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Juvenile Delinquency - Criminology

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“JUVENILE

DELINQUENCY”
INDEX

Introduction
3

Meaning of Juvenile Delinquency


4

Classification of Juvenile Delinquency


5

Theories Of Juvenile Delinquency


9

Causes Of Juvenile Delinquency


11

Remedies For Juvenile Delinquency


16

Juvenile Justice System In India


18

Institutions to Rehabilitate Juvenile


21

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INTRODUCTION

Adolphe Quetelet, a renowned Belgian social statistician once said, “the propensity to crime is at its maximum

at the age when strength and passions have reached their height, yet when reason has not acquired sufficient

control to master their combined influence”.

Harold S Hulbert, a child psychiatrist has quoted that, “Children need love, especially when they do not deserve

it.” The nation’s future citizens deserve compassion and best care. A child is absolutely born innocent but

certain social and environmental factors in a negative aspect diverge their minds towards criminal tendencies,

whose removal might mold them into a person of stature and excellence.

We all know that Children are the assets and wealth of any nation. A healthy environment should be provided to

all children so that they become civilized citizens who are physically fit, socially active and mentally conscious,

equipped with all skills and active participation required by the society. For reducing inequality and ensuring

social justice and equal opportunities for development to all children should be given, which consecutively

would work as an effective measure to prevent children from becoming delinquent in any society. There is a

general attitude towards children to behave obediently, show respect towards others and imbibe a behaviour

having high moral values but due to various circumstances children are being diverted from social and general

command. Recently, juvenile delinquency has become an important aspect of criminology. Juveniles have got

serious forms of delinquent behavior which may hamper the stability and social command of our society. The

deviant behavior of the juveniles has created social disorder and destruction of moral values which is creating

an alarming position in organized society.

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MEANING OF JUVENILE DELINQUENCY

The term juvenile delinquency is heard and used so frequently that it is often assumed that everyone means the

same thing when using it. Yet definitions differ widely in meaning and content. People generally agree that

juvenile delinquency is misbehaviour by children but there is much less agreement on the specifics of what

constitutes misbehaviour or who falls into the category of children. 

In generic terms, juvenile delinquency is deviant child behaviour. When a young person gets involved in a

criminal act, we call him as a juvenile and the crime as juvenile delinquency. Juvenile delinquency could mean

any type of behaviour by those socially defined as juveniles that violate the norms (standards of proper

behaviour) set by the controlling group. 

Etymologically, the term delinquency has been derived from latin word 'delinquer' means 'to omit'. The Romans

used the term to refer to the failure of a person to perform the assigned task or duty. Delinquency is a form of

behaviour or rather misbehaviour or deviation from the generally accepted norms of conduct in the society. It

refers to a large variety of disapproved behaviours of children and adolescents which the society does not

approve of, and for which some kind of admonishment, punishment or corrective measure is justified.

In India, before passing of the Children Act, 1960 there was no consistency regarding age limit of juvenile

delinquent. Bombay Children Act 1948 defined “Child” – “means a boy who has not completed the age of 16

years or girl who has not completed the age of 18 years”.

The U.P. Children Act defined “Child” – “as a person under the age of 16 years”. Under the A.P. Children Act

1920 “Child” means “a person under 14 years and when used to reference to send to certified school applies to

that child during while period of detention notwithstanding that the child attains the age of 14 years before

expiration of that period”.

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The Saurashtra and West Bengal defines “a Child as a person who has not attained the age of 18 years”.

Haryana Children Act has also maintained this difference in defining “child as a boy who has not attained the

age of 16 years and a girl who has not attained age of 18 years”.

Juvenile Justice Act, 1986 defines “a juvenile or child, who in case of a boy has not completed age of 16 years

and in case of a girl 18 years of age”.

