A juvenile is a child or young person below the age of 18 who is in conflict with the law. According to the Juvenile Justice (Care and Protection of Children) Act, 2015:

Section 2(35) defines a "juvenile" as a child under 18 years.

Section 2(13) describes a "child in conflict with law" as someone alleged or found to have committed an offense before completing 18 years of age.
 

The Juvenile Justice Act emphasizes care, protection, development, treatment, and social reintegration for juveniles, adopting a child-friendly approach. Unlike adults, juveniles receive less severe punishments due to their lack of awareness of consequences and malicious intent, as supported by the principle of doli incapax ("incapable of committing a crime"). However, many juveniles come from disadvantaged backgrounds, which exposes them to crime. Thus, the government's role becomes vital in ensuring rehabilitation and protection of their rights. The global movement for special treatment of juvenile offenders emerged in the 18th century. Initially, juveniles were treated like adult criminals. This changed with the adoption of the United Nations Convention on the Rights of the Child (1989), which India ratified, leading to the repeal of the Juvenile Justice Act of 1986 and the introduction of the Juvenile Justice (Care and Protection of Children) Act, 2000.
  Juvenile Justice Act, 2000 This Act sought to:

• Establish a uniform framework for juvenile justice across India.
• Provide care, protection, and rehabilitation for juveniles.
• Address cases involving serious crimes with fairness.

The Act's shortcomings, highlighted by the 2012 Nirbhaya case, led to its replacement with the Juvenile Justice Act, 2015.
 

1. Classification of Offenses The Act introduced a critical change by categorizing offenses into three distinct types to better tailor legal responses based on the severity of the crime:
   • Heinous Offenses: These are the most serious crimes, typically those involving physical harm or death, such as murder, rape, and terrorism. The penalty for these offenses is a minimum of seven years' imprisonment.
   • Rationale: By focusing on heinous crimes, the law ensures that the juvenile justice system can deal with grave offenses effectively. For instance, juveniles aged 16 to 18 who commit such crimes may face adult sentencing after a thorough assessment of their mental and emotional maturity.
   • Serious Offenses: These crimes involve significant harm but don't necessarily result in death or extreme injury, such as robbery or assault. The punishment ranges from three to seven years of imprisonment.
   • Rationale: By classifying serious crimes separately, the law ensures that juveniles are not subjected to extreme sentences when they commit offenses that are less severe but still impactful to victims and society.
   • Petty Offenses: These crimes are less severe, often involving minor theft, vandalism, or disorderly behavior. The punishment is usually less than three years in prison.
   • Rationale: For juveniles committing petty offenses, the law focuses more on reformative measures, providing avenues for rehabilitation and growth rather than punishment.
   This categorization reflects the principle of proportionality, ensuring that juveniles receive appropriate treatment based on the nature of the crime committed and their age.
    
2. Rehabilitation and Reintegration The Juvenile Justice Act, 2015 focuses heavily on rehabilitation and reintegration rather than punishment. The law is based on the understanding that juveniles have the potential for reform, and it is the role of the state and society to guide them back onto a better path.
   • Establishment of Juvenile Courts: Specialized courts were established to handle cases involving minors, ensuring that juvenile justice issues are dealt with by experts. These courts aim to create an environment that is more supportive and less intimidating than regular criminal courts, recognizing the vulnerability of children and adolescents.
   • Focus on Education, Adoption, and Skill Development: The Act emphasizes the importance of education, vocational training, and skill development for juveniles. The goal is not just to punish but to rehabilitate them into productive members of society.
   • Adoption: The law aims to streamline the adoption process, ensuring that abandoned or orphaned children are placed in safe, loving environments as quickly as possible. This is achieved through the Central Adoption Resource Authority (CARA), which now has statutory powers to monitor and expedite adoption processes.
   • Skill Development: Juveniles in correctional homes are encouraged to take part in skill development programs that prepare them for a better future, such as vocational training in carpentry, tailoring, or computer skills.
   • Reintegration Programs: Reintegration is not just about physical release; it involves emotional and psychological counseling, education, and vocational training to help the juvenile thrive post-rehabilitation.
      
3. Special Provisions for Child Protection The Act expands the definition of a "child in need of care and protection" to include not just those who are abandoned, but also children who are victims of abuse, trafficking, and exploitation. This broadens the scope of care and intervention for at-risk children, ensuring that the state takes responsibility for the protection and welfare of vulnerable minors.
   • Adoption Procedures: The Act has made adoption procedures faster and more transparent. The formation of Child Welfare Committees (CWCs) ensures that adoption is done with the child's best interests in mind.
   • Child Protection Programs: The Juvenile Justice Act mandates District Magistrates (DMs) to oversee the functioning of child welfare committees at the district level, ensuring that children in distress are quickly identified and supported.
     
