Volume IV Issue I NYAAYSHASTRA LAW REVIEW | ISSN: 2582-8479

Juvenile Justice Laws in India: Critical Analysis Emerging

Trends, Issues and Challenges

Tamanna Khan, Symbiosis International Deemed University, Noida.*

Abstract

This paper provides comprehensive evaluation of the present scenario of

juvenile issues in Indian Criminal system. Also highlights the rights of the
detained young offenders. The basis of juvenile laws system lies in juvenile
delinquency. A separate legislation is enacted for children taking into
consideration the need of juvenile. With changing times, a major number of
juveniles are in conflict with law. Thus, a specialised as well as preventive
legislation has been established in India.

Keywords: Juvenile Justice, Juvenile Delinquency, Juvenile Rights.

*
The author is pursuing LL.M. in Criminal and Security Law( Batch of 2022-2023) from Symbiosis International
Deemed University, Noida.
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CHAPTER I: INTRODUCTION

Juvenile Delinquency is a major problem which children of all modern societies are going through
in today’s world. It is behaviour which is found in children from every class. India is country with a
population of 1.37 billion in which one third are children who are below 18 years. Over the past
years, an increase has been witnessed in India both crime by juvenile and crime against juvenile. In
an article by Edward H. Stullken, it has been said by an Egyptian priest that “the children not obeying
their parent’s orders is a sign that world is coming to an end”1 It is these small acts of disobeying
and delinquency which later on transform into violation of laws. Since the time immemorial such
deviation from standard set of rules is a major menace to every society. Some of the main reasons of
deviancy of young offenders committing serious offences is intake of drugs and alcohol. It has been
reported a major age group of ranging from 16 years to 18 years is involved in such habits.

I. Literature Review: There exists a number of researches on the Concept of Juvenile

Delinquency and Juvenile laws in form of case study, article, journals, papers and
commission reports, national crime bureau report and so on.
• P.I. Jose & Vijay Hansaria Book titled as “Juvenile Justice System” has provided a detailed
explanation of JJA 2000 rules, Board of Juvenile Justice and creation of child care homes.
Also briefed about the fundamental principles and role of police and probationary officer.
Also referred to the role of social workers and NGOs in child care and rehabilitation.
• R.N. Chaudhary (2019) book named as “Juvenile Justice in India” covers the JJA of 2015
with classification of all rules and regulation. It also provides description of allied and inter
related laws such as the commissions for Protection of child rights 2005 and the children Act
of 1960.
• Dr. NL .Mitra of NLU Bangalore, Senior Professor: 1998 Paper on “Juvenile Justice Law”
it includes a analysis of all major amendments made in juvenile legislations. Also highlights
the fact that one fourth of the prisoners is of young offenders and it lacks proper approach of
care and protection towards juveniles.

1
Edward H. Stullken, Misconceptions about Juvenile Delinquency, 46 J. Crim. L. & Criminology 833 (1956).
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• Askand Kumar Pandey publication “Commentary: legislative framework of JJ Act” it studies

the concept of law and policies in reference to child rights and protection. It is an exhaustive
study of supreme court judgements on juvenile justice laws.
• “Juvenile Delinquency: emerging trends & amendments in JJA” by Abdul Latif Wani (1999)
detailed description of changing laws with respect to juvenile crimes.

II. Research Methodology: This paper is based on doctrinal method of research wherein the
information is derived from sources such as secondary data. It is study of writings, journals
of renowned authors. The crime rate statistics is based on the surveys and reports of National
Crime Bureau.

III. Statement Of Problem: This paper focuses on finding out as to how the juveniles of our
country being treated under the JJA of 2015 and amendments thereafter. It analyses whether
these laws are effective enough to curtail the increasing crime rate.

IV. Aims and objective: The aim of this paper is:

• To analyse the delinquent practices of the youth offenders
• To study reasons of amendments in the juvenile laws
• To compare JJA with its latest Amendments
• How act has evolved after landmark judgements

V. Scope and Limitation: To study the pros and cons of Juvenile Laws and analyse how
effectively are Juvenile legislation applicable in recent times. How the act has dynamically
amended with growing crime rate.

VI. Hypothesis: Although there exists a comprehensive legislation to curb the crime committed
by young offenders but these legislation lack in proper implementation in certain
circumstances.

