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

Introduction
The Juvenile Justice Care and Protection Act 2000 popularly known as The Juvenile Justice Act 2000
is a legal framework for protecting the rights of children and provide justice for them. The Act
consists of 70 sections in five chapters. The Act was further amended in the year 2006 and 2011.
The Constitution of India has provisions for protection of children which provides a strong base for
this Act. Art. 24 of the Constitution of India deals with children. Art.24 prohibits the employment of
children below 14 years of age in hazardous jobs and Art. 21 A. inserted in the Constitution by the
86th Amendment Act provides free and compulsory education to children between six to fourteen
years of age. Also Art.39 (f) of the constitution says that the children shall be given opportunity and
facilities to grow in a healthy manner and should be protected from exploitation. Other provisions
for protection of children are Employment of Children Act 1938, Children (Pledging of Labour) Act
1933.
The Juvenile Justice Act 2000 extents to whole of India except the State of Jammu and Kashmir. As
per the provisions of the Act a ‘juvenile’ is a person who has not completed the age of 18 years.
Sec.4 of the Act speaks about a Juvenile Justice Board which should be created by the State
Governments and the Board should consist of a metropolitan magistrate or a first class judicial
magistrate and two social workers who must have immense knowledge in child psychology. There
are provisions for special homes, observation homes, Children’s homes and Shelter homes for
protection of juvenile.Sec.29 of the Act deals with a Child Welfare Committee which is a District
level quasi judicial body and should consist of five members. The Committee is constituted for
protection, care, development and rehabilitation of ‘Children in Need of Care’. The Act also deals
with adoption, foster care, sponsorship and sending the child to after care organizations.Sec.63 of
the Act provides for Special Juvenile Police Unit. As per this section in every police station one
officer should be appointed as the ‘juvenile or child welfare officer’. Amendment made in 2011
deleted certain discriminatory provisions available to persons affected from leprosy. While looking
back Apprentice Act 1850, Reformatory Schools Act 1897, Indian Jail Committee Act and Children
Act 1960 were kept in the position of Juvenile Justice Act 2000. The parliament of India further
amended the Act of 2000 in 2006 and 2011. In the state of Jammu and Kashmir Juvenile Act 1997
was the law for the justice of children but it was now repealed and brought Jammu and Kashmir
(Care and Protection of Children) Act 2013.
There are many conventions and declarations for the protection of Juvenile Justice in international
arena. Geneva Declaration of the Rights of The Child 1924, Articles 23 and 24 of the Universal
Declaration Of Human rights in the International Covenant on Civil and Political Rights, Art.10 of
the International Covenant On Economic Social and Cultural rights , United Nation’s convention on
the Rights of The Child 1989(signed and ratified by India in 1992), UN General Assembly Resolution
1386 of December 1959 which adopted declaration of the Rights of The Child, Convention on
protection of Children and Inter-country Adoptions are the important steps. These declarations,
covenants and convention are the basis of Juvenile Act in almost all countries and also these steps
raise a platform for children in International scenario.
After the Delhi Gang Rape case the demand for further amendments to Juvenile Justice Act were
raised to reduce the age of juvenile from 18 to 16. Terrorist groups like Lashkar-e-Toiba exploit this
as a loophole. In July 2014 the said group had asked its members to declare their age to be below 18
years so that they will be excluded from trial under IPC. As per the Act the maximum punishment is
3 yrs imprisonment. The Union govt. has now decided to make further amendments to the Act. The
major change to be brought is that the children between 16 to 18yrs. Who are engaged in heinous
crime shall be treated as adults and will be tried according to IPC. When we make a glimpse on the
records of National Crime Records Bureau, in 2013 the cases of rape registered with juveniles as
accused were 347 in Madhya Pradesh, 197 in Maharashtra, 196 in Uttar Pradesh, 134 in Delhi and
183 in Rajasthan this proves that the proposal of amendment is a need of the hour. Not only rape
cases but other cases like murder, attempt to commit murder, kidnapping, abduction, rioting and
thefts were also registered with juveniles as accused. According to the reports of National Crime
Records Bureau Rajasthan reports large number of cases with juvenile as accused.

How is juvenile under juvenile justice act 2000? What are the objective of act?

Objects, aims and reasons of enacting the Juvenile Justice

The Statement of Objects and Reasons of the Juvenile Justice (Care and Protection of Children) Act,
2000 provides that a review of the working of the Juvenile Act, 1986 would indicate that much
greater attention is required to be given to children in conflict with law or those in need of care and
protection.
The justice system as available for adults is not considered suitable for being applied to a juvenile
or the child. It is also necessary that the juvenile justice system must be easily accessible to a
juvenile or the child or anyone on their behalf including the police, voluntary organizations, social
workers, or parents and guardians, throughout the country.
There is also an urgent need for creating adequate infrastructure necessary for the implementation
of the proposed legislation with a larger involvement of informal systems specially the family, the
voluntary organizations and the community.
In this context the Juvenile Justice (Care and Protection of Children) Act, 2000 repealed the existing
Juvenile Justice Act, 1986 with a view to achieve the following objects:

(i) To lay down the basic principles for administering justice to a juvenile or the child in the Act;
(ii) To make the juvenile justice system meant for a juvenile or the child more appreciative of the
developmental needs in comparison to criminal justice system as applicable to adults;
ADVERTISEMENTS:

