This one-page checklist consolidates the key themes, sections, and case laws from your notes for rapid revision before the exam.
I. CORE CONCEPTS & DEFINITIONS (The "Who")
·
Child (JJ Act 2015): Person who has not completed 18 years
of age.
·
The Big Distinction:
o CCL
(Child in Conflict with Law): Alleged to have committed an offence. Authority: Juvenile Justice Board (JJB).
o CNCP
(Child in Need of Care & Protection): Victim, abandoned, or neglected. Authority: Child Welfare Committee (CWC).
·
Offence Categories (for CCL):
o Petty: Max punishment < 3 years.
o Heinous: Punishment > 7 years. Critical Exception: Children aged 16–18 accused of heinous offences can be tried as adults after a Preliminary Assessment by JJB.
·
IPC Immunity:
o Sec 82: Absolute immunity (Doli Incapax) for
child < 7 years.
o Sec 83: Qualified immunity for child 7–12
years (must lack maturity).
II. THEORETICAL FRAMEWORK (The "Why")
·
Differential Association (Sutherland): Crime is learned behavior through interaction in intimate groups
(family/peers).
o Indian
Context: Peer
pressure in slums, street children gangs, lack of role models.
·
Anomie/Strain Theory (Merton): Disconnect between cultural goals
(wealth/success) and legitimate means (education/jobs) causes strain.
o Modes of
Adaptation:
Innovation (crime), Retreatism (drugs), Rebellion (gangs).
·
Subculture Theory: Gangs provide alternative
status/identity for marginalized youth.
III.
LEGAL ARSENAL (The "Law")
·
Constitution:
o Art
15(3): State can make special
provisions for children.
o Art 21A: Right to Free & Compulsory
Education (6-14 yrs).
o Art 24: Prohibition of child labor in
hazardous factories/mines.
o Art 39(e)
& (f): Protect
tender age from abuse; opportunities for healthy development.
o Art 14: Reasonable classification (Age is a
valid "intelligible differentia").
·
Key Statutes: JJ Act 2015 (Primary), POCSO 2012,
Child Labour (Prohibition) Act, RTE Act 2009.
·
International: UNCRC (Best Interest Principle),
Beijing Rules (Standard Min. Rules), Riyadh Guidelines (Prevention).
IV. INSTITUTIONAL MECHANISM (The "How")
·
Juvenile Justice Board (JJB): Principal Magistrate (1st Class) + 2
Social Workers.
o Function: Inquiry (not trial), Bail is the rule (detention only if
release causes danger/association with criminals), Max stay 3 years.
·
Child Welfare Committee (CWC): Chairperson + 4 Members.
o Function: Restoration, Foster Care, Adoption,
Institutional Care.
·
Police: SJPU (Special
Juvenile Police Unit) required in every district; designated Child Welfare
Police Officer (CWPO) in every station.
·
Institutions:
o Observation
Home: Temporary for CCL during
inquiry.
o Special
Home: For convicted CCL
(rehabilitation).
o Place of
Safety: For 16-18 yr olds in heinous
crimes or high-risk cases.
o Children’s
Home: For CNCP.
V. CRITICAL ISSUES (Essay Topics)
·
Causes: Poverty, Broken Homes, Urbanization, Drug Addiction
(Gateway to crime), Sex Ratio Imbalance.
·
Rehabilitation vs. Reality:
o Ideal: Individual Care Plans, Aftercare (till
21), Vocational Training.
o Reality: Poor infrastructure, lack of trained
staff, custodial torture/abuse.
·
Prevention: Role of Education (Protective factor), Family Counseling,
Community Policing.
·
Child Labor: Vicious cycle (Poverty → Child Labor →
Lack of Education → Delinquency).
VI. LANDMARK JUDGMENTS (The
"Authorities")
·
Sheela Barse v. Union of India (1986): Fundamental directive—No child in jail. Separation of
neglected vs. delinquent children.
·
Sampurna Behura v. Union of India
(2018): SC monitored implementation of
JJ Act; ordered setting up of JJBs/CWCs in all districts; emphasized training.
·
Pratap Singh v. State of Jharkhand
(2005): Age of juvenility is determined
as on the date of offence, not date
of trial.
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