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This is a research topic on the topic of Juvenile Deliquency.
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HARAPRASAD PANDA Dr. Soumitra Kumar Chatterjee 3 RD (^) Semester ROLL NO.- 14 EXAM ROLL NO.- 2110121051 LL.M- (CRIM.)- 2021 - 23 DATE OF SUBMISSION: 30.11.2022 SIGNATURE
This is to certify that the project report entitled “A CRITICAL STUDY ON JUVENILE JUSTICE LAW IN INDIA WITH THE ANALYSIS OF CHALLENGES IN ITS IMPLEMENTATION ” submitted by HARAPRASAD PANDA in regards to submission for Practical Examination (Paper-VII) to Madhusudan Law University, Cuttack is a record of the candidate’s own work carried out by him under my supervision. DATE: 30.11.22 (Dr. Soumitra Kumar Chatterjee) Asst. Professor, MLU, Cuttack Supervisor
I would specially like to thank my guide, mentor, Dr. Soumitra Kumar Chatterjee without whose constant support and guidance this project would have been a distant reality. This work is an outcome of an unparalleled infrastructural support that I have received from Madhusudan Law University, Cuttack. I owe my deepest gratitude to the library staff of the college. It would never have been possible to complete this study without an untiring support from my family, specially my parents. This study bears testimony to the active encouragement and guidance of a host of friends and well-wishers.
AIR All India Reporter AC Appeal Cases All ER All England Reporter AP Andhra Pradesh All Allahabad A.I.C.D All India Criminal Decision All.Cr.C. Allahabad Criminal Cases Art. Article A.C.C Accidental & Compensation Cases B.L.J.R. Bihar Law Journal Reports Bom. Bombay B.L.R. Bombay Law Reporter BCA Bombay Children Act CLJ Calcutta Law Journal Cal. Calcutta Cr.L.J. Criminal Law Journal Cr.L.R. Criminal Law Report CRC Convention on the Rights of Child CAD Constituent Assembly Debate CA Children Act Cr.P.C. Criminal Procedure Code Col Colum
KB King’s Bench Ker. Kerala LT Law Times Mad. Madras MP Madhya Pradesh MPLJ Madhya Pradesh Law Journal MWCD Ministry of Women and Child Development NCAG National Coordination and Action Group NHRC National Human Right Commission Nag. Nagpur NISD National Institute of Social Defence NCPCR National Commission for Protection of Child Right NCRB National Crime Record Bureau NGO Non Government Organisation p. Page Pat. Patna PIL Public Interest Litigation
RTI Right to Information SC Supreme Court SCC Supreme Court Cases SCJ Supreme Court Journal SCR Supreme Court Reports SCW Supreme Court Weekly Sec. Section Supra Above Supp. Supplementary SLL Special Local Law SAARC South Asian Association for Regional Cooperation SJPUs Special Juvenile Police Units UK United Kingdom UN United Nation UNDP United Nation Development Programme UP Uttar Pradesh US United State of America V. Versus Vol. Volume
To get the brief idea about Juvenile Justice Laws prevalent in India. To trace out the Historical Perspective of the Juvenile Justice Laws in India To find out the major reasons behind the increasing rate of Juvenile Crime in India To analyse the Challenges faced by the Principal Magistrates of JJ Board B. RESEARCH QUESTIONS-: Whether there is no definite policy towards the manpower development of JJ? Whether there is delay in disposing cases due to the failure of the Principal Magistrates in discharging the work Completely C. SOURCE OF DATA: The source of data is both primary and secondary source being authoritative as well as non authoritative.Primary Data Includes , Survey through questionaries, interviews. Secondary Data Includes Books, journals, articles, access to Madhusudan Law College library and computer lab, online resources such as Indian Kanoon Website, SCC Online, Law Commission Of India, Pages Of Ministry Of Women and Child Welfare And National Crime Record Bureau, Legal Services Of India, News reports and many more access to all the keywords used in this research paper. D. METHODOLOGY Both Doctrinal method of research and Non- Doctrinal method of Research has been used by the researcher for the completion of this research paper. Methodology is a system of broad principles or rules from which specific method or procedure may be derived to interpret or solve different problems within the scope of a particular discipline. Unlike algorithm, a methodology is not a formula but a set of practices for the present paper the researcher has done a lot of internet research and studied different books in the library of the college and collected sources by analyzing from different books and various websites on internet. For the Non-Doctrinal Part the Reseacrher has used the medium of interview questionaries seeking response from number Juvenile Judges across the state. So it is completely a doctrinal and Non- Doctrinal method of study
The literature reviewed by the researcher for the project are as follows:-
