LLM Notes : Concept of Child under the Constitution of India and IPC, distinction between neglected juvenile and delinquent juvenile

 Concept of Child under the Constitution of India and IPC

1. Constitutional Definition and Provisions

   • The Indian Constitution implicitly recognizes a child as every human being below the age of 18 years, consistent with the United Nations Convention on the Rights of the Child (UNCRC).

   • Fundamental rights ensure protection of children, including equality (Article 14), non-discrimination (Article 15), and right to life and dignity (Article 21).

   • Specific provisions for children include:

     • Article 21A: Free and compulsory education for children aged 6 to 14 years.

     • Article 24: Prohibition of employment of children below 14 years in hazardous occupations.

     • Directive Principles (Article 39(e) and (f)) mandate the state to protect children from exploitation and ensure their healthy development.

   • These establish a rights-based framework for child welfare.

2. Definition and Protection under IPC

   • Section 82 IPC: No offence is committed by a child under 7 years of age (doli incapax doctrine - child incapable of crime).

   • Section 83 IPC: Children aged 7 to 12 are presumed incapable of crime unless sufficiently mature to understand the nature of act.

   • Section 89 IPC: Acts done in good faith for benefit of a child under 12 are not offences.

   • These sections establish a capacity-based approach focusing on mental maturity for criminal liability.

   • The Juvenile Justice (Care and Protection of Children) Act, 2015, supersedes IPC for children under 18, providing a welfare-oriented framework.

Distinction Between Delinquent Juvenile and Neglected Juvenile

Delinquent Juvenile (Child in Conflict with Law)

• A child below 18 years alleged or found to have committed an offence.

• Examples: theft, assault, robbery, and serious crimes like murder or rape (especially for 16-18 age group).

• Legal process includes inquiry and trial by Juvenile Justice Board.

• Focus on rehabilitation, reform, and social reintegration rather than punishment.

• May be tried as an adult in heinous cases if aged 16-18 (JJ Act, 2015).

• Temporary placement in observation homes during inquiry/trial.

• Emphasis on protection of legal rights, dignity, and child-friendly procedures.

Neglected Juvenile (Child in Need of Care and Protection)

• A child below 18 not accused of a crime but vulnerable due to neglect, abuse, homelessness, exploitation, or hazardous labor.

• Examples: orphans, abandoned children, victims of trafficking, mentally ill without support.

• Protection provided by Child Welfare Committees, shelter homes, foster care, and rehabilitation.

• Focus on care, shelter, medical aid, education, and family reunification.

• Aim is to nurture and secure safe environment rather than legal adjudication.

• Emphasizes protecting child’s overall development and well-being.

Summary

The Indian legal framework adopts different lenses to define and protect children:

• Constitutionally, children are protected with rights aimed at education, development, and protection from exploitation.

• IPC adopts a capacity and maturity-based approach to criminal liability, exempting young children from offences.

• Juvenile Justice Act, 2015, harmonizes and broadens the definition of a child as below 18 years and divides children into delinquent juveniles (in conflict with law) and neglected juveniles (in need of care and protection), ensuring a child-centric justice system focused on rehabilitation and welfare.

This layered approach balances protection, legal accountability, and welfare, fitting the best interests of children in diverse circumstances.

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