Government of India while discharging its international obligations revoked the JJA Act, 1986 by 2000 Act and

the distinction regarding the age between male and female juveniles was done away. According to the new law,

age of juvenile for both male and female involved in conflict with law has been fixed at 18 years. A juvenile in

conflict with law under the JJ (C & P) Act, 2000 is “a juvenile who is alleged to have committed an offence but

has not completed 18 years of age on the date of commission of said offence”.

And under the Juvenile Justice (Care and Protection) Act 2015 juvenile defined under section.2 (35), “juvenile

means a child below the age of eighteen years”. 

CLASSIFICATION OF JUVENILE DELINQUENCY

We cannot easily evaluate the extent of the problem in any part of the country till we do not have the exact data

and the data recorded also does not indicate the true extent of the problem because majority of such delinquent

acts go unnoticed or unreported in our records. It has also been stated that delinquency rates are also higher in

all developed countries. 

Various classifications of the juvenile delinquency have been enumerated by various authors. The following

important classifications are listed below. Hirsh characterize the various kinds of juvenile crimes/offences: 

 Absentee, either from home or school. 

 Out of the home in late nights, disrespect of parents, and so on.

  Damage done to both public and private property. 

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 Violence created in the society by using any means such as knives

and guns. 

 Sex offenses and activity like criminal assault and rape.

Eaton and Polk classify the delinquents by the various kinds of offences such as: 

 Traffic violations which include driving without license, drunk driving and any other such offence.

 Automobile theft, uncontrollable behaviour and some minor traffic violations.

 Human addiction such as alcohol and drug addiction

 Violations related to property which includes all property thefts.

 Bodily hurt which includes homicide offenses that involve sexual deviation; such as rape and all other

acts of violence against a person. 

Kvaraceus classify juvenile who become delinquent in relation to three major variables: 

 The individual social class

 The degree of comprehensible emotional pathology.

 The extent to which the offenders engage themselves in delinquent behaviour.

Sellin and Wolfgang classified the delinquent behaviour into two classes on the basis of kinds of offence. 

Under the class one list they included: 

 Damages to property;

 Theft of property; and

 Physical and bodily injuries.


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Under the class second, they include: 

 Coercion.

 Property loss and property damage threatened.

 Victimization committed against any person.

 Victimization committed against a commercial establishment.

 Victimization which involve two individuals such as rape.

 No victimization which includes truancy.

Ferdinand presented two categories of juvenile offenders: 

(1) Neurotic Offenders 

Neurotic offender delinquency is due to influential unconscious impulses which often produces guilt and

motivates them to indulge into delinquent activities in their society. For example, sometime stealing is done to

fulfill their partners wishes and not for personal material gain. To these delinquents, their internal problems

should be handled by externalizing the problem within the surroundings. 

(2) Character Disorder Offenders 

This category of offenders often feels very guilty and regret when they commit petty criminal acts. Because

there is lack of positive identification models in their surroundings, they failed to develop willpower and do

what they want to do when they get the chance of doing it. They are incapable to control their impulses in a

socially acceptable manner. These delinquents belong to disorganized families and they had got inhospitable

environment in their early days. These delinquents are self-centered and feel to be unapproachable and they also

feel difficulty in making meaningful relationships. 

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Trojanovicz classified juvenile offenders in the following five categories: 

 Gang Organized Delinquency

According to this classification youngster formed groups and do their illegal activities within a group.

These juveniles often suffer from the frustration of inability to achieve goals of middle class and come

from backward areas and often express themselves and try to achieve their objectives through their gang.

 Unsocialized Delinquents

Delinquents classified in that category would have criminal records and generally come from the homes

where they were neglected and rejected. Families of these children are prone to physical violence. They

had seen hate and aggression within the homes and families; it often transmitted to the theses children

and by the time they become very aggressive. These delinquents do not be taught how to control their

impulses in a socially acceptable manner.

 Accidental Delinquency

In this category delinquents would be one who is law-abiding most of the time but who has a lapse of

judgment. They involve himself accidentally in a delinquent activity. These delinquents are a problem to

any one because their delinquent behaviour comes to an end when he realizes what he has done or when

they have been caught in the delinquent activity.