(iii) To bring the juvenile law in conformity with the United Convention on the Rights of the Child;
(iv) To prescribe a uniform age of eighteen years for both boys and girls;
(v) To ensure speedy disposal of cases as enshrined under Article 21 of the Constitution of India by
the authorities envisaged under this Act regarding juvenile or the child within a time limit of four
months;
(vi) To spell out the role of the State as a facilitator rather than doer by involving voluntary
organizations and local bodies in the implementation of the proposed legislation
(vii) To create special juvenile police units with a humane approach through sensitization and
training of police personnel;
(viii) To enable increased accessibility to juvenile or the child by establishing juvenile Justice
Boards and Child Welfare Committees and Homes in each district or group of districts;
(ix) To minimize the stigma and in keeping with the developmental needs of the juvenile or the
child, to separate the Act into two parts—one for juveniles in conflict with law and the other for the
juvenile or the child in need of care and protection;
(x) To provide for effective provisions and various alternatives for rehabilitation and social
reintegration such as adoption, foster care, sponsorship and aftercare of abandoned, destitute,
neglected and delinquent juvenile and child.
This Act aims to consolidate and amend the law relating to juveniles in conflict with law and
children in need of care and protection, by providing for proper care, protection and treatment by
catering to their developmental needs, and by adopting a child friendly approach in the
adjudication and disposition of matters in the best interest of children and for their ultimate
rehabilitation through various institutions established under this enactment.
Reasons for the enactment of the Juvenile Justice (Care and Protection of Children) Act,
2000:
(1) The Indian Constitution has, in several provisions, including clause (3) of Article 15, clauses (e)
and (f) of the Article 39, Articles 45 and 47, impose on the State a primary responsibility of ensuring
that all the needs of children are met and that their basic human rights are fully protected.
Clause (3) of Article 15 states that nothing in this Article shall prevent the State from making any
special provision for women and children. Clause (e) of Article 39 states that the health and
strength of workers, men and women and the tender age of children are not abused and that the
citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
Clause (f) of Article 39 states that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material abandonment.
Article 45 states that the State shall endeavor to provide, within a period of ten years from the
commencement of this Constitution for free and compulsory education for all children until they
complete the age of fourteen years.
Article 47 of the Constitution states that the State shall regard the raising of the level of nutrition
and the standard of living of its people and the improvement of public health among its primary
duties and, in particular, the State shall endeavor to bring about prohibition of the consumption,
except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health.
The above Articles of the Constitution of India impose on the State a primary responsibility of
ensuring that all the needs of children are met and that their basic human rights are fully protected.
The General Assembly of the United Nations has adopted the Convention on the Rights of the Child
on the 20th November, 1989. The Convention on the Rights of the Child has prescribed a set of
standards to be adhered to by all State parties in securing the best interests of the child. The
Convention on the Rights of the Child emphasizes social reintegration of child victims, to the extent
possible, without resorting to judicial proceedings.
Since the Government of India has ratified the Convention on the 11th December, 1992, it decided
to re-enact the existing law relating to juveniles bearing in mind the standards prescribed in the
Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty (1990), and all other relevant international
instruments. Hence, the Parliament enacted the Juvenile Justice (Care and Protection of Children)
Act, 2000 and made the Juvenile Justice (Care and Protection of Children) Rules, 2001.
As per Section 1 of the Juvenile Justice (Care and Protection of Children) Act, 2000, it extends to the
whole of India except the State of Jammu and Kashmir. It came into force on April 1, 2001 vide
Notification No. 80177 (E) Dt. 28-2-2001.
Section 1(4) provides that notwithstanding anything contained in any other law for the time being
in force, the provisions of this Act shall apply to all cases, involving detention, prosecution, penalty
or sentence of imprisonment of juveniles in conflict with law under any such law.
The Juvenile Justice (Care and Protection of Children) Act, 2000 deals with three types of juvenile or
children problems—
(i) juvenile in conflict with law;
(ii) child in need of care and protection; and
(iii) rehabilitation and social reintegration of a child.

What punishment can’t be passed? What special provision are laid down under the act about
juvenile in conflict with law.

Age determination is of paramount importance to find out whether the accused falls under the
purview of the Juvenile Justice Act. Juvenile is a person whose age is below 18. Juvenile Justice is a
legal framework which defines justice for juveniles in India; it supports and gives special
approaches towards prevention and treatment of Juvenile delinquency. Juvenile delinquency is a
crime committed by youths or illegal behaviour by minors. In other words, individuals younger
than the statutory age of majority.
The first act in India concerning the children was brought to existence during the British rule in
1850 known as the Apprentice Act. Later the Reformatory Schools Act, 1897 came into existence.
After that, in 1960 the Children Act, which was implemented by various states, was centralized. To
remove various deficiencies in the Act, a Children (Amendment) Act, 1978 was passed. The Juvenile
Justice Act 1986 was passed by India in 22nd August, 1986. Later, this act was repealed after India
signed and ratified the Child Rights Convention 1989 in year 1992 and a new act was passed. This
act came to be known as the Juvenile Justice Act, 2000. This Act was amended in 2006 & 2010. Now
it is called the Juvenile Justice (Child Care & Protection Act) 2000.
The Juvenile Justice Act places juveniles in two categories:

1. Juveniles in "conflict with the law" handled by the state government.

 2. Juveniles in the need of “care and protection” to be looked after by state governments and
child welfare committees.
According to the Child and Care protection Act, the maximum tenure of punishment give to the
Juveniles is maximum 3 years and this type of punishment is generally given for serious crimes like
rape, murder etc. The other types of punishments are : 1. Rehabilitation centres 2. Juvenile Schools
3. Fines 4. They will be made to work in various programmes by the government etc. In the present
day scenario, there is no need for juveniles to be given such minor punishments.
Special provisions for (Conflict with Law) heinous offences committed by children above the
age of sixteen years -

Under Section 15, special provisions have been made to tackle child offenders committing heinous
offences in the age group of 16-18 years. The Juvenile Justice Board is given the option to transfer
cases of heinous offences by such children to a Children’s Court (Court of Session) after conducting
preliminary assessment. The provisions provide for placing children in a ‘place of safety’ both
during and after the trial till they attain the age of 21 years after which an evaluation of the child
shall be conducted by the Children’s Court. After the evaluation, the child is either released on
probation and if the child is not reformed then the child will be sent to a jail for remaining term. The
law will act as a deterrent for child offenders committing heinous offences such as rape and murder
and will protect the rights of victim.

VIEWS ON JUVENILE JUSTICE ACT:

