SCHOOL OF EXCELLENCE IN LAW

A STUDY ON JUVENILE JUSTICE SYSTEM IN INDIA

A
REPORT
SUBMITTED TO
PROFESSOR DR. D. KANNAN

BY
NISHA
HB20094
Vth YEAR BCOM LLB (HONS)
‘B’ SECTION
CHENNAI- 600113
OCTOBER- 2024

STUDENT SIGN FACULTY SIGN

 TABLE OF CONTENT

S.NO TOPIC PAGE

1. Introduction 5

2. History of JJS in India 6

3. Difference between juvenile and child 7

International concern for juvenile

4. Doctrine of Doli incapax 8

Constitutional provision related to JJS

5. Juvenile justice act 2015 9

6. Highlight of the act 10

Background of the act

7. Claim of Juvenibility 12-13

8. Juvenile justice board 13-14

Child welfare committee

9. Causes of juvenile delinquency 14-15

What does Police play
10. Why juvenile commit crime 16-17

11. Case laws 17-20

12. Shortcoming of the act 21

13. Recommendation to JJ act 22

14. Conclusion 23

15. Bibliography 24
 DECLARATION

I Nisha, hereby declare that the assignment report entitled on ‘A study on

juvenile justice system in India’ submitted by me for the partial fulfilment
of the internal process of this semester examination, is a bona fide work
done by me, and I ensure that the same will not be submitted to any other
internal process of this examination.

SUBMITTED ON STUDENT
SIGN

SYNOPSIS

OBJECTIVE OF THE RESEARCH:

1. To analyse the present status of juvenile justice system in India as
compared to other countries.
2. To analyse the provisions of legal support to children regarding care
need protection and justice.
3. To find the reasons for the slow process of implementation of JJS in India
and explore the reasons for resistance to change.
4. To identify the gap in the implementation of JJS.
5. To suggest the reasons for improving the JJS and give suggestions for
effective enforcement of the act.

Statement of the Problem:

In this research paper, the primary issue analysed is how the children in
India are benefitted from the Juvenile Justice Act as, after all, it is
formulated solely for the children’s benefit since they are the assets of our
country who will take our country to soaring heights. The next issue
addressed is how the historical system of the juvenile justice in India has
evolved to its present form along with key importance to what were the
issues faced by the central level during the legislative process as well as
the normal structure of the Juvenile Justice System in India.

Survey of Existing Literature:

In this research paper a lot of books have helped in the overall research
for this important topic in law such as, The Juvenile Justice System in India
written by Ved Kumari who has helped me through his book for the overall
understanding of this crucial tropic that I have been working on. Not only
books but from recent works from the UNICEF and its statements I have
been able to understand and properly conclude my research work.
Further, online study portals such as Manupatra, Lexis Nexis and SCC
Online have helped me in finding cases related to this topic. The form of
research undertaken in this topic is Doctrinal research where the
information cited in this project has been from various articles and essays
related to this topic after clearly understanding and analysing the topic.

Identification of the Issues:

The issues that have strived to be addressed in this research project are:
1. How the Historical Development of this Act took place?
2. What was the process at the Central level during the Legislation period?
3. What had implemented under this Act?
Research Methodology Adopted:
In this research paper the research methodology adopted is doctrinal
where the information is based on the findings and written work of
authorised individuals related to this Field of law which includes works
such as published journals, articles, research papers. It has also been
possible to find cases related to this topic with the help of online study
portals such as Lexis Nexis, Manupatra, SCC Online through which it was
easier to find important cases related to this topic and also find what was
the held along with the final judgements on these cases.
Probable Outcome:
The probable outcome expected in this Research paper is to understand
the core of the topic of The Juvenile Justice System in India along with its
pros and cons. We should also be able to understand how this act had
been implemented into The Indian Constitution.
Chapterisation:
a) Introduction
b) History of juvenile justice system in India
c) Difference between juvenile and child
d) International concern for juvenile
e) Doctrine of doli incapax
f) Constitutional provision related to JJS
g) Juvenile justice act, 2015
h) Highlight of the act
i) Background of the act
j) Claim of Juvenibility
k) Juvenile justice board
l) Child welfare committee
m) Causes of juvenile delinquency
n) Case laws
o) Shortcoming of the act
p) Recommendation to JJ act
q) Conclusion

ABSTRACT

This is fortunate since, after Justice Verma's Committee's suggestion,

several significant legislative improvements have been made to safeguard
women and children from all sorts of exploitation, sexual assault, and
violence. The term "juvenile delinquency" has come up frequently in talks
about criminal legislation in the nation. The Child Justice (Care and
Protection of Children) Act of 2000 was designed to guarantee that
juveniles' rights are protected, and it lays out procedures to follow when
dealing with a juvenile who has broken the law.
The future of the person and the nation is the driving force behind the
legislation dealing to juveniles, since they are regarded the nation's
building blocks, carriers of humanity, and so on. A coin, however, always
has two sides. However, it is also an undeniable fact that juveniles commit
horrific acts just as heinous crimes are committed by adults, and they do
so in harshest imaginable fashions. The heinous Delhi gang rape case of
2012, as well as the Shakti Mills gang rape case, are enough to give
anyone goosebumps.
According to current statistics from the National Crime Record Bureau, the
number of teenage rape cases increased by 60% between 2012 and 2013.
The major goal of this article is to learn about the notion of juvenile
justice, as well as its evolution and regulations. To address this critical
issue, parliament passed the Juvenile Justice Care and Protection Act
2015, which mandates a comprehensive investigation. The topic of
juvenile delinquency is also discussed in this work. And, in terms of the
age of criminal responsibility, do you think it should be decreased for
major crimes like rape and murder?

