A short note on reformative theory of punishment in context of juvenile

justice

In progressive states, measures are foreseen for the prevention of habitual offenders. Bortal schools
have been created. Provision is made for a parole system for first offenders. This theory is increasingly
being adopted in the case of juvenile delinquents. The oldest legislation on the subject in India is the
Reform Schools Act of 1890, which aims to prevent depraved children and criminals from becoming
confirmed criminals in the coming years. It applies to children under the age of 15. The Reform
Schools Act has been extensively amended in its application to the various states by the state
legislatures.

The Indian government passed the Juvenile Act in 1960 which applies to Union territories. This Act
was amended in 1978. This amendment expanded the purpose of the Children's Act, 1960.

The Offenders Probation Act of 1958 was passed with a similar object in view. About the Law, the
Supreme Court observed in Rattan Lal v. Punjab state [vi] that the Law is a milestone in the progress of
the modern liberal trend of reform in the field of penology.

In Musa Khan v. State of Maharashtra [vii], the Supreme Court noted that this Law is a piece of social
legislation that aims to reform juvenile delinquents in order to prevent them from becoming hardened
criminals by providing educational and reforming treatment for them by government.

Article 27 of the 1973 Code of Criminal Procedure establishes that any crime that is not punishable by
death or life imprisonment committed by any person who, on the date he appears or appears in court, is
under the age of 16. Judged by the court of a Chief Judicial Magistrate or by any court specially
empowered under the Children's Law, 196 or any other law in force at the time that provides for the
treatment, training and rehabilitation of juvenile offenders.

Section 360 of the 1973 Code of Criminal Procedure empowers the court to order release on probation
for good conduct or after a warning.