This piece of writing is authored by Oishika Banerji and further updated by Mohd Atif Zakir. It covered several aspects of juvenile crimes that occur in India. It further delves into a comprehensive analysis, conceptual clarity, various types, and the reasons contributing to the high statistics of juvenile crimes in India.

Introduction

In India, juvenile crime is a grim reality that every individual faces in their day-to-day life. Hundreds of times the word juvenile is seen and heard in newspapers, media reports, and the incidents that take place in society. The statistics of crimes committed by juveniles are rapidly increasing, and some of them are brutal and heinous. However, the legal framework in India has some relaxation when such offences or crimes are committed by a person who is a juvenile.

Juvenile refers to a child who has not reached the age at which they may be held accountable for their criminal activities in the same way as an adult. The age a person for considered a juvenile must be less than eighteen years, for the crime he commits a crime which is penalised by any enforced law. For referring to a young criminal offender who is involved in any criminal activities, there is a term “juvenile” that is used in the legal language for denoting such an offender.

As a result, a juvenile is a child who is accused of doing certain acts or omissions that are illegal and have been classified as such by penal laws enforced in this nation.

Juveniles have been proven to be involved in terrible crimes such as kidnapping, abduction, robbery, rape, murder, and gang rape. Although the causes of criminal conduct in children are complicated, delinquency is fairly foreseeable early in the lives of certain youngsters. Some experts point out that the current laws are not enough to deal with the problem, and there are some amendments effectively required for juveniles to prosecute them and to sentence them as we do to adults for committing severe crimes against society. However, there are some opposing viewpoints and factors for the same.

Now, let’s understand juvenile crimes in India in detail. First, we are going to start with the meaning of juvenile crimes in the Indian context.

Meaning of juvenile crimes

Juvenile crime is the category under which criminal conduct is committed by a child. These punishable acts performed by children at such a young age are considered child crimes in the judicial system. The question of finding out who can be considered a child is what we have to determine. To find out whether we need any fixed age line? In our nation, we can say that children of various ages are categorised as child offenders which we are going to discuss ahead in this article.

We don’t have any stipulated assumptions about the minimum age of juvenile offenders in our country. It is clearly defined that child crime is a crime that is committed by children who are minors. “Child in conflict with law” has been defined under Section 2 (13) of the Juvenile Justice (Care & Protection of Children) Act, 2015 as a child who is alleged or found to have committed an offence and has not completed eighteen years of age on the date of commission of such offence.

After getting an overview of the meaning of juvenile crime,  we need to understand the categories of offences. Let’s understand how many categories we have.

Categories of offences committed by juveniles under the Juvenile Justice Act

In simple terms, crime means any wrongful deed which has some punishment attached for the commission of that deed by any person. The term crime under the Juvenile Justice Act, 2015 has been divided into three categories that are stated below:

Petty offences

Petty offences are stated under Section 2(45) of the Juvenile Justice Act, 2015, as the offences for which the minimum punishment is mentioned as three years under the Bharatiya Nyaya Sanhita, 2023 (previously, Indian Penal Code) or any other law applicable at the time of the commission of the offence. Stealing and housebreaking are examples of petty offences.

Serious Offences

Serious offences are mentioned under Section 2(54) of the Juvenile Justice Act, 2015 as offences that have prescribed imprisonment between three to seven years under the BNS, 2023 or any other law applicable at the time of the commission of the offence. Kidnapping, dacoity and counterfeiting are examples of serious offences.

Heinous offences

Heinous offences are defined under Section 2(33) of the Juvenile Justice Act, 2015 as offences that have a minimum of seven years or more prescribed punishment under the BNS, 2023 or any other law applicable at the time of the commission of the offence. Crime like rape and murder comes under the ambit of a heinous crime.

Juvenile crimes manifest themselves in a range of conduct or behaviours. Each pattern has a distinct social setting. A young child activist, Yamini Abde, emphasises interesting facts behind the driving motivations that encourage children to get involved in horrible crimes i.e., rape and murder is, the desire to do something new, brave, unique, and thrilling.

On the other hand, peer pressure, such as a dire need to grab cash quickly and having easy access to images related to crime and pornographic content that are uploaded on the internet. These reasons are contributing to the increase in hostility and sexual activity among teenagers. They believe in a very illusionary approach that they will not face any criminal prosecution because they are minors, and this approach seriously uplifts their encouragement to commit severe crimes.

As a result, not having any fear of prosecution and punishment, it becomes a reason for increasing the rate of criminal activities among individuals who are minors in age. We have covered the categories of offences above. Now, let’s come to the distinguished definitions of juvenile in Indian codified laws.

Definition of juvenile in Indian laws

Juvenile means a child who has not acquired a prescribed age limit at which he can be held liable, as an adult can be, for the criminal offences committed by him. It simply means a juvenile is a child who engages in a criminal act that goes against any law that is enforced at the time of committing that offence.

We see that the words juvenile and minor both have very different meanings in the legal sense and are used in various ways. The word Juvenile has a conceptual interpretation if we are to determine the age of an accused who is involved in criminal acts. And the Indian Contract Act, 1872 describes a child who does not attain the age of 18 years as a minor and also unqualified for making any contract. The same minor is not allowed for considered in the involvement of any legal admissibility.

Among the laws, the Juvenile Justice Act, 1986 gives a distinguished definition of the juvenile as a boy who is under sixteen years of age and a girl who is less than eighteen years of age. In the year 2000, the stated Act got some amendments done by Parliamentary legislation. Section 2(k) of the Juvenile Justice (Care and Protection Act), 2000 defines a juvenile or child who has not attained the age of eighteen years. Thus, this definition is applied to both whether it is a boy or a girl.

Post seeing the Nirbhaya case, we saw that the Government of India made the Juvenile Justice (Care and Protection) Act, 2015 enforceable. This Act defines the term juvenile under Section 2(12). This section says that a child who has not achieved 18 years of age would come under the ambit of juveniles.

So many different definitions we have seen that are described by many codified laws by passing time in our nation. At this point, we are going to discuss the common offences that we make in our day-to-day lives.

Juvenile crimes that are commonly reported in India

We the people of this nation see ourselves that many minor and serious crimes such as theft, burglary, snatching, robbery, dacoity, murder, and rape, are done regularly throughout the country.  And the strange thing about these acts is that all of these crimes are done by young individuals who are under the age of 18 years. It is also general to see among minors that those individuals who are between the ages of 16 and 18 are more possibly involved in severe criminal acts. Let’s have a look at some of the prominent measures that are related to juvenile delinquency. Some of the highlighted measures are stated below:

• As per the stated report given by the National Crime Records Bureau(NCRB) about juvenile delinquency. The stated report shows that 43,506 offences were committed against children as per the Indian Penal Code (IPC), 1860, which has now become Bharatiya Nyaya Sanhita, 2023. As per 2019,  Special Local Law (SLL) shows that 28,830 offences were committed by persons who were under the same stated age.
• The offences committed by juveniles and the law relating to them in India have always been the prominent subject matter of longstanding debate and discussions. It happens mainly on account of the amendment made in the Juvenile Justice (Care and Protection) Act in 2015, which treats a juvenile as an adult while considering the gravity of heinous offences committed by the juvenile.
• And the number of cases of such crimes has seen a rapid rate over time, and the state is continuously dealing with them to reduce the same.
• The overall number of reported Juvenile crimes has decreased in the last ten years ( 2013 to 2022) by up to thirty percent, as per the NCRB data report. In contrast, Maharashtra and Madhya Pradesh are at the top of the chart.

We got to know about some frequent and common crimes that are committed by Juveniles. We have prepared a brief categorisation of crimes that are committed by juveniles on a larger scale. Let’s delve into each of them further.

Some of the major crimes that are committed by juveniles are categorised below:

Theft

The frequent crime which is committed by juveniles is stealing, commonly also known as larceny. They steal from people or store the same. The target articles are easily found and disposable, even inexpensive as well. Such crimes are less suspected and remain unreported. The prepared statistics reveal that theft is the most widespread juvenile crime, which is being committed unstoppably.