Keywords:

“Juvenile justice, adolescent, abusing, delinquency, reason for

delinquency.”

Juvenile justice act,2015

INTRODUCTION
The Juvenile Justice system in India is based on the principle of reform and
rehabilitation rather than punishment. The system is aimed at providing
care and protection to children in need of it and rehabilitating those who
have committed an offense. The system aims to ensure that the child's
best interests are protected at all times and that their rights are
respected.
The Act provides for the establishment of Juvenile Justice Boards (JJB) and
Child Welfare Committees (CWC) at the district and sub-district levels to
deal with cases of children in conflict with the law and children in need of
care and protection, respectively. The JJB is responsible for determining
the age of the child and whether they have committed an offense, while
the CWC is responsible for the care and protection of children who are in
need of it.
The Act also provides for various forms of rehabilitation and reintegration
measures for children in conflict with the law, such as counselling,
education, vocational training, and community service. The aim is to
ensure that the child is not stigmatized and has the opportunity to
reintegrate into society as a responsible citizen.
Overall, the Juvenile Justice system in India aims to provide a protective
and rehabilitative environment for children in need of care and protection
and those in conflict with the law, while also ensuring that their rights and
best interests are protected.
With the recent developments in the international community and
subsequent emergence of the involvement of Juveniles in crime, the
Indian lawmakers are compelled to come forward with new, progressive,
and stricter laws for the concerned Juvenile system in the country. As a
result, the Juvenile Justice act of 1986 then Juvenile Justice act of 2000
and recently the Juvenile Justice act of 2015 was passed by the
Parliament.
The frightful incident of “Nirbhaya Delhi Gang Rape Case on December
16, 2012 shocked the whole nation and many debates were started
among legal fraternity and socialists. The main reason and issue of the
debate was the involvement of accused, who was just six months short to
attain the age of 18 years. The involvement of the accused in such a
heinous crime of rape forced the Indian Legislation to introduce a new law
and thus, Indian Parliament came up with a new law which is known as
“Juvenile Justice (Care and Protection), 2015. ”The Introduction of the Act
has replaced the existing juvenile laws and has introduced some
remarkable changes. One of the remarkable changes is juvenile under the
age group of 16 to 18 years should be tried as an adult.

HISTORY OF JUVENILE JUSTICE SYSTEM IN INDIA:

The history of the juvenile justice system in India dates back to the
colonial era when the British enacted the Apprentices Act of 1850. This act
allowed for the apprenticeship of children who were orphaned or whose
parents were unable to care for them.
 The act was amended in 1867 to provide for the protection of child
workers and apprentices. In 1891, the Bengal Children Act was enacted,
which provided for the establishment of juvenile courts and probation
officers. However, the act was limited in scope and only applied to the
province of Bengal.
After India gained independence in 1947, the Children Act of 1960 was
enacted, which provided for the establishment of juvenile courts and
probation officers in all states. The act aimed to provide for the care,
protection, and rehabilitation of children in conflict with the law.
In 1986, the Juvenile Justice Act was enacted, which provided for a
comprehensive legal framework for dealing with children in conflict with
the law. The act was amended in 2000, and again in 2006, to strengthen
the legal provisions for the protection, care, and rehabilitation of children.
In 2015, the Juvenile Justice (Care and Protection of Children) Act was
enacted, which repealed the earlier acts and provided for a more child-
friendly justice system. The act focuses on the rehabilitation and
reintegration of children in conflict with the law, rather than punishment.
Today, the juvenile justice system in India is governed by the Juvenile
Justice (Care and Protection of Children) Act, 2015, and aims to protect the
rights of children and ensure that they receive the care and support they
need to lead productive lives.
The main objectives of the act were:
1. The act basically laid down uniform framework for the juvenile
justice in country in such a way that it protects the right and interest
of juvenile.
2. It talks about the machinery and infra – structure for the care,
protection treatment, development and rehabilitation of the juvenile
offenders.
3. It set out the basic provisions for the proper and fair administration
of criminal justice in case of heinous crime done by juvenile
offenders.
Children act of 1960

DIFFERENCE BETWEEN JUVENILE AND CHILD:

A person under the age of full legal obligation and responsibility is a minor
or a person who is below the legal age of eighteen years is minor. A child
being accused of a crime is not tried as an adult and is sent to the Child
Care Centre whereas juvenile is a person between the age group of
sixteen and eighteen years. A young person who is been accused of crime
is a juvenile offender and is tried as adult in court proceedings. In general
sense both the term has same meaning but however difference lies in
context of implications in the eyes of law. Minor implies young and teen
persons whereas juvenile either indicates immature person or young
offenders.

