LLM Notes: Law Relating to Juvenile Delinquency in India

 Juvenile delinquency refers to criminal acts committed by individuals under the age of 18. In India, the legal framework governing juvenile delinquency is primarily established by the Juvenile Justice (Care and Protection of Children) Act, 2015.

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

• Definition of Juvenile/Child: The Act defines a "child" as a person below 18 years of age. It distinguishes between:

  • Children in Conflict with Law: Those alleged or found to have committed an offence below the age of 18.

  • Children in Need of Care and Protection: Those who are neglected, abandoned, abused, or otherwise in vulnerable situations.

• Categories of Offences:

  • Heinous Offences: Crimes with a minimum punishment of seven years or more.

  • Serious Offences: Crimes with punishment between three to seven years.

  • Petty Offences: Crimes with punishment less than three years.

• Treatment of Juveniles (16–18 years) in Heinous Crimes:

  • If a child between 16 and 18 years is alleged to have committed a heinous offence, the Juvenile Justice Board (JJB)—comprising psychologists and social workers—will assess whether the child should be tried as an adult.

  • If tried as an adult, the case is transferred to a Children’s Court, where adult criminal procedure may be applied.

• Juvenile Justice Board (JJB) and Child Welfare Committee (CWC):

  • Each district must have a JJB and CWC to handle cases of juveniles in conflict with law and children in need of care and protection, respectively.

• Child-Friendly Procedures:

  • The Act prohibits the use of terms like "arrest" or "accused" for juveniles and mandates that no child be subjected to harm, abuse, or maltreatment during proceedings.

• Rehabilitation and Social Integration:

  • Emphasis is placed on rehabilitation and reintegration of juveniles through adoption, foster care, sponsorship, and after-care programs.

• Adoption and Foster Care:

  • The Act streamlines the adoption process and introduces foster care, with special provisions for the care of orphaned, abandoned, or surrendered children.

• Punishments for Crimes Against Children:

  • The Act prescribes strict penalties for offences such as giving alcohol/drugs to children, corporal punishment, and child trafficking.

Constitutional and International Framework

• The Act is aligned with constitutional mandates (Articles 15(3), 39(e), 39(f), 45, and 47) and international conventions like the UN Convention on the Rights of the Child and the Beijing Rules, ensuring child protection, presumption of innocence, and rehabilitation.

Summary Table: Key Provisions

Provision	Details
Age of Juvenile	Below 18 years
Special Treatment for 16–18 years	Can be tried as adults for heinous crimes after JJB assessment
Main Authorities	Juvenile Justice Board, Child Welfare Committee
Categories of Children	In conflict with law; in need of care and protection
Focus	Rehabilitation, not punishment
Adoption/Foster Care	Streamlined processes, priority for vulnerable children
Penalties for Crimes Against Children	Stringent imprisonment and fines for various offences.

Conclusion

The law relating to juvenile delinquency in India, as laid out in the Juvenile Justice (Care and Protection of Children) Act, 2015, aims to balance the need for accountability in serious offences with a strong focus on rehabilitation, care, and the best interests of the child.

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