INTERNAL ASSESSMENT

NAME : LAKSHMIPRASAD A N

ROLL NUMBER : 20191BCL0008

SECTION : 02

SUBJECT : CODE OF CRIMINAL PROCEDURE AND

JUVENILE JUSTIC ACT

SUBMITTED TO : PROF. NEHA SINHA

ASSIGNMENT NO : 02

TOPIC : EFFICACY OF JUVENILE JUSTICE SYSTEM

IN INDIA: AN ANALYTICAL APPROACH

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ACKNOWLEDGEMENT

I would like to express my sincere gratitude to my mentor Prof.NEHA SINHA

for guiding me in making this research paper on the topic EFFICACY OF
JUVENILE JUSTICE SYSTEM IN INDIA: AN ANALYTICAL APPROACH
and for providing me the knowledge during my research. It has been privilege to
be her student and this project would not have been practically possible without
her indispensable support. We cherish the motivation that she has brought in me
to work harder and think more vividly. It has been an enlightening experience
under her guidance and I take immense proud in being called her student.

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TABLE OF CONTENTS:

SL PAGE
NO. PARTICULARS NO.
1 Introduction
4

2 Definition of child and youth under the Juvenile

Justice Act, 2015 5

3 Difference between Juvenile and child

6

4 History of Juvenile Justice System in India

6-7

5 Juvenile Justice Act, 2000

7

6 Current Juvenile Justice Program in India

8

7 Juvenile Justice Act, 2015

8

8 Juvenile Justice and the Constitution of India

8-9

9 Conclusion
9

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1. INTRODUCTION
The Latin law best suited to the justice system at Juvenile Justice in India is ‘No
Novi Spectrum’ which means there is nothing new in this world. There has been
a global outcry since ancient times when Juvenile people should be treated
fairly because there is a system of thinking – Young people often have a
tendency to respond with great and long-lasting frustration associated with
aggressive behaviors.

Over the past few years, it has also been observed that crimes committed by
children under 15-16 years have increased dramatically. Typical tendencies or
psychology after criminal commitment or the causes of crime are the early
stages of life, strong manhood, upbringing, economic decline, lack of education,
etc. It is a matter of shame that children under the age of 6-10 these days are
being used as objects for illegal or illegal activities. Since children’s minds are
chaste and deceptive, they can be seduced by small amounts of money.

Prior to the Juvenile Justice Act of 2015, 2000, and 1986, there was the
Children’s Act of 1960 which was intended to give effect to the international
response to the Juvenile Justice case in which they provided the same policy
that protected the interests and rights of the Child.

Former Chief Justice of India, Justice V.K. Krishna Iyer said we need a
disciplinary code because a child is the father of a man and if we neglect the
development of children, then we will be guilty of many mistakes and mistakes
related to leaving our children

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2. DEFINITION OF CHILD AND YOUTH UNDER THE
JUVENILE JUSTICE ACT, 2015
Generally, “child” means a person who has not yet reached the age of 18 and
has not yet developed a sense of right and wrong. Nowadays, the penal code of
many countries has adopted the principle of ‘doli incapax’ which means to
know that an act committed there is a crime. The penal code also states that only
a child between the ages of seven and twelve can be sentenced, provided that
the act they committed is a serious offense and they are knowledgeable and
have sufficient knowledge to understand the consequences of their action.

In terms of section 12 of Section 2 of the Juvenile (Care and Protection) Act,

2015 “child” means a person under the age of eighteen years. The law divides
the word “child” into two categories: –

“A child of lawlessness” and

“A child in need of care and protection”

A child who has committed a crime and is under the age of 18 on the day of the
conviction is called a “criminal child”. The second subsection states “child in
need of care and protection” means an advertisement for a child defined under
Section 14 of the Act.

Children’s Act, 1960: Section 2 (e) of the Act says “child” means a boy under
the age of sixteen years or a girl under the age of eighteen years.

United Nations Convention: The UN Convention on the Rights of the Child,

1989 defines a “child” as a person under the age of eighteen unless a legal
declaration applies to a child, the majority of which is acquired before that.

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3. DIFFERENCES BETWEEN JUVENILE AND CHILD
A person under the age of full legal obligation and responsibility is a minor or a
person under the legal age of eighteen years is minor. A child accused of a
crime is not tried when he or she is older and sent to a child care center and a
child is a person between the ages of sixteen and eighteen. A young person
accused of a crime is a young offender and is being tried as an adult in the
courts.

