“JUVENILE DELIQUENCY”

CHANAKYA NATIONAL LAW UNIVERSITY

LEGAL RESEARCH AND METHODOLOGY

ROUGH DRAFT

Submitted by:- Submitted to:-

Shivani Sharma Mr. VIJYANT

Roll no.:- 2043 (1st year)

COURSE: - B.B.A. LL.B (HONS.)

SESSION:-2018-23
 INTRODUCTION
Juvenile delinquency is the involvement of a minor child, usually between the ages of 10 and
17, in illegal behaviour or activities. Juvenile delinquency is also used to refer to children
who exhibit a regular behaviour of mischievousness or disobedience, so as to be considered
out of parental control, becoming subject to legal action by the court system.

When a juvenile commits a crime, the procedures of trial differ from that of an adult offender.
In all states, juvenile court systems and juvenile detention facilities deal specifically with
underage offenders. While it is common for state statutes to consider people under the age of
17 as minors, the justice system can charge minors even younger as adults, if the crime
committed is very serious.

CHAPTERIZATION
1. Introduction
1.1 Who is A Juvenile Delinquent?
Juvenile delinquents are minors, usually defined as being between the ages of 10 and
18, who have committed some act that violates the law. These acts aren’t called
“crimes” as they would be for adults. Rather, crimes committed by minors are called
“delinquent acts.”
2. Historical Development Of Juvenile Justice In India
2.1. Background
According to some the beginnings of juvenile justice can be traced to the English
Federal courts of High Chancery. Under the English laws of Equity, the courts of High
Chancery were given the responsibility by the crown to serve as parens-patriae to protect
the interest of the child.
The other view reflects that juvenile courts sprang from common law of crimes. The
English Federal Courts of High Chancery extended their protection to other areas of
general child welfare and incorporated the neglected and dependent child within their
jurisdiction.
The Juvenile Justice System in India originated during the British rule and was the direct
consequence of western ideas and developments in the field of prison reforms and
juvenile justice.

2.2 Juvenile Legislation

The Apprentices Act, 1850 was the first legislation that laid the foundation of juvenile
justice system in the India. Subsequently the concept of juvenile justice gained
momentum with the passing of the Indian Penal Code - 1860, Reformatory Schools Act -
1897, and recommendations made by the Indian Jail Committee (1919-1920), which
firmly suggested that the juvenile offender should be treated in a different way from an
adult offender and the detention of juvenile offenders should be prohibited and
 recommended the provision of reformatory schools and constitution of juvenile courts
with procedures - as informal and elastic as much as possible.
2.3 Juvenile Justice Act, 1986
The detention of juveniles in police lock-up or jail was abolished by Juvenile Justice
Act 1986. It specifies two main authorities, a Juvenile Welfare Board and a Juvenile
Court, to deal with delinquent juveniles. It also recommended to establish various kinds
of institutions for the care and protection of juveniles, a juvenile home for the treatment
of neglected juveniles, a special home for delinquent juveniles and an observation home
for the temporary reception of juveniles during the pendency of their trial, and an after-
care home for the purpose of taking care of juveniles after discharge from a observation
home or a special home. The main objective to adopt these different approaches was to
protect juvenile from criminalization, penalization and stigmatization
2.4 Juvenile Justice (Care and Protection Of Children) Act, 2000
The Juvenile Justice Act 2000 brings uniform definition of a ‘juvenile’ throughout the
country except in the State of Jammu & Kashmir. “A ‘juvenile’ is a person who has not
completed 18th year of age”. The enactment of this Act endorsed the “justice” as well as
the “rights” approach towards children and moreover made use of a better terminology
such as ‘juveniles in conflict with law’ and ‘children in need of care and protection’. This
separation aims to restrain the influence on the child who is in need of care and protection
from the one who is in conflict with law.
2.5 Juvenile Justice (Care and Protection Of Children) Act, 2015
The juvenile Justice Act 2015 provides for strengthened provisions for both children in
need of care and protection and children in conflict with law. Some new definitions were
also included such as orphaned, abandoned and surrendered children; and petty, serious
and heinous offences committed by children; clarity in powers, function and
responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC);
clear the timelines for inquiry by Juvenile Justice Board (JJB); special provisions for
serious offences committed by children above the age of sixteen year etc.
3. Increased Rate Of Juvenile Delinquency
There are various theories of juvenile delinquency and various researchers have reported
different reasons of delinquency. Family, Peers, Society and many other factors play an
important role in increased rate of juvenile offences. Broken families, single parent
families, separated families, frequent parents fight, lack of trust and confidence among
the parents, criminal parents or psychological problems in parents can be the most
important reason behind juvenile delinquency. Many times adolescents who are suffering
from some psychological or physical problem wishes to take revenge from society,
friends, family or peer group. In modern society racial differences are also a very strong
reason behind juvenile delinquency. Peer group is a very strong force that can cause
delinquent behaviour in the adolescent. When friends commit crime adolescents often
learn to do it without understand the consequences of the crime.
4. Juvenile Justice Board
According to recent amendments there shall be a constitution of Board for the purpose of
inquiry and hearing in the matters of juvenile in conflict with law. The Board shall consist
 of Principal Magistrate and two social workers, among whom one should be a woman.
The Act provides that under no circumstances the Board can regulate and operate from
regular court premises. The decision taken by the Principal Magistrate shall be final. The
hearing must be informal and should be strictly confidential. The offenders should be kept
under Observation Home after detention.

5. Case Laws
5.1. Pradyuman Murder Case
Pradyuman was found dead with his throat slit by a sharp-edged weapon on the
morning of September. According to the agency, the Class 11 student, believed to be
weak in studies, allegedly slit Pradyuman's throat to get the school to declare a
holiday in order to defer a scheduled parent-teacher meeting (PTM) and an
examination.
5.2. Nirbhaya Rape Case
A 23-year-old female physiotherapy intern, later named as Nirbhaya, was
beaten, gang raped, and tortured in a private bus in which she was traveling with her
friend. Six men were arrested in connection with the incident out of which one was
below 18. The juvenile defendant was declared as 17 years and six months old on the
day of the crime by the Juvenile Justice Board (JJB), which relied on his birth
certificate and school documents. On 31 August, he was convicted of rape and
murder under the Juvenile Justice Act and given the maximum sentence of three
years' imprisonment in a reform facility, inclusive of the eight months he spent in
remand during the trial. The juvenile was released on 20 December 2015.
6. Suggestion & Recommendation
Family plays an important role. Family is the role model of every child and model
behaviour by the parents and siblings can give motivation to the child to behave
positively. Parents should tell their children the consequences of breaking laws that
government has made for public safety and betterment. Parents should know about the
friends of their children and their other mates.
Laws should be made to regulate such crimes. The conditions of juvenile homes should
be improved.
7. Conclusion
No doubt, “juveniles in conflict with law” and “children in need of care and protection”
are impoverished and need special care and protection. The state ensures special
treatment to them through various laws. But in reality, they often get victimized by legal
and procedural complication. They are more prone to human rights violations sometimes
by the hands of state agencies or otherwise by their own family in the form of arbitrary
detention, cruel punishments, torture and abuse. At this point, the role of NGO’s gets
activated.
The increased rate of Juvenile offences can be reduced by improving social structure of
our society; starting with families.