Abstract:
I said, “Juvenile delinquents eat chocolate cake, so chocolate cake must cause Juvenile delinquency, but nobody listened to me. I wasn’t on TV.” ~ STAN LEE.
The preceding line of the article must have made you think once about what Lee is thinking about.
What is Juvenile delinquency? How did it emerge? Should they be treated as major if they have committed such a heinous crime? And when a minor will be tried as a major for their act? What is the Juvenile Justice Act of 2015? What is the global perspective regarding Juvenile delinquents and how they are being prosecuted globally? Under what circumstances does a child choose to be a delinquent? And the most important thing is, what are the curative and preventive methods to avoid delinquency? What are the factors that can mould a molten iron like soft mind into a sword that beheads everyone who comes its way.
There must be numerous queries and curiosity must be rising in the minds of the people reading this article, and doubts they want to be cleared. I hope this article will help you.
Introduction:
“Delinquency” was first ever defined by James Samuel Coleman in the year of 1981 as:
“Behaviour by individuals under 18 that is acceptable to society and typically warrants some form of punishment or corrective or reformative action.”
Coleman has devoted several research subjects to the foundation of society and social norms, and one of his famous writings is The Adolescent Society, 1961.
Coming to the word. “Juvenile” originates from the Latin word Juvenilis, meaning Youthful, which itself comes from Juvenis, meaning young. The term was adopted into English in the early 17th century.
Now, whatever illegal act is committed by a minor who is below 18 is considered a Juvenile delinquent.
Now, what are the crimes that will fall under the ambit of the Delinquency Act? It includes acts like murder, rape, theft, and minor offences like truancy or vandalism and even property-related crimes such as Burglary, Robbery, Arson.
Juvenile delinquents worldwide:
Statutory provision in India:
The Manusmriti, the ancient Indian text, addresses Juvenile delinquency by advocating for a differentiated approach to punishment based on age and maturity, focusing on correction and rehabilitation. It recognizes that minors, due to their incomplete development, may not possess the same level of culpability as adults and should be treated with leniency and guidance.
In Islamic law, Sharia it also juvenile delinquency is primarily addressed by focusing on the concept of maturity rather than strict age-based definitions. As per the act, children who haven’t reached puberty are generally not held fully accountable for their actions.
The Code of Hammurabi, dating back to 1754, discussed runaways who disowned their parents and sons who cursed their father were severely punished.
The establishment of Ragging School took place during the colonial period in 1843, which primarily aimed to educate neglected students.
The first English law: The Apprentice Act, 1850, was the first law in India exclusively addressing Juvenile Justice, particularly for children in conflict with the law. It allowed courts to treat children who had committed petty offences as apprentices rather than sending them to prison and aimed to provide vocational training.
Then several statutory provisions later on enacted as such:
- The Indian Penal Code, 1860: Considering the section of DOLI INCAPAX means the incapability of a minor below 7 years of age to commit any such offence or the lack of criminal intent mens rea as if they are observed to lack such level of consciousness to commit such overt or heinous act.
- The Whipping Act, 1864
- The Reformative School Act, 1897
- The Juvenile Justice Act, 1886
- The Juvenile Justice Act, 2000
- The Juvenile Justice (Care and Protection) Act, 2015
The Juvenile Justice Act, 1986 was a landmark piece of legislation in the legal history of India, which primarily aimed to provide care, protection and rehabilitation to the neglected or delinquent Juveniles. It aimed at a very child-friendly approach, Rehabilitation and social reintegration. Set up specialized bodies or institutions like the Juvenile Justice Board, Child Welfare Committees. The act is based on the key principle of:
Offenders Not To Be Tried But To Be Corrected And Rehabilitated.
Yes, as if the children are the only future assets of the country, and if the assets are behind bars, then who is going to protect the future or run it even?
Landmark Cases
Several cases led to adding principles to the act, or even how to look at such a sensitive situation.