Assault

It is one of the usual crimes committed by juveniles. Teenagers are often engaged in quarrels with each other. They may assault the victim about some other offence, as they steal or snatch their purse away. Many of the juvenile offenders act as bullies on school premises. 

They also include themselves in physical violence in addition to emotional abuse and taunting.

Illegal purchases

It refers to buying illegal items such as cigarettes and alcohol. They seek assistance from the older people known to them to buy such illegal items for consumption, and they can also produce fake identification to succeed in purchasing. It is obvious to see that these teens are employed by gangs to do drug distribution. And distributing supplies of such illegal substances from one location to other places. As a result, they may become addicted to the same drugs.

Severe crimes 

Young individuals at an early age may become a part of severe crimes, where they could also be victims of abuse. When these teenagers get addicted to drug substances then they start committing violent acts such as assault and robbery to get cash for purchasing drug items to consume. They may also commit forced assault, which can lead to serious consequences to the victim’s body. They may also go for more violent crimes like committing theft from an auto owner.

Sexual harassment and offences against women

Sexual harassment refers to such crimes that are committed against women by juveniles in society at large. Sometimes, they are sexually abused by others, and this victim attitude leads them to do the same to other people. Sharing pornographic pictures of anonymous girls or capturing videos of them using circulation on social platforms has become a cause of excessive harassment cases. 

Such activity may lead such juveniles to face prosecution under the apprehension of possession of child pornography. Such activities can also be a cause of committing rape or sexual assault against women. Some teenagers also get engaged in prostitution work and start assisting the people who get involved in child trafficking.

We are done with understanding some of the leading crimes that are being committed by juveniles in our country. Next, we have customary reasons that are considered for juvenile crimes in India. Let’s move on further to discuss it in brief.

Customary reasons behind juvenile crimes in India

In this world, no one is born with a tag of criminal; instead, the unavoidable and forced circumstances have driven them to go on a track of crime. Along with this, the bad socio-cultural environment and an unfamiliar household contribute significantly to influencing an individual’s life and their general personality altogether. In addition to this, the mass causes of juvenile crimes as stated by Healy and Bronner. And the causes that are included are joining a bad company, adolescent instability and impulses. The sexual intercourse at an early age, mental conflicts, fond of doing adventure and watching motion pictures. The dissatisfaction in school, poor recreation, street life, vocational dissatisfaction, impulse, and physical conditions of various kinds also work as contributors to the hiking rate of juvenile offenders.

In our country,  it is poverty and the bad impact of the media, especially social media, that encourages youths to engage in illegal activity. Poverty is one of the leading factors behind the involvement of a child in criminal activity. The urge for money to manage expenses, and if no source of income is available, will help to create an unlawful mindset among young individuals to go with illegal activities just to fill their urge for money. 

Further, once a youngster starts getting involved in such illegal activities, his desire to grab excessive money is rapidly increased. Thus, a juvenile starts to commit criminal offences without having any fear or thinking about the circumstances of their action. Also, the current function of social media has a more destructive impact on young brains. The young minds are exceedingly interested in being engaged with social media, that’s become a virtual life now. It works as a distraction from primary duties that are supposed to be done by these youngsters as a priority. But they fail to do so. 

The absurd content is influencing our young generation to go with such unwelcome projections. This technological revolution is also becoming one of the major reasons behind juvenile crimes in countries like India. Now, we have categorised the reasons for juvenile crimes socially and economically, which are defined below.

Socio-economic reasons

Broken homes

According to research prepared by Uday Shankar, in India, 13.3 per cent of the 140 juveniles belong to broken households. Death of one or both parents, chronic sickness or insanity, desertion, or divorce all are factors to break up a family. Interaction at home is an essential component of socialisation for a child.

Poverty

A major percentage of delinquent youngsters belong to low-income families. These individuals keep up with their crimes as gang members. As per the prepared research of Uday Shankar, which says that 83 per cent of youngsters who are involved in criminal acts have an origin from low-income homes. Poverty forces both parents to work outside the home for lengthy periods to earn their daily bread. There will be no one to look after the children. Such youngsters may join up with gangsters, either knowingly or unconsciously, and turn into criminals.

Friends and companions

As a child grows older, he ventures out into the neighbourhood and joins a playgroup or peer group. He will certainly become a delinquent if he joins a group or gang that supports delinquent tendencies. Teenagers also commit crimes as a result of poor friendships. According to studies, delinquent behaviours are committed in groups. Shaw examined 6000 youths involved in criminal affairs in his Illinois Crime Survey of 1928. In his examination, 90% of the instances he discovered that two or more youths were involved in the crime.

Beggary

The misbehaviour of juveniles is frequently caused by beggars. Most of the child beggars come from very impoverished backgrounds or have shattered home environments. And these young individuals are badly deprived of unconditional love and attention that is supposed to be given by their parents to them. They do realise soon that the only way to satisfy their wants and meet their requirements is to engage in abnormal behaviour. As a result, they become delinquents.

Films and social media

In the present scenario, the movies that are being produced make an influential impact on the young generation to adopt violence and criminal behaviour shown in the film. After watching movies and series, the children want to do the same acts as it is shown in movies. This kind of cinematic exposure causes them to commit crimes. The use of lethal weapons is praised and welcomed by the youth. 

Easy and convenient access to social media, which becomes a cause of seeing sexual content, also plays a major role in the development of a mindset that encourages them to commit sexual violence. Our youth is also deeply engaged in such sexual content as watching adult films. It gives rise to increasing sexual offences against women.

Along with social and economic reasons, we also have some psychological reasons that cause juvenile crimes. These reasons are described below.

Psychological reasons behind Juvenile crimes

Mental illness

According to certain criminologists, there is a strong link between mental illness and crime. Many of the studies and research have focused on minor patients and discovered the essential facts that they had a variety of mental instability and specific treatment, not punishment, is required for a youngster. As many mental therapists, it is seen that the root of juvenile crimes that are committed in our country. A child is born with a psychopathic condition into a home where the lack of loving care, control and affectionate support is seen absent altogether.

Personality traits

To configure the aspects of juvenile crimes, we can determine the personality and criminal tendencies of an accused. For personality, it is a means for a person to adapt as per their circumstances. This circumstance helps young individuals develop criminal behaviour to become a part of criminal acts.

Individualised emotional issues

We see in our country that mental health issues and emotional maladjustment are becoming the main contributors to the majority of juvenile crimes. It is common to see that Individuals who are involved in criminal acts have to suffer feelings of inadequacy and jealousy. As per the psychological perspective, it is said that “Delinquency is a revolt and an expression of aggressiveness aimed at damaging, breaking down, or altering the environment.”

The urge to take revenge is motivated by the happenings of the society. And it becomes a cause to impose a cap on the basic rights of an individual and their fundamental freedoms. Given the above discussions we have done, delinquents are not born as delinquents, rather, they become delinquents as a result of societal conditions and personal flaws. Now, moving on to understand what juvenile delinquency means comprehensively.

Juvenile delinquency 

The Delinquency term is adapted from the Latin word “delinquer” that refers to “omit”. Juvenile delinquency refers to any unlawful activities or deeds committed by a child aged between 16 to 18 years. Thus, involvement of a child in anti-social affairs that have unacceptable consequences towards society is treated as juvenile delinquency.  Howard Becker, in 1966, identified four categories of juvenile delinquency, namely, individual, circumstantial, organised, and group-supported delinquency.  Such categories are classified below:

Individual juvenile crimes

• Individual delinquency refers to all delinquent activities undertaken by a juvenile on his or her own. The main origin is found inside the criminal himself. As per the claim of the Psychiatrist, these offences are committed because of having psychological conditions. The major cause behind these psychological issues is dysfunctional and unhealthy familial contact patterns. In some practical experiments, psychiatrists compared the delinquent siblings to their non-delinquent siblings and discovered that the most recognised reason for committing such crimes was that they were not happy and dissatisfied with their living standards and home affairs.
• They engage in delinquent behaviour in the first place to attract attention from family or peers.
• Others conduct delinquent activities to alleviate their guilt. We see that some of the psychological experts also found that child offenders varied from non-delinquent as per their relationship with fathers instead of mothers. And their discipline is also seen as more strict and severe overall.