Nowadays, we all know that heinous crimes are being committed by juveniles and now we are in a
situation debating about the juvenile' sage and punishment which is not given to them according to
the crimes committed by them. Age determination is the most important factor to find out whether
the accused falls under the purview of the Juvenile Justice Act. Accurate recording of the age is also
important to form child welfare committees and institutes.
In the case of Ram Singh and others v. State of Delhi also known as Nirbhaya or the Delhi Gang Rape
case, 2012 created huge havoc regarding punishments given to the juvenile convict should be same
as given to other convicts. Yes, the juveniles should also be treated in the same way because they
have committed the same crime and also if they are below statutory age of majority they need to be
punished for the crime they have committed, because if they get away with it will become a habit
which will carry on till the later part of their life, definitely they should get same treatment. The
sooner a child is held accountable for their actions, the sooner they will come to know there are
consequences for their consequences for their actions. Giving punishment is a positive thing so they
should receive this understanding and rectify them in their upbringing itself. They should be
punished the moment they commit crime that is the best gift they can receive. The sooner the better
while their minds are in developing stage.
Next issue arises, whether any special provisions should be made for juveniles? No special
provisions have to be made for them, opposing this point because there is no inclusion of extra
punishment for them. The difference is only that they are tried in juvenile courts now they will be
tried in regular courts where they will be questioned the facts of the crime, their intention behind
the crime, mens rea behind crime, etc.
Another issue that the age of a juvenile should be 16 or 18 so as to treat them adults:-
As per National Crime Record Bureau in the year 2011 - 64 per cent of the crimes has been
committed by juveniles between the age of 16 and 18. Many heinous crimes are committed
between the age of 16 and 18. This age is highly volatile and highly unstable. Particularly during
this period they don’t know what to do, they don’t know how to react. But rapid mental
development occurs during that stage. If they keep on indulging in these type of activities their life
is at stake. Whatever may be the age , they have committed a crime so they should be put behind
the bars.
Despite the introduction of comprehensive beneficial schemes for children, the implementation is
defective. Appropriate training is not there and the main concern is about the accountability. The
police officers are highly brutal towards the juveniles and abuse in the observation homes. It is high
time now that government should take necessary steps to seek charge of juveniles pending or on
completion of inquiry.
IMPLICATIONS:
The Juvenile Justice (Care and Protection of Children) Amendment Act 2015, has been passed by
the Rajya Sabha. It was introduced in Parliament last year after public outrage because one of the
offenders in the 2012 gang rape case was a few months short of 18 years of age.
 The Act allows for juveniles 16 years or older to be tried as adults for heinous offences like
rape and murder. Heinous offences are those which are punishable with imprisonment of
seven years or more.
 The Act mandates setting up Juvenile Justice Boards and Child Welfare Committees in every
district. Both must have at least one woman member each.
 The decision to try a juvenile 16 years or older as an adult will be taken by the Juvenile
Justice Board, which will have a judicial magistrate and two social workers as members. If
the board decides against it, the juvenile will be sent for rehabilitation.
 The Child Welfare Committees will look at institutional care for children in their respective
districts. Each committee will have a chairperson and four other members, all specialists in
matters relating to children.
 India is a signatory to the UN Convention on the Rights of the Child which mandates that all
children under the age of 18 years be treated equal. The Act has been criticized for violation
of the Convention.
CONCLUSION:
One of the most criticized steps in the new JJ Act 2015 is introduction of "Judicial Waiver System"
which allows treatment of juveniles, in certain conditions, in the adult criminal justice system and
to punish them as adults. This is for the first time in India's history that such a provision has been
prescribed. Given to the severe criticism, Bill was referred to a Standing Committee of Parliament
which also rejected such provisions. Since recommendations of Parliament's Standing Committee
are not binding, Government has moved ahead and introduced the Bill in Lok Sabha, where it stands
passed. The Act is also criticized for prescribing an opaque Age Determination System and its poor
draft.
Opinion on Reduction of age of juvenile under consideration

The issue of lowering of the age of criminality under the Juvenile Justice (JJ) Act has been debated
over for the past one year. It was raised after the Delhi gang-rape case, which had led to an
unprecedented outpouring of anger and triggered collective introspection on the safety of women
and girls.
This is being debated over with the report of the Parliamentary Committee on Empowerment of
Women, which recommended fixing the age of male juveniles at 16 years and suggested a serious
debate on measures to check the increasing trend of crimes that are being committed by juveniles
and are punishable under the Indian Penal Code (IPC).
The JJ Act was enacted in the year 2000 with an aim for incorporating its international obligations
under international law into its domestic legislations. India is a signatory of the United Nation.
Convention on the Rights of the Child of 1989, the United Nation Standard Minimum Rules for
Administration of Juvenile Justice 1985 ie “Beijing Rules” and the United Nation Rules for the
Protection of Juveniles Deprived of their liberty 1990. The JJ Act 2000 is a law in compliance to its
obligation to the aforesaid international treaties. The principle behind the legislation is that
juveniles lack the physical and mental maturity to take responsibility for their crimes; and because
their character is not fully developed, they still have the possibility of being rehabilitated. The
amendment to JJ the Act 2000 brought both male and female below the age of 18 years within the
ambit of the juvenile justice system, but prior to it was male below the age of 16yrs and females
below the age of 18 years as per JJ Act 1986.
The Justice Verma Committee had recommended against the lowering of age of criminality under
the JJ Act. The committee cautioned, “Any attempt of reducing the age of juvenility, or excluding
certain children from the purview of the Juvenile Justice (Care and Protection of Children) Act 2000
on the basis of nature of the offence and age, will violate guarantees made under the Constitution
and international instruments, the United Nation Convention of Rights of the Child (UNCRC).
But the Supreme Court had dismissed the petitions seeking direction to the Central Government for
amendment of the Act and reducing the age of criminality. It was of the view, “The age of 18 has
been fixed on account of the understanding of experts in child psychology and behavioural patterns
that till such an age the children in conflict with law could still be redeemed and restored to
mainstream society, instead of becoming hardened criminals in future.”
The provisions of the JJ Act have been debated for lowering the age of juvenility at parlance with the
juvenile justice system in the USA and the UK. In the US, there was a shift from a restorative to a
retributive juvenile justice policy.
This change was mainly due to a massive rise in the incidence of juvenile and extraordinary
violence and brutality of juvenile crimes. Now, the juveniles involved in heinous crimes are heard in
adult courts instead of juvenile courts. Similarly in the UK, a persons under 18 is tried by a Youth
Court, which is a special type of magistrate’s court that has power to issue community sentences,
behavioural programmes, reparation orders, youth detention and rehabilitation programmes which
last three years.
However, for serious crimes like murder or rape, the case starts in the Youth Court but is
transferred to a Crown Court. It can maximum sentence punishment i.e. applicable to an offender
who is 21 years or an adult.
But the scenario in India is very much different as compared to the US and the UK as the juvenile
delinquency rate has ranged between 1.6 per cent and 2.1 per cent of the total crimes (as against
half of the total crime rate in the US), and of these only 5 per cent to 8 per cent are violent crimes
like murder and rape (as against a substantial percentage of violent crimes in the US). There is a
need for ensuring proper implementation of the juvenile justice system and achieve its objective.
According to a media report, the total number of remand homes in India is 815 with a capacity of
35,000, But the total number of juvenile accused under the JJ Act is 1.7 million. This shows that the
lacunae in proper infrastructure in the system do not ensure a conducive environment for
reformation and rehabilitation of juveniles as envisioned by the principles enshrined in
international law.
But in one aspect there can be amendment to the JJ Act for a maximum limitation period for
sentencing, i.e., maximum three years as per the present Act. This period is very short and is neither
justifiable on grounds of deterrence nor adequate for any kind of reform programme, i.e., the main
objective of the Act. This period can be extended at parlance with laws similar in the UK as juveniles
involved in heinous crimes can be sentenced for a maximum period as applicable to an adult.
Therefore, it can be finally said that enhancement of the period of custodial sentence and
increasing it to its maximum limit would lead to a proper reformation programme and work as a
deterrence among the juveniles in conflict with law. While rehabilitation is certainly an important
legal and societal objective, this surely has to be balanced with creating a legal deterrent to protect
women and girls from the increasing incidence of rapes by juveniles.

