JAMIA MILLIA

ISLAMIA
FACULTY OF LAW

CRIMINOLOGY ASSIGNMENT
“JUVENILE JUSTICE SYSTEM IN INDIA”

Submitted by : BHAWNA TOMER

Submitted to : MR. RASHEED CA

Course : B.A LLB (H), Vth sem.

Roll no : 08 ; Sec : B
 ACKNOWLEDGEMENT

I am feeling highly elated to work on the topic “JUVENILE JUSTICE

SYSTEM IN INDIA” under guidance of MR. RASHEED CA. I am very grateful to
her for his exemplary guidance. I would like to enlighten my readers
regarding this topic and I hope I have tried my best to pave the way for
bringing more luminosity to this topic.
 CONTENTS

I. INTRODUCTION

II. HISTORY OF JUVENILE JUSTICE SYSTEM IN INDIA

III. THE CONCEPT OF JUVENILE DELINQUENCY

(i) TYPES OF JUVENILE DELINQUENCIES
(ii) CAUSES OF JUVENILE DELINQUENCY

IV. JUVENILE JUSTICE (Care and Protection of Children) ACT, 2000

V. JUVENILE JUSTICE BOARD AND PROCEDURE

VI. POLICE AND JUVNILE DELINQUENCY

VII. CONCLUSION
 ABSTRACT

Children are the future of our country and it is the responsibility of everyone to ensure that
they have a safe environment to live in. But the last decade has seen a huge leap in the rate of
Juvenile crime in a developing country like India. Today, Juvenile crime is like a disease in
our society. This paper starts with describing the evolution of Juvenile Justice Legislation,
from pre-independence era to Post-independence India; and specially looks at the guidelines
of Juvenile Justice Act, 2000. In spite of the presence of that welfare law for such children,
there is a rise in the number of Juvenile offenders across the country. So, a pertinent question
is whether Juvenile offenders who commit heinous crimes should be treated as adults. Also,
the causes and types of Juvenile Crimes should also be identified in our society. Some
preventive measures are necessary to deal with this problem because a therapeutic approach
can go a long way than a punitive approach in the case of juveniles.
 INTRODUCTION
The word “Juvenile” originates in a Latin word “Juvenis‟ that means young. A “Juvenile‟ or
child means a person who has not completed eighteen years of age. Children are greatest
national resource. They represent the nation and the coming future of the country. But what is
worrying more is that the share of crimes committed by juveniles to total crimes reported in
India has increased in the last some years. Juvenile crime, formally known as juvenile
delinquency, is a term that defines the participation of a minor in an illegal act. Juvenile
Justice is the legal system that aspires to protect all children, bringing within its ambit “the
children in need of protection”, besides those “in conflict with law‟. Most of the factors
causing delinquency are in plenty in a developing country like India.

Since a nation’s future depends upon young generation, the children deserve compassion and
bestowal of the best care to protect this burgeoning human resource.1 A child is born innocent
and if nourished with tender care and attention, he or she will blossom with faculties
physical, mental, moral and spiritual, into a person of stature and excellence. On the other
hand, noxious surroundings, neglect of their basic needs, bad company and other abuses and
temptations would spoil the child and likely to turn him a delinquent. Thus, children being an
important asset, every effort should be made to provide them equal opportunities for
development so that they become robust citizens physically fit, mentally alert and morally
healthy, endowed with the skills and motivations needed by society.

Radzinowicz observed that neglected children and juveniles fall an easy prey to criminality.
He asserted that the adolescents claim the highest share in violence due to dashing nature,
lack of foresight, uncritical enthusiasm, physical strength, endurance and desire for
adventure. However, delinquency could not be solely attributed to biophysical factors alone.
There are other influences such as population explosion, social, economic and political
changes, pattern of education etc., which account for the growing incidence of juvenile
delinquency, particularly, in developing countries like India.

In India, for tackling the problems of juvenile delinquency, Juvenile justice (care &
protection of children) act, 2000 provides provision for the care, protection, treatment,
development and rehabilitation of juvenile delinquents.

