DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

JUVENILE DELIQUENCY

SUBJECT

SOCIOLOGY

NAME OF THE FACULTY

M. LAKSHMIPATHI RAJU

NAME OF THE CANDIDATE:

T. LAKSHAMAN SRAVAN

ROLL NO &SEMESTER :

2016054 & SEMESTER - I

ACKNOWLEDGEMNT:-

I would like to express my special thanks of gratitude to our lecturer ‘ Mr. Lakshmipathi
Raju’ whom have given me the golden opportunity to do this wonderful project on the topic
'JUVENILE DELIQUENCY’ , which also helped me in doing a lot of research and through
which WE came to know so many new things. I am really thankful to him.
TABLE OF CONTENTS

1. INTRODUCTION
2. HISTORY OF JUVENILE JUSTICE 1986:
3. HISTORY OF JUVENILE JUSTICE 2000
4. HISTORY OF JUVENILE JUSTICE2006
5. OBJECTIVES OF JUVENILE DELEQUENCY
6. CAUSES FOR THE FORMATION OF JUVENILE DELEQUENCY
7. JUVENILE DELIQUENCY IN INDIA
8. JUVENILE DELIQUENCY UNDER INDIAN PINAL CODE
9. JUVENILE JUSTICE IN JUVENILE ACT
10. CASE LAWS.
11. ISSUE OF AGE DETERMINATION
12. DELIQUENCY PROCEEDINGS
13. CONCLUSION.
 JUVELINE DELIQUENCY

RESEARCH PROBLEM: JUVENILE DELINQUENCY

RESEARCH STUDY/ LITERATURE REVIEW:

Juvenile delinquency is also known as “juvenile offending” , is participation in illegal

behaviour by minors (juveniles ,i.e individual younger than the statutory age of majority ).
Most legal systems prescribed specific procedures for dealing with juveniles , such as
juvenile detention centers , and courts .depending on the type Of severity of the offence
committed ,it is possible for the people under 18 to be charged and treated as adults.

RESEARCH DESIGN/ RESEARCH METHODOLOGY: The method of research which

is followed for the project is doctrinal study.

IDENTIFICATION OF VARIABLE: juvenile delinquency is a dependent variable, it

depends on law, and the way of individual behaviour ( i.e thinking).

HYPOTHESIS: Whether the juvenile delinquency is Still required or not will be explained/
discussed by the researcher.
TESTING THE HYPOTHESIS: How law regulates the juvenile delinquency would be
observed by the researcher in the research.

COLLECTION OF DATA: researcher uses secondary sources like books, journals, articles
and also web data base for the research.

ANALYSIS OF THE DATA: From the above research we can come to an analysis that
juvenile delinquency is still needed in the society or not. With reference to the cases which
are filed in juvenile delinquency

CHAPTERIZATION/ CLASSIFICATION OF DATA:

1. INTRODUCTION
2. REVIEW OF LITERATURE (Literature and Existing literature)
3. ANALYSIS OF CASE LAWS (Classification and Tabulation)
4. RESEARCH FINDING AND COCLUSION.
INTRODUCTION:

Juvenile delinquency is nothing but the habitual committing of criminal acts or

offences by a young persons (minors), especially one below the age at which normal
prosecution is possible ( i.e the persons who are below the age to attain majority as per the
law). 1

Now a days for all young people are learning traditions and how to behave
in the society is based on the climate that they are grown in their family and the relationships
in the family, school, and at the work place (depends upon the friends). We called this family
values and relation among them as social values. From these social values and relations
young individuals have to learn how to behave in the society, and in developing countries due
to heavy pressure on young people from the family or from the society for their settlement
but due to development of rapid population growth, the unavailability of jobs and support
services leads to increase in poverty and unemployment among youth. The following are
some of the pressures on the young people

a) Overcrowding of poor in urban areas

b) No proper relation among the family members
c) Lack of availability of proper education

Statistical data in many countries show that juvenile delinquency is largely based on the
thinking of the groups where they are residing and social factors of the area and the behaviour
of the friends and the financial conditions in the family where these juveniles are residing.
The crimes done by the juveniles are done with the help of groups. Even the juveniles who
committed the crime alone is belongs to some group.2

As per the data of Russian federation the crime rate is more than three to four times in
juvenile compare with the adult offenders and crimes committed by the elders.