Circumstantial child crimes

• The main reasons for situational delinquency are still not well understood. As a result, regulating such delinquent behaviours is easier than controlling other forms of delinquency.
• The main factor is that delinquency is not firmly defined, and the motivation behind such delinquency and the methods for reducing it are continuously seen as straightforward. Due to having less control over impulses, a young individual involves himself in criminal acts without any commitment to delinquency.
• One researcher who mentions this form of delinquency is David Matza. The idea of circumstantial delinquency is underdeveloped and is not given much weight in the debate over delinquent causation. The purpose of this discussion was just to make a compliment, not to replace anything.

Organised child crimes

• Organised child crimes are formally structured organisations that commit organised delinquencies. This refers to a system of principles and conventions that drive young people’s behaviour when they exhibit delinquent behaviours.
• These delinquencies were studied in the United States in the 1950s, and the term “delinquent sub-culture” was also coined. This refers to a system of principles and norms that govern the conduct of group members to stimulate the performance of delinquent activities. And to grant status based on such acts.

Group-supported child crimes

• The criminal acts are committed in the company of others, and the cause is found not in the individual’s personality or in the delinquent’s family. But they are found in the culture of the homes of individuals and their neighbouring homes.
• Such a sort of delinquency is discussed in Thrasher, Shaw, and McKay’s research. According to the research made by Thrasher, Shaw and McKay, the majority of young children who turned delinquent do so as a result of their affiliation and companionship with other delinquents.
• Unlike psychogenic theories (described as mental disorders that influence human behaviour and personality), this group of concepts focuses on what is learned and from whom it is learned, rather than the difficulties that may lead to delinquency motivation. After getting familiar with the concept and aspects of juvenile delinquency now we have stated some causes with regard to juvenile delinquency. Let’s go through each of the significant causes.

Causes of juvenile delinquency 

No child has had an offensive mindset since he was born, but the circumstantial incidents make him engage in such offensive actions. In India, the major juvenile crimes are reported from the local and congested areas where people are not literate and have a limited scope of employment, and the children who reside in such areas start engaging in petty crimes (petty crimes that are less serious, such as stealing and burglary). Gradually, these children get encouraged further to do serious offences like murder, robbery and rape.

Various causes behind juvenile delinquency are fundamentally relevant. Some of them are stated below:

Technical and economic evolution

In the era of technical innovation and development, people are increasingly more willing to transform their lifestyles and culture. The expanding influence of Western society helped to grab the attention of the people in India. They are moving from rural places to city streets, having a modern living standard. Convenient access to technical resources for children is becoming one of the major causes of the involvement of children in criminal activities. In urban areas, people are quite engaged in working schedules that leave a neglected impact on the children. Hence, they experience isolated situations where nobody is there to check them. This would encourage them to engage in criminal behaviour and activities that are forbidden by law.

Family conflicts

Irregularities in family relationships are one of the main causes of juvenile delinquency. If a conflict arises in a family and the people start fighting with each other in front of the children.  It creates a bad mental state in children that leads them to the wrong path.

Psychological and mental disorders

If a child is dealing with mental instability and psychological distress that causes a failure to understand the gravity of their actions, whether it is wrong or right to do. This lack of understanding and low intelligence also causes a consequence of criminal activities.

Unavailability of Parents

One more cause that leads to juvenile delinquency is the absence of parents from home. In cities, most parents work individually, and they spend part of the day outside the home, this makes their children neglected and unattended. They are not able to give their time to children as they should, and such neglectful behaviour encourages children to get involved in unlawful activities.

India has reportedly been witnessing such delinquency for the passing years. To know more about the number of cases that are reported on a national level. We have collected some statistics that provide data about the delinquency of juvenile offenders who are seen involved in such crimes.

National statistics of juvenile delinquency

The collected data about crimes committed by children in the past couple of decades is surprising. As per the Indian authorities (NCRB), data it is recorded 27,936 minors were charged in 2012 in India, for their involvement in major crimes such as banditry, murder, rape, and rioting. According to NCRB data, two-thirds (66.6 per cent) of individuals who appeared before Juvenile Justice Boards in 2012 were between the ages of 16 to 18.

We found the national data given by NCRB that was related to delinquency. Now, we have some additional data that shows that 30.9 per cent of the surveys found that the children who committed juvenile offences were 12 to 16 years old. And the remaining ones, such as 2.5 per cent, were seen between 7 to 12 years of age. After that, there was a significant extension of 143 per cent report towards the number of minor rapes during the period 2002 to 2012. Along with it, the number of murder cases has also increased by 87 per cent. And the cases of women and girls kidnapped by juveniles have increased by 500 percent during that time.

With this, between 2007 and 2012, the number of serious crimes like rape and murder perpetrated by juveniles accounted for just 8% of all crimes committed by minors., petty offences that inflict harm account for 72 per cent of all crimes committed by juveniles.

It is to be noted that the graph of juvenile crimes in India is increasing, and it is necessary to be more familiar with the symptoms evident to show which child is inclined to become an offender or has already become one. The symptoms that can be summarised from various research and studies, responsibly defining a child offender, are stated below:

• In many cases, a juvenile’s bodily structure is healthy, and a healthy body is powerful and courageous.
• They are naturally restless, introverted, and disruptive.
• They seem to have an unethical, highly emotional, egotistical, and self-centred nature.
• They are myopic( less intellectual), oblivious to the repercussions of their actions.
• Child offenders are more likely than other youngsters to have a psychotic condition.
• For the child criminals, there is a lack of healthy id, ego, and superego equilibrium.
• They remain frequently irritated, disappointed, and melancholic.
• They disobey norms, go against the power, break the law, and have a tendency to be untrustworthy.
• They don’t have any pre-planned solution to any difficulty that their culture has thrown at them.
• With regard to most of the cases, they don’t have any communication with their relatives and family members about the problems they are experiencing.

We have gotten an overall idea of reported cases in which juveniles are involved.  We need to figure out some approaches for reducing these juvenile crimes. So, we are going to discuss some preventive approaches below in a detailed manner.

Preventive approaches against juvenile delinquency

Certain types of approaches can be considered for preventing juvenile delinquency:

Clinical approach 

The primary objective behind this approach is to facilitate aid with the help of psychiatrists, clinical psychologists, and psychiatrists who perform social services to help juvenile delinquents identify the problems with their personalities. 

Educational approach 

As we all know how crucial educational institutions are crucial for the upbringing of a child. In the view of child welfare, educational institutions like schools can provide a safe and friendly environment. The imparting of education can also contribute evidently to teaching children about the effects of their good and bad actions and how they can avoid committing bad activities. In the vision of a schooling curriculum, some of the pivotal measures should be taken so that no discrimination is ever made against the students and all the enrolled pupils are treated equally. Moreover, the main focus should be on providing the true aspects of moral education that can be a helping factor for children to choose career-oriented paths for the betterment of their lives. 

Parental approach

In our society where we live, it is believed that parental education is essentially required for building a good home environment that leads to enhancing family relationships, and educational reforms that support the nurturing and care of children. These academic programs guide parents in raising healthy and stable children.

Parental love and tenderness

A child is supposed to be raised with true and unconditional love, care, protection, and affectionate behaviour by their parents. The downside of deprivation of such warm treatment can lead to unbearable frustration and anger issues, which can cause him to commit criminal activities. Hence, this parental love and care are essentially required to prevent him from doing anything wrong or criminal. If it is done, a child can get a suitable upbringing to secure a better livelihood and can become a responsible person towards their life values.

Before moving ahead, we need to understand how the judicial system in India deals with the cases of juvenile crimes. Now, moving on to the unfolds of the judicial justice system that deals with juvenile delinquency in India.