1
N.V. Paranjape, Criminology and Penology, central law pub.
 HISTORICAL BACKGROUND
India has a long history of providing separate treatment for juvenile offenders. Differential
treatment for children can be traced as far back as the Code of Hammurabi in 1790 BC, the
responsibility for their supervision and maintenance being vested on the family. During the
colonial regime, in 1843, the first centre for those children called “Ragged School‟ was
established by Lord Cornwallis. The period between 1850 and 1919 was marked by social
and industrial upheavals. The Apprentices Act, 1850,2 chronologically the first law which
required that children between the ages of 10-18 convicted in Courts, to be provided
vocational training as part of their rehabilitation process. Even the Indian Penal Code (1960)
exempts children under the age of seven years from criminal responsibility. It also exempts
children between the ages of seven to twelve years, because they have not attained sufficient
maturity of understanding to consequences of their delinquency.

For the treatment of Juvenile delinquents, the next landmark legislation was the Reformatory
School Act,3 1876 and 1897. Under the Act, the court could detain delinquents in a
reformatory school for a period of two to seven years but after they had attained the age of
eighteen years, the court would not keep them in such institutions. The Code of Criminal
Procedure, 1898 provided special treatment for juvenile offenders. The Code provided
probation for good conduct to offenders, up to the age of twenty one. Then Indian Children
Act came from the Indian Jail Committee (1919-1920). Individual provincial government
chooses to enact separate legislation for juvenile in their respective jurisdictions; provinces of
Madras, Bengal and Bombay passed their own children Acts in 1920, 1922 and 1924,
respectively. These laws contained provisions for the establishment of a specialized
mechanism for the treatment of juveniles.

In post-independence period, the Juvenile Justice policy in India is structured around the
Constitutional mandate prescribed in the language of Articles 15 (3), 21, 24, 39 (e) and (f), 45
and 47, as well as several international Covenants, such as the UN Convention on the Rights
of the Child (CRC) and the UN Standard Minimum Rules for Administration of Juvenile
Justice (Beijing Rules). The Juvenile Justice Bill, in conformity with Beijing Rules, was first
introduced in the Lok Sabha on 22nd August, 1986, and the Central Children Act was
replaced by this Juvenile Justice Act.4 The Law came into force in all the union territories
but the States having no juvenile law were free to adopt it. “In 1974, India declared its
National Policy for children. The policy included, among other things training and
rehabilitation of delinquent, destitute, neglected and exploited children.‟5 The Juvenile
Justice (Care and Protection of Children) Act, 2000, brought in compliance of Child Rights

2
Government of India. The Apprentices Act, New Delhi, Publication Division, 1850.
3
Government of India. The Reformatory School, New Delhi, Publication Division, 1876.
4
Ministry of Law, Justice and Company Affairs. The Juvenile Justice (Care and Protection of Children) Act,
2000. New Delhi, The Gazette of India, 2000.
5
Hansaria V & Jose PI . Juvenile Justice System, Delhi, Universal Law Publishing Company Pvt. Ltd., 2011.
Convention 1989, repealed the earlier Juvenile Justice Act of 1986 after India signed and
ratified Child Rights Convention 1989 in year 1992. This Act has been further amended in
the year 2006 and 2010. The Act provides a special framework for the protection, treatment
and rehabilitation of children in the purview of the Juvenile Justice System. It has established
the Child Welfare Committee to address the needs of “Children in need of care” and the
Juvenile Justice Board to deal with “Children in conflict with the law.” So, it deals separately
with two categories of children. Juveniles accused of a crime or detained for a crime are
brought before the Juvenile Justice Board, not in a regular criminal court, under this
Act.Juvenile Justice Act was further amended in 2011 and some provisions laid down in the
Act were deleted as these provisions were discriminatory to the persons affected from
leprosy. The Government of India is once again contemplating for further amendments and
the draft Bill is pending before Ministry of Law and Justice for scrutiny.

THE CONCEPT OF JUVENILE DELINQUENCY

The early penology did not recognise any discrimination between adult and juvenile
offenders so far punishment was concerned. Thus, the concept of juvenile delinquency
appeared much later relatively. Also, the term refers to a large variety of disapproved
behaviours of children and adolescents which the society does not approve of, and for which
some kind of admonishment, punishment or corrective measure is justified in the public
interest. Various acts such as begging, truancy, vagrancy, obscenity, loitering, pilfering,
drinking, gambling etc. Which vicious persons very often commit are also included within
the meaning of the term juvenile delinquency.