HISTORY OF JUVENILE JUSTICE 1986:

a) Juvenile justice came into force with the help of Beijing rules 1985
b) As per juvenile justice act the age for boy 16 years and for girl 18.
c) Children was divided into two groups as
1) delinquent juveniles
2) neglected juveniles
d) both categories of children are kept in an observation home together
e) neglected juveniles were deal with juvenile welfare board
f) delinquent juveniles are deal with the juvenile courts
g) neglected juveniles are in the juvenile home
h) Delinquent juveniles are in the special home.3

1
The Bombay Children Act , 1948 , section 4
2
The Uttar Pradesh Children Act. 1951, Section 2(4)
3
The Andhra Pradesh Children Act, 1951, Section 2(d)
 The government of India accepted the united national convention on the rights of
child in 1992 there by to increase the standards of juvenile justice act 1986 with
the standards of united national convention and to amend the juvenile justice act
1986 and changes to be made in order to secure the interest of child and focus on
the child without sending him for judicial proceedings. The juvenile justice act
1986 were cancelled and juvenile justice ( care and protection of children) act 2000
was passed by taking the considerations of united nation convention on the rights
of child
The juvenile justice (care and protection of children) act 2000 was
passed with the following guideline:
a) Standard minimum rules for administration of juvenile justice 1985 (Beijing
rules).
b) The UN guidelines for the prevention of juvenile delinquency called Riyadh
guidelines 1990.
c) United Nations rules for the protection of juveniles and to protect their liberty
1990.

HISTORY OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)

2000:

a) The name of the act is mainly based on the protection to both categories of
children.
b) In juvenile justice act 1986 there was a different ages for boys and girls,
whereas juvenile justice act 2000 no distinguish between the age of boy and
girl, the child whose age is below 18 years should be treated as juvenile.
c) The category of children welfare committee has been expanded to include the
victims of armed conflict, natural calamity, child who also found who are
inducted to drugs and alcohol abuse. 4

HISTORY OF JUVENILE JUSTICE ACT (CARE AND PROTECTION OF

CHILDREN) 2006:

a) The juvenile justice act 2000 was subsequently amended and there after the
juvenile justice act 2006 is treated as principal act.
b) The amendment act brought about 26 new amendments which are in force.
c) The act forms the frame work for the care, protection, treatment, and counselling
the children of both categories.

OBJECTIVES OF JUVENILE JUSTICE ACT:

a) To prepare a legal structure for the juvenile justice system in the country
b) To provide a special approach to the protection and treatment of juveniles
c) To establish norms and standards for administration of juvenile justice.
d) To constitute special offences in relation to juveniles and provide punishment.

4
Saurashtra & West Bengal Children Act.
 e) This act is called as reformatory act deals with two types of categories of
children namely, children in need of care and protection and the children in
conflict with the law.
1) The competent authority to deal with the children who are in need of
care and protection is the child welfare committee
2) Juvenile justice board is the competent authority to deal with the
children who are conflict with law.
f) The act provides for the establishment of various institutions such as
1) Children’s home for the protection of child in need of care and
protection.
2) Special homes for the protection of child who are conflict with the law
3) Observation homes which are for the temporary protection of children
during the trial is going on.
4) After care organisations are meant for the purpose of taking care of
children after they have been discharged from children’s home or
special home. 5

CAUSES FOR THE FORMATION OF JUVENILES:

The force of juvenile offences is generally determined by the social conditions,

economic conditions, and cultural conditions existing in the country. The main reason for
gradually increasing the crime rate in juveniles is based on the decreasing the economic
conditions of the country mainly in poor districts in developed states. In many cases street
children becoming young offenders, because they are grown up in that society due to low
level of education skills and the lack of proper social awareness among their families, and
these are below the poverty line because of the unemployment.

The main reasons for juvenile crimes are found at each level in the society as a
whole, social institutions, social groups and organisations. The following are some of the
important factors.

ECONOMIC AND SOCIAL FACTOR:

Juvenile delinquency is full of negative thoughts relation to the social and

economic development particularly during the economic crisis and political instability.
Socio-economic instability is always related to unemployment and low income among the
youth which can increase the likelihood of involving in criminal activities.6

CULTURAL FACTOR:

In both developed and developing countries the standards of people created by the media
are beyond the capacity of most of the families to achieve their goals. Many people dreamed
to maintain their lifestyle but they cannot afford financially, because all the people will not
able to access the quality education, professional training, satisfactory employment, income

5
Glanville L. Williams , The Criminal Responsibility of Children, Cr.L.R.1954 P.493 at 494
6
lll. Rev, Stat. C. 23; see also Cavan, Juvenile Delinquency,15
and adequate housing. The conflict between their dreams and unable to achieve their goals
due to various reasons and they restricted up to their capacity. A criminal career is attracting
those people in that contradiction. The main reason for juvenile delinquency is excessive
pressure on proposed goals due to various reasons it is not possible to achieve them.

