LLM Notes: Short notes on Juvenile Delinquency

 1. Legal Provisions for Juveniles in India

A. Constitutional Protections:

·       Article 15(3): Allows the State to make special provisions for children.

·       Article 21A: Establishes the right to free and compulsory education for children aged 6-14 years.

·       Article 24: Prohibits employment of children below 14 years in factories and hazardous work.

·       Article 39(e) & 39(f) (Directive Principles): Mandates the State to protect children from abuse and ensure healthy development.

B. Indian Penal Code (IPC) Provisions:

·       Section 82: Children under 7 years are not criminally responsible.

·       Section 83: Children between 7–12 years are not criminally responsible if lacking maturity to understand their act.

·       Offenses Involving Minors: Special consideration in kidnapping, rape, and other offenses where the victim/accused is minor.

C. Criminal Procedure Code (CrPC):

·       Section 27: Juvenile cases are handled by courts with special procedures.

·       Section 437: Bail provisions are more lenient for juveniles.

·       Probation of Offenders Act, Section 360: Favors rehabilitation over punishment for young offenders.

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

·       Defines two categories:

o   Child in Conflict with Law: Any child alleged or found to have committed an offense and below age 18.

o   Child in Need of Care and Protection: Vulnerable children requiring state intervention.

·       Juvenile Justice Board (JJB): Specialized quasi-judicial body with powers to conduct trials, grant bail, order social investigations, and pronounce rehabilitation/reformation orders.

·       Special Procedures: Strong focus on non-stigmatizing language, presumption of innocence, confidentiality, and best interests of the child.

2. Causes of Juvenile Delinquency

·       Family Factors: Parental neglect, broken families, lack of affection, domestic violence, and absence of proper guidance.

·       Economic Factors: Poverty, lack of basic necessities, unemployment, and inadequate living conditions can push children towards criminal behavior.

·       Educational Factors: Failure in academics, bullying, lack of opportunities, and dropouts are significant contributors.

·       Psychological Factors: Mental health issues, conduct disorders, and lack of emotional stability lead to deviant behavior.

·       Social and Peer Influence: Association with delinquent peers, impact of social media, substance abuse, and negative role models.

·       Community & Environmental Factors: Slum environments, high crime neighborhoods, and ineffective law enforcement.

·       Legal Awareness: Ignorance of laws, rights, and duties aggravates delinquent acts.

3. Remedies and Preventive Strategies

·       Parenting Education & Counseling: Programs for parents on positive interaction, supervision, and discipline.

·       Legal Measures: Strict implementation of Juvenile Justice Act and related statutes.

·       Community and NGO Initiatives: Awareness campaigns, rehabilitation centers, life-skill training, and after-care programs.

·       Skill Development: Vocational, creative, and educational programs for at-risk youth.

·       School Interventions: Anti-bullying policies, remedial teaching, and counseling services.

·       Judiciary & Police Sensitization: Training police/judges for child-friendly processes.

·       Government Schemes: Mid-Day Meal Scheme, Right to Education, Mission Vatsalya, Beti Bachao Beti Padhao, and others aimed at child protection.

·       Rehabilitation & Social Reintegration: Observation homes, special homes, and counseling for reformation and reintegration into mainstream society.

4. Theories of Juvenile Delinquency

·       Biological Theory: Posits inherent physical/biological traits as factors (Cesare Lombroso).

·       Psychological Theories: Sigmund Freud’s psychoanalytic model (Id, Ego, Superego); views emotional and personality disorders as causes.

·       Sociological Theories:

o   Differential Association Theory (Sutherland): Crime learned through interaction.

o   Strain Theory (Merton): Societal pressures drive individuals to commit crimes.

o   Labeling Theory: Stigma and negative labeling worsen criminal behavior.

·       Developmental Theories: Focus on adverse childhood experiences, poor education, and sequential risk factors.

·       Multifactor Theory: Juvenile delinquency is a result of interaction among multiple social, psychological, and environmental factors.

5. Juvenile Justice Board (JJB): Role, Powers, Functions

·       Establishment: Composed of a judicial magistrate and two social workers.

·       Jurisdiction: All cases of children in conflict with law below age 18.

·       Functions:

o   Conduct preliminary assessment and inquiry.

o   Decide bail and social investigation.

o   Pass orders for rehabilitation, reformation, social reintegration.

o   Ensure confidentiality and privacy.

o   Pass dispositional orders (up to 3 yrs in special home, etc.).

·       Procedure & Principles: Follows principles of best interest, presumption of innocence, dignity of child, non-stigmatization, and social reintegration.

6. History of Juvenile Justice System in India

·       Early Laws: Apprentice Act (1850), Reformatory Schools Act (1897), Children Act (1960).

·       Juvenile Justice Acts: 1986, 2000 (post-UNCRC ratification), and 2015 Acts have progressively strengthened child rights and protections.

·       Landmark Cases: Salil Bali v. Union of India (2013), Subramanian Swamy v. Raju (2014), Sheela Barse v. Union of India (1986) have shaped the system toward welfare and reformative justice.

7. Judicial Role and Contemporary Approach

·       Courts prioritize reformation over punishment, seeking the best interests of the child.

·       Historic judgments uphold rights, privacy, and protection, especially in heinous offenses.

·       The judiciary supports the shift from punitive to reformative and rehabilitative approaches for juveniles.

8. International Contributions

·       UN Convention on the Rights of the Child (UNCRC), 1989: Established global standards for child rights.

·       Beijing Rules (1985): Standards for administration of juvenile justice.

·       Riyadh Guidelines (1990): Preventive measures for juvenile delinquency.

·       Active NGOs: Penal Reform International, Human Rights Watch, Child Rights International Network.

9. Practical Exam Approach

For your Masters of Law exam:

·       Present answers starting from the legal framework (Constitutional, IPC, CrPC, JJ Act).

·       Explain causes by separating social, economic, family, and psychological aspects.

·       Discuss remedies with examples of government schemes and NGO roles.

·       Use landmark theories and judicial cases to support your analysis.

·       Whenever required, briefly mention the international standards and contemporary trends.

This comprehensive approach ensures you address legal, theoretical, and practical dimensions of juvenile delinquency as required for high-scoring answers in Masters of Law.

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