Juvenile Justice System in India

There have been several legislation for juvenile delinquency in India, which dealt with juvenile crimes and children in conflict with the law. Some of them are discussed below:

Apprentices Act, 1850 

It was the very first legislation concerning children in conflict with the law or those who committed crimes which talked about the rehabilitation of those children who are between the ages group of ten to eighteen years and have been convicted of offences. Such children will be given vocational training in their process of rehabilitation.

Reformatory Schools Act 1897

This Act was passed after the Apprentices Act 1850, which stated that children who are under the age of fifteen years convicted and sentenced to imprisonment are to be kept in reformatory cells.

After these Acts, several legislations or Acts were passed, including the Madras Children Act, 1920, the Bengal Children Act, 1922, and the Bombay Children Act, 1924. When our country got freedom, Parliament passed the Juvenile Justice Act, 1986. This Act was enacted to protect the care, protection, development, and rehabilitation of neglected or delinquent persons who are juveniles. This legislation, passed by the Parliament, provides uniformity for the meaning of the term juvenile in the Indian legal system.

Section 2(h) of the Act specified the term juvenile as a male who has not completed the age of sixteen years and a female who has not reached eighteen years of age. In this Act, different ages were prescribed for males and females.

We have discussed above some of the pre-independence laws and legislation which provided a distinguished interpretation of the term juvenile in the Indian context. To get to more about juvenile laws, we are going to talk about the evolution of juvenile laws in India.

Evolution of juvenile laws in India

In India, the term juvenile was not uniformly defined, and it varies across states for the sake of convenience. The historical background of laws referring to juvenile delinquency has seen many legislations and amendments that took place in India. These Acts defined the term juvenile concerning child delinquency. A brief of amended acts is discussed below:

• There was no legal uniform age limit till the enforcement of the Children Act, 1960. In the Bombay Children Act, 1948, it is provided that a child refers to a minor who has not completed sixteen years of age, along with a girl who has not reached eighteen years of age.
• In the state of Uttar Pradesh Children Act,1951, which also gave an interpretation of the term child, which is different from the Bombay Children Act of 1948, says that a child is a person who is under the age of sixteen years, whether it is a boy or a girl.
• We have so many statutes, such as the East Punjab Children Act, 1949 and the Andhra Pradesh Children Act, 1979, which also declared that the sixteen-year age criterion for considering a child as a Juvenile is legitimate and appropriate. According to the Andhra Pradesh Children Act 1920, the term child refers to a person who is under the age of fourteen years. It also includes a child who is being held in detention, even if the child reaches the age of fourteen years before the expiration of that period.
• The Government of the state of West Bengal and Saurashtra says that a child is a person who is less than 18 years old.
• As per the drafting of the Haryana Children Act, 1974, a child is a boy who is under sixteen years of age and a girl who is under 18 years concerning child delinquency.
• After these stated laws, the Parliament introduced the Juvenile Justice Act, 1986, which simply says that a juvenile or child, a boy who is less than sixteen years of age, and a girl who has not reached to eighteen years of age limit.
• After decades, the Juvenile Justice Act, 1986, was repealed by the Juvenile Justice Act, 2000, in which the distinction between the age limit of boys and girl while referring to juveniles was set aside by the Government of India in furtherance of the performance of international obligations. After that, the conflict regarding juvenile age was resolved and it has been fixed to eighteen years for both males and females.
• As per the Juvenile Justice Act, 2000, a juvenile is a person who is allegedly involved in committing a crime and has not attained the age of eighteen years on the date of commission of such crimes or offences.
• As per the recently enforced, Juvenile Justice (Care and Protection of Children) Act 2015, a heinous act allegedly committed by a juvenile who has completed the age of sixteen years or above the sixteen years, the juvenile justice board can initiate a preliminary investigation to know more about the mental and physical capacity of the child to commit such offence and the intellectual wisdom to know the consequences and circumstances of the offence which he has allegedly committed.

After seeing a significant evolution, we have been given an amended Act in 2000, which gives needed age criteria and makes the term juvenile equally applicable to a girl and boy. An insightful explanation is given below.

Juvenile Justice (Care and Protection) Act, 2000

In the national interest, Parliament enforced the Juvenile Justice (Care and Protection) Act, 2000. This Act fixed a clear standard of 18 years for both males and females when we have to find the juvenile age of a child.

The Juvenile Justice (Care and Protection) Act 2000 referred to the term “juvenile in conflict with the law” as an offender who was between the ages of 16 to 18 years at the time of the commission of the offence. It is necessary to determine whether a juvenile offender is supposed to be admitted to an observation home, while those children who require care and protection are supposed to be sent to the children’s home at the time of ongoing proceedings before the concerned authority. As per the Act, a juvenile can only be detained for a maximum period of three years, no matter how serious an offence he has committed, and he will be kept in a special home.

Section 17 of this Act grants immunity to children who are under eighteen years of age at the time of committing an alleged offence, from trial through criminal court or any punishment prescribed in substantive law. The ultimate purpose of this Act was to restore the child in terms of a healthy and normal life by providing vocational training and therapy after imprisonment so that the child can regain the mental stability to lead a normal life in society.

The rationality behind this is that the child at this age does not have an understanding of their actions and still can be reformed because of their tender age and lack of maturity. Along with it, it is the responsibility of the state to protect, care for, and reform the child. And later, some amendments were proposed in the Juvenile Justice Act, 2000. These are highlighted further.

Amendment proposed in Juvenile Justice Act, 2000

Before passing the amendments in the Juvenile Justice Act 2000, some inappropriate findings truly needed to be addressed by the legislature. There was no certain categorisation for terms like severe and petty offences, which creates ambiguity in dealing with such cases. The firm data of cognisable offences including rape and murder were excessively inclining to the peaking point and the offenders were reported between the age of 16 to 18 years and no there was no specific consideration stated under the enforced Act to deal with such offenders in a strict manner, who belong to this age range.

In the era of modernisation, where the intellectual conscience is developed earlier in the age between 16 to 18 to know about the consequences of an action committed by the stated age group. This sheer lack of enforced laws raised so many questions when it comes to safeguarding the rights and dignity of the victim.

Hence, to address such a rapid hike in the number of cases of juvenile crimes, the Government of India finally decided to propose some needed amendments to the existing laws, which were presented in Parliament. These proposed amendments pertained to bringing effective changes to our criminal justice system. The amendments which were proposed are as follows:

• The introduced amendments are supposed to replace the current Juvenile Justice (Care and Protection) Act, 2000.
• As per this enactment that was enforced by the legislature, a classification was made among the offences that are treated as petty, serious, and heinous in their conduct. And also a comprehensive review of the criminal aspects of juvenile crimes.
• The increasing data of brutal offences that are committed by juveniles in the age period of 16 to 18 years has also been measured. Hence, for considering the rights of the victims and the rights of juveniles as well, we must consider that it is essential and required to signify that such offences should be described distinctively.
• Furthermore, it’s been suggested that when a heinous crime is committed by someone who’s between sixteen to eighteen years of age, such crimes should be assessed first by the juvenile justice board, whether it was done by that person as a child or as an adult.
• To provide a safeguard towards the rights of the juvenile, there must be psychologists and social experts if the offence is committed as a child.
• The trial of the juvenile case shall be conducted on the recommendation of the board’s evaluation report pertaining to whether the offence has been committed as a child or as an adult.

The Act of Juvenile Justice 2015 was presented to make the interpretation and classification of the nature of such pitiful, gracious, and brutal crimes in a fine manner. So that the legislature can reduce the increasing rate of such crimes that are being committed on a daily basis. The juvenile offences have a direct relation to the maturity of the child who commits an offence.

Therefore, this Act was enforced to ensure the rights of victims because child offenders between the ages of sixteen to eighteen years need to be considered for the inspections of their mental capacity to check their maturity level while committing such severe offences.

After a decade, Parliament again amended the Juvenile Justice Act and made some demanded changes given the Nirbhaya Case held in the capital city. Let’s discuss this ahead in this article.