There are many ways in this context not only on the unavailability of legal opportunities
but also the ways to do the access of illegal opportunities. Some of the juveniles are mostly
influenced by the adult criminals. The use of alcohol and illegal drugs by juvenile is one of
the cause of juvenile delinquency, as they are often compelled to commit crimesto obtain the
cash needed to support their substance use.

URBANISATION:

By the geographical analysis suggests that countries with more urbanised population
have higher registration crime rate by compare with the strong rural life styles and
communities. This is the main difference between the social control and social act. Rural
groupings are mainly based on family and the community that control the illegal activities
not to happened in the society.

The on-going process of urbanisation in developing countries is contributing to the

involvement of juvenile at high rate in the criminal behaviour. The main aim of urban
environment is to development the new forms of social behaviour by weakening the primary
social relations and control.

PEER INFLUENCE:

A number of studies showing that juvenile gang members are consider their group
as a family. For adolescents constantly facing violence belonging to a gang can provide
protection with in their neighbourhood. In some areas who are not involving in gang
continuously facing problems in the form of assault, harassment either in the street or at the
school. 7

One of the juvenile from the Russian federation said that he is involving in gang
activities when he was in eight class but he joined in the gang when he was in tenth class
because he is having a girlfriend and he is used to fear for her and this gang provides security
for her.

POVERTY:

Poverty is one of the main reason for the juvenile delinquency, when the
children who are in the poverty had seen the others are enjoying the life with comforts and
better living by seeing those people the desire to live like that is also be started in the people
who are in poverty and that desire leads to development and gave birth to delinquency, theft
and gambling are the starting points of the delinquency, sometime due to increase the poverty
in the family and the needs are difficult to be satisfied by the earnings of the parents then the

7
The Young Delinquent 15 (1925)
children in such a situation may develop the ideas to steal the things of others this may be
habituated and ultimately leads to criminal activities. 8

OFFENDERS AND VICTIMS:

Criminal activity is strong dealt with the victim’s behaviour, where ever
appropriate behaviour may prevent the criminal act or at least reduces its impact, as per
scientific study an individual become a victim is based on the character and behaviour of the
person, a social role and social situation will leads to criminal behaviour. Individual character
refers to family status, financial condition and status of the family. According to the
classification of psychological types there are three types of adolescent victims of violence:
accidental victims, people disposed to become victims and in born victims. Studies shows
that majority of case results body harm, the offender and victim are aware with one another
and may be spouse, relatives, & friends.

The following points are also the some of the reasons for the juvenile delinquency:

a) Running away from the house without permission of the parents

b) Habitual behaviour of the child beyond the control of the parents
c) Spending the time ideally
d) Usage of vulgar language
e) Roaming on roads, markets and various places
f) Visiting gambling centres
g) Committing of sexual offences
h) Theft, robbery, dacoit, etc…
i) Juveniles may do the above activities single or with the help of group beyond their
age limits.
j) The way their friend and neighbours behaviour
k) Relation among the family members.9

JUVENILE DELIQUENCY IN INDIA:

In India facing of juvenile delinquency is not that much problem as the

developed countries are facing. In India the juvenile delinquency is the concept is restricted
to the violation of ordinary penal law of the country till the jurisdiction of juvenile court is
concerned. The present law which governs the juveniles are in the conflict between the law
and children who are in need of care and protection is called juvenile justice act 2000.

8
Juvenile Delinquency 10 (1960)
9
K. Kusum, 'Juvenile Delinquency- A Socio-legal Study'(1979) Published by KLM Book
House, New Delhi.
JUVENILE IN RELATION TO INDIAN PENAL CODE:

As per section -82 of the I.P.C the children whose age is up to 7 years of age is
treated as doli incapx. The children who are below the age of 7 years are not able to think
what is right and what is wrong, and these age group children are not fully matured, and these
children are mainly under the control of family members.

As per English law if the child does not attain maturity of mind the burden of
proof lies with the child to make them liable the child must attain the maturity of mind this is
called as ‘mischievous discretion’. The children of this age has to prove that there was no
maturity when the act committed then they are free from the case.

