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Things You must know about Juvenile justice


Laws relating to juvenile justice are fairly new compared to other criminal and civil legislation in the country. Though the laws are still under construction, their objective is very clear and unambiguous. In this article, we will be discussing the frequently asked questions, historical and recent developments in juvenile laws.

India's greatest asset is its young population that outnumbers the older population, and such a demographic structure is a blessing to any economy. It is the responsibility of the legislature to provide them a non-traumatic environment where they can grow and become responsible citizens, but due to various reasons, children become offenders of the law and often get involved in heinous and petty crimes.

Who are exactly Juveniles?

Section 3 of the Indian Majority Act 1875 states that any person of 18 years and above is a major. The Juvenile Justice Act 1986 defines a juvenile or child as a person who, in the case of a boy, has not completed the age of 16, and in the case of a girl, 18 years of age. However, the above definition was amended by the Juvenile (Care and Protection) Act 2000, defining a child as someone who has not completed the age of 18 years. The new Act eradicated the difference between the age of girls and boys to be called as juveniles. In other words, juveniles are young offenders.

What do you mean by Juvenile Justice?

Juvenile Justice is a system of laws made to protect juveniles and punish those who have violated the law. India has had three legislations on the protection and care of juveniles that prohibit the provision of law. Prior to the present Juvenile Justice Act 2015, we had Acts of 2000 and 1986. There are several international provisions that provide uniform policies to protect the interests and rights of juveniles.

Do juveniles really commit crimes?

Yes, it is difficult to actually frame a correct picture of their crime, but generally, they can be divided into petty and heinous crimes. The crimes reported against them include theft, hit and run, burglary, stalking, cybercrime, murder, attempted murder, rape, illegal use of narcotic substances, and sexual offenses.

According to the Report of NCRB (National Crime Report Bureau), there has been a surge in offenses by juveniles. In 2021, a total of 31,170 cases were reported, which is 4.7% higher than in 2020 when the number of cases was 29,768.

Although a few states have witnessed a downward trend in crime, others are concerned about the rapid increase in cases. Kerala, on one hand, has seen the curve falling down, whereas Uttar Pradesh and New Delhi's graph are showing an upward curve.


Does India have provisions such as foster care as we see in the US?

Section 40 of the JJ Act highlights institutions for rehabilitation and social reintegration for children who are homeless, abandoned, and neglected. The Juvenile Justice Act says foster care shall be provided as temporary shelter. Foster parents are carefully chosen to take care of the child, and they are responsible for the overall development of the child.

Adoption is another institution through which the JJ Act promotes rehabilitation and ensures a safe future for the child. Compared to foster care, adoption is a better mechanism for children who take shelter in orphanages. It is permanent, and adoptive parents are entitled to give legal recognition to the adoptive child.

The law also encourages individuals to opt for sponsorship of children who are in need of such programs. There are various modes of sponsorship available, such as sponsoring a single child or sponsoring a group of children.

Are juvenile inertrogated as adults?

Police often find it necessary to interrogate to find out whether the juvenile in question was involved in the commission of the offense. However, it is important to keep in mind that if a child commits a crime, he/she will be tried under the Juvenile Justice Board. These boards are child-friendly and are not as intimidating as the judicial system for adults. After a crime against a child is reported, the police are the only authority the child gets engaged with. That's why it is mandated under the Juvenile Justice Act 2015 for all Police Stations to have an officer specialized and trained in the protection and care of juveniles because children are sensitive and delicate

In conclusion, juvenile justice laws in India, although relatively new compared to other legal frameworks, play a crucial role in safeguarding the rights and well-being of young offenders. Many amendments through bills and historical judgments have been made in relation this law, Nirbhaya Case highlighted the need to change provisons under the said act though India still have many steps to take in this matter.This article has explored some frequently asked questions and shed light on the historical and recent developments in these laws.





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