 Occasional Offender

The occasional offender/delinquent is parallel to the accidental delinquent in that they become indulged

in minor offenses but they are not habitual.

 Professional Delinquency

In this category delinquent usually steals things for getting some profits. They have done stealing for

economic gain and to satisfy their desire.

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THEORIES OF JUVENILE DELINQUENCY

There are a plethora of theories of juvenile delinquency that have been put forward ever since the classical

period.

The earliest theories of. a prescientific nature, developed to explain norm-violating behaviour were not

distinguishing between adult and juvenile offenders. The factors used to explain adult crime were also applied

to youths. In addition, those theories were not developed from scientific observation but were based on the

moralist ideologies present in the society. Della porte Lavater, Gall, Spurzheim, Quetelet, Lacassagne,

Kropotkin etc. were the leaders. 

The major recent sociological theories of juvenile delinquency have been put forward by Merton, Albert Cohen,

Cloward & Ohlin, George Herbert Mead, Fraderick Thrasher, Sykes & Matza, Cyril Burt, Marwell, Edwin

Lemert etc. 

Merton's (1938) anomie (i.e. normlessness) theory states that crime is the result of strains caused by disjunction

between cultural goals and structural means. Strains or frustrations are produced, norms are breakdown and

deviant behaviour results. Actually, Merton took the concept of anomie from Emile Durkheim who revived the

old term for his own purposes in 1893 and used the concept especially in his sociological study and suicide

rates.

Albert K. Cohens (1955) measuring rod theory of delinquent gang-boys states that the delinquent subculture

takes its norms from the larger subculture but turns them upside down. The delinquents conduct is right by the

standards of his subculture precisely because it is wrong by the norms of the larger culture. In the gang, the

norms of the larger society are reversed so that non-utilitarian, deviant or delinquent behaviour is the preferred

mode. 

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Cloward and Ohlin's (1960) differential opportunity structure theory includes three types of illegal opportunity

available to lower class juveniles criminal gang, conflict gang and retreatist or drug oriented gang lower class

youth experience intense frustrations, which fact results in their non-conformist and illegitimate alternatives.

This theory is difficult to test and evaluate empirically. 

George Herbert Mead's (1918) theory of self explains why only a limited people become law breakers?

Becoming a delinquent and assuming a criminal identity, involves more than merely associating with law

violators, such association requires to be meaningful to the individual and supportive of the role and self-

concept that he wants to be committed to. 

Frederick Thrasher's (1927) gang theory states that juvenile delinquency is a subculture within the lower class,

passed on from on generation to another through a constantly replenished series of age graded gangs. Thrasher

said that a gang originates during the adolescent years from spontaneous play groups and conflict with other

groups, transforms it into a gang for protecting its member's rights and satisfying the needs which their

environment and their family could not provide. 

Gresham Sykes and David Matza (1964) in the theory of drift stated that man is neither totally free no is he

totally constrained. Drift stands midway between freedom and control. A youngster drifts between criminal and

conventional action. 

Cyril Burt (1938) in his book, The Young Delinquent, stated that the causes of juvenile delinquency could not

be located in a single factor or even in a single discipline. He attributed delinquency to a multiplicity of diverse

factors such as conspicuous influences, cooperative factors, minor factors and in operative factors. During

Burt’s time, poverty was a popular factor for explaining delinquency. 

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Marwell Gerald’s(1969)lack of power theory hypothesized that some delinquency may stem from the

adolescent’s lack of power. Children have little personal power of their own, outside their peer groups.

Delinquency is an attempt by adolescents to augment their personal power by manipulation of their situation.

Specifically, classic delinquent acts may be interpreted as attempts to accrue power in relationships among

peers. 

