!

UNIVERSITY OF PETROLEUM AND

ENERGY STUDIES

SCHOOL OF LAW

PROJECT ON
“JUVENILE CRIMES AND PUNISHMENT “
UNDER THE SUPERVISION OF MR. ASHISH SIR

BBA LLB CORPORATE LAW

SUBMITTED BY:

NAME SAP ID
Chitraksh Mahajan 500071415
ACKNOWLEDGEMENT

I hereby express my deep sense of gratitude to Mr. Ashish sir,Professor

and my guide for his invaluable guidance, encouragement and co-
operation in completing this thesis.

I am grateful to Teachers, and Friends for their encouragement and co-

operation. I am deeply indebted to my parents for their encouragement
and blessings.

I express my gratitude to the library staff of my University – University

of Petroleum And Energy Studies, Dehradun for their co-operation.
LIST OF CONTENTS

• INTRODUCTION
• WHO IS JUVENILE?
• DIFFERENCE BETWEEN CHILD AND JUVENILE
• WHAT ARE JUVENILE CRIMES
• CAUSES/REASONS FOR JUVENILE CRIMES
• JUVENILE CRIMES IN INDIA
• INTERNATIONAL CONCERN FOR JUVENILECRIMES
• HISTORY OF JUVENILE JUSTICE SYSTEM IN INDIA
• JUVENILE JUSTICE SYSTEM IN INDIA
• JUVENILE JUSTICE ACT, 2000
• JUVENILE JUSTICE ACT ,2015
• JUVENILE JUSTICE AND CONSTITUTION OF INDIA
• PUNISHMENT FOR JUVENILE CRIMES
• SENTENCING IN JUVENILE COURTS
• CASE LAWS RELATED TO JUVENILE CRIMES IN INDIA
• COMPARATIVE STUDY – U.K. AND U.S.
• NEED FOR AMENDMENTS
• CONCLUSION
• SUGGESTION
• REFERENCE

JUVENILE CRIMES AND PUNISHMENT

INTRODUCTION
A child is a person who is going to carry on what you have started…. He will assume control of
your cities, States, and nations. He is going to move in and take over your churches, schools,
universities, and corporations the fate of humanity is in his hands.

Children are considered gifts of God; they are the best personal and national assets. Children are
expected to be obedient, respectful, and have virtues and good qualities in them. In recent
decades, the crime rate for children under the age of 16 has increased. The reason for the increase
in the crime rate may be due to the child's educational environment, economic conditions, lack of
education and parental care. These are some of the basic reasons. And the most disappointing
part is that children (especially under the age group of 5 to 7 years old) today are used as a tool
to commit crimes because at this stage their mind is very innocent and can be easily manipulated.
Often these children are involved in criminal behavior, known as "juvenile delinquency" or
juvenile Crime. Juvenile crime is a harsh reality in India. In recent times, minors have been
involved in much of heinous crime, such as murder and gang rape. It is a disturbing trend and
society as a whole is distressed by such criminal acts committed by children.

WHO IS A JUVENILE?
Juvenile "means a person who is very young, adolescent, , or minor. Sometimes the term" child
"is also used interchangeably with the term" Juvenile.”
Legally speaking, a minor can be defined as a child who does not have reached a certain age at
which he can be held responsible for his criminal acts as an adult under the country's law. The
Juvenile is a minor accused of having committed certain acts or omissions that violate any law
and are declared a crime.
According to the JJ law ACT 2000, a minor should not be treated as an adult, even if he is
involved in criminal acts, for the purposes of trial and punishment in court
• Difference between a child and a Juvenile
In general, "child" means a person that he has not turned 18 and is not mature enough to
understand what is right and what is wrong In the modern era, the criminal laws of most
countries have adopted the principle of "doli incapax", which means to know that an act
committed is a crime. Under subsection 12 of Section 2 of the Juveniles (Care and Protection)
Act, 2015, "child" means a person who has not reached the age of eighteen. The law classifies
the term "child" into two categories: -
• "child in conflict with the law" and
• “child in need of care and protection".
A child accused of a crime is not tried as an adult and is sent to the care Center, until childhood,
while the minor is a person between the ages of sixteen and eighteen. A young person accused of
a crime is a Juvenile and is tried as an adult in court proceedings.
In a general sense, both terms have the same meaning, but the difference lies in the context of
the implications in the eyes of the law. Minors involve youth and adolescents, while the Juvenile
indicates an immature person or juvenile delinquents.