1. Author: Sunil Verma, Research scholar, Oriental school of law Oriental university, Indore, A LEGAL STUDY ON THE JUVENILE DELINQUENCY The above-stated Article helped the researcher in understanding the meaning, terminology of the Word Juvenile and Juvenile Delinquency 2. Author: G.S Bajpai, JUVENILE JUSTICE IMPACT & IMPLEMENTATION, Published by the Bright Law House, Delhi, Edition 1st^ (2005) The above-stated book helped the researcher in understanding the concept of Juvenile Delinquency with the help of various case laws, verdicts given by the Judiciary. 3. Author: Ratanlal Ranchoddas and Dhirajlal Keshavlal Thakore, Indian penal code Published by LexisNexis, Edition 34th, (2014) The above-stated book helped the researcher in finding out the Concept of Crimes committed by Minor and their Exceptions 4. Author: Kumar Akshay Pandey, Juvenile Justice: A Commentary Published by Published by Eastern Book Company, The above stated book helped the Reseacrher in understanding the Historical concept of Juvenile Laws in India , so it helped in understanding the overview of the Juvenile Justice Act 5. Author: S.R.Myneni, Legal research methodology, Published by Allahabad Law Agency, Edition 5th 2012 The above-stated book helped the researcher to know and understand the basic concepts of research methodology like research, problem, rationale etc. 6. Author: T.Padma and KPC Rao, Legal research methodology, Published by New Age International Publishers, Edition 3rd, 2014 The above-stated book helped the researcher to know and understand the basic concepts of research methodology like research, problem, rationale etc. 7. Author: C.K.Kothari and Gaurav Garg. Research methodology, methods and techniques, Published by New Age International Publishers, Edition 3rd, 2014 The above-stated book helped the researcher to know and understand the basic concepts of research methodology like research, problem, rationale etc. F. HYPOTHESIS OF THE PROJECT: The Juvenile Justice Act, is not being properly followed by the Principal Magistrates, Police and other machineries due to which there is delay in disposal of cases, despite the Act suggests , the proceeding should disposed off within 4 Months or Maximum 6 Months.
“No child is born into the world to be bad or good. He is as bad or as good as we make it possible for him to be.” - Grant S. McClellan^1 In ancient Rome, a doctrine known as patria parens patriae established the role of children within the societies and the family unit. Under parens patriae the father had absolute control over his children father had the power of life and death over his children. There was no intervention by the state in matters of paternal discipline of children. However, this doctrine assumed its significance in a welfare state and casts a duty upon the state to protect and reform them. A considerable portion, i.e. of around 40-45% of the number of inhabitants on the planet constitutes of children and youth, i.e. between the 0-18 age group. When furnished with sufficient opportunity, they can advantage the general public to an expansive degree and if neglected, may cause irreparable harm.It goes with saying that every saint has a past and Every Criminal has a future. Consequently, they should be shielded from misuse, hostile to social exercises and be given fitting consideration to their (^1) Sunil k Bhatacharya “Juvenile Justice An Indian scenario” (Regency Publication New Delhi)
general improvement and furnished with chances to have the capacity to form into a social human-being with an objective in life. Laws relating to Juveniles in India Ancient India however was represented by various laws, barely had any law exceptionally managing juvenile delinquency. The Apprentices Act was passed in 1850 as the first juvenile enactment to manage children in India. After that, Indian Penal Code came into power in 1860 and S.82^2 of it provided blanket immunity to a child beneath seven years old assimilating the Principle of Doli Incapax. It also stated that a child between the age of seven and twelve can only be held liable if he has sufficient maturity of understanding to judge the nature and consequences of his conduct. The Criminal Procedure Code also had a provision that, any person who has not attained twenty one years, if convicted of an offence not punishable with imprisonment for life or death, could be released on probation with or without sureties, keeping in mind the good conduct, age, circumstances and past antecedents of the accused.^3 The Children Act, 1960, The Juvenile Justice Act, 1986, The Juvenile Justice (Care and Protection of Children) Act, 2000, Protection of Children from Sexual Offenses (POCSO) Act, 2012 tailed them and set out the laws identifying with juveniles considerably. Like any other country, India also tackles the problem of juvenile delinquency on the basis of the principles that young offenders should be corrected instead of being tried and reformed, not punished. At present, The Juvenile Justice in India is governed by the Juvenile Justice (Care and Protection of Children) Act, 2000. The main vision of this legislation was to secure to every child a meaningful childhood. The objective of the act was to make effective provisions of law for the children in conflict with law and those who are in need of care and protection. It further gives a new direction to the justice delivery process by moving away from criminal approach. Perceiving the procedural shields vital for legitimate treatment of the juveniles in conflict with law, the new Act made extraordinary provisions for bail, support and inquiry of the apprehended juveniles. Any individual who is accountable for a juvenile under the Act shall be responsible for his custody until further orders. If a juvenile is captured, the police needs to send the data to the parent/guardian and probation officer. The Act lays uncommon accentuation on non-institutional confinement & has perceived more liberal methodology while considering bail matters of a juvenile in conflict with law. The distinction between the bailable & non-bailable that was kept up by The Criminal Procedure Code, 1973 has now been done away with. So bail can now be conceded to juveniles regardless of the (^2) INDIAN PENAL CODE, (1860) , S. (^3) CRIMINAL PROCEDURE CODE, S.
