Juvenile Delinquency and the Juvenile Justice Act notes — Unit 3
Free unit-wise study notes on juvenile delinquency and the juvenile justice act for Criminology and Penology, Semester 6 of Bachelor of Laws (LLB) — key concepts, examples, important questions and a revision checklist for semester exams.
Children in Conflict with Law. This unit explores why children commit crimes (delinquency). It deeply analyzes the Juvenile Justice (Care and Protection of Children) Act, 2015. It covers the crucial shift in Indian law post-Nirbhaya, where 16-18-year-olds committing heinous crimes can now be tried as adults, while maintaining the overall focus on reform and rehabilitation rather than punishment.
Notebook — 4 pages
Page 1
Wink Notes
LLB — 6th Semester
Criminology & Penology
— Unit - 3 —
1. Concept of Juvenile Delinquency
A child's mind is still developing. They lack the maturity, impulse control, and understanding of consequences that adults possess.
⇒The Principle (Doli Incapax)
Under Section 82 of the IPC, nothing is an offence which is done by a child under seven years of age. They are Doli Incapax (incapable of committing a crime).
For children older than seven but under eighteen, if they commit an offence, they are termed 'Juvenile Delinquents' or 'Children in Conflict with Law' (CCL). The state acts as their guardian (Parens Patriae) and focuses on reforming them, not throwing them in jail with hardened criminals.
Page 2
Wink Notes
LLB — 6th Semester
Criminology & Penology
— Unit - 3 —
2. The Juvenile Justice Act, 2015
The JJ Act 2015 is a comprehensive law that deals with two categories of children:
1. Children in Conflict with Law (CCL): Children who have committed an offence.
2. Children in Need of Care and Protection (CNCP): Orphans, abandoned children, or victims of abuse who need state protection.
⇒Juvenile Justice Board (JJB)
A juvenile is NEVER tried in a regular criminal court. They are brought before a Juvenile Justice Board. The JJB consists of a Metropolitan Magistrate and two social workers (one must be a woman). The atmosphere is child-friendly, not intimidating.
Page 3
Wink Notes
LLB — 6th Semester
Criminology & Penology
— Unit - 3 —
3. The Nirbhaya Effect (16-18 yrs)
Before 2015, NO ONE under 18 could be tried as an adult, no matter how brutal the crime. In the 2012 Nirbhaya gangrape, the most brutal attacker was 17.5 years old. He received a maximum of 3 years in a reform home. This sparked national outrage.
⇒The 2015 Amendment (Heinous Crimes)
The JJ Act 2015 introduced a controversial change. If a juvenile between 16 to 18 years of age commits a Heinous Offence (an offence carrying a minimum punishment of 7 years, like rape or murder), the JJB will conduct a Preliminary Assessment.
The JJB assesses their mental/physical capacity to commit the crime and their ability to understand the consequences. If the JJB feels the child acted with adult maturity, the child's case is transferred to a Children's Court, where they will be tried as an adult.
Page 4
Wink Notes
LLB — 6th Semester
Criminology & Penology
— Unit - 3 —
4. Rehabilitation & Protection
For all other offences (petty/serious), or for children under 16, the approach is strictly rehabilitative.
⇒Orders the JJB can pass:
Allow the child to go home after advice or admonition.
Direct the child to perform community service.
Order the parents to pay a fine.
Direct the child to a Special Home for a maximum of 3 years for reformation (providing education, skill training, and counseling).
⇒Absolute Protections
No child in conflict with law shall be sentenced to death or life imprisonment without the possibility of release. Their identity/name can NEVER be published in the media to protect them from lifelong stigma.