Juvenile Justice (Care and Protection of Children) Act, 2015

This Act became applicable on January 15, 2016, in India. It was enforced by the Parliament in December 2015 and received assent by the President on 31st of December 2015. 

The stated act has resolved the very complications faced before its enforcement when it comes to dealing with juvenile delinquency. Some of the primary reformations have been categorised as follows:

• This Act gives a detailed insight into the need for child care and protection and the concerns over children in conflict with the law. Further, it is an act that also provides an alternative to the term juvenile and gives a brief on child delinquency or a child in conflict with the law. 
• Further, it amended the constructive interpretation related to the term juvenile, and various definitions have also been adopted in the Act as orphaned, abandoned, and surrendered children.
• Those offences which are classified as heinous, severe, and petty and are committed by children have been specifically highlighted in this Act. It also provides a meaningful clarification over the power, function, and responsibilities that are constituted by the Juvenile Justice Board and the Child Welfare Committee have also laid down in the said Act.
• A few special provisions were also mentioned for children who are more than sixteen years of age and commit a heinous offence against society. As per the findings of  Section 15 of the stated Act, to deal with the case where a child who is under the age of sixteen years and is accused of a heinous offence, we have distinct provisions that deal with such situations.
• Further, the Juvenile Justice Board is now entitled to consider such offences committed by a child, more severe, and the case can be transferred to the Session Court after ensuring a preliminary inquiry. This Section provides a framework for safeguarding children while the trial is going on and till they reach the age of twenty-one years.
• Post the evaluation process, the child is to be released on a period of probation, or in the case of not being reformed, he will be sent to prison to complete the remaining sentence. 
• The newly amended law aimed at decreasing child offences which are heinous such as rape and murder and it will make an impact towards protecting the rights of the victim who suffers extensively.
• After the amended legislation is enforced, the childcare institutions have to mandatorily register themselves. The Act provides compulsory registration within six months after the enforcement of this Act, for all childcare institutions, irrespective of their affiliation as government-aided or voluntary-run. 
• In these institutions, rehabilitation and social restoration programs have been established for children who conflict with the law and those who need protection and care. 
• The institutional care provides educational, health, and nutrition services and the treatment of any disease to the children. It also includes skills development training programs to rehabilitate the children. So that they can assume themselves as a better person in society. 
• Several offences committed against the children that earlier were not punished under any law have also been made punishable under this Act. These offences include child trafficking to do any illegal acts like adoption and corporal punishment imposed in childcare institutions.
• Further, children could also be manipulated by militant groups to commit offences like kidnapping and abduction when they are at their tender age.
• This Act has been passed by the Parliament after the Nirbhaya Case, which sparked a national interest to make various changes in the Juvenile Justice Act to protect the rights of the victim.

The new 2015 Act that deals with juvenile justice has provided us with a significant explanation of the term Juvenile Justice Board that we have talked about above throughout the article. Let’s move ahead to know more about this unfolding term.

Juvenile Justice Board

Section 4 of the Juvenile Justice Act, 2015, defines the term “Juvenile Justice Board”. This Section states that “Juvenile Justice Board” is an institutional body which handles such juvenile crime cases in which a child accused is “in conflict with law”, defined under Section 2 (13) of the Act. A Juvenile Justice Board is empowered to determine whether a child in conflict with the law should be tried as an adult or not. In India, every state needs to establish one or two Juvenile Justice Boards within the state.

Purpose of the Juvenile Justice Act, 2015

There are numerous objectives behind the enactment of this Act, some of which are discussed below:

• The main intention of the legislature behind this Act is to reform and consolidate the existing laws and primarily to rehabilitate children who need care and protection from being harassed and abused in any certain manner.
• It aims to provide prospects for children who are involved in criminal activities to rehabilitate themselves so that they can get back to reintegration into society.
• Further, it is developed to provide for the welfare treatment and overall improvement of such children who have been convicted of any offence.
• It provides for the detailed procedure regarding the disposal of the cases, emphasising the distinctive approaches adopted for child delinquency cases.
• This Act stated the provision for the establishment of childcare institutions where rehabilitation training is provided to the children who are kept there.
• After witnessing some notable crimes like the Nirbhaya rape case, It’s become essential to deal with such incidents where a child between sixteen to eighteen years committed any heinous offences. In such cases, a provision is needed to check the maturity level and the knowledge of the child about what he has done to determine whether he can be tried and punished as an adult.

To protect the children and provide a safeguard for their better future, the supreme law has provided some measures that work in favour of juvenile children. Let’s go through these provisions and codified laws further.

Constitutional provisions and safety measures for children in India

Since India became independent, the Constitution of India has safeguarded the development of juvenile justice. The fundamental rights and the Directive principle of State Policy enshrined in Part III and IV of the Constitution talk about some significant provisions concerning children, which are discussed below:

• Article 15(3) states that the state must enact special provisions for children and women.
• Article 23 strictly prohibits the trafficking of human beings and forced labour.
• Article 24 clearly imposed prohibitions on children belonging to the age group of 14 years who work in factories, mines, and get to be involved in any kind of hazardous occupations.
• Article 39(e) of the Supreme law clarifies that the State is bound under the direction to protect children of younger age from working at life threat places that are not appropriately suitable to their age and to ensure that the economic scarcity does not force them to work in such dangerous environment so that the health and physical strength of children are not be degraded.
• Article 39(f) outlines that the state has to secure significant measures for the healthy growth of children and to safeguard their childhood against moral exploitation.
• Article 45 has laid down the fundamental duties of the State to ensure free and mandatory education to all children till they achieve the age of 14 years.
• Article 47 emphasises that it is the duty of the state to increase nutrition and living standards. In 2002, Parliament passed the 86th Constitutional Amendment, 2002, which declared the right to education a fundamental right.

As of now, we have understood juvenile crimes, the causes and the enforced laws to deal with juvenility. Now, it is time to discuss the punishments that are codified in laws for the offenders who are declared juveniles in this country.

Punishments for juvenile offenders in India

The well-known Juvenile Justice (Care and Protection of Children) Act of 2000, which brought the country into a concerning state with the Child Rights Convention of 1989, has been the crucial legislation after independence that governs the issue of juvenile crime. Any child who is under the age of 18 years is supposed to be a juvenile as per this regulation, and they would never have to face any trial proceedings as an adult has to deal with. This ambiguous clause raised a converning flag throughout the nation after the occurrence of “Nirbhaya Delhi Gang Rape Case,” that led the whole nation in a deep sorrow which was held on December 16 in the year 2012.

Ahead of this, the Apex Court observed in the case of Gaurav Kumar @ Monu vs. State of Haryana, 2019, that the Juvenile Justice Act of 2000 required to go through a reexamination because it had failed to prevent minor children in the country from committing any small and severe crimes as well. The involvement of a person who is under the age of eighteen years, in such a horrible crime as rape. The perspective of the Apex Court simply made the Indian legislature think of passing the new legislation. And after that, the Parliament passed the “Juvenile Justice (Care and Protection) Act, 2015.”

This Act repealed the previous existing statute with regard to juveniles and also made some significant amendments. In this Act, one of the most notable modifications was that if any child who is between the ages of 16 to 18 and is suspected of committing a severe offence, would be tried as an adult in the eyes of the law.

A “child” means a person who has not reached the age of eighteen, according to Section 12 (2) of the Juvenile Justice (Care and Protection) Act, 2015. The word “child” is split into two groups, namely, under the stated Act, and these two are stated below:

1. A child who is in confrontation with the law.

2. A child in need of protection and care.

A “child who has confrontation with the law” is the one who has committed an offence and is under the age of 18 at the time of committing the offence. A “child who needs care and protection” is the second category as described by Section 14 of the Act. As per the findings of the stated laws, we know that the maximum punishment for juvenile offenders is fixed at 3 years. This 3-year punishment applies to both the offences, whether they are serious or not. For adult offenders, the highest penalty that may be applied is given as 7 years in jail, staying lifetime in prison, or the death sentence to the accused.

