Children's Court. A children's court can be an existing child-related court or a special court designed to deal with cases in terms of the JJ Act. And it could impose sanctions for up to three years, but not death or imprisonment. If a young person is found guilty of an offense, he or she is sentenced to a prison term until the age of 21 years. The People's Justice Act of 2015 also requires the establishment of all sections of the Juvenile Justice Boards and Child Care Committees.[5]
- Dikshant Gupta (Legal Intern) Hamari Pahchan NGO
[1] Pradhan, Rohit, “Critical Analysis: Juvenile Justice Act, 2015”, 2020.
[2] https://www.yourarticlelibrary.com/essay/juvenile-delinquency/characteristics-of-juveniledelinquents-in-india/43994.
[3] https://blog.ipleaders.in/critical-analysis-of-juvenile-justice-act-2000.
[4] Pradhan, Rohit, “Critical Analysis: Juvenile Justice Act, 2015”, 2020.
[5] Azam, Md. Farman, “Juvenile Delinquency in India”, Burnished Law Journal, Volume 2 Issue 3, 2021, pg. 728-736.