Juvenile Justice System in India
Juvenile Justice System in India
1. Meaning of Juvenile / Child
Juvenile = a child in conflict with law.
Child under Juvenile Justice (Care and Protection of Children) Act, 2015 = any person below 18 years of age.
2. Historical Background
Children Act, 1960 → first attempt to deal with neglected and delinquent children.
Juvenile Justice Act, 1986 → uniform law across India.
Juvenile Justice (Care and Protection of Children) Act, 2000 → in line with UNCRC (Convention on Rights of the Child, 1989).
Juvenile Justice (Care and Protection of Children) Act, 2015 → current law, passed after the 2012 Delhi gang-rape case, allowing trial of children (16–18 years) as adults in heinous offences.
3. Categories under JJ Act, 2015
Child in conflict with law → child accused of committing offence.
Child in need of care and protection → orphan, abused, abandoned, or at risk child.
4. Juvenile Justice Board (JJB)
Deals with children in conflict with law.
Composition:
1 Metropolitan Magistrate / Judicial Magistrate (with child psychology knowledge).
2 social workers (at least 1 woman).
Functions:
Inquiry into offences by juveniles.
Ensure legal aid and counselling.
Pass rehabilitation orders.
5. Child Welfare Committee (CWC)
Deals with children in need of care and protection.
Composition: 1 Chairperson + 4 members (at least 1 woman, 1 expert in child welfare).
Powers:
Declare child legally free for adoption.
Place child in child care institutions or foster care.
6. Trial and Sentencing of Juveniles
General Rule: No child below 18 years can be sentenced to death or life imprisonment without remission (Article 21 & JJ Act).
Children below 16 years: Cannot be tried as adults.
Children 16–18 years:
If offence is heinous (punishable with 7+ years imprisonment), JJB can decide to transfer case to Children’s Court (trial as adult).
Otherwise, rehabilitative measures (counselling, community service, stay in special home max 3 years).
7. Institutions under JJ Act
Observation Homes → temporary reception of children during inquiry.
Special Homes → rehabilitation after finding guilt.
Children Homes → for children in need of care.
Open Shelters → short-term shelter.
After-care Homes → rehabilitation of children after 18 years.
8. Adoption Provisions (JJ Act, 2015)
Recognizes adoption as a legal way to rehabilitate children.
Central Adoption Resource Authority (CARA) is the nodal body.
9. Important Case Laws
Pratap Singh v. State of Jharkhand (2005)
Juvenility is determined based on age at the time of offence, not at the time of trial.
Sheela Barse v. Union of India (1986)
SC directed establishment of Juvenile Courts and emphasized speedy trial for juveniles.
Salil Bali v. Union of India (2013)
SC upheld constitutional validity of treating juveniles below 18 differently, even in heinous crimes.
Mukesh v. State (2017 Delhi gang rape case)
The juvenile offender (below 18) was sent to a reform home for 3 years, leading to debate and amendment in 2015 Act.
10. Summary Table
| Aspect | JJ Act, 2000 | JJ Act, 2015 |
|---|---|---|
| Age of Juvenile | Below 18 years | Same |
| Trial as Adult | Not allowed | Allowed for 16–18 yrs in heinous crimes |
| Institutions | Observation & Special Homes | Added foster care, after-care homes, open shelters |
| Adoption | Less streamlined | Clear provisions, CARA as authority |
| Focus | Reformation & Rehabilitation | Reformation + Accountability for heinous offences |
✅ In short: The Juvenile Justice System in India focuses on reformation, rehabilitation, and reintegration of children into society, balancing compassion with accountability (especially for heinous crimes).
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