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CHAPTER II: OVERVIEW OF JUVENILE DELINQUENCY

Juvenile Delinquency is a concept which is complex in nature and differ from country to country.
All nations hold a different view of juvenile delinquency. Certain acts are forbidden in some places
whereas allowed in other parts of the world. For instance, disobeying parents’ orders and commands
is considered delinquent act in US but not in India. However, in India street hawking and black
market are potential sources for juvenile delinquent acts. The word juvenile is a derived from a Latin
term “juvenile” which means young. It is word which represents fragile side of children.

The system in India has focused not only on basic needs of juveniles but also on providing proper
care and shelter to the child. The juvenile system includes three bodies in order to deal with
delinquent juveniles: special homes, police enforcement agencies and juvenile justice Board. Prior
to these authorities, the Indian Jail Committee of 1919-1920 highlighted the need of trial and
treatment of young offenders. It was after the enactment of Children’s Act 1960 that juvenile courts
and observation homes came into existence. in some states where there were no juvenile observation
homes then children were examined in Police Lockups. The children’s act of 1960 lacked on some
points. There were instances where young offenders were kept in jails with adult offenders. The
report of All India Committee on Jail reforms highlighted need of homes for juveniles. As in some
states there were no homes and in other states they were mostly overcrowded.

When it comes to juvenile laws in India, Juvenile Justice Act 2015 has replaced the Children Act
1960. Juvenile Justice Act of 2015 had initiated various reforms in the existing laws depending upon
changing needs of the society. The JJA, 2015 states provisions of child related crimes. When it comes
to holding children accountable for crimes this act adopts counselling over punishments. Its main
aim is that it focuses on providing a policy for children which is uniform and protective in nature. It
provides provisions for rights and interests of children, their rehabilitation and development also.

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With the changing times, the Indian Law makers have witnessed developments in the international
community relating to juvenile crimes. This reflected a requirement of progressive and strict laws
for the Juvenile system in India. Due to the emergence of various developments the parliament
enacted Juvenile Justice Act, 1986 followed by the Act of 2000 and then the JJA of 2015. While
these laws were being enacted and amended, CJI Justice V.K. Krishna Iyer addressed that a uniform
and proper penal code is very much required for the children of the country, as neglecting these
aspects would lead to underdevelopment in children. The crime reports show that in last ten years,
the crime rate of juvenile crime under 16 years of age has increased a lot. In earlier decades there
was not such an upsurge of children crimes. Recent environmental & parental conditions of the
children constitute the reason of increased crime rate such as economic and financial needs or lack
of education.

Landmark Case: Nirbhaya Gang Rape case is one of the landmark cases which led to amendments
in the existing juvenile laws. In this case, a hideous and horrific incident took place on 16 th December
2012 which was very debatable among legal fraternity. As the main point of debate was related to
the accused who was short of 6 months in order to be 18 years of age. Due to such a situation the
Parliament was forced to make strict juvenile laws this led to the amendment of “Juvenile Justice
Act of 2015” One of the major changes which this legislation bought was relating to the age group
that 16 to 18 years of age group should be tried under the criteria of an adult.

VII. Concept Of Juvenile Delinquents And Delinquency:

Various authors have perceived the concept of juvenile delinquents and delinquency different ways.
According to Hirsch 2, delineated juvenile offences include Incorrigibility that is staying up for late
hours, disobedient behaviour etc. Other kinds include Truancy, property destruction, sex offences
including rape and assault. Eation and Polk classification of delinquents is based on the types of
offences they have committed. For instance, minor violations or property violations or traffic
violations. Also, includes Bodily harm that is homicide offences like rape and so on.
Kvaraceus has explained delinquent acts of youngsters on three variables. Firstly, it is the extent of
behaviour secondly emotional pathology and lastly social class of an individual.

2
Dynamic Causes of Juvenile Crime, Hirsch, Nathanel D.M., 1937 (88-107)
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CHAPTER III: REGULATORY FRAMEWORK OF JUVENILE

JUSTICE LAWS

The Amendment bill was introduced in order to make required changes in the existing Juvenile
Justice Act of 2015 on 15th March 2021. Both the houses Rajya Sabha and Lok Sabha cleared the
required changes in the bill. The bill focuses on the protection of children with regard to adoption
provisions. The bill pointed out the need for protection of children.

VIII. The Juvenile Justice (Care And Protection Of Children) Act 2015

The Minister of women and child development (Ms. Maneka Gandhi) presented this bill on 12 th of
August 2014 in the House of Representative that is Lok Sabha. Followed by this, on 22nd September
2014, a reference was made to the Human Resource Development committee headed by Dr.
Satyanarayan Jatiya. then on 25th February 2015, the human resource committee submitted its report
and the bill was approved by Lok Sabha on 7th May 2015. But some of the members of parliament
showed extreme amount of dissent for juvenile bill. The bill was then passed by Rajya Sabha on 22 nd
December 2015 and thereafter notified on 1 st January 2016 in the Gazette of India. This act came
into force from 15th January 2016.

