A "child in conflict with the law" refers to a child who is alleged or found to have committed an

offense, and therefore comes into contact with the criminal justice system. The approach to dealing
with children in conflict with the law is often distinct from that for adult offenders, recognizing the
vulnerability and special needs of children. Key principles guiding the treatment of such children
include:

1. Best Interests of the Child: The best interests of the child are a primary consideration in all actions
concerning a child in conflict with the law. This principle is enshrined in international conventions,
such as the United Nations Convention on the Rights of the Child (CRC).
2. Non-punitive Measures: The focus is on rehabilitation and reintegration rather than punishment.
Measures taken should aim at the child's social reintegration and should avoid institutionalization
whenever possible.
3. Juvenile Justice System: Many jurisdictions have a separate juvenile justice system with specialized
procedures and facilities for dealing with children. The goal is to provide a system that is less
adversarial, more focused on rehabilitation, and considers the age and maturity of the child.
4. Diversion Programs: Instead of formal court proceedings, diversion programs may be implemented
to channel the child away from the formal justice system. These programs often involve community-
based interventions, counseling, or educational measures.
5. Age-Appropriate Legal Procedures: Legal procedures involving children are expected to be
adapted to their age and level of understanding. This may involve the presence of a guardian, the
use of child-friendly language, and ensuring the child's right to participate in decisions affecting
them.
6. Preventing Unnecessary Detention: Detention is considered a measure of last resort and for the
shortest possible period. Alternatives such as community service, probation, or counseling are
preferred whenever appropriate.
7. Rehabilitation and Education: The emphasis is on addressing the underlying factors contributing to
the child's involvement in criminal behavior. Education, counseling, and other rehabilitative measures
are often central components of interventions.

The CRC and other international instruments provide a framework for the protection of the rights of
children in conflict with the law. Additionally, many countries have domestic laws and policies that
align with these international standards. The objective is to ensure that children in conflict with the
law are treated with dignity and respect, and that their rights to development, protection, and
participation are upheld throughout the legal process.

INTRODUCTION –

The Juvenile Justice (Care and Protection of Children) Act, 2015, which
was enacted by the Government of India, adopts a child-friendly
approach to provide for the proper care, protection, development,
treatment, and social re-integration of children in challenging situations.
“Children in Conflict with the Law” refers to anyone under the age of 18
who interacts with the legal system after being suspected or charged
with committing a crime. When a youngster engages in minor offences
like loitering, begging, or drinking, as well as more serious or horrific
ones like rape or murder, they may run afoul of the law.

KEYWORD-

Children, protection, justices, offences, crime.

JUVENILE JUSTICES BOARD –

The Latin term juvenis, which meaning young, is where the word
juvenile first appeared. Juvenile justice is thus a juvenile justice system.
In India, dealing with juveniles is dealt with through a separate justice
system. It is believed that when juveniles are subjected to the same legal
system or process as adult offenders, the children themselves may
become victims of the system.

A Chief Judicial Magistrate or Metropolitan Magistrate (with at least

three years of experience) and two social workers make up the juvenile
justice board, with the requirement that at least one of them be a woman.
Every stage of the way, the Board makes sure to tell the juvenile’s
guardians or parents. Additionally, they make sure that all of a child’s
rights are upheld and that children can access legal aid through
organisations that provide legal services. In other words, JJB is vital to
safeguarding, overseeing, and managing each step of the process of
looking into a young person who has broken the law.

TYPES OF TRIAL –

Under the JJB Act of 2015, numerous categories of offences committed by

children in violation of the law have been specified as follows:

1. Petty offences
2. Serious offences
3. Heinous offences
Petty offences-

Petty offences are those for which the Indian Penal Code or any other
currently in force law allows for a maximum sentence of three years in
jail.

Serious offences-

Serious offences are those for which the Indian Penal Code or any other
currently in effect statute imposes a sentence of imprisonment between
three and seven years.

Heinous offences-

The most heinous crimes committed by children in violation of the law

include those for which the Indian Penal Code or any other currently in
force statute specifies a minimum sentence of seven years or more in jail.