Edwin Lemert’s (1967) labelling theory states that acts are not in and of themselves delinquent. Instead, acts

acquire delinquent character by society’s conception of them. Because societies change, ideas of what is deviant

also change. When a juvenile is detected, labelled and treated as a juvenile, his self-concept is changed and

resultantly he becomes committed to additional and more serious delinquency. 

All these theories have their strengths and their weaknesses. After an examination of various theories, it seems

that it is a complex and perplexing phenomenon that eludes simple explanations. The whole material available

on this topic has become helpful in explaining and providing direction for prevention or reduction of some types

of delinquency, but has not provided definite answers to the problem.

CAUSES OF JUVENILE DELINQUENCY

Juvenile Delinquency has become a global phenomenon in modern times. Despite intensive rehabilitative

measures and special procedure for tackling the problem of juvenile delinquency, there is a growing tendency

among youngsters to be arrogant, violent and disobedient to law with the result there has been considerable rise

in the incidence of juvenile delinquency. The main causes for this unprecedented increase in juvenile

delinquency are as follows:-

Broken Homes: British and American investigations reveal that nearly 50% of the delinquents come from

broken homes. In one of the studies conducted by Uday Shankar in India only 13.3% of the 140 delinquents that
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he studied came from broken homes- (1-34). This shows the cultural differences between Indian and the

Western countries. Still it can be said that broken homes and families, lack of parental affection and security,

absence of a loving mother in the childhood or an affectionate mother substitute, lack of family ties, parental

irresponsibility and a steep rate in divorce, desertion and separation are all contributory factors to delinquency. 

The home may be broken up by death of one or both of the parents or by prolonged illness or insanity, desertion

or divorce. Interaction in home is a very important means for socializing the child. The mother plays vital role

in this regard. If she divorces her husband or deserts him or dies, the growth of the child will be affected. Such a

child loses not only mother's love but also parental control and becomes an easy victim to the outside anti-

societal influence. It cannot, however, be said that broken home invariably leads to delinquent behavior on the

part of children. 

Poverty: A very large proportion of delinquent children come from poor homes. It is generally, although not

accepted by professional students of juvenile delinquency, the vast majority of delinquents come from the lower

class. They commit their offences as member of gangs. Uday Shankar's study has revealed that as many as 83%

of the children come from poor families still it cannot be generalized that the children of the poor homes

invariably become delinquents. Poverty compels sometimes both of the parents to be outside the home for a

very long period to earn their daily bread. The children will be uncared for. Such children may consciously or

unconsciously join hands with gangsters and become delinquents. This mostly happens in slum areas and areas

in which mostly working-class people live. 

Delinquency Areas: It is said that some areas are highly vulnerable to delinquent trends. Several studies have

showed that there are certain underclass areas in metropolitan cities from where the majority of delinquent

children come. The delinquents mostly come from the areas of poor housing, overcrowding and the areas in

which cinema houses, hotels, night clubs, liquor shops are found in a large number. It is true that when a family

is living in the central business districts or its adjacent locales in towns and cities the chance is greater for the

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children of such families to pick up delinquent behavior. It is to be noted here that not all the children living in

the so called defined delinquent areas are delinquents. 

Companions and Gangs: As the child grows older he or she goes into the neighborhood and becomes a

member of the playgroup or peer group. If by chance he joins the group or the gang that fosters delinquent

attitudes he is also likely to become a delinquent. In fact, much delinquency spring up from the prevalent

attitudes in the groups within which the youth has immediate contacts. That is why it is maintained that

"delinquency is a product of community forces". In cities, particularly in slum areas, very peculiar social groups

called 'gangs' are found. Generally, the gangster is a playgroup. In the absence of playground facilities, the

children will start playing in street and finally organize themselves into gangs. The gang has all the qualities of

an in group such as loyalty, co-operation, social solidarity and unity. These gangs are found to be associated

with crime in all its aspects like delinquency, rioting, corrupt politics, and so on. Children coming from poor

families and broken families easily become the victims of gangs. Due to bad companionship also, offences are

committed by the adolescents. Studies have shown that delinquent acts are done in company. Several surveys

have showed that there were hundreds and thousands of boys involved in crime. It is largely found that in most

such surveys the crime committed was only in group of boys\girls of two or more. In Uday Shankar's study in

India about 23% of persons committed delinquent acts due to bad company. It cannot, however, be presumed

that more companionship by itself causes delinquency. 