IX. REASONS FOR CHANGES IN JJA,2015

Mukesh versus State(NCT of Delhi) 3 also called as Nirbhaya Rape Case, is the reason for various
amendments in our justice system. A juvenile was also equally part of the same crime like other
convicts. However, he was not subjected to same punishments due to juvenile justice laws. Under
this, the juvenile offender named Mohd. Afroz was given punishment under the Juvenile Justice Act
and was convicted for the offence of Rape and Murder with maximum of 3 years of imprisonment
with reform homes. The juvenile was at that time 17years and six months old when he committed
the crime. Due to which Juvenile Justice Board provided that his trial should not be conducted as an
Adult.

3
Editors International Labour Law Reports On, INDIA: Supreme Court of India, 15 INT. LABOUR LAW REPORTS
ONLINE 433 (2013).

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Many people were of the view that due to such a heinous and violent act the juvenile should be tried
as an adult and not be exempted. However, relying on Juvenile Justice Board the trials for him took
place in Juvenile Court. On 31st August verdict was given in which juvenile was convicted for rape
and murder and according to JJA of 2015 the punishment is maximum is 3 years which included the
8 months period of trial remand. The convict was released in 3 years on the date of 20 th December
2015. Rehabilitation Management Committees were established by the JJA of 2000, for the young
convicts.

Some of the main amendments in this act:

• This Act for juveniles has categorized the criminal acts into 3 parts, firstly petty offences
secondly serious offence and thirdly heinous offences.
• If a heinous crime is committed by a child of 16years he would be treated as adult offender
• Punishment for forcing/ giving intoxication to child is punishable with imprisonment for
period of 7 years and fine up to 1 lakh.

X. Juvenile Justice Amendment Bill Of 2021

In the recent times, the crimes committed by Juveniles are of much serious nature and certainly
cannot be ignored. It has been a major issue of concern as the crime figures are rapidly increasing as
reported by National Crime Bureau. Even the after making required changes in JJA of 2015 the child
care homes and agencies were not working as desired. The commission for protection of child rights
checked on certain child care agencies and homes. It is found that these child care homes were still
not enlisted even after 2015 amendments were brought. Latest amendment bill of 2021 of Juvenile
Justice was cleared on 28th July 2021 by the Rajya Sabha.

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XI. Provisions By New Amendment Bill:

• Serious Offences: one of the major changes is the classification of offences into serious
and heinous criminal acts. The heinous offences under section 2(33) are those criminal
acts for which the minimum imprisonment is 7 years or more than that prescribed by the
Indian Penal Code. Whereas the serious offences are those in which least punishment is
for period of 3 years but not exceeding period of 7 years as provided in section 2(54) of
IPC. This differentiation of offences has been introduced in order to eliminate uncertainty
and delay in justice.
• Adoption sanction mechanism is under the district Magistrate which prior to the
amendment was with courts to establish adoptive parents.
• Appeal: an aggrieved person with respect to adoption order can approach the divisional
official which results in speedy adoption process.
• Assigned Courts for Juvenile Offences: prior to the changes the crimes with punishment
process of 7 years or more years by Juvenile court and below 7 years of imprisonment
tried by Magistrates. The amendment provides both of these offences are to be tried under
Juvenile Court.
• District Magistrate to be engaged in surveys for child care and protection.

Thus, this new bill creates a certain amount of responsibility on the part of bureaucrats. Improper
execution of juvenile laws has led to exaggerated crimes by young offenders. However, this bill
focuses on making beneficiary and protective legislations for children.

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CHAPTER IV: TRENDS IN JUVENILE DELINQUENCY IN INDIA

The National Crime Records bureau data reflects that there has been major increase in juvenile
crimes mostly from age group of 16 to 18 years old. Most highlighted incident of crime committed
by juvenile is the Delhi gang rape case. Reports show that percentage of rape committed by juveniles
is increased by 188% in the past few years. Not only women related crimes but crime rate of robbery,
theft, murder has also been raised by huge amount. There has been a exponential rise in crimes such
as abduction of women. In span of 1999-2010 the crime in Indian Statistics is as follows: the IPC
crimes figures witnessed a steep increase in juvenile crimes. One of the reasons is the change in
definition of juvenile by the statutes. Wherein the age for delinquent child was amended from 16
years to 18 years. Over the years, for instance from 2001 to 2008 about 50 percent increase is seen
in total incidence of crime rate. 4