INTERNATIONAL CONCERN FOR JUVENILE:

The General Assembly of the United Nations adopted the Convention on

the Rights of the Child on 20th November, 1989 which prescribe a set of
standard to be adhered to by all the States parties in securing the best
interest of the child. The International instruments and conventions have
contributed considerably to the issue of child rights and prevention of
child abuse. The International bodies like United Nations and UNICEF have
always paid more emphasis on the development of Child.
Following are the International Instruments and Conventions that are
signed by all the States of UN in order to protect the rights of Children:
1. UN Standard Minimum Rules for the Administration of Juvenile
Justice (Beijing Rules)
2. UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh
Guidelines)
3. UN Rules for the Protection of Juvenile Deprived of their Liberty
(Havana Conventions)
4. Guidelines for the Action on Children in Criminal Juvenile System
(Vienna Guidelines)

United nation convention on the rights of the child

20, November,1989

DOCTRINE OF DOLI INCAPAX:

The doctrine of ‘Doli Incapax’ means the incapability of committing a
crime. It finds its basis on article 40 (3) (a) of the United Nations
Convention on Rights of Child, that states that every country must
mention the minimum age for the children who should be exempted from
any kind of criminal liability because of their inability to decipher the
nature and consequences of the act.
For Juveniles falling under the age of 8 to 14 years, the prosecution has
the liability to prove the offence of the concerned child. The main aims of
this doctrine can be elucidated in the following points: A child should be
protected from the gravity of punishment inflicted upon him to his act. A
reformative approach should be adopted to make the child overcome his
paranoia.
A child that belongs to the age group of below 7 years, doesn’t possess
the mental capacity to analyse the consequences of his acts, he/ she may
lack the knowledge as well as the intention to commit a crime and mere
‘actus reus’ cannot be a ground for prosecution unless accompanied with
‘mens rea’.
Kakoo V. State of Himachal Pradesh: reduced the punishment of a 13-
year-old boy who had raped a 2-year-old girl. The court took into
consideration sec.83 and 84 of the IPC that Juveniles can’t be treated as
that of the adults. Thus, it is a very well-settled law that while dealing with
the Juveniles the court should consider reformative and humanitarian
approaches.

Article 40(3)(a) of united nation convention on rights of child

CONSTITUTIONAL PROVISIONS RELATED TO JUVENILE JUSTICE

SYSTEM:
The Constitution of India is considered as the fundamental law of India.
Constitution provides rights and duties of citizens. It also provides
provision for the working of the government machineries. Constitution in
Part III has provided Fundamental Rights for its citizens in the same
manner in its Part IV it has provided Directive Principles of State
Policies (DPSP) which acts as general guidelines in framing government
policies. Constitution has provided some basic rights and provisions
especially for the welfare of children. Like
 Article 15 gives the privilege to children by providing that the State
can make laws especially in favour of women and children.
 Article 21A has been inserted by the eighty-sixth Constitutional
amendment making right to education a fundamental right for the
children of the age six to fourteen years.
 Article 23 prohibits human trafficking and forced labour.
 Article 24 strictly prohibits the employment of children below the
age of fourteen years in factories.
 Article 39(e) being a Directive principle of State Policy gives the
direction to the State to secure that the tender age of the children is
not abused by entering into the jobs which are not suited for their
age or strength due to economic necessity.
 Article 39(f) further provides that State shall also try to secure that
the children are given opportunities and facilities in order to develop
in a healthy environment and also that they are protected from
exploitation and moral and material abandonment.
 Article 45 provides that the State shall try and provide early
childhood care and education to a child till he completes the age of
six years.
 Article 47 specifically provides that it is the primary duty of the
State to raise the level of nutrition and standard of living.
Therefore, the law makers while drafting the Juvenile Act, 2015 has
consider all the necessary provisions laid down by the Constitution so that
child’s rights are protected in all the possible ways.