In regard to dealing with juvenile delinquency, we have a prominent case decided by the Apex Court which laid some significant guidelines and interpretations that should be kept in mind while proceeding with severe and brutal incidents. The scenario before this case, the subsequent circumstances have been discussed expressively. Let’s move to study it.

Mukesh & Anr vs. State for NCT of Delhi, 2017 (Nirbhaya Case)

Circumstances before the Nirbhaya case

Before this case the circumstances were different in terms of protecting the rights of the victims and the consideration of a juvenile as an adult was in question when such offenders committed offences like rape at the age of 16 to 18 years. As per the research of psychologists, the intellectual maturity of knowing what is right or wrong is developed in adults between the ages of 16 to 18 years. There were a few key terms which needed to be classified as a severe offence along with the specified punishment as well.

The victim used to suffer while seeking justice from the court, and the cause of the delay was not having an appropriate fast-track court to deliver quick justice. This scarcity of reforms in the legal system caused the infringement of the human rights of the victim, who is forced to endure with time-consuming procedure during the trial.

Nirbhaya case a landmark judgement

In this case, a twenty three years old paramedical student was brutally gang raped, and killed on a moving bus in South Delhi by a juvenile and his acquaintances. This case is also known as the Nirbhaya Case, which shocked the entire country. Regarding the offence the victim was brutally tortured, femicide, raped, and severaly assaulted by the horrible convicts. This unfortunate incident left the entire capital city in deep pain.

Throughout the proceedings, a juvenile accused got a clean sweep after being imprisoned for just three years behind bars to lead a normal life, which was criticised by the mother of the victim in this case. One of the six accused committed suicide while in prison, and the remaining four were convicted by the Saket court of Delhi. These accused were found guilty of committing such severe and horrible crimes against the modesty of a girl who lost her life while bearing such dreadful pain.

Thus judgment says that the argument about the age of the accused should not be used as a means for calculating the level of cruelty that he perpetrated over the body of the victim. He is kept for doing the brutality and made her physically tortured with an iron rod, and he has beaten her carelessly. And also caused serious internal damage to her body. At the final decision of the court, the accused juvenile was released after completing the assigned part of imprisonment that was given by the Court.

The defence council contended that one of the accused was not present at the crime spot as he was out of town. However, the court rejected the contention and considered the medical report that confirmed the presence at the crime scene.

Further, the Session Court observed that the offence was committed with the association of all six accused, including a juvenile, because the juvenile injured the victim severely by inserting a rod into her body. Post that, this pronounced conviction was upheld and acknowledged too by the High Court of Delhi, and the petition was rejected, subsequently rejected.

The jury, consisted with the Chief Justice Dipak Misra, R Banumathi, and Justice Ashok Bhushan pronounced a praising judgement. The verdict was pronounced after assuming all the facts and evidence with regard to this perpetuity that was committed in an extremely barbaric, disgusting, diabolical, and sickening way against the entire human community. It is also said that it will badly impact society in a severe way.

Ahead in the judgment, the court applied the doctrine of rarest of the rare thoroughly. Although the rarest of the rare doctrine is firmly applied in rare cases that have been dealt with the exceptional circumstances. The petitioner contended that the case does not fall under the category of rarest of the rare. The Apex Court thoroughly denied the very contention brought by the appellant and undoubtedly upheld the death penalty and also stated that the judiciary is committed to setting up an example to stop such severe and violent crimes against mankind in any manner.

Post the verdict of the said case, advocate Shweta Kapoor filed a PIL before the Delhi High Court in orfer to demand needed amendments to the Juvenile Justice (Care and Protection) Act, 2000, to deal with children who have reached the age of 16 and are involved in serious crime, owing to the ignorance of laws towards such heinous crimes committed by these individuals who are called “children”.

The PIL stated that “juveniles who have reached the age of 16 and commit significant crimes have well-developed minds and do not require any care and protection from society. Rather, society requires care and protection against them”.

After the Nirbhaya case

Parliament made several amendments after the Nirbhaya judgment in criminal laws. The scenario to deal with rape cases have changed now. The definition of rape has become broader in meaning and the punishment has also been increased to make rape more henious crime in India. Now, fast-track courts have also been established to deliver speedy justice to the victim and their family. However, the cases of rape in India are constantly going increased even after the amendments made in substantial laws. This is so alarming for the upcoming years.

Judicial guidelines that caused major amendments in punishments after the Nirbhaya case

We all got to know that the prominent case of Nirbhaya specifically made an impactful impression on the established legal framework in our country. In regard to increasing sexual offences in society, the government formed a committee named the J.S. Verma Committee, which was headed by the former Chief Justice of India, J.S. Verma, to analyse what amendments needed to be made in the existing criminal laws of this country.

Further, the committee submitted its report and prescribed various suggestions to be considered, which later became the cause of enacting the Criminal Law (Amendment) Act, 2013. The provisions introduced by this amendment are discussed below:

• The new amendment prescribed a broader scope of the term rape. Post to the amendment, definition of rape extended to the inclusion of non penetrative sexual assault and any kind of object inserted into the body parts of the victim.
• The specified punishment for rape was also increased to the extent of harsh treatment for the frequent offenders and the death penalty in case the victim is died or goes to the vegetative condition.
• Some new offences were also added by this amendment, such as stalking, voyeurism and acid attacks and declared these offences punishable.
• The government also set up fast track courts to deal with cases of rape to deliver swift justice to the victims and their families.

After going through a very well-known landmark, the “Nirbhaya Case”, we have some highlighted cases with regard to juvenile crimes that were decided by the highest court of this Country. Some of the prominent cases are discussed below.

Case laws related to juvenile crime in India

We have some prominent cases that have been listed below and have received imminent media attention across the nation. We are going to study all the related judgments and case laws one by one in a detailed form.

Essa @ Anjum Abdul Razak Memon vs. State of Maharashtra Through STF, CBI Mumbai (2013)

When we had a read of it. We found that the main issue before the jury in this case was whether the Juvenile Justice Act, 2000, would have a dominant effect over the Terrorist and Disruptive Activities (Prevention) Act, 1987. The multiple convictions took place in regard to terrorism activities involved in the Bombay bomb blast in 1993, and the sole evidence includes their self-confession and the documents found with them. 

The appellant/accused, in this case, was a minor under the age of 17 years who provided his flat and garage to make a conspiracy and to keep the amenities like lethal weapons, cartridges, and explosives that were used to blast in Bombay. The appellant was found guilty based on the evidence testified by the prosecution witnesses and convicted to life imprisonment. 

The conviction was appealed before the High Court and the Apex Court, but the appeal was dismissed.

Further, the Apex Court, by observing the seriousness of the offences, emphasised that the provisions of the Juvenile Act will not be applicable here. The court refused to proviprotectJuvenile Justice Act to the appellant, who was tried and found guilty with the other co-accused and convicted. 

Jitendra Singh @ Babboo Singh vs. State of U.P. (2013)

In this case, a woman was burnt to death for a dowry demand by her in-laws, including her husband. The Session Court passed the conviction. Further, one of the accused was proven to be a minor at the time of the commission of the incidents, and the judgment was appealed for challenging the age of the juvenile. The Apex Court upheld the conviction but considered the fact of the age of the accused. Therefore, the case was transferred to the Juvenile Justice Board to consider the sentence.

The court also determines some protective measures which need to be adopted by the concerned Magistrate, such as figuring out the reasons for the juvenility of the accused in such cases where a juvenile is involved. The court also stated that the guardians of the juvenile should also take part in legal proceedings.

Sher Singh @ Sheru vs. State of U.P. (2016)

In this known case, the appellant was declared guilty of committing kidnapping and entered a plea of juvenility that argued the act was committed when he was less than eighteen years of age, and this was configured by his High School Examination (Matriculation) record. So based on these stated records, he is qualified to receive the benefits of both the Juvenile Justice (Care and Protection of Children) Rules, 2007, and the Juvenile Justice (Care and Protection of Children) Act, 2015 as well.