In the case of R (VS) KRISHNA the child age of 9 years stolen the silver chain
and sold for 5 Anna’s then the lower court gave the judgement that the buyer is to be
convicted and the child was acquitted. The high court in the same case said that child was
wrongfully acquitted with reference to the ‘MALLICK (VS) STATE OF BIHAR. Was held
that a child below the age of 12 years has to be proved before the court that child did not have
enough understanding at the point of time and the child was immature if no sufficient proof is
laid in front of the court to prove that child was immature then the court assume that the child
was accused intended to do what he want to do. in this case the child of 12 years used a sharp
sword in killing a person along with his two brothers and no evidence was there either of the
age or immaturity. So, the court assumes that the child was liable. 10

JUVENILE JUSTICE UNDER JUVENILE ACT:

‘Juvenile’ or child means a person who has not completed eighteen years of
age. The act provides equal age for both boys and girls whereas under the juvenile justice act
1986 there was a difference between the age of boy and girl and this was recently amended as
per this act no juvenile can be sentenced to death or imprisonment by default also as per the
act the juvenile will be sent to home on the basis of good conduct or sent him to a boaster
school.

ISSUES OF AGE DETERMINATION:

As per juvenile justice act age determination is somewhat controversial many

cases were solved by the courts regarding the age determination. As per juvenile justice
legislation in India a juvenile is nothing but the person whose age is below eighteen years.
The children whose age is between 7 to 12 years are sufficiently matured and can understand
the situations going on and the children between 12 to18 years can be treated as a juveniles
under juvenile justice act the children whose age is below 7 years had granted exemption
because of lack of maturity and understanding skills as we discussed above. The objective of
treating the child as adults for their criminal behaviour not to punish them but trying to
change their way of thinking and behaviour.

The two ways to determine the age of accused are

10
Ruth Shonle Cavan Theodore N. Ferdinand, Juvenile Delinquency (III Edition): 27
 1) Documentary evidence
2) Medical evidence.

JAYAMALA (VS) HOME SECRETARY.11

In this case the government of Jammu and Kashmir, the Supreme Court held that the age as
ascertained by the medical evidence is not conclusive proof of age. It is the mere opinion of
the doctor and the age said by the doctor was also not accurate and margin of 2 years could
be on either side. 12

BHOOM RAM (VS) STATE OF U.P.13

In this case the court held that in the case of conflict between the documentary evidence or
medical evidence, the court said that documentary evidence will be taken as conclusive proof
and the documentary evidence is correct. From this we came to conclusion that all it needs to
establish and convince the court that the accused was the juvenile through the documentary
evidence. Now documentary proof is the easiest thing to obtain in our country, in such a case
even if we turn to a medical examination, which is held not to be hundred per cent correct
and this is not taken as conclusive evidence. The Allahabad high court said it own admission
that doctors are not always perfect. 14

ARNIT DAS (VS) STATE OF BIHAR.

In this case it was over ruled held that the date of commission of offence is not considerable
and it is the date of bringing the accused to the court that has been taken into the account.

PRATAP SINGH (VS) STATE OF JHARKHAND.

In this case it was held that and the court had changed that the date of determination of the
age of juvenile is taken into the consideration on the date when he commits offence not on
the date when he produced before the court.

We will see some of the case laws and land mark judgments:

11
AIR 1982 SC 1297
12
Sol Rubin Crime and Juvenile Delinquency (1958).
13
AIR 1989 SC 1329
14
Robert D. Writ and Peter F. Briggs quoted in Ruth Shonle Cavan, Juvenile Delinquency
(3rd Edition).
 THE ANCHORAGE CASE (2011)

WHAT HAPPENED?

In return for the conviction done by the two British Nationals were
sentenced for six years severe imprisonment by the Bombay high court in a paedophilia
(sexual feelings directed towards children) case.

FACTS OF THE CASE:

Two British Nationals named ‘DUNCAN GRANT’ and ‘ALLAN

WATERS’ are running anchorage shelter home in colaba, Mumbai. Where they are sexually
abusing the children for years. In 2011 a N.G.O collected the evidences and filed a case
against the two British Nationals and he also bought the notice to the MS.Maharukh
(Advocate) about the sexual harassment of the two boys at Anchorage Shelter. Adenwalla
who works on the problems of child rights also brought the same to the attention of Bombay
high court. By this time it become public and known to media and the two British Nationals
were escaped. At last those two people were appeared for the trial before the sessions court.

JUDGMENT:

After considering the all facts and evidences and the witness the session court
convicted those two persons under section- 120 B, 107,373 & 377 of Indian penal code and
imposed a imprisonment for 6 years and a fine up to 20000 pounds each.