      
4. Gender Sensitivity and Inclusivity The gender-sensitive provisions of the Act were a significant leap forward in ensuring that all children, regardless of their gender identity, are given appropriate care and protection.
   • Separate Facilities and Programs for Girls and Gender-Diverse Children: Acknowledging the unique challenges faced by girls and gender-diverse children, the Act mandates that they be provided with separate rehabilitation facilities and programs. These facilities address issues like sexual abuse, gender discrimination, and specific psychological needs.
   • Emphasis on Protecting the Rights of Girls: In light of increasing concerns about the vulnerability of girls, especially in cases of sexual exploitation, the Act emphasizes protection and special treatment for female juveniles.
     
      
5. Case Laws Shaping Juvenile Justice
   • 1. Nirbhaya Gang Rape Case (2012): This brutal gang rape and murder case of a young woman in Delhi brought immense public outrage. One of the accused was a juvenile, aged 17 at the time of the crime. Due to his age, he was tried under the Juvenile Justice Act, 2000, which prescribed a maximum sentence of three years in a juvenile home, despite the severity of the crime.
   • 2. Poona Car Accident Case (2024): In this case, a 17-year-old boy caused the death of two IT engineers and injured several others while driving under the influence of alcohol. He was prosecuted under the Juvenile Justice Act, 2000, and was sent to a reform home for three years.

This case highlighted the need for stricter provisions to address reckless and criminal behavior by juveniles, particularly in cases involving negligence and endangerment to life.

• Under the BNS, 2023:
• Section 304 (Culpable Homicide Not Amounting to Murder) could be invoked for such acts, prescribing imprisonment for up to 10 years or life imprisonment, depending on the circumstances.
• If a juvenile commits such a heinous act, they could face adult sentencing under the Juvenile Justice Act, 2015, following an assessment of their maturity.
   
• Challenges in the Juvenile Justice System:
• Overcrowded Institutions: Juvenile homes are often overcrowded, underfunded, and lack proper infrastructure. This severely limits their ability to provide effective rehabilitation and education. Many facilities are understaffed, leading to a lack of individualized attention for each child.
   
• Recidivism: The lack of post-rehabilitation support is a major issue. Many juveniles re-offend after their release because they lack the necessary psychological, social, and economic support to reintegrate into society successfully. Recidivism rates are high among juveniles who do not have proper rehabilitation programs.
   
• Social Stigma: Even though juvenile records are sealed, the social stigma around juvenile delinquency is difficult to overcome. This stigma prevents successful reintegration into society, as the individuals are often seen as dangerous or irredeemable by the community.
   
• Delayed Justice: Backlogged courts and delays in the legal process leave many juveniles in a state of uncertainty for long periods. This delay in justice can be harmful to their psychological well-being and can complicate the rehabilitation process.
   

• Recent Developments:
  • Increased Powers to District Magistrates: The amendment grants extensive powers to DMs, including the authority to issue adoption orders, aiming to reduce delays in the adoption process.
  • Critique: Concerns have been raised about the potential lack of specialized training for DMs in child psychology and welfare, which could impact the quality of decisions made without adequate judicial oversight.
  • Reclassification of Serious Offenses: Certain offenses previously categorized as serious have been reclassified, affecting the procedures for their trial and the rehabilitation measures applicable to juveniles involved.
  • Critique: This reclassification has sparked debates about the potential for harsher punishments for juveniles and the shift away from a rehabilitative approach.
     
• Relevance of BNS, 2023:
  • Section 302: Mandates the death penalty or life imprisonment for murder.
  • Section 376AB: Prescribes a minimum of 20 years to life imprisonment or death for the rape of girls under 12 years of age.
  • Section 304A: Deals with causing death by negligence, prescribing imprisonment of up to 2 years, ensuring that acts of recklessness are penalized appropriately.
  • These sections reflect a balance between accountability for serious offenses and the rehabilitative focus of juvenile justice.
     
• Impact of Key Cases on Juvenile Justice Reform:
  • The Nirbhaya and Poona car accident cases highlight the limitations of the earlier Juvenile Justice Act. The reforms introduced in 2015 ensured that juveniles involved in heinous crimes could face appropriate penalties while still considering their scope for rehabilitation.
  • The BNS, 2023, strengthens these reforms by integrating stringent punishment for heinous crimes, emphasizing a dual approach:
    • Protecting society from dangerous offenders.
    • Rehabilitating juveniles where possible.

Conclusion
The Juvenile Justice System in India has evolved to balance rehabilitation and accountability. The 2015 Act and the BNS 2023 reflect a progressive approach to addressing juvenile delinquency while ensuring justice. Challenges persist, but ongoing reforms aim to strengthen the system's foundations, emphasizing reform over punishment and aligning with international standards. By fostering a culture of care, protection, and accountability, India's juvenile justice system can ensure brighter futures for its youth.

Written By: Smridhi Sharma

Also Read:

• Juvenile Justice System In India
• Role Of Juvenile Justice System In India
• The Law Related To Juvenile Justice System In India: A Critical Analysis