WHAT ARE JUVENILE CRIMES?

The term Juvenile Crime refers to any crime committed by a person under the age of 18 and still
considered a minor under the law. There are some cases in which a minor can be treated as an
adult in court. This happens when the crime committed is considered particularly heinous or
violent. Offenses such as murder, rape, certain types of group violence, or other violent crimes
can cause the child to be tried as an adult. When this happens, the court treats the minor as if he
were an adult.

• Types of crimes, offenses and rapes of adolescents or youth

• Larceny / theft: Ex. Shoplifting, robbing a bicycle, robbing of backpacks and lockers

• Alcoholic Offences: Ex. Purchase or possession of minors, consumption of alcohol by

minors, supply of alcohol or drugs to minors, in possession of an open container in public
/ automobile

• Possession of a weapon: Ex. In illegal possession of pepper spray, possession of a

shotgun or ammunition for shooting when underage, carrying weapons such as brass
metal knuckles or nun chucks.

• Assault: Ex. Getting into fights. They could attack victims as part of other crimes, such
as stealing or stealing the purse. Some juvenile delinquents behave like bullies at school
and also include physical violence and abuse or emotional insults.

• Sexual Offences: Ex. Commits rape or sexual assault, even teens can be involved in
prostitution and can be involved in sex trafficking.

• Status crimes: Ex. They can be charged with absences if they miss too many school
days. They could be charged with curfew violations if they go out late at night. They
could be charged with incorrigibility if they refuse to obey their parents.
REASONS OF JUVENILE CRIMES

There are various causes of juvenile delinquency in India. Each person has different behavior
patterns, as in the case of children as well. Behavioral patterns develop in early childhood and in
the initial stage it is very difficult to identify any type of behavior. But as soon as the child grows
up in the real world, behavior patterns change from time to time, and many circumstances or
situations can result in delinquent behavior. The following are some of the causes of juvenile
delinquency: -

• Instability of adolescence: - Biological, psychological and sociological factors are

one of the important factors in the adolescent behavior pattern. At this point, teens
become more aware of their looks and fashions, fun, food, games, etc. And at this
age, they want freedom and they want to be independent, but sometimes parents,
teachers have some possibilities and opportunities, and the elderly lead to the
development of antisocial behavior in them. Therefore, this antisocial behavior,
biological changes, psychological causes are some of the reasons that are
responsible for juvenile delinquency.

• Disintegration of the family system: - The disintegration of the family system

and laxity in parental control are also the main cause of the increase in juvenile
delinquency rates. In normal cases, parental divorce, lack of parental control, lack
of love and affection are the main factors in juvenile delinquency.

• Economic conditions and poverty: - Poverty and poor economic conditions are
also considered factors that contribute more to the increase in child crime due to
poverty, parents or guardians cannot meet the needs of the child and, at the same
time, the Children want their parents to fulfil their wishes with the hook or with the
cook, and when their wishes are not fulfilled, they begin to afford to steal money
from their homes or from any other parent. And this develops a habitual theft trend
that results in large-scale theft.

• Migration: - The migration of abandoned and destitute young children to the

slums puts them in contact with some antisocial elements of society that carry out
some illegal activities such as prostitution, drug and narcotics trafficking, etc. This
type of activity is very attractive to such young people and they can participate in
such activities.

• Sexual indulgence: - Children who have suffered sexual violence or any other
type of unwanted physical assault in early childhood can develop any kind of
repulsion in their behavior and mind. At this age, they may become more homeless
or want to have sexual experience. Too much sexual variation can lead children to
kidnap crimes, rapes, etc.
 • Modern lifestyle: - The rapidly changing patterns of society and the modern
lifestyle make it very difficult for children and adolescents to adapt to new ways of
life. They face problems of cultural conflict and cannot distinguish between right
and wrong.

JUVENILE CRIMES IN INDIA

Petty Offences in general, and heinous crimes in particular, are regularly committed in India by
children. Offenses such as theft, robbery, kidnapping, etc. That they are not of such a serious
nature, or crimes such as robbery, dacoit, murder, rape, etc. Those that are relatively severe are
on the rise across the country. And the unfortunate thing is that all types of these crimes are also
committed by children under the age of 18.

There is also a specific trend among Juvenile that juvenile aged 16-18 are more involved in
heinous criminal acts. According to the National Crime Record Bureau (NCRB), the data (2013)
show that of the 43,506 crimes registered against minors under the Indian Penal Code (IPC) and
the Special Local Law (SLL) by minors, 28,830 had been committed by persons aged between
16 and 18 years, which is more than 60%.