Legally juvenile delinquency can be defined as; Any act prohibited by law for children up to
a prescribed age limit is juvenile delinquency and it follows, therefore, that a child found to
have committed an act of juvenile delinquency by a court is a juvenile delinquent. Also, a
delinquent child is one who by habitually refusing to obey the reasonable and lawful
commands of his parents or other persons of lawful authority.

Further, the great variety of acts included within the term ‘juvenile delinquency’ is otherwise
non-criminal in nature and are freely tolerated if done by adults. For example, smoking,
drinking or absenting oneself from home maybe permissible conduct for adults but the same
is treated as a delinquent act if committed by children or adolescents.

Types of Juvenile Delinquency:

Juveniles are capable of committing the same crimes as adults. Because of the offender’s
status as minor, their acts are considered to be delinquent. There are three major categories of
juvenile delinquency:

(a) Violent crimes which result in bodily injury, such as assault, rape, murder;
(b) Property crimes are committed when a juvenile uses force or threat of force to obtain the
property of others and

(c) Drug-related crimes involve the possession or sale of illegal narcotics.

These three types of delinquency are listed in the documents of the Office of Juvenile Justice
and Delinquency Prevention (OJJDP). Different classifications of Juvenile delinquency and
delinquents have been given by various authors. A few important classifications are given
below:

Eaton and Polk6 in ‘Measuring Delinquency’ classified the following kinds of juvenile
offences:

i) Minor violations which include minor traffic violation,

ii) Property violations,
iii) Major traffic violations which include automobile theft, iv)
iv) Human addiction which include alcohol and drug addiction,
v) Bodily harm which include homicide offences.

Ferdinand7 in his “The offence Patterns and Family structure of Urban, village and Rural
Delinquents” presented two categories of juvenile offenders as follows:

1. Neurotic offenders; In these people, delinquency is the result of powerful unconscious

impulses, and
2. Character Disorder offenders who come from disorganized family and have had a barren
environment in their childhood.

Schafer8 in “Introduction To Criminology” envisaged four types of Juvenile delinquents:

1. Mentally defective who involved in petty crimes;

2. Situational offenders whose delinquency is precipitated by a crisis or external event;

3. Psychotic offenders do not have contact with reality; and

4. Cultural offenders who live in an economically and socially deprived condition.

Causes of Juvenile Crimes:

There is no single cause of Juvenile crimes, but there are many and varied causes. Basically,
causes of Juvenile delinquently may be of three types:

A. Biological Causes: Biological problems such as speech and hearing problems, irritation,
excessive strength etc. may lead to delinquency.

6
Eaton JW, Polk K. Measuring Delinquency, Pittsburg Press, Pittsburg University, 1961.
7
Ferdinand, TN. The Offence Pattern and Family Structure of Urban, Village and Rural Delinquents. Journal of
Criminal Law, Criminology and Police Science, 1964, 55, 86-93.
8
Schafer S. Introduction to Criminology. Reston VA, Reston Publishing, 1976.
 B. Socio-Environmental Causes: These are the most crucial factors as they affect a lot of
child in developing countries such as India. These are

1. Mobility: Migration of persons to a new place where they are strangers offers them
opportunity for crime.

2. Cultural conflicts: Cultural conflicts between inhabitants are immigrants‟ results in

deviant behaviour and enormous increase in crime.

3. Family background:

i) Family structure: The nature and structure of the family are largely responsible for carving
out the personality and that personality makes up of the children. A functionally adequate
family encourages growth, confidence, frankness and ability to face reality.The young human
being needs to remain emotionally dependent on a mother figure for a considerable number
of years. Without this attachment we know that children have difficulties in formation early
relationship with other children.9 Delinquents mostly come from functionally inadequate
homes.

ii) Broken Homes: Broken Homes means a home where either of the parents is dead or living
separately. In such situations, the child feels insecure and thereby finds his way on the cross
roads. He is exposed to the anti-social activities, which he adopts to satisfy himself and in the
process, he is led towards delinquency.

iii) Child’s Birth order is the family: It is found that the intermediate children are attended
less by parents as compared to the oldest and youngest children who lead the intermediate
children towards delinquency.

iv) Parent-child Relationship: Misunderstandings, hard feelings, insufficient love and open
conflicts between parents and child results in dissatisfaction and hostility in the child.
Subsequently, such dissatisfaction and hostility precipitates social deviance. Alcoholic
parents and constant quarrel between parents make the home environment intolerable for the
children that lead to delinquent behaviour of the child. Even excessive punishment also leads
to child’s involvement in anti-social activities because of his feelings of frustration. Parents
are responsible for teaching their children how to live in a normal life within their limits.