Section 12. Bail of juvenile

(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is
arrested or detained or appears or is brought before a Board, such person shall, notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the
time being in force, be released on bail with or without surety but he shall not be so released if
there appear reasonable grounds for believing that the release is likely to bring him into association
with any known criminal or expose him to moral, physical or psychological danger or that his
release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail under sub-section (1) by the
officer incharge of the police station, such officer shall cause him to be kept only in an observation
home in the prescribed manner until he can brought before a Board.
(3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of
committing him to prison, make an order sending him to an observation home or a place of safety
for such period during the pendency of the inquiry regarding him as may be specified in the order.

Chapter IV – Rehabilitation and Social Reintegration

Section 40. Process of rehabilitation and social reintegration
The rehabilitation and social reintegration of a child shall begin during the stay of the child in a
children’s home or special home and the rehabilitation and social reintegration of children shall be
carried out alternatively by
(i) adoption,
(ii) foster care,
(iii) sponsorship, and
(iv) sending the child to an after-care organisation.
Section 41. Adoption
(1) The primary responsibility for providing care and protection to children shall be that of his
family.
(2) Adoption shall be resorted to for the rehabilitation of such children as are orphaned,
abandoned, neglected and abused through institutional and non-institutional methods.
(3) In keeping with the provisions of the various guidelines for adoption issued from time to time
by the State Government, the Board shall be empowered to give children in adoption and carry out
such investigations as are required or giving children in adoption in accordance with the guidelines
issued by the State Government from time to time in this regard.
(4) The children’s homes or the State Government run institutions for orphans shall be recognised
as an adoption agencies both for scrutiny and placement of such children for adoption in
accordance with the guidelines issued under sub-section (3).

(5) No child shall be offered for adoption-

a. until two members of the Committee declare the child legally free for placement in the case of
abandoned children,
b. till the two months period for reconsideration by the parent is over in the case of surrendered
children, and

c. without his consent in the case of a child who can understand and express his consent.
(6) The Board may allow a child to be given in adoption-
d. to a single parent, and
e. to parents to adopt a child of same sex irrespective of the number of living biological sons or
daughters.
Section 42. Foster care
(1) The foster care may be used for temporary placement of those infants who are ultimately to be
given for adoption.
(2) In foster care, the child may be placed in another family for a short or extended period of time,
depending upon the circumstances where the child’s own parent usually visit regularly and
eventually after the rehabilitation, where the children may return to their own homes.
(3) The State Government may make rules for the purposes of carrying out the scheme of foster
care programme of children.
Section 43. Sponsorship
(1) The sponsorship programme may provide supplementary support to families, to children’s
homes and to special homes to meet medical, nutritional, educational and other needs of the
children with a view to improving their quality of life.
(2) The State Government may make rules for the purposes of carrying out various schemes of
sponsorship of children, such as individual to individual sponsorship, group sponsorship or
community sponsorship.
Section 44. After-care organisation
The State Government may, by rules made under this Act, provide-
(a) for the establishment or recognition of after-care organisations and the functions that may be
performed by them under this Act;
(b) for a scheme of after-care programme to be followed by such after-care organisations for the
purpose of taking care of juveniles or the children after they leave special homes, children homes
and for the purpose of enabling them to lead an honest, industrious and useful life;
(c) for the preparation or submission of a report by the probation officer or any other officer
appointed by that Government in respect of each juvenile or the child prior to his discharge from a
special home, children’s home, regarding the necessity and nature of after-care of such juvenile or
of a child, the period of such after-care, supervision thereof and for the submission of report by the
probation officer or any other officer appointed for the purpose, on the progress of each juvenile or
the child;
(d) for the standards and the nature of services to be maintained by such after care organisations;
(e) for such other matters as may be necessary for the purpose of carrying out the scheme of after-
care programme for the juvenile or the child :
Provided that any rule made under this section shall not provide for such juvenile or child to stay in
the after-care organisation for more than three years:
Provided further that a juvenile or child over seventeen years of age but less than eighteen years of
age would stay in the after-care organisation till he attains the age of twenty years.
Section 45. Linkages and co-ordination
The State Government may make rules to ensure effective linkages between various governmental,
non-governmental, corporate and other community agencies for facilitating the rehabilitation and
social reintegration of the child.
Juvenile Justice Board and Procedure.

Section 4. Juvenile Justice Board

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the
State Government may, by notification in the Official Gazette, constitute for a district or a group of
districts specified in the notification, one or more Juvenile Justice Boards for exercising the powers
and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict
with law under this act.
(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, as
the case may be, and two social workers of whom at least one shall be a woman, forming a Bench
and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2
of 1974), on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of the first class
and the Magistrate on the Board shall be designated as the principal Magistrate.
(3) No Magistrate shall be appointed as a member of the Board unless he has special knowledge or
training in child psychology or child welfare and no social worker shall be appointed as a member
of the Board unless he has been actively involved in health, education, or welfare activities
pertaining to children for at least seven years.
(4) The term of office of the members of the Board and the manner in which such member may
resign shall be such as may be prescribed.
(5) The appointment of any member of the Board may be terminated after holding inquiry, by the
State Government, if –
i. he has been found guilty of misuse of power vested under this act,
ii. he has been convicted of an offence involving moral turpitude, and such conviction has not been
reversed or he has not been granted full pardon in respect of such offence,
iii. he fails to attend the proceedings of the Board foe consecutive three months without any valid
reason or he fails to attend less than three-fourth of the sittings in a year.
Section 5. Procedure, etc. in relation to Board
(1) The Board shall meet at such times and shall, observe such rules of procedure in regard to the
transaction of business at its meetings, as may be prescribed.
(2) A child in conflict with law may be produced before an individual member of the Board, when
the Board is not sitting.
(3) A Board may act notwithstanding the absence of any member of the Board, and no order made
by the Board shall be invalid by reason only of the absence of any member during any stage of
proceedings:
Provided that there shall be at least two members including the principal Magistrate present at the
time of final disposal of the case.
(4) In the event of any difference of opinion among the members of the Board in the interim or final
disposition, the opinion of the majority shall prevail, but where there is no such majority, the
opinion of the principal Magistrate, shall prevail.
Section 6. Powers of Juvenile Justice Board
(1) Where a Board has been constituted for any district or a group of districts, such Board shall,
notwithstanding anything contained in any other law for the time being in force but save as
otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under
this Act, relating to juvenile in conflict with law.
(2) The powers conferred on the Board by or under this Act may also be exercised by the High
Court and the Court of Session, when the proceedings comes before them in appeal, revision or
otherwise.