In Maharashtra, of the 8,012 cases against minors in 2013, 5,594 were committed by minors over
the age of 16.

Statistics also show that the number of children found in conflict with the law under the IPC and
SLL increased by 13.6% and 2.5% respectively in 2013, compared to 2012. According to police
sources, an increasing number of children are involved in crimes. serious. According to NCRB
statistics (2013), the increase in crimes against women committed by minors was the highest in
cases where a woman's modesty was outraged (132.3%) followed by words, gestures or deeds
intended to insulting a woman's modesty (70.5%) and rape (60.3%).

INTERNATIONAL CONCERNS ON JUVENILE CRIMES

The General Assembly of the United Nations adopted the Convention on the Rights of the Child
on November 20, 1989, which establishes a series of norms that all States Parties must respect to
guarantee the best interests of the child. International instruments and conventions have
contributed significantly to the issue of children's rights and the prevention of child abuse.
International organizations such as the United Nations and UNICEF have always paid more
attention to child development.
 Below are the international tools and conventions signed by all United Nations states to protect
the rights of the child:

• United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(Beijing Rules)

• UN Guidelines for the prevention of juvenile delinquency (Riyadh guidelines)

• United Nations Rules for the protection of Juvenile deprived of liberty (Havana
conventions)

• Guidelines for action against children in the Criminal Juvenile System (Vienna
Guidelines)

HISTORY OF JUVENILE JUSTICE SYSTEM IN INDIA

In the current era, a movement for the special treatment of juvenile offenders has started around
the world, including many developed countries such as the United Kingdom and the United
States. This movement started around the 18th century. Before this, Juveniles were treated like
other criminals. And for the same reason, the United Nations General Assembly adopted a
Convention on the Rights of the Child on November 20, 1989. This convention aims to protect
the best interests of juvenile offenders. The Convention establishes that to protect the social
reintegration of juvenile, there will be no prosecution or judicial proceedings against them. The
Convention induces Indian law to repeal the Juvenile Justice Act of 1986 and to adopt a new law.
Therefore, Indian legislation has devised a new law called the "Juvenile Justice (Child Care and
Protection) Act, 2000.

Juvenile Justice, 1986, which repealed the previous Children's Act, 1960, intended to implement
the guidelines contained in the Standard Minimum Rules for the Administration of Juvenile
Justice adopted by the United Nations in November 1985. The aforementioned act consisted of
63 sections, 7 chapters and extends throughout India to except to the state of Jammu and
Kashmir. The main objective of the law was to provide care and protection, treatment,
development and rehabilitation of neglected juvenile offenders. The main objectives of the law
were: -

• The law essentially established a uniform framework for juvenile justice in the country in
order to protect the law and the interests of the child
 • It Talk about machinery and infrastructure for care, protection treatment, development
and rehabilitation of the offender’s juveniles.

• It establishes the basic provisions for the proper and equitable administration of criminal
justice in case of atrocious crimes committed by minors.

JUVENILE JUSTICE SYSTEM IN INDIA

Like the other countries, India had also established legal provisions that specifically deal with the
rights and protection of juvenile offenders seeking to tackle the problem of juvenile delinquency.
The juvenile justice system in India is based on three main assumptions:

• juvenile offenders should not be tried in court, but should be corrected in the best
possible way,

• they should not be punished by the courts, but they should have an opportunity to reform

• trial for a minor in conflict with the law should be based on non-criminal treatment
through communities based on social control agencies, for example. Observation houses
and special houses.

JUVENILE JUSTICE ACT, 2000

The law was enacted in 2000 with the aim and intention of providing protection to children. This
was amended twice, first in 2006 and later in 2011. The change was made to close the gap and
loopholes in implementation.

Furthermore, the increasing number of juvenile crime cases in recent years and the terrible
incident of the "Delhi Gang Rape Case" have forced lawmakers to write the law. The main
disadvantage of the law is that it contains poorly equipped legal provisions and the
malfunctioning of the juvenile system was also the main reason to prevent child crime in India.
The law was soon replaced by the Juvenile Justice (Care and Protection) Act, 2015.