were approved in November 1985.^6 The Act of 1986 was a result of the decision of the Hon’ble Supreme Court in the case of Sheela Barse v. State of Maharastra^7 where the supreme court had directed the Central Government to enact an uniform Law for the children in conflict with law. The Children Act, 1960, The Juvenile Justice Act, 1986, The Juvenile Justice (Care and Protection of Children) Act, 2000, Protection of Children from Sexual Offenses (POCSO) Act, 2012 tailed them and set out the laws identifying with juveniles considerably. Like any other country, India also tackles the problem of juvenile delinquency on the basis of the principles that young offenders should be corrected instead of being tried and reformed, not punished. At present, The Juvenile Justice in India is governed by the Juvenile Justice (Care and Protection of Children) Act, 2000. The main vision of this legislation was to secure to every child a meaningful childhood. The objective of the act was to make effective provisions of law for the children in conflict with law and those who are in need of care and protection. It further gives a new direction to the justice delivery process by moving away from criminal approach. The Juvenile Justice Act of 2006 was enacted with the goal of protecting children. The abovementioned was changed thrice, the first in 2006 and the second in 2011 and again in 2014.The modification was proposed to address the implementation gap and loopholes. Furthermore, the rising number of incidents of juvenile criminality in recent years has compelled legislators to enact legislation. The Act's main flaw was that it contains ill-equipped legal provisions, and the juvenile system's failure was also a key factor in avoiding juvenile crimes in India. The Juvenile Justice Act, 2000 was quickly superseded by the Juvenile Justice (Care and Protection) Act, 2015. CHAPTER-III AN OVERVIEW OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015 The Constitution of India empowers the Parliament to formulate law for the welfare of the children.^8 After independence a number of Bill has been introduced in Parliament relating to children in need of care and protection, these bills were discussed by Parliament and some of them were passed .first statute relating juvenile Justice after independence was children Act 1960.Then Juvenile Justice Act 1986 was passed which contains elaborate provision regarding juvenile Justice. In year 2000 Juvenile Justice (care and protection of (^6) Naman Arora “Reformation In Juvenile Justice System” 1 DE JURE NEXUS LAW JOURNAL 2582 - 7782 (2021). (^7) ( 1986 ) 3 SCC 596 (^8) The Constitution of India, Art. 15(3)
children) Act 2000 was passed, which was a comprehensive legislation on Juvenile Justice. Latest statute is Juvenile Justice (care and protection of children) Act 2015. The new Act known as the Juvenile Justice (care and protection of children) Act, 2000 was an improvement over the law which was replaced by passing this act. The object of the legislation is to amend the law relating to juvenile in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment and by creating to their developmental needs and catering to their basic needs. This is being done by adopting a child friendly approach in the adjudication and disposition of matter in the best interest of children and for their ultimate rehabilitation through various institutions established under this law.^9 Section 3 of the Act embodies certain principles like Presumption of Innocence, Dignity and worth, Best interest of juvenile, Family Responsibility , Principle of Non stigmatizing Semantics, decisions and actions. The Act says that the institulisation as a last Resort. Constitution of Juvenile Justice Board : Under the Act the state Government is empowered on constitute a Board for a district or a group of districts which state may specify by a notification. These boards exercise the powers and discharge all such duties which are conferred upon them^10. Board shall consist for a judicial magistrate of the first classes or a Metropolitan Magistrate and two social workers one of whom at least should be a woman. The magistrate on the board shall be designated as the principle Magistrate^11. The law provides that only such Magistrates can be appointed as the members of the Board who have special knowledge or training in child psychology or child welfare, further, only such of the social workers will be nominated in the Board who has been actively involved in health, education, or welfare activities of the children for at least seven years^12 The term of the office of the members will be such which may be prescribed. The Purpose of Engaging social members because the crimes committed by a juvenile is not only a Legal Issue but is a socio-legal issue. Procedure: The procedure followed in the proceeding against juvenile offender under the juvenile justice act, differs from that of an ordinary criminal trial, therefore, it can be righty termed as ‘special procedure’ in view of the following considerations:- (^9) Juvenile Justice (Care and Protection of Children) Act, 20 15, S. (^10) Juvenile Justice (Care and Protection of Children) Act, 2015 , S. (^11) Juvenile Justice (Care and Protection of Children) Act, 2015 , S.4(2) (^12) Juvenile Justice (Care and Protection of Children) Act, 2015 , S.4( 3 )