4. Socio-economic condition: The poverty contributes a major factor in commission of crime.

Now-a-days, money is the parameter to measure the social status of a man in society. The
crimes in the high circle of society easily are covered up through money. The rich-poor
divide is considered to be instrumental in promoting youth crime.

C. Psychological factor: Certain mental disorders that involve difficulties in the regulation
of emotions and impulsive behaviour make children prone to criminal behaviour. Even
depression can lead a person to adopt criminal ways. It acts as a vent to one‟s suppressed
anger and aggression.

9
Desai Arvindrai N. Juvenile Delinquency in India-A Psychological Analysis. Ahamedabad, H A Desai, 1979.
D. Others: A few others causes of Juvenile crime may be noted are: Bad company Extra-
pocket money, Revenge factor, Poor literacy rate, Over exposure to media, Lack of values;
Cheap literature, Love of adventures, Early sex experience, Mental conflicts etc.

JUVENILE JUSTICE (Care & Protection of children)

Act:
The act introduced uniform juvenile justice system throughout the country and made
adequate provisions for dealing with all the aspects in the changing social, cultural and
economic situations in the country with large involvement of informal systems and
community based welfare agencies. Social workers with adequate knowledge and experience
in child welfare are also associated for the functioning of the juvenile courts so as to assist the
authorities in processing the cases from the welfare point of view, reason being the problem
is more social and economic rather than legal.

The first central legislation on Juvenile Justice was passed in 1986, by the Union Parliament,
providing a uniform law on juvenile justice for the entire country. The Juvenile Justice Act
was thus passed to provide care, protection, treatment, development and rehabilitation of
neglected or delinquent juveniles and for the settlement of certain matters related to and
disposition of delinquent juveniles. There are certain guiding principles which need to be
adhered to in the administration of juvenile justice and they form the basis on which the Act
and the Rules are formed. The juvenile justice functionaries should abide by the following
fundamental principles in order to understand the Act, interpret according to the situation in
which the child is taken into custody and most importantly contribute to better and effective
implementation of the Act. They are basically drawn from all the national and international
standards pertaining to children wherein a strong impetus is given to the fulfilment and
protection of the child's rights. Emphasis is also laid on reintegration of the child into the
family system to ensure proper care and protection from all kinds of exploitative situations.
Principles to be followed in administration of the rules:- Principle of presumption of
innocence, Principle of dignity and worth, Principle of Right to be heard, Principle of Best
Interest, Principle of family responsibility etc.When these principles are adhered to in letter
and spirit, it would certainly ensure that every child who comes into contact with the Juvenile
justice System is assured safety, care, protection and justice.

Juvenile Justice Act 1986 :

Juvenile justice Act was enacted in pursuance of the Beijing Rules 1985, prior to the CRC.
The definition of juvenile was 16 years for boys and 18 years for girls. Children were
categorized as delinquent juveniles and neglected juveniles. Both categories of children were
kept in an Observation Home together pending inquiry. Juvenile Welfare Board was formed
to deal with the neglected juveniles and the Juvenile Court was the adjudicating authority for
the delinquent juvenile. The neglected juveniles were in the Juvenile Home and the
delinquent juveniles to the Special Home.
The Government of India ratified the United Nations Convention on the Rights of the Child
in 1992 thereby making it expedient to adhere to the standards prescribed in the Convention.
Hence, the 1986 Juvenile Justice Act had to be reviewed and changes had to be made in order
to secure the best interest of the child and focus on social re-integration of the child without
resorting to judicial proceedings.