JUVENILE JUSTICE ACT, 2015

The objective is to consolidate laws related to suspected and found minors in conflict with the
law and children in need of care and protection through restoration and taking into account their
basic needs through proper care and protection, development, treatment, social integration, taking a
child-friendly approach in judging and eliminating problems within the best interests of children .. The
law also focuses on the rehabilitation of juvenile offenders through various children's homes and
institutions. The most important topics of the law are the following: -

• Claim of Juvenility

The first and most questionable question between the legal fraternity and the
socialists is the "juvenility claim". The claim of juvenility must be decided by the
juvenile justice Board. The Board has to decide on the claim of juvenility before the
judicial procedure, but the claim of juvenility can be brought before the court at any
stage of the procedure and even after the Board has closed the matter. The Board had
to consider rule 12 of the juvenile justice rules 2000 to determine the claim of the
juvenility.

In the case of Kulai Ibrahim v. State of Coimbatore, The Court noted that the
defendant has the right to raise the claim of juvenility at any time during the trial or
even after the case was filed under Section 9 of the 2015 Juvenile Justice Act.

In the case of Deoki Nandan Dayma v. State of Uttar Pradesh, the court ruled that
enrollment in the school register that mentions the student's date of birth is admissible
evidence for determining the age of the minor or showing that the accused is minor or
minor.

Again in the case of Satbir Singh vs State of Haryana, the Supreme Court reiterated
that, in order to determine whether the accused is a minor or not, the juvenile justice
Board must take into account the date of birth recorded in the school records.

In the case of Krishna Bhagwan v. State of Bihar, the court stated that for the
purposes of the trial under the juvenile justice Board, the relevant date for considering
the minor's age should be the one when the crime was committed. But then, in the
case of Arnit Das v. In the state of Bihar, the Supreme Court quashed its previous
decision and determined that that date for deciding on the claim of juvenility must be
the date on which the accused appears before the competent authority.

• Juvenile Justice Board

There shall be a constitution of the board of directors for the inquiry and hearing of
juvenile in conflict with the Law.
 The board is made up of the chief magistrate and two social workers, one of whom
must be a woman. The law establishes that the Board cannot under any circumstances
regulate and operate in normal judicial premises. The decision made by the chief
magistrate is final.

Special procedure of the juvenile justice council:

• The law has established the procedure against the offender of the juvenile
crime. The following are the main special procedures:

• The procedure cannot be initiated by a complaint filed by the police or the

citizen.

• The hearing must be informal and must be strictly confidential.

• Offenders must be kept in the observation house after arrest.

• The trial for minors in conflict with the law must be carried out by the
magistrate.

• A juvenile in conflict with the law may be brought before a single board
member when the Board is not sitting

JUVENILE JUSTICE AND CONSTITUTION OF INDIA

After independence, constitutional provisions encouraged developments in the field of the
juvenile justice system in India. Part III and Part IV of the Indian Constitution deal respectively
with "fundamental rights" and "guiding principles of state policy" and contain special provisions
on the care and protection of minors. The provisions of the Indian Constitution for juvenile
justice are as follows:
• Article 15 (3): It allows the state to make special provision for children and women.
• Article 21-A: The state must provide free and compulsory education to all children from
six to fourteen years old.
• Article 23: prohibits trafficking in human beings and forced labor.
• Article 24: prohibits the use of children under fourteen in factories, mines and other
dangerous works.
• Article 39 (e): orders the State to safeguard the tender age of children so that they do not
participate in work inappropriate for their age or strength.
 • Article 39, (f): orders the State to offer opportunities and structures for the healthy
development of children and to protect children and young people from exploitation and
moral and material abandonment.
• Article 45: The State provides early childhood assistance and education to children under
the age of six.
• Article 47: it is the duty of the state to increase the level of nutrition and the standard of
living and improve health.
Therefore, the legislature during the drafting of the Juvenile Justice Act 2015 took into
consideration all the necessary provisions established by the Constitution so that the rights of
minors are protected in all possible ways.
This is for the same reason that Chapter IV of the law establishes provisions for the
improvement of juveniles and has focused on the reform and rehabilitation of juveniles in all
possible circumstances.

PUNISHMENT: REFORMATIVE OR PUNITIVE

Juvenile justice is a legal framework that defines juvenile justice within the Indian legal system.
The system offers special treatment and protection against juvenile delinquency. Juvenile
delinquency means a crime committed by young people under the age of 18. At the moment,
everyone knows that there is an increasing rate of juvenile crime and this increasing rate is
creating a questionable age-determining problem.

Determination of age is considered one of the most important factors in determining the maturity
level of the accused. Does the increase in crime rate raise a question about whether the child can
be tried as an adult or not? The act itself answers the question that no juvenile offender who is
under the definition of "child in conflict with the law" as defined in section 13( 2) of the law
should not be tried as an adult and should be sent to childhood or any rehabilitation center (until
the offender has reached the age of 21 and can then be transferred to prison or prison).