- Sheela Barse Vs UOI (1S8c):
The honourable Supreme Court held that children must not be confined to prisons or kept behind bars like adults, or be treated as criminals, as it might affect their growth and development not only physically but also mentally. - Pratap Singh Vs State of Jharkhand (2005):
The Hon’ble Supreme Court held that the date of occurrence of the crime is the criterion to determine the age of juvenility, rather than the date on which such a person was produced before the court. - Anjum Abdul Razak Menon Vs State of Maharashtra (2013):
The issue that was raised before the court was whether there is a conflict between TADA and the JJ Act. The court finally held that there is no overriding effect of Juvenile Justice over TADA. - Mukesh Kumar and another Vs State of NCT Delhi (2017):
The very infamous NIRBHAYA CASE that thrived and souls of not only Indians but worldwide as well. The rarest of the rare case where a minor was to be tried for committing such a heinous and shocking crime. After this case, only there an amendment occurred in the Juvenile Justice Act of 2000 and the JJ Act of 2015 came into existence, which said to try a minor as an adult if the crime that has occurred is insanely heinous and rare under specific circumstances. The hue and cry post the Nirbhaya case, for more stringent punishments for Juveniles involved in such crime. And then later on, several crimes were said to try the juveniles as adults if they committed such crimes.
Sections
| Sections (IPC, 1860) | BNS, 2023 | Headnote | Punishment |
|---|---|---|---|
| 121 | 147 | Waging war against the state, attempt and abetment. | Death penalty or life imprisonment |
| 195 | 231 | Giving fabricating and false evidence | Punishable with imprisonment for life or imprisonment |
| 302 | 103 | Punishment for murder | Life imprisonment or death penalty |
| 304B | 80 | Dowry Death | —— |
| 326A | 124(1) | Voluntary causing grievous hurt by use of acid | Up to 7 years of imprisonment and fine |
| 370 | 143 | Trafficking of Persons | Natural Life imprisonment and fine |
| 376 | 63 | Rape | 10 years to life imprisonment and a fine |
| 397 | 311 | Dacoity, Robbery with attempt to cause grievous hurt | Up to 7 years of imprisonment |
Procedure for Trying a Juvenile as an Adult
Now talking about the procedure for trying a juvenile as an adult, answering the most asked question.
With the due assessment of the juvenile by the physiatrist or psycho–social doctors who, with their tests, determine the following three things:
- Mens Rea and Physical Capacity
- Ability to comprehend the consequences of the done overt act
- Circumstances under which the crime was committed
After considering all three preceding things, the expert will give a certificate on whether to try them as an adult or not. The assessment is to be done by the Juvenile Justice Board, and that as well within 3 months. After the assessment, they will transfer the case to the Children’s Court.
Around the World: Trying Juveniles as Adults
- England and Wales:
The statutory provisions enumerated in the Powers of Criminal Courts (Sentencing) Act, 2000. If a juvenile is jointly charged with an adult, they should be tried as an adult. - Germany:
Children between the ages of 14 years to 18 years are to be tried in youth court. Imprisonment cannot be sentenced above 10 years or less than 6 months. However, if the juvenile is considered to be a very dangerous young criminal, then indefinite detention is allowed to be sentenced. - United States of America:
Anyone above the age of 13 years can be tried as an adult if he or she has a previous record of breaking the law.
A significant thing to note: No country has so far provided the death penalty to a juvenile for their heinous act.
The Famous Theory
“Criminals are not born, they’re made”
Criminals are shaped through their surroundings, the inhuman living conditions. There can be several factors that can compel a child with a soft mind to commit such offences. Every big crime starts with committing petty offences—from stealing a candy to committing theft or dacoity.
Several data and records mention that the children who have committed such a delinquent act or sin were having a really hard time due to poverty or not getting the guardianship that they should have for their proper nurturing. The wrong peer group, the curiosity of trying out new things, or what society calls having thrills in real life, all contribute.
Preventive Measures
The most effective way to prevent juvenile delinquency is early intervention with at-risk children and families.
Successful programs share key components:
- Education: Informs youth and parents about consequences, builds self-worth, and opens future opportunities.
- Recreation: Engages youth during high-risk hours and builds positive peer/adult relationships.
- Community Involvement: Encourages safe social interaction through organizations like Scouts and youth groups.
- Home Visitation by Nurses: Reduces abuse and delinquency through early support for low-income mothers.
- Parent-Child Interaction Training: Improves behaviour by teaching parenting skills in real-time settings.
- Bullying Prevention: Creates safer school environments via data-driven rules and counselling.
- Juvenile Justice System Programs: Offers rehabilitation, education, job training, and life skills.
- Nebraska Correctional Youth Facility (NCYF): A model facility combining education, work, counselling, and unique programs like “Project HEART” (inmate-dog training).
- Post-Detention Support: Programs like Functional Family Therapy (FFT) help prevent reoffending by strengthening family dynamics and communication.
Prevention is most effective when it is proactive, supportive, and family- and community-based, not punitive.