Part 3- of constitution of India

JUVENILE JUSTICE ACT, 2015

The Juvenile Justice act of 2015 replaced the Juvenile Justice act of 2000
because there existed a need for a more robust and effective justice
system that focused on deterrent as well as reformative approaches. The
approach towards Juveniles should be different from that of adults, there
were contentions made in the Parliament that the Juveniles should be
given more space for transformation or reformation or improvement and
that is only possible when there’s a special justice system. Thus, the new
act i.e. the Juvenile Justice (care and protection of children) Act, 2015
focused on a Juvenile friendly approach of adjudication and disposition of
matters.
Some of the salient features are as follows:
 Section 2(12) of the Juvenile Justice (care and protection of children)
Act, 2015 gives the definition of the Child, meaning thereby that a
child is a person who hasn’t completed the age of 18 i.e. he/she is
below 18. The Act has given a classification regarding the term
‘Child’ namely “Child in need of care and protection” and Section
2(13) of the Juvenile Justice (care and protection of children) Act,
2015 that talks about “Child in conflict with law”.
 There was a clear distinction made regarding the facets of offences,
meaning thereby that categories were made terming the offences as
heinous, serious and petty. There have been specifications made
regarding the Juveniles who are between the age of 16-18, if any
kind of crime is committed by them then after due perusal of their
mental capacity, they can be tried as an adult.
 Introduction of Juvenile courts, meaning thereby that special courts
were to be established that will be trying the Juvenile offences only,
like that of the NDPS courts, courts dealing with POCSO, etc.
 With the coming of the 2015 Act, the scope of the definition of ‘Child
in need of care & protection’ was enhanced to another level by
considering the following points from the many mentioned in
Section 2(14) of the Juvenile Justice (care and protection of children)
Act, 2015;

1.Those whose guardians or parents are/ were unfit or uninterested

in taking care of the child.

2.Those who are/ were found performing works that are in

contravention to the labour laws.

3.Ones who have the imminent threat of marriage before attaining

the specified lawful age.

HIGHLIGHT OF JUVENILE JUSTICE ACT

Name of the act The Juvenile Justice Care and
Protection of Children act
 Date of passing 12 August 2014

Date of enactment 15 January 2016

Nodal Ministry Ministry of Women and Child

Development
Ministry of Women and Child To strengthen and amend the law
Development relating to children who are
alleged to be in conflict with the
law and children who are in need
of care and protection.
Minister of women and Child Mrs Smriti Zubin Irani (As of July
Development 2022)

BACKGROUND OF JUVENILE JUSTICE ACT

o In India, the first law to address children in conflict with the law was
the Apprentices Act of 1850. This act provides courts with the option
of treating children and youth who had committed offenses as
apprentices rather than locking them up in prison.
o The Reformatory Schools Act of 1876 was the second law that dealt
with juvenile offenders.
o Post-Independence in 1960, the Children Act was passed to provide
the care, maintenance, protection, welfare, education, training, trial,
and rehabilitation of abused and neglected children.
o In 1986, The Juvenile Justice Act 1986 was passed, which
established a single set of rules for the entire nation.
o As a result of India’s ratification of the United nation on right of the
child, which made it necessary to have a law that complied with the
Convention’s requirements, the JJA of 1986 was repealed in 2000.
o Finally, the Juvenile Justice Care and Protection of Children Act 2015
replaced the Juvenile Justice Care and Protection of Children Act
2000.

Repealed Juvenile justice act, 2000

CLAIM OF JUVENIBILITY
The very first and most debatable question among the legal fraternity and
socialists is the “claim of juvenility”. The claim of Juvenility is to be
decided by Juvenile Justice Board. The Board has to decide the claim of
juvenility before the court proceedings but the claim of juvenility can be
raised before the court at any stage of proceedings and even after the
disposal of the matter by the Board. The Board had to consider Rule 12
of the Juvenile Justice Rules, 2007 in order to determine the claim of
juvenility.

In case of Kulai Ibrahim v. State of Coimbatore, it was observed by

the Court that accused has right to raise the question of juvenility at any
point of time during trial or even after the disposal of the case under the
Section 9 of Juvenile Justice Act, 2015.

In case of Deoki Nandan Dayma v. State of Uttar Pradesh the court

held that entry in the register of school mentioning the date of birth of
student is admissible evidence in determining the age of juvenile or to
show that whether the accused is juvenile or child.

In case of Satbir Singh& others v. State of Haryana, Supreme Court

again reiterated that for the purpose of determination whether accused is
juvenile or not, the date of birth which is recorded in the school records
shall be taken into consideration by Juvenile Justice Board.

In case of Krishna Bhagwan v. State of Bihar, the court stated that for
the purpose of trial under Juvenile Justice Board, the relevant date for the
considering the age of juvenile should be on which the offence has been
committed.

In case of Arnit Das v. State of Bihar, the Supreme Court overruled its
previous decision and held that date to decide in claim of juvenility should
be the date on which the accused is brought before the competent
authority.

Rule 12 of Juvenile justice rules, 2007

JUVENILE JUSTICE BOARD

There shall be a constitution of Board for the purpose of inquiry and

hearing in the matters of juvenile in conflict with law.
The Board shall consist of Principal Magistrate and two social workers,
among whom one should be a woman. The Act provides that under no
circumstances the Board can regulate and operate from regular court
premises. The decision taken by the Principal Magistrate shall be final.
Special Procedure of Juvenile Justice Board: The Act has provided the
procedure against the juvenile offender. Followings are the main special
procedure –
1. The proceedings cannot be initiated on a complaint registered by
the police or citizen
2. The hearing must be informal and should be strictly confidential.
3. The offenders should be kept under Observation Home after
detention.
4. The trial of juvenile in conflict with law shall be conducted by lady
Magistrate.
5. A child in conflict with law may be produced before an individual
member of the Board, when Board is not sitting.