XII. Description Of Juveniles In Conflict With Law

As per data given by States and Union territories in NCRB5. This includes depiction of number of
crimes committed by juveniles in the year of 2019, 2020 and 2021. This research is conducted in
consideration with the population census of 2011. The crimes committed by juveniles have been
increasing in the recent times. Some of the states with high crime rate are Delhi, Uttar Pradesh,
Chhattisgarh, Maharashtra and Madhya Pradesh. The graphical visualization is depicted below of
number of crimes committed by juveniles in each year. In the span of 2019 to 2021, Delhi crime rate
increased by 47.7%, in Uttar Pradesh increased by 1.6%, in Chhattisgarh increased by 20.6%, in
Maharashtra by 12.6% and in Madhya Pradesh increased by 19.8%. The National Crime Bureau
provides that there has been a total increase in crime ratio by 7% by the year 2021 all over India.

• As depicted in table 1.1 the rate of crime is calculated as per one lakh of population
• Crime committed by juveniles in Delhi, UP, Chattisgarh, Maharashtra and M.P.
• Record as per data from NCRB

4
NCRB Report, Crimes in India 2012, Ministry of Home Affairs, Government of India.
5
National Crime Records Bureau Ministry of Home Affairs https://ncrb.gov.in/sites/default/files/CII-
2021/CII_2021Volume%201.pdf

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TABLE 1.1 : CRIME BY JUVENILES

6000
------IN THOUSANDS------

5000

4000

3000

2000

1000

0
DELHI UTTAR CHHATTISGARH MAHARASHTR MADHYA
PRADESH A PRADESH
2019 2783 976 1647 5189 5522
2020 2455 1282 2090 4079 4819
2021 2643 1330 2004 4554 5684
---------CRIME RATIO IN DIFFERENT CITIES--------

2019 2020 2021

Crimes Against Children:

This data represents population of children according to the Population Census 2011. This graphical
representation depicts crime committed against children in the year of 2019,2020, 2021. The
National Crime Bureau provides a list of crime figures committed against children in all states and
Union territories of India. The research provides that total all India Crime rate committed against
children in 2021 is increased by 32.6%. The chart below represents some of the states in which there
exists a major crime rate. Also, an increase has been witnessed in crime with changing society. In
the period of 2019 to 2021 in Delhi the crime rate witnessed is 128.5%, in Uttar Pradesh 19.7% , in
Chhattisgarh 61.6%, in Maharashtra 47.8% in Madhya Pradesh 66.7%.

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TABLE 1.2 : CRIME AGAINST CHILDREN

-----IN THOUSANDS-----

20000
18000
16000
14000
12000
10000
8000
6000
4000
2000
0
DELHI UTTAR CHHATTISGAR MAHARASHT MADHYA
PRADESH H RA PRADESH
2019 7783 18943 5665 19592 19028
2020 5362 15271 5056 14371 17008
2021 7118 16838 6001 17261 19173
------CRIME RATIO IN DIFFERENT CITIES----

2019 2020 2021

• As depicted in table 1.2 the rate of crime is calculated as per one lakh of population
• Crime committed against juveniles in Delhi, UP, Chattisgarh, Maharashtra and M.P.
• Record as per data from NCRB

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CHAPTER V: CONCLUSION

Children are considered a very essential human resource and an asset to society. It frames the overall
development of the country. It is the youth of the nation which acts as future contributors and
controllers. The juvenile justice system is the most comprehensive as well as dynamic legislative
framework for the children of our country. The main motive is to provide a safe and child sensitive
environment to them. The Indian Criminal system tries to make relevant amendments in order to
provide social as well as juridical justice. In addition to the Juvenile legislation, the Indian
Constitution provides special status to the children and allows the state to make laws for them
through Art. 15(3), 39(e) & (f) and Art. 45.

XIII. Suggestions & Recommendations:

It is suggested that all states must adhere to the principles established by International Child
Rights Organisations and Institutions.
• Best interest of child should be taken into consideration while establishing observational
homes
• Children should be aware and allowed to use their rights in a proper way
• The police authorities should not be discriminatory on the basis of status of the juveniles
• The Juvenile laws should be child sensitive in nature and clearly reflect the rights of
children
• Legal facilities and legal awareness should be easily accessible by the children

With regard to the Juvenile Laws system in India, in practical sense it should:
• Focus more on preventive approach
• Strict procedures for heinous crime offenders between 16 to 18years taking advantage
under exemptions.
• Implementing child care and protection schemes

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