Juvenile Justice Act, 2015

Juvenile Justice Act, 2015 aims to replace the existing Indian Juvenile Delinquency Law, Juvenile Justice Act, 2000, so that juveniles in conflict with the law in the age group 16-18, involved in Heinous Offences, can be tried as adults.

Juvenile crime is not a naturally born in the boy, but it is largely due either to the spirit of adventure that is to him, to his own stupidity, or to his lack of discipline, according to the nature of the individual.-Robert Baden-Powell.

The children are not only gifts from God but also considered to be the greatest personal as well as national assets. We as a whole have a duty and responsibility that children should be provided and allowed to grow in a healthy and socio-cultural environment so that they become physically fit, mentally alert and morally healthy responsible citizens. The state must provide equal opportunities for the development of all children which can help to reduce inequality and ensure social justice.

The children are expected to be obedient, respectful and have good virtues in them. However, due to certain circumstances, a certain percentage of children do not follow the set social and legal dictum. Such children more often than not get involved in criminal behavior which is known as Juvenile Delinquency or Juvenile crime.

Who Is A Juvenile?

The word delinquency has was derived from the Latin word (delinquere) which means away and linquere i.e. to leave thus, mean by to leave or to abandon.

Nowadays, the word is being predominantly used and applied to those parents or guardians who have abandoned and neglected their children. Initially, it applied to all those children who are tangled in illegal and harmful activities.

A juvenile is a teen who has dishonored certain laws which announces his act or omission as an offense. A juvenile and a minor are used from a different perspective in legal terms. The term juvenile is generally used to characterize a young criminal offender and minor is allied to the legal capacity of a person. Moreover, Juvenile is considered as a young person who has not accomplished a specific age as mentioned in the law of any country and doesn't abide resemblance as a matured person and who can be made legally accountable for his criminal activities.

Laws Passed By The Government

The laws concerning Juvenile had been formed long back but they have also been changed from time to time. Currently, in all the advanced and civilized countries of the world, the laws concerning the Juvenile have been changed.

In India, the Juvenile Justice Act, 2015 has been passed by the parliament. It aims to replace the existing Indian Juvenile Delinquency Law, Juvenile Justice Act, 2000, so that juveniles in conflict with the law in the age group 16-18, involved in Heinous Offences, can be tried as adults. The Act came into force from January 2016.

Juvenile Justice System In India

Juvenile delinquency in India is not as tense as it is in the western world. It may be due to varied in living conditions such as greater family and parental control, the stronghold of religious convictions and due regard for moral precepts in Indian society. This does not suggest that the proportion of juvenile delinquency in India is negligible.

The impact of western civilization and temptation for a luxurious life has greatly affected the modern Indian youth. Consequently, there has been considerable growth in crimes committed by juveniles. India seeks to tackle the problem of juvenile delinquency based on three fundamental principles:

(i) Young offenders should not be tried; they should rather be corrected;

(ii) They should not be punished but reformed

(iii) Exclusion of delinquents i.e. children in conflict with the law from the ambit of Court and stress on their non-penal treatment through community-based social control agencies such a Juvenile Justice Board, Observation Homes, Special Homes, etc.

A separate procedure has been laid down for dealing with the neglected and uncontrollable juveniles who have been termed as ‘children in need of care and protection under the Juvenile Justice Act,2000. The provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, indicate that unlike countries like USA and England, the courts in India do not have jurisdiction concerning a child in conflict with the law. That apart, the term delinquency with juveniles has the same meaning as offenses committed by adults.

The only difference between the contents of delinquency and an offense is that an offense committed by an adult person is to be tried in ordinary court whereas the juvenile who commits a delinquent act is tried against in the Juvenile Justice Board through a special procedure.

Certain special provisions also exist in the Indian Penal Code and the Code of Criminal Procedure, 1973 which is to provide special treatment and procedure to the young and juvenile offenders.

They are as follows:

(1) Under Sections 82 and 83 of the Indian Penal Code, elaborate provisions regarding the extent of criminal liability of children belonging to different age groups have been provided. A child below the age of seven is doli incapex, i.e. 'incapable of committing a crime.' Similarly, a child between seven and twelve years of age has only limited criminal liability. The contention is to justify a lenient treatment to young offenders as they cannot comprehend the nature and consequences of their actions due to lack of sufficient maturity and understanding.

(2) Under Section 360 of the Code of Criminal Procedure, 1973 when any person who is below twenty-one years of age or any woman, is convicted of an offense not being punishable with death or imprisonment for life, and no previous conviction is proved against such person, the court may, having regard to the age, character and antecedents of the offender, and to the circumstances in which the offense was committed, order release of the offender on probation of good conduct for a period not exceeding three years on entering into a bond with or without sureties, instead of sentencing him to any punishment. Such first offenders are not to be tried in a criminal court through the ordinary procedure. Instead, they are to be dealt with and corrected through special methods or treatment under the law. The main objective is to separate the young offenders from hardened criminals so that they are not exposed to recidivistic tendencies.

(3) Section 27 of the Code of Criminal Procedure, 1973 further suggests that a lenient treatment to juveniles has already received statutory recognition in the Indian law. Under this section, if a person below sixteen years of age commits an offense other than the one punishable with death or life imprisonment, he should be given lenient punishment depending on his previous history, character, and circumstances which led him to commit the crime. His sentence can further be commuted for good behavior during the term of his imprisonment.

Further, the proceedings instituted against him are not published to prevent the juvenile offender from stigmatization and embarrassment. His name, address or identity is not disclosed and the general public is excluded from witnessing the trial. The parents may, however, be allowed to attend the trial. The main objective of these closed-door proceedings is to keep off the delinquent from the rigors of procedural law and make the trial simple and less formal.

The principle underlying these legislative measures pre-supposes that youngsters are by nature and therefore, society attitude towards them should be one of tolerance and generosity. Also, the mental attitude of juvenile delinquent at the time of committing crime certainly differs from that of a confirmed adult criminal hence it would be grossly unjust to punish the two alike.