Therefore, the current law on minors in India considers that the determination of age is of
fundamental importance to determine if the offender is within the scope of the juvenile justice
law.

According to the law, the maximum length of sentence that can be given to minors is three years
and this punishment is also valid for heinous crimes. In the case of an adult criminal, the
maximum penalty that can be imposed is 7 years or life imprisonment or the death penalty. But,
in the case of minors, the law believes in youth reform as much as possible. The type of reform
punishment under the law includes: - sending children to rehabilitation centers, juvenile schools
or involving them in various programs run by the government or NGOs.
In the current scenario, it is not necessary to foresee a lesser type of punishment for a heinous
offense and it lasts precisely because of the determination of age or age factor. Rape is rape, you
cannot walk taking a reason of age or mental disability or lack of mentality. In Ram Prasad Sahu
v. State of Bihar, the Supreme Court stated that a minor can be convicted of committing rape and
an attempt to commit rape. When a child is not fit to be punished but is capable of rape or
murder, it is contrary to the principle of justice and the principle of proportionality of punishment
if it is granted general immunity. it is an established psychological medical fact that a 16-year-
old's level of understanding was on par with that of adults.

The 2015 JJ Act under Section 47 (4) states that: "Any child who is presumed to be in conflict
with the law who is not under the responsibility of the parent or guardian and who is sent to an
observation home must be separated based on the child's age and gender, after taking due
account of the child's physical and mental state and the degree of the crime committed. "

So, the JJ Act of 2015 really protects fundamental rights. Existing law in the name of age
determination or age consent is not creating a deterrent effect on juvenile’s antisocial behavior.
Juvenile offenders believe that committing a heinous crime is not a problem as they will receive
very little or no punishment in the name of reform.

Adopting the reformative punishment theory is giving juvenile offenders an undue advantage in
perpetuating their ability to commit a crime without facing serious consequences. The reform is
good but not always. If the law talks about reforming juvenile offenders so they can have a better
life in the future, then the law should also talk about victims' rights. Justice must be done to the
victim.

Reformative theory helps children to reform, but it does not help the victim at all. The current
juvenile system in India was created to believe that juvenile delinquents could be reformed and
rehabilitated, sending them to bars or prisons to reaffirm their status and identity as
"delinquents".

Now the question arises that there is no guarantee that minors will be reformed and will no
longer show their antisocial behavior. The law focuses primarily on reform rather than sanction.
The criminalization will undoubtedly create a deterrent effect on the child and the increasing
juvenile crime rate will decrease.

SENTENCING IN JUVENILE COURTS


A judge can convict a minor who has been considered a criminal by issuing a disposition order.
Sometimes they sentence the child to a period of detention, but probation and other more
forgiving options are common. Even if a juvenile receives a prison sentence, it is generally not
the same as an adult accused criminal who is sentenced to prison. Often, incarceration will
consist of house arrest or placement with a different relative or in a foster home.

A judge may also order a juvenile to spend a short period in a juvenile detention center, possibly
followed by a period of probation. If a minor has committed a more serious crime, a judge can
sentence him to a longer period of detention in a protected youth center. This term can last a year
or more. In some unusual cases, a minor can be sentenced to spend time in a normal prison or
jail. If they have almost come of age when they commit a serious crime, they can receive a
mixed fine. This means that they are initially sentenced to juvenile detention and then transferred
to an adult prison or prison once they reach the age of majority.



Other Types of Sentencing



Juvenile court judges often believe that sanctions other than incarceration have better purposes to
rehabilitate the child. They may order the child to pay a fine or refund, complete a counselling
program, complete a community service, or wear a wrist or ankle bracelet that tracks their
location. If the minor has a clear record and has only committed a minor crime, a judge may even
let him go with a verbal reprimand.

Probation is perhaps the most common sentence in the juvenile justice system. Judges have
considerable discretion to establish conditions of parole. These may be specific to the
circumstances of the case. Some potential probation conditions include curfew, educational
programs, treatment programs, counselling, community service, and restrictions on other minors
with whom the juvenile offender may bond. If the child lives with his parents or a guardian, they
will be responsible for helping him meet the conditions of probation.