The Juvenile Justice Act 1986 was repealed and the Juvenile Justice (Care and Protection of
Children) Act 2000 was passed taking into consideration all the International standards
prescribed as per the Convention on the Rights of the Child, the Standard Minimum Rules for
the Administration of Juvenile Justice, 1985 (Beijing Rules), The UN Guidelines for the
Prevention of Juvenile Delinquency called the Riyadh Guidelines, 1990 and the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990).

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

The Title of the Act stresses on the need for care and protection to both categories of
children. The definition was reviewed and Uniform age for both boys and girls was
prescribed under the new act i.e. any child who has not completed the age of 18 fall within
the jurisdiction of the Act to comply with the CRC definition of the child. Separation of child
in need of care and protection and child in conflict with law was emphasised. Further,
Constitution of Child Welfare Committees to deal with children in need of care and
protection and Juvenile Justice Boards to handle children in conflict with law.

The category of children in need of care and protection has been expanded to include victims
of armed conflict, natural calamity, civil commotion, child who is found vulnerable and likely
to be inducted into drug abuse. More legal protection was assured for the child in conflict
with law i.e detention to be resorted to as the last option, disqualification of past records and
privacy maintained. The innovation the law makes with respect to children in need of care
and protection is the conceptualization of restoration of the child as being the focal point,
with restoration being conceptualized as restoration to parents, adopted parents or foster
parents. The law outline four options of restoration for children in children's homes and
special homes which include adoption, foster care, sponsorship and after care

The Juvenile Justice (Care and Protection of Children) Amendment Act, 2006
The JJ Act 2000 was subsequently amended and is now the principal act. The Amendment
Act brought about 26 amendments which are in force. This Act forms the legal system and
framework for the care, protection, treatment and rehabilitation of children of both categories.
The Objective of the Act is:

 To lay down a legal structure for the Juvenile Justice System in the country.
 To Provide A Special Approach To The Protection And Treatment Of Juveniles.
 To outline the machinery and infrastructure required for the care, protection,
treatment, development and rehabilitation of juveniles.
 To establish norms and standards for administration of juvenile justice.
  To establish linkages and co-ordination between the formal system of juvenile
justice and voluntary efforts in the welfare of juveniles.
 To constitute special offences in relation to juveniles and provide punishment..

Salient features of Juvenile Justice act.

(a) The Act known as ‘The Reformatory Act’ deals with two categories of children,
namely children in need of care and protection and children in conflict with the law.
(b) The competent authority to deal with children in need of care and protection is the
Child Welfare Committee which constitutes a Chairperson and four other members,
one of whom at least one should be a woman.
(c) The Act provides for the establishment of various kinds of Institutions such as-
Children's Home for the reception of child in need of care and protection.
 Special Homes for the reception of child in conflict with law
 Observation Homes which are meant for the temporary reception of children
during the pendency of any inquiry.
 After-care Organizations which are meant for the purpose of taking care of
children after they have been discharged from Children's Home or Special
Homes.3

A few sections in the Act are focused on the offences committed by anyone against a child
such as assault, causing mental or physical suffering and employment of a child which are
considered as non bailable offences.

IMPLICATIONS OF 2015 AMENDMENT

The Juvenile Justice (Care and Protection of Children) Act, 2015 applies whenever the person
accused of committing a crime is a child. It also applies to vulnerable children who need the
government to take care of them (even if it's for a short while). For such children who need
help with getting a better and fulfilling life, the law provides for a number of mechanisms
(including adoption, sponsorship and foster care).

Normally, if a person is accused or arrested or detained in India, the regular criminal

procedure under the Code of Criminal Procedure Code 1973 applies. An accused person can
be kept in custody for months. The code also explains how persons would face trial to decide
guilt or innocence.

The Juvenile Justice Act ensures that such harsh procedures do not apply to children. So, for
Children in Conflict with Law, it has created an alternate, more lenient and child-friendly
setup.