Those two persons made an appeal to Bombay high court and the high court
gave a surprise judgement that both are acquitted and free from all the charges.

Finally it went to the supreme court and supreme court gave a judgement
given by the sessions court and over ruled the judgement given by the high court of Mumbai.
And those two persons are convicted as paedophiles. At last the Judges said while passing the
judgement ‘a punishment is being given in order to clean the name of India from the group of
sex tourism, and let the paedophiles of throughout the world know that India should not
encourage these type of crimes in future. Children are the gift for humanity, and the sexual
intercourse with children is a heinous crime’.
 THE NIRBHAYA CASE (2012)

WHAT HAPPENED?

4 out of 5 people were received death sentence because of the rape

done by them and as the result of this case the criminal law was amended to meet the present
situations happening in the country.

FACTS OF THE CASE:

A young girl was returning home with a male friend after watching a movie, they
boarded the bus and find out that something is going wrong. There were six people in the bus
along with the driver and they beat the boy with iron rod and he felt unconscious. Those six
people raped the girl at a time and they forcibly kept the iron rod which is of rust into her
vagina and this leads to severe damage of her intestines, and abdomen. At last they throw the
boy and girl out of the bus and they went off. The girl was taken to the hospital and with in
24 hours those six people were arrested and they were went on trial and the girl is suffering
from the injuries.

JUDGMENT:

After considering the all facts and evidences in those six people one was commit
suicide in the jail and the remaining four out of five people were awarded with death penalty
and the remaining one person was sent to reform centre for three years because he was below
the age of 18 years at the time of committing the crime. 15

From the above two cases we can understand the position of

juvenile delinquency is working in India. And now we will see the delinquency proceedings
in India.

DELIQUENCY PROCEEDNGS:

In the case of juveniles if the child is related with many laws along with the
juvenile act, that case is referred to the state attorney general who files a petition before the
juvenile court claiming that the child is a delinquent. A delinquent act refers to the person
who are below the age of 18 years committed the crime done by the adults.

DETENTION: if the police officer or the court believes that child may not appear before
them because of the danger to himself or for the public then that child is taken to the control.
Before the hearing was held.

DETENTION HEARING: children who are taken to the control because of the treat to
himself or to the public by the police should produce that child before the judge after the next
day.

15
Nirbhaya case 2013 sc.
 ADJUDICATION: within 30-60 days court will called for trail and examine the evidences
in this case and the purpose of examining is weather the child committed to the offence and
the evidences produced by the state attorney general and the court will give an opportunity to
produce evidence by the youth will be examined by the court, if the child agrees that he
committed the offence no witnesses are to be called and if the court determines that child
committed offence the court will call for settlement if hearing.

DISPOSITION: the disposition hearing may be held on the same day as the adjudication
takes place are on the some other day on the day of disposition hearing the court will decide
whether the child is delinquent and also decides whether he needs any guidance, treatment or
rehabilitation.16

SUMMARY:

a) There has been observed that increase in violence and heinous crimes among the youth
b) There has been increasing in drug related cases
c) The process of globalisation and the migration of people from rural areas to urban areas
have led to increase the criminal activities.
d) Children and adolescents are committing to crimes by addicting to alcohol and drugs.
And this leads to participation in armed conflicts, human and drug trafficking and
sexual participation.
e) Due to the economic factors and financial position of the family leads to committing
the youth to participate in criminal activities.

16
Don C, Gibbons, Delinquent Behavioural.
CONCLUSION:

After referring the above cases the researcher came to conclusion those
recent years’ children and their problems gathering attention to both government and the
society. But it has been observed that the problems are gradually increasing and never came
to ending. If these problems are not solved as early as possible then the growth of the children
will be difficult and gave a dark future to the country. The amendments that have been raised
should be implemented as early as possible to reduce the juvenile crimes. The various factors
like economic factors, social factors, financial position in the family and other factors are the
basic reasons for the juvenile delinquency needs to be dealt with first stage. Every society
must take care and pay attention towards the children are properly cared and brought into
good behaviour, where they could receive adequate training like education, and proper
guidance for the growing children in order that they may be able to have their good name in
the society and the society accepted the child when they grow up.
REFERENCES

JUVENILE JUSTICE -------------- LEXIS NEXIS.

JUVENILE JUSTICE--------------- NAYAN JOSHI

JUVENILE JUSTICE (CARE AND PROTECTION) ACT 2000

JUVENILE DELIQUENCY --------- K. PADMAJA.