Howard Becker divided adolescent delinquency into four categories in

1966-

1. Individual delinquency
2. Group supported delinquency
3. Organised delinquency
4. Situational delinquency

Individual delinquency-

Individual offences committed by minors come under this category.

According to psychologists, it mainly arises from dysfunctional familial
relationship patterns.

Group supported delinquency-

They primarily have sociocultural origins. These crimes are committed

by children in groups. These come from learned habits from associates
rather than from own psychology.
Organised delinquency-

If they are committed by organised groups that are bound by group

rules, these offences are more serious in nature. Complex centralised
businesses engage in criminal activity like theft and fraud.

Situational delinquency-

Such criminality is not mentally based; instead, it is the outcome of poor

impulse control.

CONFLICT BETWEEN CHILD RIGHTS AND THE LAW-

 Except in cases where the consequences of release would be more

severe than detention, every child has the ability to post bail.
 They are protected from being “arrested” by law. When a minor
suspect is detained by the police, he is not held in the same facility
as adult offenders.
 The juvenile police unit or a child welfare police officer receives
custody of the youngster. Not even handcuffs are on him. The
parents are notified right away.
 The police only note the complaint in the General Diary and do not
file a formal police report (FIR) unless the youngster commits a
terrible crime or any other crime in the company of adults.
 His identity is kept private to avoid the kid being stigmatised. The
2015 Act prohibits future opportunities from being denied to youth
who have committed crimes.
 After they turn eighteen and typically up to the age of twenty-one,
state governments are required to offer juveniles aftercare in
financial or other matters.

THE BOARD’S FUNCTIONS AND RESPONSIBILITIES-

 To guarantee the child’s and the parent’s or guardian’s informed

participation in each and every step of the procedure.
  To guarantee that children’s rights are upheld during the process
of kidnapping, investigation, aftercare, and rehabilitation.
 If the kid is unable to grasp the language being used to progress,
the board shall provide a qualified translator or interpreter.
 To carry out an investigation to determine who is qualified to care
for children who are in violation of the law.
 Passing a final order that resolves the issue and includes a
personalised care plan for the child’s rehabilitation, as well as any
necessary follow-up by the probation officer, the district child
protection unit, or a representative of a non-governmental
organisation.
 To undertake at least one inspection, visit per month at residential
facilities for children in trouble with the law and to make
recommendations for the District Child Protection Unit and the
State Government regarding actions to be taken to improve the
quality of services.
 To direct the police, in response to a complaint, to file a FIR for any
offences committed against any child who was in violation of the
law or who required care and protection under the Act or any
other legislation.
 To make sure the child has access to legal aid.

MEASUREMENT OF AGE-

1. The term “Juvenile in Conflict with Law” refers to those who were
under the age of 18 when the offence was committed.
2. Within a 30-day window, the age determination process must be
finished.
3. The Board determines a person’s juvenility and places them in jail
or an observation home based on their physical appearance and
supporting documentation.
4. The Board uses the matriculation certificate, the date of birth
certificate from the school, and the birth certificate issued by the
 Municipal Authority, Corporation, or Panchayat as proof when
determining an applicant’s age.
5. In the absence of these documents, the Medical Board’s view is
taken into consideration.

ARREST BY POLICE-

When a kid under the age of 18 is the subject of a FIR or complaint, that
youngster will be brought before a juvenile officer or child welfare
officer who is given specific authority under the Juvenile Justice Act.
Then, it will be determined if the minor committed a minor offence or a
severe offence by conducting an investigation. The juvenile justice board
may determine the following penalties for a child in violation of the law
depending on the type of offence:

 Let the child go after giving him or her advice.

 Request that the youngster get counselling and locate his or her
parents.
 Request that the youngster perform volunteer work
 Release the young person on probation in recognition of his
exemplary behaviour.