The juvenile will meet with a probation officer at regular intervals to verify that they comply
with the terms of the probation. If the minor's parent or guardian discovers that he or she has
violated a probationary period, they must notify the probation officer. The parole officer will then
file a violation of the parole notice in court. The judge will review the situation and determine
whether to revoke parole. A violation of probation can result in a prison sentence, although this is
not guaranteed.



Appealing a Disposition Order



A minor has the right to appeal a disposition of order , similar to an adult appeal of a criminal
sanction. They can also ask the judge who issued the order to change it if your situation changes.
The child must demonstrate that the change would be appropriate to his needs and best interests.
This is an option that is generally not available to adults in criminal cases.



Transfer to adult courts



In some situations, a juvenile court judge may determine that a minor has waived protection to
be tried in a juvenile court. Consequently, the judge can transfer the case to an adult court. This
can also occur when a minor is an offender, as the penalties imposed on the juvenile justice
system may be considered insufficient to correct his conduct. Most juveniles prefer that their
case not be tried in adult court. A court conviction of an adult can result in more severe penalties,
which sometimes result in mandatory minimum sentences. The minor can be sentenced at the
time of imprisonment and a judge does not have the same flexibility to execute a sentence as a
judge in the juvenile court. An adult court ruling also has a more significant impact on a child's
social and professional prospects. These beliefs are less frequently sealed and will be taken more
seriously by other people who interact with the child.

However, there are some advantages to being tried in an adult court instead of a juvenile court. A
minor can enforce the right to a jury trial, which is generally not available in juvenile court. This
may mean that the minor will receive a lighter sentence, since jurors tend to better understand a
minor accused than a judge. Many adult court judges and prosecutors will try to effectively
resolve a case involving a juvenile offender so that they can focus on cases involving accused
adults. This can lead to a generous plea bargain.



Requirements for Transfer to Adult Court



Generally, there is a minimum age at which a minor can be tried in an adult court. This is
generally 16 years old, although she may be 13 years old or another age. Some states stipulate
that a minor of any age may be tried in an adult court if he is accused of manslaughter or other
very serious crime. Growing concern about juvenile delinquency has led to movements in many
states to lower the minimum age at which minors can be tried in adult courts and expand the
types of offenses that may involve a transfer.

Some of the common situations in which a judge can order a transfer include when the case
involves a serious crime or a minor who has committed many past crimes. They may also be
more likely to transfer a case when an accused minor has almost come of age. The judge may
consider the effectiveness of previous efforts to rehabilitate the minor to determine whether the
juvenile justice system can actually correct his behaviour. If they have exhausted their options
within the system, a judge may conclude that pursuing these options again would not be worth
the effort.

CASE LAWS RELATED TO JUVENILE CRIMES IN INDIA

Currently, around 42% of population of India is below 18 years. In recent time people have
witnessed some of the most brutal and heinous crimes being committed by the children. Some of
the infamous crimes are as follow:

• The Nirbhaya case - On 12-16-2012, the capital witnessed the most heinous crime for
which a physiotherapy student was brutally gang raped in a moving bus where she was
traveling with a friend. One of the accused was a minor. This was one of the outstanding
cases that highlighted the defect with the youth system of the time.

• Shakti Mills Gang Rape. - Another heinous case that saw the involvement of children
under 17 at the time of the sexual offense. In July / August 2013, seven people were
arrested in two separate group rape cases committed against a photojournalist and a
telephone operator, at the Shakti Mills Compound (Mumbai), two were minors.

• Hatigaon Rape case. - In September 2013, a group of five (young) boys in the 12-16 age
group; they raped a 12-year-old girl by dragging her to an abandoned place and raping
her all night. These boys were neighbours of the minor victim.

• Mayur Vihar murder case. - In November 2013, a gang of five minors allegedly killed
the wife of a jeweller in Mayur Vihar, Delhi, and fled with gold and money.

• Minor case of "rape and murder". In April 2015, the Chandigarh police arrested a
minor for the kidnapping and murder of a minor.

• Mercedes Hit and Run case. - In July 2016, it was the first case since the new 2015 JJ
Law came into force in which the accused was tried as adults. The accused was 17 years
and 11 months, ran over a 32-year-old marketing executive while driving his father's
Mercedes.
 • Jhabua murder case. On 1-3-2017, the first case after the revised JJ came into force,
two children, aged 17 and 16, were sentenced to life imprisonment. The two defendants
stabbed the deceased (teenager) in a matter of 800 rupees.