Then an appeal was raised before the Juvenile Justice Board. The plea was dismissed on the basis of a medical report that claimed the accused was his 19 years of age at the time of committing the stated offence.

After a period of 4 years, the appellant submitted a plea one more time in order to prove him a minor in the Session Court. Although, it was also rejected and denied at the same time by the Court. This order became the final order. In 2013, he filed a writ petition also and the same was rejected too by the court. Although, It was noted that this would not impact the right of the appellant to argue his claim of being a juvenile before the court.

The court also noted further that Rule 12 of the 2007 rules and Section 7(A) of the Juvenile Justice (Care and Protection of Children) Act, 2000 made a mandatory provision for the court to conduct an inquiry rather than allowing only an investigation or trial. In addition to this, the age determination inquiry needed to be finished within 30 days after the date of application. Now, this makes it easier for the court to secure evidence and receive matriculation or other relevant documents. 

Now, the court further released a list of documentation that needs to be reviewed concerning this and the same is stated below:

• Number one is, if a matriculation or high school certificate is not available, the birth certificate from the first school attended should be consulted as an alternative.
• And a birth certificate issued by a panchayat, municipality, or corporation.
• The third one is a medical report, which is only necessary in the situation where the listed documents are missing.

The court further stated that a person’s right to raise the plea of being a juvenile cannot be denied by rejecting or considering the writ petition as unenforceable. Even if the plea has already been presented to the board, it might be raised again in the criminal appeal before the concerned court.

Bodhisattwa Gautam vs. Subhra Chakraborty (1995)

In this case the offence of rape was ruled to constitute a breach of the Right to Life granted under Article 21 of the Indian Constitution. The Apex Court had observed that fundamental rights have precedence over any other right protected by any other law. As a result, the blanket immunity provided to such juveniles was considered ultra vires to the Constitution.

Ram Prasad Sahu vs. State of Bihar (1979)

In the findings of this known case, the Apex Court firmly ruled that a minor criminal can be convicted of both the offfences such as rapes and attempted rape as well. If a young man is not eligible for giving punishment but is capable of committing rape or murder, granting him excessive immunity violates the leading principles of fairness and proportionality of punishment that are mentiones under the laws.

In this recent times, Juveniles have been involved in a number crimes that are committed against women and these crimes including sexual harassment, rape, acid attacks, and violent homicides. To reduce this hiking number, Section 18(3) of the Juvenile Justice Act, 2015 provides some important points that need to be followed if a juvenile is found to have committed a very heinous crime and is over the age of 16. To configure this, there are some essential points categorised below:

• The first point says that the Juvenile Board may transfer the case to a Children’s Court, where they may send him to a place of safety.
• Secondly, after doing a preliminary assessment with regard to their mental and physical capacity to commit such offences and they check the ability to understand the consequences of the offence which has been committed by the juvenile.
• And, it is also necessary to find out the circumstances in which the juvenile allegedly committed the offence.
• After all points, this last point says that the Juvenile Board may transfer such cases to a Children’s Court, which may sentence them to jail.

State of Maharashtra vs. Vijay Mohan Jadhav & Ors, (2021)

This case between the state and Vijay Mohan which is also named as the “Shakti Mills rape case”. In this case a child was accused of getting involved in an harsh act of rape. One of the primary accused was a juvenile who received just three years of imprisonment in detention facilities, and the adult criminals were sentenced to death. 

The question that was required to be determined was whether or not the existing punishment is sufficient to rectify a young person. Another point that needed to be examined was the meaning of the word “heinous.” 

The court decision on the question of the punishment awarded in this case was that the Juvenile Justice Act provides reformation chances to the juvenile who has committed an offence, to transform into a better person so that he can live his life as a normal citizen after completing his punishment. Secondly, it was observed by the court that when trying a juvenile as an adult, a person between 16-18 years old must be charged with a terrible crime to be tried as an adult. 

Ahead of this, on the question of the term heinous, it was also stated that the meaning of the term heinous is defined by Section 2(33) of the 2015 Act, which provides that “those offences for which the minimum punishment under the Indian Penal Code, 1860 or any other legislation for the time being in force is imprisonment for seven years or more,” shall be assessed as heinous offences.

The honourable court said that if a 16 to 18-year-old person is allowed to be considered as an adult before the court proceeding. And it is done due to some exceptional situations, then it is a huge triumph for the whole judicial system of our country. Although it is to noting that the definition of heinous has seen some ambiguous explanations.

Saurabh Jalinder Nangre vs. Maharashtra, (2018)

In the case of Saurabh Jalinder filed against the state of Maharashtra, a writ petition was raised before the Bombay High Court. The petition raised the question whether a juvenile should be sent to Juvenile court for committing an attempted murder and punishable under Section 307 of the Indian Penal Code, 1860. 

The Court ahead found that “in the present instance, all of the petitioners, despite being between the age span of 16 and 18 years, have not committed heinous crimes and their case does not come under the ambit of Section 15 of the 2015 Act. Hence, this case cannot be moved towards the Children’s Court. Now, the Sangli Juvenile Justice Board will handle the investigation.” 

The court went with the treatment of the 17-year-olds as minors and took them away from the penalty they deserved, despite they attempted to kill someone and cause irreparable injury to the body of the victim.

Now, it is very essential to mention that using such a definition shows that the crime appears to be the result of a significant age. Although in reality, crime is known as an act which influences you to commit. And 16 years of age is sufficient for a person to get conscience and consider what is right and wrong in their opinion.

Media in any country plays a pivotal role in making people aware of what is happening across a nation with regard to every good and bad occurrence. In India, what role has the media played with respect to the evolution of the juvenile justice system in this largest democratic country? We are going to cover that in the next portion ahead.

Media Role in Juvenile Justice System

As of now, a great number of persons in our society are demanding that children between the age period of 16 to 18 to be considered adults in such cases in which they have been convicted for committing horrific crimes such as rape, gang rape, murder, dacoity etc. The main reason behind the above-mentioned consideration is that the numerous events occurred recently involving minors in the span of 16 to 18 years have been convicted for participating in severe crimes, and they are committing them with full knowledge and maturity.

Post the bad effects of the internet and social media, the maturity of our children has not remained the same as they were 10-20 years back in time. For now, a child attains intellectual maturity at a very early age in the socio-cultural context of the present society.

The needed effort parents can adapt is to preserve the development of their children to provide them a protective and caring atmosphere in their homes. Some of the famous theorists have emphasised the relevance of protective elements in the family and their good influence on child development and well-being.

When we talk about the affairs of laws and state functions in order to reduce the hiking graph of juvenile crimes in India, some sensitive steps need to be adopted, such as being careful and friendly with the juvenile delinquent. In addition to this, their approach should be a reformatory in nature, instead of deterrence, so that we can see a change for the welfare of society altogether.

Instances of media reports coverage of Juvenile crimes in India.