OBSERVATION FACILITIES FOR YOUNG OFFENDERS-

Children who have been neglected and juvenile offenders are housed in
observation homes while the juvenile court considers their case. They
are stuffed with of services and protection for young offenders. It is a
facility where juvenile offenders can be instilled with moral principles
and positive thoughts in order to prevent them from committing crimes
again. Every district or collection of districts has observation residences,
which are run by the state government. Delinquents are given education
and training at observant homes to ensure their bright future. The
Juvenile Justice and Protection Act of 2015’s Section 47 makes reference
to it.
SPECIALISED FACILITIES FOR YOUNG OFFENDERS-

Every district or collection of districts also has special homes, which are
run by the state government. Rehabilitating young offenders is the
special aim’s primary goal or objective. The special houses that offer
juvenile offenders rehabilitation and socialisation offer a range of
services. Section 48 of the 2015 Juvenile Justice Act makes reference to it.

INDIAN CONSTITUTIONAL LAW, CRIMINAL PROCEDURE

CODE, AND PENAL CODE ALL HAVE PROVISIONS RELATING
TO MINORS-

According to the Juvenile Justice (Care and Protection) Act 2000, a

juvenile is a person who is a minor or, more specifically, who is under
the age of 18. A child’s intellect is capable of understanding many
minute details that adults frequently are unable to comprehend or
recognise. The thinking of an adult and a child differ greatly, and a
youngster’s mind is flexible and productive. As a result of these stark
distinctions, the Indian legal system needs to have particular juvenile
laws.

RULES PERTAINING TO THE INDIAN PENAL CODE OF 1860-

Nothing committed by a person under the age of seven is considered an

offence according to the Indian Penal Code of 1860. ‘Doli Incapax’ is the
name of this tenet. You can find this in Section 82. Nothing committed
by a kid who is older than seven but younger than twelve is considered
a crime under Section 83 of the Indian Penal Code if the child is unable
to understand the nature, conduct, and circumstances of an act. In these
situations, courts frequently utilise a maturity test as a criterion to
determine whether or not a kid can understand the seriousness of an
offence.

Nothing done in good faith or for the benefit of the kid by the direct or
implied approval of his guardians or someone who is legally obligated
to take care of him is a crime, according to Section 89 of the IPC, which
offers protection.

PROVISIONS PERTAINING TO THE 1973 CRIMINAL PROCEDURE

ACT-

The 1973 Criminal Code of Procedure also has numerous rules

pertaining to minors and child safety. A child under the age of sixteen
who commits an offence that is not punishable by death or life in prison
may be tried by a judge no lower than the rank of chief judicial
magistrate first class, by the metropolitan magistrate, or by any court
authorised by the Children’s Act of 1960 or any other law that provides
for the treatment, protection, education, and rehabilitation of children,
according to Section 27 of the Criminal Code of Procedure 1973.

PROVISIONS PERTAINING TO THE INDIAN CONSTITUTION-

Children under the age of eighteen are given particular protections

under the Indian Constitution. According to Indian Constitution Article
21(a). The 86th Amendment to the Indian Constitution from 2002 just
added this Article. It states that all children up to the age of 14 are
entitled to free primary elementary education from the government. All
children under the age of six are required to receive early childhood
care, nutrition, and assistance, according to Article 45. These are a few of
the juvenile or child-related clauses that are listed in the various Indian
Law Acts.

CASE LAW –

STATE OF JAMMU AND KASHMIR VS SHUBAM SANGRA-

The Supreme Court panel provided a response to the query, “Whether

the respondent was a juvenile on the date of commission of the offence?”
in the case of State of Jammu & Kashmir (now U.T. of Jammu &
Kashmir) & Ors. vs. Shubam Sangra. In this case, a Special Medical
Board made up of five doctors was constituted to investigate the
respondent’s claimed juvenile status. Due to a discrepancy between the
respondent’s birth certificate and school record, this Board was
established. According to the Medical Board’s report, the respondent
was not a minor when the crime was committed; as a result, the matter
was returned to the High Court for further action under the heading
“Juvenile to be tried as an adult.”

2016 Mercedes Hit-and-Run Case-

After the Juvenile Justice (Care and Protection of Child) Act’s 2015
revision. In this case, a hit-and-run case involving the death of a
marketing professional who was 32 years old was handled by the Delhi
High Court on behalf of a teenager who was 4 days away from turning
18 years old. The Delhi Court’s ruling was overturned by the Supreme
Court, who also considered the criminal as a minor.