CHILD WELFARE COMMITTEE

The Juvenile Justice (Care and Protection of Children) act also provisions to
form Child Welfare Committee. This committee has a pivotal role to play
which can be explained in brief as follows:
 It is this committee which helps in the investigations of the cases in
which the child is involved.
 Furthermore, the child is sent to foster care through this committee.
The committee becomes a bridge between the child and the society.
 It helps the parents rethink before surrendering their child and
makes all the efforts in order to restore the abandoned child to their
family.
 When the Committee finds out that a child has been abandoned, or
is an orphan, it declares the child to be open for adoption.
 The children who sexually abused need a lot of care and support,
thus, this committee along with other institutions work in order to
provide proper medical, mental and legal support.
 CAUSES OF JUVENILE DELINQUENCY
Researches and Studies shows that they are various causes of juvenile
delinquency in India. Every person has different behavioural patterns so
as in case with children also. The behaviour patterns develop in early
childhood and at early stage it is very difficult to identify any kind of
behaviour. But as soon as, child grows up comes out to real world,
behaviour patterns change from time to time and many circumstances or
situation may arose the delinquent behaviour in them. Followings are
some of the causes of Juvenile Delinquency:

1. Adolescence Instability- The biological, psychological and

sociological are one of the important factors in the behaviour
pattern of adolescent. At this stage, teenagers become more
conscious about their appearances and fashions, enjoyment, food,
play and etc. And at this age, they want freedom and they wanted
to be independent but sometimes they are given any chances and
opportunity by their parents, teachers and elders this leads to
development of anti – social behaviour in them. Thus, this anti –
social behaviour, biological changes, psychological causes are some
of the reasons which are responsible for juvenile delinquency.
2. Disintegration of Family System- Disintegration of family system
and laxity in parental control is also the main cause of increasing
rates of juvenile delinquency. In normal cases divorce of parents,
lack of parental control, lack of love and affections are the major
factors of juvenile delinquency.
3. Economic condition and Poverty- Poverty and poor economic
condition is also considered has major contributing factor of
increasing juvenile crimes as result of poverty, parents or guardian
fails to fulfil the needs of the child and at the same time children
wants that their desires should be fulfilled by parents by hook or by
cook and when their desires are met, they start themselves
indulging in stealing money from homes or any other parents. And
this develop the habitual tendency of stealing which results into
theft at large scale.
4. Migration- Migration of deserted and destitute juveniles’ boys to
slums areas brings them in contact with some anti – social elements
of society that carries some illegal activities like prostitution,
smuggling of drugs or narcotics etc. These sorts of activities attract
the juvenile a lot and they may involve themselves in such
activities.
5. Sex Indulgence- The children those who have experienced sex
assault or any other kind of unwanted physical assault in their early
 childhood may develop any kind of repulsiveness in their behaviour
and mind. In this age they may become more vagrants or may want
to have sex experience. Too much of sex variance may lead the boys
towards the crime of kidnapping and rapes etc.
6. Modern Life Style- The rapidly changing society patterns and
modern living style, makes it very difficult for children and
adolescents to adjust themselves to the new ways of lifestyle. They
are confronted with problems of culture conflicts and are unable to
differentiate between right and wrong.

WHAT DOES THE POLICE PLAY

The Police in the Juvenile Justice System are known to be the gatekeepers,
meaning that they are the ones who have the power to make initial
decisions regarding how the case would be handled. The gatekeepers
enjoy a huge amount of discretion, as a result, only a few cases come up
from the plethora of acts committed and this is again a great matter of
ignominy. If a piece of information is received by the Police officer, then it
is a provision that they should be kept in special homes and not lockups or
jail, the matter is to be dealt with by a child welfare officer, who’ll be
reporting things to the Juvenile Justice board. In some of the cases, it is
also observed that the Police officer may on prima facie facts &
circumstances grant bail to the Juvenile. The main reason for the
appointment of a child welfare officer is because many of the research
works have shown that the interaction between the Police and the young
people are often characterized by high levels of fear, domination,
mistrust, dissatisfaction, etc. Police on the other hand sometimes behave
in a hectoring and stubborn way, which then results in the establishment
of negative perceptions. The aggressive, rude, abusive and uncooperative
behaviour by both sides is an imbroglio per se.

Www.ssrn.com

Why juvenile commit crime? What are the Causes of Juvenile

Delinquency?