The setup is largely controlled by the Juvenile Justice Board, and ensures that children are not
kept together in regular jails with regular offenders. It also ensures children are re-integrated
into society after having completed the terms of their punishment.10

10
8 http://nyaaya.in/children-accused-of-crimes/children-in-conflict-with-law/
JUVENILE JUSTICE BOARD AND THE PROCEDURE
The Juvenile Justice Board consists of a metropolitan magistrate or a judicial magistrate of
the first class and two social workers, at least one of whom should be a woman. “Police are
the first major component in the justice system for juveniles.”11 A Special Juvenile Police
Unit (SJPU) shall be set up in every police station. A child is usually brought before the
Juvenile justice board (JJB) by a police officer or person from the SJPU. For the “children in
conflict with law‟, the Act envisages to establish Observation Homes and Special Homes.
For the “Children in need of care and protection‟, and a law has also been made to establish
Comprehensive Children’s Homes. Any organization or person who brings a child before the
court should inform their local police unit first. The police have twenty four hours to produce
a child before the court once he/she is arrested.

Once the child has been brought before the JJB, the child is registered into the closest
Observation Home. “A Probation Officer (PO) has played a pivotal role under Juvenile
legislation. If a Juvenile is released on bail, pending inquire his contact with the PO should
continue It is the PO who will be the Juveniles guidance, and lead to the Juvenile’s self-
realization of his wrongs and the will not to repeat the same on release after completion of
inquiry.12

JJB are meant to resolve cases within a four months period. Effort shall be made to release
the juvenile on bail or probation. Under the JJA, 2000 the maximum sentence for a juvenile
who has broken the law is three years in a protective home, no matter how serious the crime
is. The roles of aftercare organization are not less important. “After care organizations are
for the care, guidance and protection of Juveniles in conflict with law or children in need of
care and protection who have completed their terms in the Special Homes or Children’s
Homes and their rehabilitation process is not completed. Aftercare is the means and
rehabilitation is the end.” Aftercare organizations shall enable such children to adapt to the
society and encourage them to live a normal life.

An amendment was made to the Act in 2006, with main emphasis on speeding up the
administration of Justice for Juvenile and Model Rules 2007 and that amendment in the Act
has further added to the effectiveness of this welfare legislation. “The Model Rules under the
Juvenile Justice Act provide that the state Government shall provide for training for
personnel of each category of staff in keeping with their statutory responsibilities and specific
job requirements.‟13 Based on the resolution passed in the conference of Chief Justice of
India 2009, several High Courts constituted „Juvenile Justice Committees‟ to be headed by
sitting judges of High Courts.

In spite of having such a comprehensive law in India, it is often felt that there is an inherent
risk of violation of child’s rights within the Juvenile Justice system. “There is a growing

11
Srivastava SP, Juvenile Justice in India: Policy, Programme, and perspective, Delhi, Ajanta Publication, 1989.
12
Adenwalla M. Child Protection and Juvenile Justice System for Juvenile in conflict with law. Mumbai,
Childline India Foundation, 2006.
13
Bhattacharya, S K. Juvenile Justice: An Indian Scenario, New Delhi, Regency Publications, 2000.
feeling that the police should be more serious in the case of children who need special care
and these feeling comes mainly from an international thinking in favour of the police action
for the welfare of neglected children.10 In our country, there is not much awareness about
proper implementation of the legislation. Child “in need of care and protection” are continued
to languish in poorly managed institutions and child “in conflict with law‟ are to be treated as
criminals. “Once again a ‘child-friendly’ police system needs to be ensured through ongoing
sensitivity trainings.”14 The improvement of ‘child friendly’ juvenile justice system is a
gradual process, which requires intensive follow-up and long-term commitment.

POLICE AND THE JUVENILE DELINQUENCY

The police has a very important and sensitive role to play in the prevention and treatment of
juvenile delinquency. Section 63 of the Juvenile Justice (Care and Protection of Children)
Act, 2000, provides for a special juvenile police unit to be specially trained and instructed so
as to enable them to perform their functions more effectively. In every police station at least
one police officer with aptitude and appropriate training and orientation designated as the
“juvenile or the child welfare officer” is to handle the juvenile in co-ordination With the
police.

The function of the police in relation to juvenile delinquency may be appreciated in two
distinct contexts;

(i) the duties assigned to them under the juvenile enactments, and

(ii) the activities and programmes for the prevention of delinquency launched by the police
departments themselves.