CONCLUSION-

The Juvenile Justice (Care and Protection of Children) Act, 2015 is a

comprehensive and forward-thinking law that specifies how to handle
children who are in need of care and protection as well as those who are
in conflict with the law. The Juvenile Justice (Care and Protection) Act
was passed with the intention of lowering the number of crimes or
offences committed by children between the ages of 16 and 18. Juvenile
misdeeds are becoming more frequently as a result of specific
behavioural changes brought on by parental neglect, lack of education,
and a variety of other factors. The stipulations of the contested
proceedings under the legislation ensure that the children are not
regarded as adults and are instead prosecuted in a manner that is child-
friendly.
A "child in need of care and protection" typically refers to a legal concept that recognizes certain
children as vulnerable and in need of special attention, care, and support due to various
circumstances that may jeopardize their well-being. The specific criteria and procedures for
identifying and addressing children in need of care and protection can vary by jurisdiction, but some
common situations may include:
1. Abuse and Neglect: Children who are subjected to physical, emotional, or sexual abuse, as well as
those experiencing neglect or inadequate care, may be considered in need of care and protection.
2. Abandonment: Children who have been abandoned or left without appropriate care and
supervision may fall under the category of those in need of care and protection.
3. Orphans and Vulnerable Children: Children who have lost their parents or guardians and are left
without proper care or support may be identified as in need of care and protection.
4. Exploitation: Children who are subjected to child labor, trafficking, or any form of exploitation may
be considered as requiring care and protection.
5. Juvenile Offenders: Children who are involved in criminal activities may also be considered in need
of care and protection. The focus is often on rehabilitation and support rather than punitive
measures.
6. Children with Special Needs: Children with physical or mental disabilities or special needs may be
considered in need of care and protection to ensure they receive appropriate support and
accommodations.

The identification and protection of children in need are often governed by laws and regulations that
outline the roles and responsibilities of child protection agencies, social services, and the legal
system. Procedures may involve intervention, temporary or permanent removal from harmful
environments, placement in foster care or institutions, and efforts to reunite families or provide
alternative permanent care solutions through adoption or guardianship.

It is crucial for these interventions to prioritize the best interests of the child and to involve a holistic
approach that addresses the child's physical, emotional, educational, and developmental needs.
Additionally, respecting the rights of the child, as outlined in international human rights instruments,
is fundamental in all actions taken to protect children in need.

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child in conflict with law
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CASE LAWS UNDER JJ ACT[4]

Certainly! Here are a few notable case laws related to the juvenile justice
system in India:

1. Gopalan vs. State of Madras (1950): In this case, the Supreme

Court of India upheld the constitutionality of the Juvenile Justice
Act 1938. It recognized the need for a separate system for dealing
with juvenile offenders and acknowledged the importance of their
reformation and rehabilitation.
 2. Sheela Barse vs. Union of India (1986): This case dealt with the
rights and conditions of juveniles in observation homes and
protective homes. The Supreme Court emphasized the need for
proper facilities, education, and welfare programs for juveniles in
these institutions. It highlighted the importance of a child-centric
approach and protecting the rights and dignity of juveniles.
3. Salil Bali vs. Union of India (2013): This case addressed the issue
of the determination of juvenility. The Supreme Court clarified that
the age of the accused at the time of the commission of the offense
should be considered for determining juvenility rather than the age
at the time of the trial. This decision had significant implications
for the application of the Juvenile Justice Act.
4. Sampurna Behura vs. Union of India (2014): This case dealt with
the constitutional validity of the provision in the Juvenile Justice
Act that allowed for the transfer of a juvenile to the adult criminal
justice system in cases of heinous offenses. The Supreme Court
held that the provision was not in violation of the constitutional
rights of the juvenile and upheld its validity.
5. Jarnail Singh vs. State of Haryana (2013): This case addressed the
issue of sentencing in cases involving juveniles. The Supreme
Court held that in cases where a juvenile is convicted, the focus
should be on reform and rehabilitation rather than retribution. It
emphasized the importance of individualized sentencing and
taking into account the circumstances and prospects of the juvenile
offender.

These are just a few examples of significant case laws related to the
juvenile justice system in India. The judicial interpretation of the law
continues to evolve, and there may be other notable cases that have
emerged since my knowledge cutoff in September 2021.