School Problems
School problem is one of the causes of juvenile delinquency. There are a
variety of reasons related to schooling that can lead a minor to criminal
activity. Truancy is one of the main reasons. When a child misses a lot of
school, they do not reap the benefits of education or learn the discipline of
attending school each day.
Economic Problems
Lack of food, clothing or a secure place to stay can also lead to criminal
activity. Children will turn to steal when they are hungry. If a minor is in a
position to not have their most basic needs met, there is a high potential
for many types of criminal activity to take place.
Substance Abuse – Home Life
When there is a home life that has substance abuse taking place within
the home, there is a high risk for criminal activity by the minors in that
home. Crimes may be committed to getting necessities that are not being
provided, or they may be committed to helping their caregiver support
their habits. When substance abuse is in a home there is less guidance for
the minors as well
Physical abuse at home
When a child or teen is being physically abused at home it is not unusual
for them to act out when away from home. This is generally in the form of
more violent crimes against people or property. Assaults of all types of
vandalism are often associated with physical abuse at home.
Lack Of Adult Interaction
Children are influenced by those around them. That is the natural order of
things. Children who do not have an adult influence in their life to teach
them right from wrong, encourage them to stay within the law, or just be
a presence in their lives are more prone to criminal activity. An adult
influence helps children make the right decision in all situations.
Neighbourhood Influence
The people that the minor associates can have a dramatic effect on what
choices they make when they are away from home. Peer pressure is a
very real thing, and minors will often act out in front of their “friends” so
that they feel accepted and are a part of a group and ids reasons for
juvenile delinquency.
Substance Abuse – Personal
When there is substance abuse at home there is a high risk for substance
abuse in the minor and is one of the reasons for juvenile delinquency.
When a teen is using drugs or alcohol there is a significantly higher risk for
criminal activity. This is for two reasons. First, the minor will commit
crimes so that they can support their habit. The second reason is that the
decision-making process in the minor is altered and they may do things
that they have not actually thought through.

LEADING CASE LAWS

There have been several leading cases in the Juvenile Justice system in
India that have helped shape the legal framework and the approach
towards dealing with children in conflict with the law. Some of the notable
cases are:

1.Gopalanachari Makkapati v. State of Andhra Pradesh:

In this case, the Supreme Court of India considered the issue of the
punishment to be given to a juvenile offender who was found guilty of an
offense. The Court held that the objective of the Juvenile Justice Act of
1986 was to reform and rehabilitate the child in conflict with the law, and
that punishment should be seen as a means to achieve this objective,
rather than an end in itself.
The Court held that the Juvenile Justice Board should take into
consideration the age, character, and antecedents of the juvenile
offender, as well as the circumstances in which the offense was
committed, and then decide on the appropriate punishment. The Court
also emphasized that the focus should be on the rehabilitation and
reintegration of the child into the society.

2. Salil Bali v. Union of India:

The Supreme Court of India considered the issue of the constitutionality of
the Juvenile Justice (Care and Protection of Children) Act, 2000,
particularly with regard to the setting up of Juvenile Justice Boards and the
provisions for the detention and punishment of juvenile offenders. The
Court held that the Act was constitutional and that the establishment of
Juvenile Justice Boards was necessary to ensure that the rights of children
in conflict with the law were protected. The Court also emphasized that
the primary focus of the Act was on the rehabilitation and reintegration of
juvenile offenders into society, rather than punishment.
The Court further held that the detention of juvenile offenders should be a
measure of last resort and that they should be provided with adequate
facilities and services to ensure their care, protection, and education. The
Court also recognized the importance of keeping juvenile offenders
separate from adult offenders to prevent them from being exposed to
further harm.
Overall, the Supreme Court of India in Salil Bali v. Union of India upheld
the constitutional validity of the Juvenile Justice (Care and Protection of
Children) Act, 2000, and emphasized the importance of protecting the
rights of children in conflict with the law and providing them with the
necessary care, protection, and rehabilitation.

3.Jitendra Singh v. State of Uttar Pradesh:

In this case the Court held that the age of the juvenile accused must be
determined on the basis of medical examination conducted by a duly
constituted Medical Board. The Court also emphasized that the
determination of age must be made at the earliest possible opportunity to
ensure that the accused is dealt with in accordance with the law
applicable to juveniles.

4.International Association for Human Rights v. State of Bihar:

This case dealt with the issue of the poor conditions in juvenile homes in
Bihar. The Supreme Court directed the state government to take
immediate measures to improve the living conditions and facilities
provided to children in these homes. The Supreme Court of India took suo
moto cognizance of the poor conditions in shelter homes for children in
Bihar and issued various directions to the state government to improve
the living conditions, hygiene, and security in these homes. The Court
directed the state government to take immediate steps to ensure that the
basic needs of the children, such as food, clothing, and medical facilities,
were met.
The Court also ordered regular inspections of the homes by independent
agencies and directed the state government to take strict action against
those responsible for any violations. The case was initiated by the
International Association for Human Rights, but it was the Supreme Court
of India that took suo moto cognizance of the issue and issued the
directions.

5.Jarnail Singh v. State of Haryana:

In this case, the Court held that the provisions of the Juvenile Justice Act of
2015, including those relating to the age determination of juvenile
offenders, must be applied retrospectively. The Court held that juvenile
offenders who had been sentenced under the old law should be given the
opportunity for rehabilitation and reintegration.