COMPARATIVE STUDY OF JUDICIAL JUSTICE SYSTEM IN UK AND

USA
JUVENILE JUSTICE SYSTEM IN U.K.
For the first time in 1908, juvenile courts were established in England under the Juvenile Act
1908. The main task of these courts was to provide adequate care and protection for minors and
juvenile offenders and to take all necessary measures to eliminate all unwanted environments
around criminals and ensure criminal reform by providing education and training.

• The children and Young Offenders Act of 1933 confers civil powers on the juvenile courts in
some important cases to examine the matter. The law also stipulates that any minor and young
person who has committed the crime must be tried only in the juvenile courts. The law also
provides for the establishment of Remand Homes.

England law also came with the new law which also deals with the rights of minors. The Act
came to be known as the Criminal Justice Act of 1948, and it provides a certain kind of security
for juvenile offenders by sending them to preventive detention.

JUVENILE JUSTICE SYSTEM IN U.S.A.

The operation of juvenile courts in the United States is relatively less complex and simpler than
in other countries. The courts of USA follow the informal path in the offender's trial process. In
the first phase, the police officer in charge of the case has complete discretion to keep the minor
in custody of the minor or to release the minor immediately or to warn the offender or to do both.
In the second phase, the police officer must contact the juvenile courts to inform them of the case
and to take matters into their own hands.

Juvenile offenders after the court trial were sent to certified schools or children's homes if the
order was approved by the court. Under the juvenile justice system in the United States, a minor
is tried as an adult only in cases where the minor's age is close to adulthood under the provisions
of the law or any minor who is involved in repeated crimes and that it is a demonstrated danger
for society.
NEED FOR AMENDMENTS IN CRIMINAL JUSTICE SYSTEM
Because of this trend, the legal definition of a child under the Indian legal system has been
questioned. State intervention is needed in terms of changes and introduction of new legal
provisions. The new 2015 juvenile justice law took into account the participation of minors in
atrocious crimes and removed some amendments. Under the new legal provisions, if a child aged
16 and over commits a heinous crime, the Juvenile Justice Council will carry out a preliminary
assessment of their mental and physical maturity. Your maturity level will be adapted to your
ability to commit the crime, your ability to understand the consequences of your crime and the
circumstances in which you allegedly committed the crime.
The juvenile justice bill was presented to the Lok Sabha in 2014, after the post-Nirbhaya case it
was deemed necessary to act against the growing involvement of minors in the 16-18 age group
in atrocious / serious crimes. . Serious crime was not per se included in Indian law, but can be
considered the category of crime that would imply imprisonment for 7 years or more for adults.
The JJ 2000 Act was believed to have implementation problems and the new bill intended to
close these holes.
The bill introduced the concepts of the Hague Convention on the Protection and Cooperation of
Children in International Adoption 1993. It was established under the 2015 bill that the Juvenile
Justice Council will decide whether a juvenile offender in the age group from 16 to 18 years.
years should be treated as adults. Minors who commit heinous crimes such as murder and rape
(which invite punishment of 7 years or older) should be treated as adults. However, if the council
decides, the minor can be sent for rehabilitation.
Previous laws relating to juvenile justice in India have had serious implementation problems: the
bill (which has become a law) sought to simplify the adoption process of orphaned and
abandoned children. Through the 2016 Law, foster care was introduced, according to which
families can take on the responsibilities of minors in conflict with the law, or of orphaned or
abandoned children.
The law required all states in India to establish a juvenile justice committee and a child welfare
committee in each individual district, with at least one female member on board. It also
determined that when a child is found to be committing a crime, it will first be sent to you for a
preliminary assessment of the child's ability to commit a crime.
The JJ Law paid much attention to preventive measures in the control of juvenile delinquency.
Given the weakening of family and community control over individual members, the Act
emphasized the role of the family in controlling juvenile delinquency. The family is the most
fundamental structural and functional unit of society. According to the law, the family plays a
crucial role in the care, care and protection of children. Therefore, children are educated to
become responsible members of society. The family keeps children away from bad habits, such
as substance abuse, pornography, etc.
CONCLUSION

The 2016 Juvenile Justice Act can be seen as a very progressive step by the Indian government to
keep pace with the evolution of trends in juvenile crime. The courageous adoption of the law on
the treatment of minors has pleaded guilty to having committed a heinous crime as an adult,
subject to the observations of the Juvenile Justice Council. The Justice Verma committee took a
position against reducing the age of minors in conflict with the law. The report noted that "Any
attempt to reduce the age of youth or to exclude certain children from the scope of the Juvenile
Justice (Child Care and Protection) Act of 2000 based on the nature of the crime and age will
violate the rights issued under the Constitution and international instruments, the United Nations
Convention on the Rights of the Child (UNCRC). "

But the Indian Supreme Court has opposed the Committee's suggestions and warnings. It has
been argued that the age of 18 was set due to the psychologists' expert notion that children /
youth up to this age are malleable and can be reformed through redemption and recovery
techniques. It was later argued that putting them with adult criminals would socialize them again
in the crime world and turn them into criminal criminals. Indian courts take this fact into account
when dealing with criminals who are not habitual criminals. Judges don't want to load jails with
criminals.