Beggary: Beggary is often the cause of juvenile delinquency. Child beggars mostly come from either very poor

families or broken homes. These children are betrayed of the needed love and affection of the parents. They

crave for the satisfaction of their inner impulses, desires and ambitions. They choose to become beggars for the

same. As beggars, they get annoyed to see others enjoying life. Some of them may even become rebels. They

realize that only through deviant practices, they can satisfy their desires and meet their needs. They thus become

delinquents. 

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School Dissatisfaction: Some get dissatisfied with school life. Parental irresponsibility, unmanageable

students- teacher ratio, lack of entertainment and sports facilities in schools, indifference of the teachers may all

contribute to this. Such dissatisfied students become regular absentees in schools and start wandering in streets.

They may even form gangs of their own and become gamblers, eve-teasers, pick-pockets, drunkards, smokers

and drug addicts. 

Mass media: Lopiparo observed that "in view of the fact that a child born today will, by the time he or she is

18, have spent more of his or her life watching TV than in any other activity except sleep, the subject of TV

aggression deserves a long, hard look. Movies, T.V., cheap recreational material, comic books featuring

immortality, smoking, drinking and brutality leave a strong impression on the young minds of the children and

the adolescents. Many a times these media teach the techniques of crime and delinquency. Several children are

arrested for using the same techniques to commit thefts, burglaries and kidnapping. Besides above, chug use,

lack of organisation of leisure time, work environment, modem living, heredity, individual traits such as low

verbal intelligence quotient, low self-control, irritability and many more items are linked with the incidence of

delinquency. Such psycho-sociological investigations have caused the shifting of emphasis from the punishment

of the offender to the examination of the social conditions which have produced his antisocial personality. 

Slums: The slums, generally called as Bustee or Zopad-patties are the greatest disintegrators of the normal life

of children. The parents are absent from houses to earn a living. Lack of playgrounds and recreation, drives the

children to play in the streets, away from all controls, where they learn many acts of delinquency. The slum

areas are the sources from where either the adult criminality or the juvenile delinquency originates to the greater

extent. Migration of deserted and destitute boys to slums bring them in contact with antisocial elements carrying

on prostitution, smuggling of liquor or narcotic drugs and bootlegging. 

Industrialisation & Economic Growth: The Industrial development and economic growth in India has

resulted into urbanization which in turn has given rise to new problems such as housing, slum, dwelling,
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overcrowding, lack of parental control and family disintegration and so on. The high cost of living in urban

areas makes it necessary even for women to take up outdoor jobs for supporting their family financially, with

the result their children are left neglected at home without any parental control. Moreover, temptation for

modern luxuries of life lures youngsters to resort to wrongful means to satisfy their wants. All these factors

cumulatively lead to an enormous increase in juvenile delinquency in urban areas. It has rightly been

commented that today “there is no crime but there are only criminals in the modern sense of penology”. It is

therefore desired that the society be protected from offenders by eliminating situations which are conducive to

delinquency.

Mental troubles and emotional maladjustments are strong factors in delinquency. Emotional problems of

inferiority, jealous and being thwarted are very common among the delinquent children. Healy and Bronner in

the study of 143 delinquents found that 92% of the delinquent studied revealed emotional disturbance. It is

reported that in America about two- thirds of juvenile delinquents suffer from emotional, personality and mental

deviations. Thus, from the psychological point of view "Delinquency is a rebellion and an expression of

aggression which is aimed at destroying breaking down or changing the environment". This rebellion is mostly

against the social conditions which deny the individual his basic rights and the satisfaction of his fundamental

needs. Thus, delinquents are not born so, but they become so due to social circumstances and personal

deficiencies. They are mostly maladjusted person. 