1. Duties under the Acts - Under the Children Acts it is the police man or officer with
whom the neglected or juvenile delinquent has the first contact once the process commences
under the law. In fact, the issue whether a child is neglected or not is itself to be decided by
the police officer and subsequent proceedings take place only after the preliminary issue has
been decided in the affirmative.15 Similarly, the police has been given the discretion to
release or not to release a juvenile delinquent on bail after his arrest and before his being
produced before the court. The officer-in-charge may not release the delinquent if he has
reasonable grounds for believing that the release is likely to bring him into association with
any reputed criminal or expose him to moral danger or that his release would defeat the ends
of justice.16

The above provisions place an onerous responsibility on the police officer and he should
therefore be careful, conscientious and diligent to justify the trust reposed in him by the law.
The child needs sympathy and understanding and must be dealt with in a decent and polite

14
Vedackumchery, J. The Police and Delinquency in India, New Delhi, APH Publishing, 1996.
15
S. 13, Children Act, 1960.
16
S. 18(1), Children Act, 1960.
way. The discretion must be exercised with only one objective, i.e. the welfare of the child. It
must be realised that only police officers with special aptitude and commitment or special
training can achieve the objectives of juvenile legislation.

2. Other functions and activities -The police may keep an eye on potential delinquents
and difficult children and act even before the need may arise to take formal cognizance under
the legal provisions. It may be in the form of police caution to the delinquent as is done in the
UK. In the UK, in certain cases, informal supervision is also possible by a specially selected
police officer. The police may undertake special programmes of patrolling high delinquency
areas and places of entertainment. They may also launch programmes to educate the youth
regarding their legal obligations and to have contacts with the parents.

In India some useful work is being done by the Juvenile Aid Police Unit of Bombay which
was established in 1952. Its main functions are:17

(a) It takes special measures for patrolling high-delinquency areas.

(b) It organises recreational activities in the pre-delinquent areas.

(C) It helps women and children in trouble.

(d) It raids places of ill-repute places like brothels, etc. to salvage the actual or potential
victims.

17
Towards Delinquency Control, at p. 69.
 CONCLUSION
It is widely proved that early-phase intervention represents the best approach to preventing
juvenile delinquency. In order to prevent juvenile crime’s we have to deal not only with
maladjusted children whose difficulties bring them before law but also with those who while
not violating laws are disturbing others in school and other places. First of all, we should
identify such juveniles and thereafter give them treatment. Prevention requires individual,
group, organizational efforts that aims at keeping aimed at keeping juveniles from breaking
the law.

Further, There is a well-founded general perception that a wide gap exists between the theory
and practice of juvenile justice in India. The ground realities regarding juvenile justice are
much at variance with the idealism projected through the legislation. A few factors
responsible for this state of affairs are:

(i) Though Section 4(3) of the Act of 2000 stipulates that no member shall be
appointed as a member of the Juvenile Justice Board unless he has special
knowledge or training in child psychology or child welfare and no social worker
shall be appointed unless he has been actively involved in health, education or
welfare activities pertaining to children for at least seven years and Section 63
thereof provides for special juvenile police units specially instructed and trained in
juvenile matters yet-they seem to lack required sensitisation.
(ii) There is a heavy workload all around, in courts, police and probation services.
(iii) Though under Section 45 of the Juvenile Justice (Care and Protection of Children)
Act, 2000, the state government can make rules to ensure effective linkages
between various governmental, non-governmental, corporate and other community
agencies for facilitating the rehabilitation and social integration of the child, yet,
lack of coordination among the various agencies viz. police, courts and probation
officers, and sometimes even conflicts are evident.
(iv) Lack of proper planning and dearth of resources affect the quality and working of
the institutions.
(v) There is lack of proper and adequate evaluation of the work connected with the
juvenile justice and effective follow-up action and remedies are, therefore, not
possible.

Therefore, Through the economic sector, development programmes with the professional
training, vocational educations are the areas which can help and prevent youth involvement in
delinquent activities. In legal application of Juvenile justice act, it is vital for the authorities
to be involved in the Juvenile justice system to build effective partnership with civil society.
Involvements of NGOs and local communities can also help in preventing juvenile gang
delinquency. Government should put more emphasis on attractive beneficial long-term
schemes for juveniles so that they regain their self-confidence.
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