Short note - Beggar

Section 2 (b) “begging” means-
i. soliciting or receiving alms in a public place or entering into any private premises for the purpose
of soliciting or receiving alms, whether under any pretence;
ii. exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury,
deformity or disease, whether of himself or of any other person or of an animal
Section 24. Employment of juvenile or child for begging
(1) Whoever employs or uses any juvenile or the child for the purpose or causes any juvenile to beg
shall be punishable with imprisonment for a term which may extend to three years and shall also be
liable to fine.
(2) Whoever, having the actual charge of, or control over, a juvenile or the child abets the
commission of the offence punishable under sub-section (1), shall be punishable with
imprisonment for a term which may extend to one year and shall also be liable to fine.

What Is Juvenile Delinquency?

According to the FBI, a juvenile is anyone under the age of 18 regardless of how each individual
state defines a juvenile. A delinquent is an individual who fails to obey the laws. Juvenile
delinquency is defined as an individual under the age of 18 who fails to abide by the laws.

Causes of Juvenile Delinquency

Juvenile delinquency takes place in different ways and it may vary in degree, frequency and
seriousness and involves different forms like theft, pick pocketing, drug addiction, sex offences,
predatory acts etc. Delinquency like other social problems has complex roots. The child being future
of the country should be given good environment and good moral teachings which make him a
responsible and wise citizen of the country. If the child is growing up in an unpleasant surrounding,
he learns wrong norms and values and soon after his childhood it is not easy to bring him back to
the right path. When the child being managed to ignore their first crime then it gives them further
encouragement to commit more and more offences till they are apprehended, tried and convicted
by the authorities. Now days the juvenile delinquents indulge in committing the serious nature of
offences as like adults which including theft, robbery, dacoity, murder and even rape. No single
cause has been attributed for the cause of Juvenile delinquency, there are innumerable causes
basically, and causes of Juvenile delinquency are of three types.
• Biological

• Socio-Environmental
• Physiological and personal
A. Biological Causes
1. “Ocular Ailments: It leads to irritability causing emotional instability and discomfort among
children. Moreover, this may prevent them from acquiring sufficient knowledge hampering them
from leading a normal life.
2. Nose and throat problem: This may cause weakness and discomfort and may result in dislike-
ment for work and school bunking. Obstructed breathing may result in mouth breathing and may,
thus, give an appearance of inefficiency in work15.
3. Hearing Problem: Such as deafness or difficulty in hearing makes the person concerned incapable
for any particular work. His efficiency is greatly decreased which adversely affects his ability to
work and he depends on others which may lead to antisocial behaviour.
4. Speech Problem: An individual with speech problem is pitted or laughed at in the society. Due to
this feeling of inferiority may be developed which may lead to a desire to make up in criminal acts.

5. Enuresis: It involves a disorder of functions of the bladder. Sometimes it discomfort and even
some time may lead to delinquency.
6. Irritation: Irritation caused by ailments such as different types of allergies, eczema, and irritation
of sexual organs is also a significant factor resulting in delinquency.
7. Headache: It may cause irritation of temperamental though rarely may result in some sort of out
burst16
8. Excessive strength: A person who is possessed excessive physical strength and his mental trait
being uncultured and not properly channelized, probability of his committing an act of offence
becomes higher.17
9. Hypoglycaemia: Hypoglycaemia caused by low level of glucose in blood disturbs the mental
equilibrium and affects the level of consciousness, memory and orientation. It may make the person
liable to assault, violent behaviour, disruption of peace, suicide homicide, drunkenness, theft,
mischief, arson and slander”18.
B. Socio-Environmental
1. Mobility: It is the major factor which is liable for crime causation in the society. Nowadays
communication and travel facilities have become easy due to industrialization and urbanization
which have led to the migration of persons to new places. Chances of detection to these new places
are low offers them opportunity for crime.
2. Cultural conflicts: The urbanization and industrialization have resulted in drifting of people from
one place to another which has led to cultural conflicts between inhabitants and immigrants. Such
cultural conflicts occurring between different sections of a society have resulted in deviant
behaviour thus increasing the crime rate of that particular place. Ruth & Cavan19 found that
“Eskimos are also still not free from the problem of crime. They frequently indulge into deviant
behaviour such as drunkenness and sex offences due to their immigration to urban areas and social
contact with non-Eskiness”. India also suffered from the same problem during Indo-Pak partition in
1947 and in Pak-Bangladesh times in 1971. That time there was increased immigration of
„Refugees‟ from Sindh and NWF region in 1947, which created a barrier in the long-established
social structure of Indian Society and resulted into massive increase in crime.
3. Family Background: This factor also encourages the Juvenile to commit for offence in the society.
Sutherland20 said that “the family background has greatest influence on the criminal behaviour of
offender or Juvenile. The Children divert themselves towards criminal tendencies, if they find their
parents or members of the family behaving in the similar manner. A child who is grown up in a
hostile aggressive parenting atmosphere becomes an easy prey to criminality”.
There is lack of parental support and control over their children due to separation, divorce or
desertion which may indulge them in criminal acts. The regular fights among the parents,
domination of one over the other, step-motherly behaviour with children, depravity of parents,
poverty, unpleasant family atmosphere, unemployment, low income or parent‟s continued long
absence from home may led to the child to fall in the bad company and indulge in the criminal
activity. Some are the same factor which emanates from the family background are as under:-
(a) Family Structure: The structures of the family are responsible for figuring out the
personality/character development of the child. A healthy and educated family provide good
atmosphere and encourages growth, confidence and makes him a responsible and sensible citizen.
Delinquents mostly belong to poor and inadequate homes (Carr21 and Srivastava22). Ingram23
found family structure to have important bearings on delinquent behaviour of a child. Dornbuschs
24 study revealed that “both the patterns of family structure and decision making contribute
distinctly to adolescents deviant behavior”.

(b) Broken Homes: Broken home means a home where there is instability present in homes due any
one of the missing family member like either the parents is dead or living separately or is divorced.
If parents are drunkards or drug addicts or often fights with each other also disturbs the mind of
such children. In such conditions, the child feels insecure and in that way finds his path.