According to psychoanalytic view, the delinquent is an individual who is governed by the "pleasure principle".

He wants to get immediate pleasure and immediate satisfaction for his needs. So, he becomes a victim to his

own impulses. He is neither able to control his impulses nor able to imagine to think the consequence of his

action. It is also said that delinquent breakdown is an escape from emotional situation for some particular

individuals with peculiar individual and family background. Some emotionally maladjusted children become

delinquents to get the attention of their parents or as a protest against their treatment.

15
Thus, it may be said that juvenile delinquency is the result of both social or environmental and personal or

individual factors of causation of it.

The above-mentioned factors of causation of delinquency have become common aspects in crime committed by

the children in India. To treat such individuals committing delinquency, there are different methods adopted

while the important ones are from preventive purpose.

REMEDIES FOR JUVENILE DELINQUENCY

The problem of juvenile delinquency is one that has drawn the attention of Indian society also. It is known that

the delinquent child today may turn out to be a chronic criminal tomorrow. Discussions, debates and studies

have been made at the national as well as international levels by scholars to seek out effective remedy for this

problem. Two methods have been suggested to deal with this problem: (A) preventive method, and (B)

rehabilitative or curative method. In the former, factors leading to delinquency, delinquent children are to be

helped to become normal citizens. 

In order to prevent juvenile delinquency from its occurrence the following measures have been suggested: 

1. Creating and inspiring a team of work of private and public agencies devoted to preventive work. 

2. Giving proper training to the members and staff of all organizations concerned with delinquency control.

3. Establishing child guidance clinics to give appropriate treatment to the disturbed and mal-adjusted

children. 

4. Educating of the family so as to help the parents to realize the importance of giving proper attention to

the needs of their young children.

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5. Establishing wholesome recreational agencies to prevent young children from becoming the victims of

illicit or unwholesome recreation. 

6. Giving proper assistance to under-privileged children to build in them good character and law-abiding

attitude. 

7. Adopting various means of propaganda such as radio, movies, television, newspapers, magazines, etc.,

to realize the importance of law abiding-ness and how it is always appreciated and rewarded.

Improving the social environment -slum areas, busy market places, gambling centers, etc., to prevent

children to get polluted. 

8. Spotting potential delinquents by predictive tests in schools and giving appropriated treatment to such

children. 

9. The problem of beggary and poverty are to be removed or controlled and the general economic

standards of the people must be increased to prevent children from becoming- delinquent due to

economic exigencies. 

10. Making concrete legislations with the aim to curb Juvenile Delinquency rates.

The children who become criminal for whatever reason better known and whatever conditions under which they

committed crime need to be rehabilitated. Punishment is no measure and legally too it is not allowed. A suitable

way(s) in which they could be rehabilitated is thought of in this connection.

The main purpose of the method of rehabilitation is neither to punish nor to take upon the delinquent. The

intention behind this method is to help the delinquent children to get proper guidance and training so that they

become normal children and never repeat delinquent acts.

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JUVENILE JUSTICE SYSTEM IN INDIA

In present era, a movement for the special treatment of juvenile offenders has started throughout the world

including many developed countries like U.K., U.S.A. This movement has been started around the

18th century.  

Prior to this, juvenile offenders were treated as same as other criminal offenders. And for the same reason,

General Assembly of United Nations has adopted a Convention on the Rights of Child on 20th November 1989.

This convention seeks to protect the best interest of juvenile offenders. The Convention states that to protect the

social – reintegration of juvenile, there shall be no judicial proceeding and court trials against them. The

Convention leads the Indian Legislation to repeal the Juvenile Justice Act, 1986   and to make a new law. Thus,

Indian Legislation came up with a new act which was called as “The Juvenile Justice (Care and Protection of

Children) Act, 2000.