In a general sense, both words have the same meaning but still, the difference is
at the level of impact in the eyes of the law. Less means young people and
youth and a child shows an immature or sinful person.

4. HISTORY OF JUVENILE JUSTICE SYSTEM IN INDIA

In modern times, a specialized treatment program for juvenile offenders has
begun worldwide, including many developed countries such as the U.K., U.S.A.
The movement dates back to about the 18th century. Prior to this, child
offenders were treated in much the same way as other offenders. And for the
same reason, the General Assembly of the United Nations adopted the
Convention on the Rights of the Child on November 20, 1989. This conference
seeks to protect the interests of child molesters. The agreement states that in
order to protect the social cohesion of the child, there will be no justice and no
court cases. This Agreement guides Indian Law to repeal the Juvenile Justice
Act, 1986 and to enact new legislation. Thus, Indian law came up with a new
act called “The Juvenile Justice (Care and Protection of Children) Act, 2000.

Juvenile Justice, 1986, which repealed the previous Children’s Act, 1960,
intended to provide guidelines contained in the Juvenile Justice Jurisdiction
adopted by the UN in November 1985. The above Act contains 63 Sections, 7
chapters, and extends to it. all over India expected from the Governments of
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Jammu and Kashmir. The main purpose of the Act was to provide for the care
and protection, treatment, development, and rehabilitation of juvenile
delinquency. The main objectives of the Act are:

This act has set the same framework for child justice in the country in a way
that protects the rights and interests of youth.

It talks about equipment and infra – the structure of care, preventive treatment,
development, and rehabilitation of young abusers.

It sets out the basic provisions for the proper administration and justice of
criminal justice in the event of serious crimes committed by child offenders.

5. JUVENILE JUSTICE ACT,2000

The Act was enacted in 2000 with the intention of protecting children. These

proposals were amended twice – first in 2006 and later in 2011. An amendment

was made to address the gaps and gaps in the implementation of this plan.

In addition, the increase in child crime over the years and the horrific incidents

of the “Delhi Gang Rape Case” have forced lawmakers to come up with a law.

What is worse about this Act is that it contains incorrect provisions of the law

and an ineffective youth program and has been a major factor in preventing

child crime in India. This practice was soon replaced by the Child Justice (Care

and Protection) Act, 2015.

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6. CURRENT JUVENILE JUSTICE PROGRAM IN INDIA

Like other countries, India has made legal arrangements that deal mainly with
the rights and protection of child offenders who want to address the problem of
child abuse. The Juvenile Justice System in India is made on the basis of three
main ideas: –

juvenile offenders should not be prosecuted, but should be dealt with in the best
possible way, they should not be punished by the courts but should have the
opportunity to reform

Illegal child prosecution should be based on non-punitive treatment in

communities based on social control organizations e.g. View Homes And
Special Homes.

7. JUVENILE JUSTICE ACT, 2015

The Youth Justice Act of 2015 replaced the Juvenile Justice Act of 2000
because there was a need for a strong and effective justice system that focused
on preventative and transformational challenges. The approach to Juveniles
should be different from that of adults, there was a dispute in Parliament that
Juveniles should be given more space to reform or repair or improve and that
can only happen if there is a special justice system. Thus, the new initiative
namely the Juvenile Justice (Child Care and Protection) Act, 2015 focused on a
friendly judicial and judicial process.

8. JUVENILE JUSTICE AND THE CONSTITUTION OF INDIA

The Constitution of India is regarded as the constitution of India. The
Constitution provides for the rights and duties of citizens. It also provides for
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the provision of state-of-the-art equipment. The Constitution in the third section
provides for the basic rights of its citizens in the same way that in its IV section
provides for the Directive Principles of State Policies (DPSP) which serve as
general guidelines in formulating government policies. The Constitution
provides for certain rights and provisions especially in the welfare of children.
As: –

The right to basic and compulsory primary education for all children under 6 to
14 years of age. (Section 21A)

The right to protection from any dangerous activity under the age of fourteen.
(Article 24)

The right to protection from harm of any kind by an adult. (Section 39 (e)).

The right to protection from human trafficking and to forced labor. (Section 39)

The right to nutrition and a decent standard of living. (Article 47)

Section 15 (3) of the Constitution of India provides for the special powers of the
State to enact any special laws for the upliftment and improvement of children
and women.

9. CONCLUSION
Growing numbers of new crimes in India are related to the issue and need to be
addressed. Although the government has put in place various laws and
regulations to prevent child crime, the current laws do not create barriers for
children and therefore the consequences are not productive and the legal
purpose is not achievable.