• Mayur Vihar murder case: On November 29, 2013, in Mayur Vihar, five children escaped from a city juvenile home amid riots and burning, murdered a jeweller’s wife, and eloped with 50 kg of silver jewellery and Rs. 10 lakh cash. The entire incident was planned by a local cable operator along with a small jeweller, while the plan was executed by a gang of five juveniles.
• October 17, 2015: Two youths were accused of rape after kidnapping an infant of two and a half years of age in Nangloi. The accused benefited when the power cut took place in the locality at midnight. Both the accused were well known to the victim’s family, and this proved to be an advantage to the kidnappers.
• December 24, 2015: A set of three borderline juvenile gunmen opened fire in a chamber at the Karkardooma Court complex, killing a police officer. This incident took place when the court proceeding was ongoing and the ultimate aim was to cause injury to the person who was on trial. A head constable lost his life in this open fire.
• February 24, 2016: A 17-year-old boy convicted of murder, released after just two months from a juvenile home for “good behaviour”, strangled a 65-year-old elderly woman to commit robbery in south Delhi’s BK Dutt Colony. The juvenile, along with his girlfriend, murdered a child abducted for seeking ransom. The prime accused in this case had an obsession with performing in dance reality shows, but because of financial conditions, he could not get enrolled. This sticky obsession, along with money urges, drove him to commit that robbery and murder.
• March 24, 2016: Four minors were found to be linked with a case in which a doctor was beaten to death in Vikaspuri, Delhi. The victim doctor had encountered some heated arguments with two people moving on the bike, and they threatened him to pay a higher price for it. As a subsequent, he was assaulted by nine individuals, including four juveniles. They beat him brutally, and on the road towards the hospital, he lost his breath.
• April 6, 2016: Two juveniles allegedly shot an Uber driver in the Mundka area and fled with the car after dumping the body. The incident took place during a ride booked by two teenagers who did not have a destination to reach. The driver protested against their frequent behaviour to keep moving around the corner; thereafter, one of the two shot his the head to death. After committing this heinous murder, they took out the body and threw it on the roadside.
• December 5, 2016: Two minors, of 16 and 17 years old stabbed a boy of 16 years to death in Jhabu, Madhya Pradesh. They killed him for the sake of 500 rupees. The killers were found to be fit and mature enough to know about what they did and the severe gravity of the offence. After that, the trial took place before the Additional District and Session Court, where they were declared guilty with the punishment of life imprisonment. The reasoning that the court gave behind pronouncing life imprisonment was the heinous gravity of the offence which was committed by the accused.
• At the moment of August 29, 2017, the children of two Bollywood celebrities were seen as accused of abusing their classmate. And they were investigated by the authorities. One of them is the son of an actor. The other is the son of a cinematographer.
• At the time of December 22, 2017: A woman of 22 years was allegedly raped by five people in which four were juveniles, in jahangirpuri area of north west part of Delhi. The victim stated all the scenerio herself and said that she was invited by one of the four accused juveniles at their residencial place where they played with her modesty and commited rape. It came to know that the woman was an employee in a private firm, and the accused forced her to consume alcohol as per his request. They also threatened her exclusively not to say anything to anyone, and they made her a hostage for many hours after the incident..
• In November 2023, A boy who was 18 years old was stabbed to death by a minor individual. The horrific acts were committed with the mere intention of robbery. This brutal murder was committed to take revenge for the quarrel that happened between the accused and the victim a day before. After the incidents, a video became widespread over social media where the minor accused was seen dancing near the body and expressing his heinous act as he was influenced by some gangsters.
• May 19, 2024: A 17-year-old minor under the influence of alcohol killed two motorists while driving a Porsche car. This incident outraged national concern for the day. The juvenile came out on bail on the very same day, and the court directed him to write an essay for 300 words on road safety. This order sparked wide criticism and became a social media sensation over the night. As a result, the juvenile justice board revoked the bail after some time. This significant incident raised many questions regarding juvenile delinquency and the offences committed by them.

So, we have tried every single relevant portion with regard to juvenile crimes that take place here in India. I hope you have come to know all the significant intricacies about juvenile delinquency and its related causes and preventive approaches. It canbe consideredr now that the topic of juvenile crimes is quite known to us and we have studied it in a well and expressive manner. Now, it is the moment to cover the conclusive part of this article. Let’s move to contribute to the conclusion altogether.

Conclusion

Juvenile crimes are one of the serious concerns to think about and take specific measures to deal with them. Indian governments are working to revamp the current scenario in India when it comes to rapidly increasing juvenile crime. Although the cases about juvenile crime have decreased in recent years but there are still several issues that must be addressed by our legislative authorities. In addition to this, our legislature is taking steps to provide good sources of entertainment for children, such as games and competitions, so that they would not indulge in such destructive activities.

Pornography and bad movies are outlawed, and each district has a child guidance centre that provides proper training to those who will be affected. As a parent or as a caretaker, everyone has to contribute in order to fight against such juvenile delinquency. The laws should be implemented with strict applicability throughout the country, which can be a prime aspect to stop these unbreakable crimes committed every day in India. Therefore, adopting such measures and strategies can help us achieve the desired results toward stopping juvenile crimes in this nation.

Frequently Asked Questions (FAQs)

Is a juvenile sent to prison for committing an offence?

When the offender is found to be a juvenile at the moment of an offence committed. He/she has to be sent to a juvenile home or a correctional home. There are juvenile justice boards established in every district to consider such cases. And a juvenile does not need to be sent to a state prison. Because we know that the Indian judicial system provides chances for a minor to get reformed so that he can spend his life in a normal way, as other people do.

What is meant by juvenile delinquency?

In my view, Juvenile delinquency simply means that it is an involvement of a minor child in activities that are illegal, unlawful, or prohibited by the substantive laws at their tender age, which is considered an offence if it is done by any adult. These activities affect the society at large. The cases of juvenile delinquency have been increasing day by day. The Government is supposed to take measures to tackle this ongoing juvenile delinquency.

Why is there a rise in juvenile crimes despite the amendments in the Juvenile Justice Act, 2015?

Several factors are considered causes of the rise in juvenile crimes despite the stated amendments. The socioeconomic conditions, which become a reason for lack of education, financial instability and an insecure environment of the family, are considered one of the major factors behind the increasing acts. The inconsistent effective implementation of legislative Acts also contributes to the irregularities, which include improper training, inadequate resources, and the lack of awareness among the judicial and administrative services. 

The modern approach adopted by children in the present scenario for committing crimes such as cyber fraud and duping may not be recognised by the existing laws. In our society, the worst impact of social platforms and web series on teenagers is that they are influenced to commit criminal activities and go ahead to do the same. We can add further that the mental health and excessive freedom provided to children are also prominent in contributing to a huge impact on the mindset of a minor child. Hence, specific measures must be taken to create reforms in the hike of juvenile offences in our nation.

What is the meaning of juvenile institutions?

We have discussed this term and used earlier, it generally said that the Juvenile institution means shelter homes that are meant to keep young offenders who are minors or juveniles in their ages, as per the holdings of the Juvenile Justice Act, it has an aim for their rehabilitation and reintegration into our society. And the Indian Juvenile System that we follow has categorised these institutions as juvenile justice boards, observation homes, special homes, child welfare committees, and places of safety and all work for the betterment and reformation of children.

Who deals with the cases of juvenile crimes in India?

The Juvenile Justice Board has jurisdiction to deal with such cases where the accused is a juvenile or less than eighteen years of age. These cases can’t be tried in the session Court. However, if the accused is between sixteen to eighteen years old and commits a very heinous offence, then the trial can proceed by assuming such a minor as an adult, and such cases need to be transferred to the Session Court, and the punishment would be awarded accordingly.

Do we need stricter laws for juvenile crimes in India?

In India, the judicial system works on reformative principles in favour of juveniles. So that a juvenile involved in criminal offences can get a chance for reformation to live a better life after coming out of prison. In our nation, the legal system provides an essential opportunity for juveniles to reflect on their actions and the impacting circumstances of their actions. Now we can say that these juveniles are supposed to be taken to observation homes for their changing behaviour. And on the other hand, the punishment for a crime they commit should be equally adequate to the gravity of the offence. And if the offence is heinous and severe altogether, then the punishment should be granted as per the intensity of the offence they committed.

References

• https://factly.in/more-than-99-of-the-juveniles-apprehended-for-crimes-are-boys/.
• https://www.mapsofindia.com/my-india/society/juvenile-crime-on-the-rise-handle-children-with-care.
• https://www.researchgate.net/publication/342734513_JUVENILE_DELINQUENCY_IN_INDIA.
• https://theprint.in/india/educated-juveniles-crimes-more-illiterate-ones-2017-ncrb/310527/.
• https://timesofindia.indiatimes.com/india/Released-2-months-after-committing-murder-juvenile-kills-again/articleshow/50859426.cms
• https://timesofindia.indiatimes.com/city/delhi/heinous-crime-by-young-runaway-juveniles-held-for-murder-robbery-in-delhi/articleshow/26010449.cms
• https://timesofindia.indiatimes.com/india/what-is-nirbhaya-case/articleshow/72868430.cms
• https://www.jstor.org/stable/2780858

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