21 Carr , Lowell,J., Delinquency Control,1950,p.166

22 Srivastava, S.S. Juvenile Vagarancy: A Socio-Ecological Study of juveniles Vagarents in the Cities
of Kanpur and Lucknow. Bombay: Asia Publication House 1963.
23 Ingram, G.L. Families in Crises. In R.E. Hardy, And J.G. Cull (Eds),Therapeutic Needs of the
Family: Problems, Discriptions and therapeutic Approaches. Sprinfield, IL: Charles C. Thomas ,15,
1974, 240.
24 Dornbuschs, S.M., et al., Single Parents Extended Households, and the Control of Adolescents. He
is attracted toward the anti-social elements, which he choose to keep happy himself and in this
process, he is lead towards the path of delinquency. Various researchers have found high incidence
of broken homes among juvenile delinquents. Shaw and McKay 25 (1932), Weeks and Smith
(1939), Glueck and Glueck (1950), Browning (1960), Peterson and Becker (1965) have reported in
their studies the relationship between broken home and delinquency.
Badami (1965);considered broken homes with other factors, such as, poverty, lack of recreational
facilities, disorganized family, including family conflicts, and neglect of children to be the important
factors causing juvenile delinquency. Rankin (1983) found that broken homes were highly
associated with family offenses such as running away from home and school absentism rather than
with other types of juvenile delinquent activities.
(c) Child's Birth Order in the Family: Lees and Newson (1954) found that sibling position could
be an attributing factor for differences among the delinquent. According to their study middle
children are likely to get less attention and care compared to older and younger children resulting
in attention deficit disorder. Such children are more likely to get prone in criminal activities and
their number is also considerably large in group of delinquents. The results of their study have
received some support from the findings of Gluecks (1950) and Nye (1958).
(d) Family Size and Type: It is also recognize as a factor in reason of delinquent behavior.
Delinquents mostly belong to joint and bigger families as compared to the smaller and nuclear
families as less attention is likely to be paid towards children in bigger families.
Glueck (1950) found “delinquent child were more frequently come from joint and larger families”.
Andrew (1976) and Fisher (1984) also found similar results in their studies on juvenile
delinquents.
Similarly, several studies have been done which have emphasized upon the large size of population
to be a contributing factor to the growth of juvenile delinquency, but systematic studies are
required to be done in India to investigate into this phenomenon.
(e) Parent-Children Relationship: The most significant factor in the behavioural development of a
child is the relationship with their parents. The relationship with a family is important in shaping
the inter-personal behaviour and cognition of the child (Glueck and Glueck, 1950 and Nye, 1958).
According to Desai (1979), “the child needs to feel that there is at least one solid dependable fact in
the changing confusion of his social relationships, that he need never doubt his parents‟ affection
for him”. But in many cases, misunderstandings, hard feelings and open conflicts occur between
parent and the child. The infrequent delinquents showed greater bonding with their family than the
habitual, or the professionals. Lakshmann (1982) reported that “juvenile delinquency is affected by
the differential treatment given to the children by their parents”.
4. Socio-economic condition: This condition is also a factor which leads to the child to commit the
offence. Present day industrial progress, economic growth and urbanization have paralyzed our
domestic life. The loose control over the wards has slackened this leaving them free to behave as
they like. Now-a-days, money is the parameter to gauge or measure the social status of a man in
society. The crimes in the high circle of society may easily be covered up through money. The
poverty contributes a major factor in commission of crime.
5. Neighbourhood: The influence of neighborhood is also having much to do with the type of
crimes occurring in that particular area. Therefore, densely populated villages, towns and cities
offer regular opportunities for crimes relating to theft, fraud, dacoity, burglary, kidnapping,
cheating etc. The cases of theft and pick pocketing are common at public places like bus and railway
stations. Another considerable characteristic of delinquency is certain anti-social activities in the
neighborhood. It includes gambling houses, brothels and similar other bad characters institutions.
6. Alcohol and Intoxication: Now-a-day, it has become a fashion in the youth to consume alcohol.
Generally people give a spoon of Brandy to a sick child who is suffering from cold and cough. They
thought that the Brandy can be useful for cold and cough, but the use of alcohol in any manner
causes heavy damage to the mind and body of the person or child, who consumed liquor. A child
cannot identify the consequences of his acts of consuming alcohol. Those who take alcohol
generally lose self-control. Generally it is a reason for fighting between husband-wife and children
and led to assault on them. It creates hostile atmosphere at home and the children think it better to
go away from house. This may also reason for frustration in children which led them for
commission of crime. The lack of discipline and hostile atmosphere in family is very dangerous to
the child. The family should take care of child otherwise they might be indulging in commission of
offence27.