The Juvenile Justice, 1986 which repealed the earlier Children Act, 1960, aimed at giving effect to the

guidelines contained in the Standard Minimum Rules for the Administration of Juvenile Justice adopted by the

U.N. countries in November 1985.

The above-mentioned Act consisted of 63 Sections, 7 Chapters and is extended to whole India expect to the

State of Jammu and Kashmir. The primary purpose of the Act was to provide care and protection, treatment,

development and rehabilitation of the neglected juvenile delinquent. The main objectives of the Act were:-

1. The act basically laid down uniform framework for the juvenile justice in country in such a way that it

protects the right and interest of juvenile.

2. It talks about the machinery and infra – structure for the care, protection treatment, development and

rehabilitation of the juvenile offenders.

3. It set out the basic provisions for the proper and fair administration of criminal justice in case of heinous

crime done by juvenile offenders.


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Juvenile Justice Act, 2000

The Act was enacted in year 2000 with the aim and intent to provide protection for children. The mentioned was

amended twice – first in the year of 2006 and later in year of 2011. The amendment was made to address the

gap and loopholes in the implementation.

Further, the increasing number of cases of juvenile crimes in the last recent years and frightful incident of

“Delhi Gang Rape Case” has forced the law makers to come up with the law. The major drawback of the Act

was that it contains ill-equipped legal provisions and malfunctioning juvenile system was also the major reason

in preventing the juvenile crimes in India. The act was replaced soon by The Juvenile Justice (Care and

Protection) Act, 2015.

Present Juvenile Justice System in India

Like the other countries, India had also made legal provisions that especially and specifically deals with

the rights and protection of juvenile offenders which seeks to tackle the problem of juvenile delinquency. The

Juvenile Justice System in India is made on the basis of three main assumptions:-

1. young offenders should not be tried in courts, rather they should be corrected in all the best possible

ways,

2. they should not be punished by the courts, but they should get a chance to reform.

3. trial for child in conflict with law should be based on non-penal treatment through the communities

based upon the social control agencies for e.g. Observation Homes and Special Homes.

Juvenile Justice Act, 2015

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The aims to consolidate the laws relating to children alleged and found to be in conflict with law and children in

need of care and protection by catering and considering their basic needs through proper care& protection,

development, treatment, social-integration, by adopting a child friendly approach in the adjudication and

disposal of matters in the best interest of children. The act also focuses on rehabilitation of juvenile offenders

through various child care houses and institutions.

In India, according to the National Crime Record Bureau (NCRB), total of 48,230 juveniles were apprehended

during 2014 out of which 46,638 were boys and 1,592 were girls.

The percentage of girls to total juveniles was 3.3% i.e. 1.0 percentage point less than such share in 2013 (4.3%).

872 juveniles were apprehended in the age-group of below 12 years, 11,220 juveniles were apprehended in the

age-group of 12-16 years during 2014 whereas majority of juveniles apprehended (36,138) were under the age

group of 16-18 years.

The percentage shares of Juveniles apprehended under these age-groups were 1.8%, 23.3% and 74.9%

respectively. The decrease in the number of juveniles apprehended was 15.9% in 12-16 years age group (from

13,346 in 2013 to 11,220 in 2014) and increase by 25.3% in 16-18 years age group (from 28,830 in 2013 to

36,138 in 2014) during 2014 over 2013.

The overall increase in juveniles apprehended at the national level was 10.9% during 2014 as compared to

2013. Out of total 48,230 juveniles apprehended during 2014, 42,566 juveniles (88.3%) were apprehended

under IPC crimes while 5,664 juveniles (11.7%) were apprehended for committing SLL crimes. The highest

number of juveniles were apprehended for theft (8,863) followed by criminal trespass & burglary (3,802), rape

(2,144) and riots (2,074).