6.NIRBHAYA CASE:

Case fact:
 One frigid December 16, 2012, a 23-year-old woman and her buddy
went to the movies. They took an auto to the Munirka bus terminal
after the play ended at 8:30 p.m., when they boarded a white
chartered bus headed for Dwarka.
 There were already six individuals inside the bus when the lights
abruptly went out.
 The woman’s companion was being abused by three men aboard
the bus, which resulted in a fight when her friend was struck
severely with an iron rod.
 Following their robbery of the couple, the six accused brought the
woman to the back of the bus where they viciously raped her again.
 Akshay Thakur, Pawan Gupta, Vinay Sharma, Mukesh Singh, Ram
Singh, and the Juvenile in Conflict with Law (Identity protected) were
the six accused in this case.

Held:
One frigid December 16, 2012, a 23-year-old woman and her buddy went
to the movies. They took an auto to the Munirka bus terminal after the
play ended at 8:30 p.m., when they boarded a white chartered bus
headed for Dwarka. There were already six individuals inside the
bus when the lights abruptly went out. The woman’s companion was
being abused by three men aboard the bus, which resulted in a fight when
her friend was struck severely with an iron rod. Following their robbery of
the couple, the six accused brought the woman to the back of the bus
where they viciously raped her again. Akshay Thakur, Pawan Gupta, Vinay
Sharma, Mukesh Singh, Ram Singh, and the Juvenile in Conflict with Law
(Identity protected) were the six accused in this case.
Criminal punishment: Under Section 120(B) IPC, Section 365 IPC,
Section 366 IPC, Section 307 IPC, Section 376(2)(g) IPC, Section 396 IPC,
Section 302 IPC, Section 395 IPC, Section 397 IPC, Section 201 IPC, and
Section 412 IPC the convicts were penalized.

Major Changes in the Criminal Justice System

 A number of irregularities in the legal system were exposed by the
Nirbhaya rape case, which also resulted in important reforms.
 The definition of rape was expanded to include new offenses such as
stalking, acid attacks, and voyeurism by the Criminal Amendment
Act of 2013 (Anti-Rape Act).
 The minimum punishment for rape was raised, particularly in
situations when the victim was left in a vegetative state or died.
 It was decided that victim characteristics had no bearing on rape
charges.
 In addition, the Juvenile Justice Act of 2015 addressed the issue of
juvenile offenders by lowering the age at which violent crimes like
rape can be tried as adults from 18 to 16.

AIR 1982 SUPREME COURT 876,

AIR 2017 SUPREME COURT 2161
AIR 2013 SUPREME COURT 3467

SHORTCOMINGS OF JUVENILE JUSTICE (CARE AND PROTECTION OF

CHILDREN) ACT, 2015:
While the Juvenile Justice (Care and Protection of Children) Act, 2015 has
improved the legal framework for dealing with children in conflict with the
law and those in need of care and protection, there are still some
challenges and issues with the implementation of the law. Some of the
problems with the present Juvenile Justice Act, 2015 are:

1.Lack of infrastructure and resources: One of the key challenges in the

implementation of the law is the lack of infrastructure and resources,
especially in rural areas. Many states do not have adequate facilities for
the care and rehabilitation of children in conflict with the law or those in
need of care and protection.
2. Delay in disposal of cases: Despite the provisions for expeditious
disposal of cases, there are still delays in the judicial process. This can
lead to prolonged detention of children in conflict with the law and can
impact their rehabilitation and reintegration into society.

3. Inadequate focus on prevention: While the law provides for

rehabilitation and reintegration measures, there is not enough focus on
preventive measures to address the root causes of juvenile delinquency.
This includes issues such as poverty, lack of education, and social
exclusion.

4. Lack of awareness and training: There is a lack of awareness and

training among stakeholders, including police officers, lawyers, and
judges, on the provisions of the law and the best practices for dealing with
children in conflict with the law. 5. Inconsistent implementation across
states: The implementation of the law varies across different states, with
some states having better infrastructure and resources for dealing with
children in conflict with the law than others. Overall, while the Juvenile
Justice Act of 2015 has made significant improvements in the legal
framework for dealing with children in conflict with the law and those in
need of care and protection, there are still several challenges and issues
that need to be addressed to ensure effective implementation of the law.