Whenever a claim of juvenility is raised before any court or a court is of the opinion that accused person was a juvenile on the date of commission of the offence, the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be.^16 The claim of juvenility may be raised before any court and it shall be recognized at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made there under, even if the juvenile has ceased to be so on or before the date of commencement of this Act. If the court finds a person to be a juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate order, and the sentence if any, passed by a court shall be deemed to have no effect.^17 Observation homes Section 47 of Juvenile Justice Act provides establishment of Observation homes for keeping the juvenile during the inquiry. It provides that Any State Government may establish and maintain either by itself or under an agreement with voluntary organizations, observation homes in every district or a group of district, as may be required for the temporary reception of any juvenile in conflict with law during the pendency of any inquiry regarding them underthis Act.^18 The observation home for preliminary inquiries, care and classification for juveniles according During the pendency of inquiry or hearing, the juvenile in conflict with law is placed in observation home in which juvenile are kept in their separate groups according to age i.e. 7 to 12 years, 12-16 years, and 16-18 years giving due consideration to their physical and mental condition and the degree or gravity of the offence committed by them. In the case of Sanjay Prasad Yadav v. state of Bihar ,^19 the court was called upon to decide whether a juvenile accused who is from guilty of an offence under section 302/34 IPC and observed to be kept in Observation home during inquiry under the juvenile justice Act, has to be shifted to jail in case he/she has crossed the prescribed age for being treated as juvenile. The crossed that such a juvenile must be continued to be kept in the observation (^16) Juvenile Justice (Care and Protection of Children) Act, 2015, S.9 (2) (^17) Section 7 (2) Of Juvenile Justice (Care and Protection of Children) Act, 2000 (^18) Section 47 (1) Of Juvenile Justice(care and Protection of Children) Act, 2000 (^19) 1995(1) Crimes, 476, Pat.
home even if he has crossed the age - limit for juvenile during the pendencyof inquiry against him and he need not be shifted to jail citing its earlier full bench decision in Krishna Bhagwan v. state of Bihar^20 the court observed; “Different section spurts strict bar on the juvenile being sent to jail custody either before an inquiry or after the conclusion of the inquiry in respect of the offence alleged or proved to have been committed. The benefit has to be extended not only to accused who is a juvenile at the time of commencement of the inquiry but even to an accused who has ceased to be so during the pendency of inquiry.” Special homes Section 48 of the Act provide establishment of Special homes for the rehabilitation of juvenile in conflict with law. Any State Government may established and maintain either by itself or under an agreement with voluntary organizations, special homes in every district or a group of districts, as may be required for reception and rehabilitation of juvenile in conflict with law under this Act.^21 It may be noted the Act has completely eradicated the words Like Remand, Jail , so as to create a child friendly environment for the Children in conflict with Law. It signifies that the purpose of the act is not to award punishment rather to treat the disease through a rehabilitate method. Bail of juvenile Section 12 of the Act contemplates that When any person accused of a bailable or non- bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that this released would defeat the ends of justice. When such person having been arrested is not released on bail under sub-section (1) by the officer in charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.^22 (^20) AIR 1989 Pat 217. (^21) Juvenile Justice (Care and Protection of Children) Act, 2015, S. 48 (1) (^22) Juvenile Justice(Care and Protection of Children) Act, 2015, S.12(2)