However, when analyzing the latest trends in juvenile delinquency in India, in relation to the age
model and the nature of the crimes committed, it seems that we should review and modify our
juvenile justice policy (2014). The same kinds of trends appeared in the United States and the
United Kingdom, with an increase in heinous crimes committed by young people in the age
group of 16 to 18 years. The United States has undergone a shift in its juvenile justice policy,
from reparative methods to payment methods. The same also applies to the United Kingdom.
Here, a person under the age of 18 is normally tried by the juvenile court, but in the case of a
serious crime, the case can be transferred to the Crown court.
In India, criminal trends show that existing laws (before 2016) were not proving to be dissuasive.
Children's constant exposure to violence and a lack of understanding of the consequences of the
crime committed makes them more prone to criminal trends. The problem is exacerbated in the
absence of some adults in the role of responsible tutors to give them and help them filter the
information that reaches them through various sources.
Faced with the rapid pace of industrialization and globalization, self-control and parental control
that were previously sufficient to prevent people from committing crimes has weakened. The
primary socialization that has worked through groups like family, peer groups, traditional
neighborhood ties, close family circles is fast becoming ineffective in Indian society.
All of this has led to current trends in juvenile delinquency. It should be noted that the legal
subsystem is part of the broader social system. Any change in the larger whole, that is, society,
requires changes in the constituent parts or in the smaller subsystems. Therefore, when changes
occur in society at a rapid rate, the legal system must be synchronized with society. The Juvenile
Justice (Care and Protection) Act of 2015 brought these changes.

SUGGESTION
Some suggestions can be made to tackle the problem of juvenile delinquency in India. Although
the Indian government has made great efforts to address the problem and has taken bold and
progressive steps in this direction, more effective measures are needed regarding
implementation. It was found that, although various provisions for juvenile justice have been
established, they have been correctly followed. For example, members of the Juvenile Justice
Council must be trained in child psychology and must be aware of children's problems, most
often they are incompetent in this area.
There are provisions for the special police unit to deal with minors at each police station. In fact,
these special units are not functional. So when there are juvenile delinquency cases or when
neglected children are brought to the police, the police department cannot handle the cases as
expected. Police personnel are not very sensitive to problems that arise.
It is suggested that firm steps be taken to effectively implement juvenile delinquency laws in
order to address the problem comprehensively. It is also important to control the operation of the
observation and reception houses. These special places intended for youth / child reform often
become a breeding ground for new crimes. Rather than effectively managing the problem and
advising prisoners, these places create an atmosphere of youth socialization in the criminal /
delinquent world. Requests for detainees from observation houses abandoned for serious crimes
are quite numerous. For reform and rehabilitation measures, it is important that the situation is
handled in a very sensitive manner.
Community involvement and awareness of juvenile delinquency issues are very important. In the
administration of juvenile justice, preventive measures are very important. Therefore, if people in
society are sensitized to the problems of neglected children and children living in a difficult
situation, they can play an important role in rehabilitation. Some informal agencies, such as
residential associations registered in different areas, can participate in reports of minors who
indulge in deviant behaviour or whose behaviour cannot be effectively controlled by parents. In
this document it has been previously reflected that families are important agents of social control
and socialization. Therefore, families, together with other primary groups in society, can
participate more effectively in preventive measures.
REFERENCES
• https://www.scconline.com/blog/post/2018/01/31/adult-time-adult-crime-
road-juvenile-justice/
• https://blog.ipleaders.in/juvenile-justice-system-india/amp/
• https://m.timesofindia.com/india/pradhyumn-case-juvenile-to-be-treated-as-
adult/amp_articleshow/62180877.cms
• http://www.legalservicesindia.com/article/juvenile-laws.htm
• http://www.legalservicesindia.com/article/626/Juvenile-delinquency.html
• https://youthaction.in/2016/09/juvenile-crimes-in-india/