7. Peer Group: The behaviour of an individual largely depends on his peers. Some of the individuals
(mostly in teen ages) form gangs in which a number of individuals associate together in group
activity which often emerges into criminal tendency28. Gangs act as a contributory factor to
juvenile delinquency. Boys and girls often learn techniques of committing crimes in gangs. Gang is
more or less a means of conveying techniques of delinquencies, of training in delinquency, of
safeguarding its members engaged in delinquency and of maintaining continuity in delinquency29 .
If a child remains with other delinquents then he gets more opportunities of engaging himself in
criminal activities. He joins gang to secure everything which he does not get otherwise.
8. Nature of Society: The living condition of a society whether democratic, socialist or dictatorship,
also determines the prevalence of delinquent behaviour of the children in that society. Also, the
surroundings of people in society are one of the aspects of society which affect juvenile
delinquency. For example, the rural and urban settlement in India is much dissimilar in terms of
livelihood, education, language and living conditions etc. These dissimilarities seem to have
differentially affected the frequency of delinquency and this side needs to be further research.
9. The socio-cultural conditions: The socio-cultural condition is also a contributing factor for
juvenile delinquency. When a child living in a society he meets to different types of persons some
who were engaged in criminal activities. The anti-social elements in the society have a tendency to
change the normal children into delinquents for their multiple benefits like to get their illegal work
done and to earn profit by attracting them initially in petty crimes like theft, extortion, cheating,
pick-pocketing etc. This affects the future and character of these children and it also creates serious
law and order problems for the administration also.
According to Clarence Darrow30 “the chi1d criminal is now common and for the most part is a
product of the city. All crime is doubtless much more common in the city than the country, and the
young criminal especially, is the product of the crowded community”.
10. Cinema: Movies and social-sites are also considered as cause of crime or delinquency because
children are easily attracted by the movies. What they watch on the movies and TV screen they try
to do in their real life. Now day movies are based on sexual crime and criminal actions scenes like
decoity, bank robbery, theft, hurt, rape etc. The parents must give attention to their children and be
careful that what their children are watching on movies and t.v and especially try to away them
from cinema which contains undesirable pictures and crime scenes.
11. Role of Press: Press plays a vital role in creation of good and bad impressions on the mind of
children. Children are generally paying attention to those headlines of news paper and clipping of
news channel which contain news of gambling/lottery, loot, robbery, rape, how to earn easy money
etc. Children also learn how they can commit the offence and earn easy money and become rich.
Cases of robbery, loot, kidnapping, gambling etc reported on daily and shown repetitively are also
misleading factors to the juveniles. Jerome Motto32, says that “newspaper is one of the factors in
encouraging suicide”. He relied on his research result, “that suicide rate in the Detroit area dropped
by 20% during the ten months strike when newspapers were not available”. He blamed the
newspaper for their constant emphasis on violence, aggression, sexuality, power and notoriety.
12. Cheap Literature: There is a common belief that the bad and cheap literature has a side effect
on the minds of young people. Description of any particular crime in such readings directly gives
them suggestions and technical procedures to be used for criminal activities. The effect of cheap
literature on the minds of delinquent children has been stressed by Frederick Wertham in the
United States and by Mays in England.
According to Wertham “such literature only offers murder, crime and drug traffic to children. Their
effect in general is anti-educational and they interfere in education by taking large chunks of a
child‟s life during which he is not positively, that is, educationally occupied. He came to a
conclusion made from his studies over a period of seven years”. Similarly, Mays in England holds
that “cheap advertisements and photos in the periodicals are responsible for providing stimulation
to the teenage cult, with the sole motive of promoting sale of certain kinds of articles”.
Bhattacharya holds the same view “the movie, the radio and the crime magazine, he says, stimulate
crime through imitativeness, especially in the impressionable ones who are open to suggestions”.
13. Physical Standards: Lombroso stress on the organic causes of crime and suggested several
criminal types, such as criminals by passion and occasional criminals. Kretschme identified “body-
mind” types: the cylothyme and schizothyme. He believed that the cylothymes were less serious
delinquents and criminals than the schizothymes. Sheldon (1949) also linked the body-types to
delinquency. He discovered three basic body types:-

i. Mesomorphs
ii. Endomorphs
iii. Ectomorphs
14. Mental makeup: Mental makeup of the child also conditions his behaviour to a large extent.
Lots of researches reveal that “a large proportion of delinquents are pathetic minded and deficient
in intellect”.
According to Henry H. Goddard, the greatest Historian, “there are two basic theories of crime and
delinquency. One refers to spiritualism and the other relies on worldly explanation.”
15. Heredity: The factor of heredity is emphasized a lot when studying the cause of delinquent
behaviour. According to Goring, “pathetic mindedness is the result of hereditary transmission”. An
opinion was expressed in a Seminar on juvenile delinquency that “delinquent parents breed
delinquent children”. Heredity and environment influences a child„s behaviour to a large extent.
“Heredity conditions what a child can do or not do, whereas environment influences what he does”.
However it may be pointed out here that quite often what appears to be a hereditary trait is nothing
more than mere identification. Thus, where a father is a thief, the son may start stealing from an
unconscious desire to be like him. Association makes him what he is. What passes from parents to
children is a tendency. These tendencies remain dormant till aroused by external pressures. If
children of criminals commit delinquent acts that should not be attributed to heredity but rather to
association, influence or training. Remove such children from such an association very early in age
and they will be different.

C. Physiological and personal

Criminal‟s psychological behavior play a significant role in the determination of delinquency. It is
the psychology of a criminal which controls it mind, and the mind designed the criminal act which a
delinquent intends or wants to do.
There are some significant factors in act of anti-social behaviour.
i. School Factors
The school plays a significant role for the growth and development of a child, it is the school
wherein the child has the closest contact with most children over the maximum period of time. In
some schools cruel treatment given by teachers creates hatred and annoyance among the children
which forces them to abscond from the school and become delinquent. Bhatia pointed that “the
unfavourable school conditions may include harsh and unsympathetic treatment which often
aggravates the situation”. According to Pathak, “School is usually thought as a constructive agency
but when it fails) to perform its designated functions, it may become by virtue of its negligence, a
main contributor to delinquency.”35
ii. Drug-addiction:- Drug-obsession among the juveniles provokes them to commit petty crimes.
Taking of drugs by the juveniles now days is very common. Addiction creates disturbance in family
and also creates hostile atmosphere in family. This atmosphere is highly perilous to the other child
of the family. The parents must take care of their children otherwise they may indulge in
commission of offence36.
iii. Overcrowding: when the child sleeping with his parents in the same room he watch and hears
those things which the better to do shielded.
The shadow of family member jealousy towards others family member or any other negative
discussion is not good for their growth and development of mind. The hostile and aggressive
behaviour of the father, mother and any other family member may change the mind of child and
this may also lead them toward crime/delinquency.
Some other causes of delinquency may be noticed as under:-
1. Bad Company