www.scconline.com

RECOMMENDATION TO IMPROVE THE JUVENILE JUSTICE (CARE AND

PROTECTION OF CHILDREN) ACT, 2015:
The Juvenile Justice Act, 2015 is a crucial legislation in India aimed at
addressing the needs and rights of children in conflict with the law.
However, there is always scope for improvement, and here are some
recommendations to strengthen the Act:
1. Age determination process: The Act needs to have a more accurate and
scientific method of age determination, especially for children who are on
the cusp of adulthood. The current method of relying on the birth
certificate or school records is not always reliable.
2. Rehabilitation and reintegration: The Act should emphasize more on the
rehabilitation and reintegration of children in conflict with the law into
mainstream society. The focus should be on providing education,
vocational training, and counselling to ensure that they can lead
productive lives.
3. Alternative forms of punishment: The Act should encourage the use of
alternative forms of punishment, such as community service, probation, or
counselling, instead of incarceration. This will help in reducing the
overcrowding of juvenile homes and also promote restorative justice.
4. Implementation and monitoring: The Act needs to be implemented
effectively, and its implementation should be regularly monitored. The
government should also ensure that there is adequate infrastructure and
resources for the effective implementation of the Act.
5. Child-friendly justice system: The Act should promote a child-friendly
justice system that ensures the child's rights are protected throughout the
legal process. This includes providing legal aid, counselling, and ensuring
that the child is not subjected to any form of abuse or violence.
6. Special provisions for children with disabilities: The Act needs to have
special provisions for children with disabilities who come in conflict with
the law. This includes providing appropriate accommodation, access to
health care, and specialized education.
7. Awareness and sensitization: The government should conduct
awareness and sensitization campaigns to educate the public, especially
law enforcement agencies, on the rights of children and the provisions of
the Act. This will help in preventing the violation of the child's rights and
ensure that justice is served.

In conclusion, the Juvenile Justice Act, 2015 is a step in the right direction,
but more needs to be done to ensure that the rights of children in conflict
with the law are protected.

CONCLUSION

The age determination process is not always accurate, and there is a need
for more comprehensive rehabilitation and reintegration programs for
children. The lack of infrastructure and resources in juvenile homes is
another challenge. Despite, these challenges, there have been some
positive developments in the juvenile justice system in India. The focus on
rehabilitation and reintegration is slowly gaining momentum, and there is
a growing awareness of the rights of children in conflict with the law.
The government and civil society organizations are also working towards
improving the infrastructure and resources in juvenile homes. In
conclusion, while there is still work to be done, the Juvenile Justice System
in India is an essential step towards promoting the rights of children and
ensuring that they receive the care and support they need to lead
productive lives. The increasing rates of juvenile crime in India in very
concerning issue and need to be focused upon. Although government has
laid various legislation and rules to stop the incidents of juvenile crimes
but the present laws on juveniles is not creating a deterrent effect on the
juveniles and thus the results are not fruitful and legislative intent is not
accomplishing.
The Juvenile Justice System aims to provide special treatment and
protection for juvenile offenders based on the understanding that children
are not fully mature like adults and may not fully comprehend the nature
and consequences of their actions. The system focuses on reform and
rehabilitation rather than punishment, considering the child’s best
interests.
The Juvenile Justice Act of 2015 in India replaced the previous legislation
to strengthen the justice system for juveniles, introducing provisions for
the classification of offences, the establishment of juvenile courts, and
expanding the definition of children in need of care and protection. The
Act emphasizes juvenile offenders’ care, protection, development, and
social integration.
The juvenile justice system is a system which provides an overall
development and protection for young children. It is a positive concept
that needs to be encouraged more and more for the benefit of the young
child, as young children do not have the capability of realizing right from
wrong so they cannot be held against them, however in my opinion there
should be laws that should be implemented so that the minors cannot
take advantage of any of the situation that they are in, after all the law
has to be equal to all.
www.ipleadersblog.com

BIBLIOGRAPHY

 Section 13 of The Juvenile Justice (Care and Protection of Children)

Act,2015
 Section 14 of The Juvenile Justice (Care and Protection of Children)
Act,2015
 Bare Act, The Children Act, 1960, Universal Publication, 12 th Edition
 Article 1 of the UN Convention on the Rights of Child, 1989.
 Prof. N.V. Paranjape, Criminology, Penology with Victimology, page
no:662, Central Law Publications, 17th edition,2017.
 http://shodhganga.inflibnet.ac.in/bitstream/
10603/37610/9/09_chapter%203.pdf
 Prof. N.V. Paranjape, Criminology, Penology with Victimology, page
no 673, Central Law Publications, 17th edition,2017.
 Section 2 (13) of the Juvenile Justice (Care and Protection) Act, 2015
 Section 47 of the Juvenile Justice (Care and Protection) Act, 2015
 Section 48 of the Juvenile Justice (Care and Protection) Act, 2015
 AIR 2014 SC 2726
 1997 i0 SCC 525
 AIR 2005 SC 3549
 AIR 1989
 AIR 2000 SC 748
 https://www.latestlaws.com/articles/overview-of-juvenile-justice-law-
in-india-by-chhaya-khosla/#:~:text=The%20Juvenile%20Justice
%20System%20in,Minimum%20Rules%20for%20Administration
%20of
 https://blog.ipleaders.in/juvenile-justice-system-india/
 http://www.lawyersclubindia.com/articles/Rehabilitaion-of-Juvenile-
Offenders-Steps-Implementations–5606.asp
 https://www.syndicatepost.com/empowerment/causes-effects-of-
peer-pressure
 http://www.legalservicesindia.com/article/1031/Juvenile-Justice-
System-&-its-Delinquency-in-India.html
 https://thelawbrigade.com/criminal-law/juvenile-justice-in-india/