These heads taken together accounted for 39.7% of total juveniles apprehended under IPC crimes. Out of total

5,664 juveniles apprehended under SLL crimes in the country during 2014, the highest number of juveniles

were apprehended under the 'The Prohibition Act' (2,088) followed by 'the Juvenile Justice (C&P of Children)
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Act' (521) and 'the Gambling Act‟ (494).

Institutions to Rehabilitate Juvenile Delinquents

Preventive measure alone is not enough. Rehabilitative or reformative measures are also needed to solve

juvenile delinquency. Some of the institutions aimed at rehabilitating the juvenile delinquents are there in India

which may be briefly examined here.

Juvenile Courts: Juvenile Courts are established in order to treat separately juvenile delinquents form other

adult criminals. Juvenile Courts have their own building, judicial bench and other arrangements. Juvenile

delinquents cannot be tried in ordinary courts. Whenever the juvenile courts are not there they could however be

tried in other courts but on a separate day and at a fixed time so as to keep them separately from other adult

criminals. Juvenile offenders cannot be chained and they cannot be produced to the courts by the police in their

uniform. No advocates are needed to plead for them. The main intention behind this special treatment is to

create positive feelings in the minds of juveniles.

Remand Homes (Observation Homes): When a child is arrested under the Act, he is produced before the

magistrate within 24 hours and kept in Remand Home till the case is investigated. The child is kept in Remand

Home until the final disposal of the case. Sometimes person convicted are sent to Remand Homes for a few

days and released later. These homes are mostly managed by private Welfare agencies with the governmental

assistance.

Certified Schools: Certified Schools are established mainly to give some general education and technical

training to the children. Here the children are sent for long-term treatment. They are run by voluntary bodies or

local authorities with the financial assistance of the government and the public. There are two types of schools:

(i) junior Schools for boys under 12, and (ii) Senior Schools for boys under 16. The children are confined here

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about 2 to 3 years. They school authorities can also make early discharge. After their release they are put under

the charge of a Welfare or probation officer who watches their activities.

Auxiliary Homes: These Auxiliary Homes are attached to Certified Schools just like remand homes. Here the

convicted delinquents are kept for some time and studied by a social worker. Later on they are sent to certified

schools depending upon and attitude of the young offender.

Foster Homes: Foster Homes are mostly run by the voluntary agencies and the government gives grants to.

They are specially created for delinquent children under 19 who cannot be sent to approved or certified schools.

Reformatory Schools: In states where are no Children Acts, Reformatory Schools are established. They are

meant for the education and vocational training of delinquent children. The young convicted offenders below 15

years are detained here for 3 to 7 years. The delinquents are removed from bad social environments through

these schools.

Borstal Institutions: Under Borstal system special treatment is provided for adolescent offenders between the

ages of 15 to 21 years. Borstal institutions are of two types :(i) open type and (ii) closed type. Open institution is

a camp in the open country with no surrounding wall. Closed institution is a converted prison building in which

maximum security is given to inmates. Though it is called 'closed' institution most of its activities meant for

children are carried on outside the building.

Young offenders are very often sent to Borstal institution for rehabilitation rather than kept under imprisonment.

The term of Borstal is 2 to 3 years and in any case, it should not exceed 5 years. If the offenders are found to be

unruly and incorrigible they are sent to jails. Separate arrangement is there to give training to boys and girls.

The training, physical exercises and education that are given here are very tough so as to prevent the inmates

from committing offences again.

Fit Person Institutions and uncared children institutions: These are the two non-government institutions

managed by private bodies and philanthropists. These institutions give refuge and protection to the destitute,

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neglected children, children in the pre- delinquent stage, and to the delinquent children. Such children and their

activities are supervised by the appointed officers.

In the backdrop of this understanding of the general causative factors of juvenile delinquency legal frameworks

and methods and approaches for treatment of young offenders in India, we shall move on to know and

understand the trends and patterns of juvenile delinquency in India as well as in Karnataka in the following

sections.

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