2. Adolescent insecurity
3. Mental conflicts
4. Excessive social suggestibility
5. Love adventure

6. School dissatisfaction
7. Poor recreation facilities
8. Poor living condition

9. Vocational dissatisfaction
10. Sudden impulse
11. Physical condition37

Theories of Delinquencies
The Psychologists, Psychiatrists, Lawyers, Philosophers and Sociologists have done various studies
to understand criminal behavior and have put forward many theories regarding this. All thinkers
first try to explain the crime and delinquency from their own prospective ways, frequently it is
based on an incomplete study of the problem. Now the thinkers are focusing on juvenile conduct
and juvenile legislations, because they have come to a conclusion that delinquency and crime are
interconnected to each other and could not be examined without understanding of other. Many
opinions, reasons and suggestions related to the cause of delinquency have been printed in various
sources, but they have hardly ever been incorporated. Most of the theories regarding delinquency
and crime suggest that they cannot be explained in terms of one single informal factor1
. Generally there are three major views such as “Biogenic Theory, Psychogenic and Sociogenic”.
Faulty biology of Juvenile misconduct is the basis of biogenic approach. According to psychogenic
approaches they are diverse in nature. According to the Sociogenic theory there exist a relationship
between delinquency and the social structure of society. Some of the theories are briefly described
below.
(A) Biogenic Theory
Biogenic theory is based upon the conception that the natural body structure of criminals is
generally different from normal human beings. The criminality in a human being is therefore a
biological phenomenon, whose criminal tendency originates from his physical character. „Ceases
Lambroso‟ regarded as the founder of biogenic theory. He declared a criminal is to be originated
from an atavistic phenomenon, a biological throwback which explains that the somatological
characteristics of criminals resemble those of primitive men.
Physical attributes separates the normal human being from the abnormal human being. Among the
physical theories of delinquency, the most important aspect was phrenology i.e. the study of the
conformation (size and built)of the skull. Gall (1758-1828) was a physician in Vienna when he was
a young medical student he noticed that “some of his fellows with distinct characteristics had
certain head configurations”. There arises a question in his mind, why people in the world had
“such different faces and different natures; why one person is deceitful, another one is frank and a
third one is virtuous”.
When he tried to find out the answers of his questions, he set up a goal of his life to observe and
study each and every head which he could find. After visiting various prisons and lunatic special
homes to find the bumps and inequalities of the skulls, he came to a conclusion that there exists a
relationship between head „Knobs‟ and character behavior, to which he gave different names. And
after that the phrenology launched itself upon the world who is eagerly waiting to receive it.
According to Cessare Lombroso, “there exists a group of criminals who are born for an evil cause,
against whom all social remedies break as against a rock.” According to him criminality is in-born of
a human being. Lombroso said “a typical criminal has certain physical characteristics as low
forehead, hairy body, red eyes, ear deformation, receding chin, big and protruding jaws, and an
extreme sensitivity or non-sensitivity to pain”. He was serving as physician in the army where he
observed that troublesome soldiers had certain different physical characteristics which were
missing in the others soldiers.
(B) Psychogenic Theory

Psychogenic theory is based upon the emotional physcology of the delinquent.

Hirschi stated that all theories are based on these aspects.
i Motivational theory, which describes that statutory desires that are in compliance with laws if not
satisfied may diverge a person into deviant behaviour.
ii Control perspectives – a person is free to commit delinquency acts because his ties to the
conventional is based on the cultural deviance which says that deviant conforms to set of standards
not accepted by a larger or more powerful society.
Glueek and Glueek have held that “physically a delinquent is hostile in nature, defiant, resentful,
suspicious, Stubborn adventurous, unconventional and non-submissive to the individuals and to
the authority”.
The society itself results in delinquents and criminals. The sociological factors are responsible for
an individual‟s behaviour that either he avoids criminal practice or get indulge into it depending
upon their surrounding and social conditions. Professor Sutherland made an exhaustive study on
criminals and presented two explanations for criminal behaviour namely:
• Processes operating at the time of occurrence of crime which be called the dynamic explanation of
crime, and
• The processes operating in the earlier life history of criminal which he termed as Historical or
generic explanation of crime.
Sutherland said that “criminal behaviour is not inherited through their ancestors and a person who
is not trained in crime cannot be diverted into criminal behaviour. Rather, criminal behaviour is
learned in interaction with other person especially within intimate personal groups”. According to
Sutherland agencies such as cinema and newspapers play a comparatively important part in the
beginning of criminal nature. According to Sutherland a person becomes delinquent because he is
easily accessible to the definition of violation of law and is unknown about the hostile definitions to
violation of law. “Differential association” varies in duration, priority, frequency and intensity.
Merton stressed the importance of „Anomic‟ according to him “anomic develops because of break-
down in the relationship or absence of social norms and value”. Anomic is breakdown between
goals that place great stress on success and to which all groups in society are in doctrine without
equivalent emphasis on institutional or legislative channels of access to these goals.
There are five important techniques, which are as under:-

• The denial of harm.

• The denial of accountability.
• The denial of sufferer.

• The criticism of the crime.

• The appeal of higher loyalties.
According to authors these techniques lesson the effectiveness of delinquent behaviour.

(C) Psychiatric Theory

Airchorn said that “there must be something in child himself which environment changes his
behavior towards delinquency”. Delinquents behave in a way as they want to do because they are
abnormal persons.

(D) Medico-Biological Theory “Medico biological” theory would include the genetic factors,
substance balances within the organism and undoubtedly the impact of physical illness on his
behaviour. The biological justification, concerned primarily with inherited characteristics, have a
famous historical example in the concern of Lamboreso9 with considerable physiological
characteristics and such theories remains popular today in such instances as the recent studies
concerning „Y‟ chromosome.
(E) The classical Theory
The Classical theorists on the assumption of free will stated that the criminal is morally responsible
so he should therefore receive a punishment according to that moral guilt. So, there were penalties
according to the moral turpitude involved in the offence and crime.

(F) Multi-causal Theory

According to Abrahamsen, 10 “a criminal act is the sum of a person‟s criminalistics tendencies plus
his total situation divided by the amount of his resistance.”
3.2 Tendency Situation of Crime Resistance
The root of delinquency lies in both in nurture and nature of a person. Greed of a candy may indulge
one child to theft while adventurous spirit might lead another child to run away with somebody‟s
car. Recent sociologists, psychiatrists and criminologists agree that delinquency is a result of
innumerable factors. Burt11 enumerated more than 170 causes responsible for turning the child
into delinquency. “Crime cannot be assigned to a single, two or three universal sources but it prings
from a wide variety, and usually from innumerable alternative and converging influences. The
concurrence of subversive factors results in the development of violent behavior, as may easily be
conceived is present almost everywhere: it needs many coats of pitch to paint a thing thoroughly
black”.
A single factor is not the solely responsible factor of delinquency. It is an effect of various factors
like poverty, economic condition, poor living conditions, lack of education, surroundings, bad
company etc. The natural factors are biological, psychological and emotional. Geographical and
environmental conditions are indirect factors contributing to delinquency, According to B.K.
Bhattacharya, “there is much to do... to remove growling poverty, to mend broken and disorganized
homes, to abolish slums with their worsen situation and to alleviate miseries of the millions of
refugees. At the other end, paradoxically, there is seen better clothes, and food, better
entertainment facilities, earlier physical and sexual maturity and economic independence for some
favored few. The young people do not get adequate guidance or good example from the grownups.
In an atomic age, an age of violence, when robber nations care little for humanity, with ethics
shattered and ideals fallen, immediate gratification is sought, leaving tomorrow to take care of
itself. One must not however, cease to hope and do one‟s best”.
In a seminar held at the U.N. Regional Institute for Asia and the Far East, Tokyo, there is increase in
juvenile delinquency because of breakdown of family unity ,moral and values, decreased bonding of
human relations, rising standards of living, impact of war, influence of mass communication, social
change etc. If we go through the previous background of children committed to institutional care,
most of the cases had some common reasons that have turned them juvenile and the most common
reason is poor economic conditions and family environment.