PEOPLE: International Journal of Social Sciences

ISSN 2454-5899

 Agarwal, 2018
Volume 3 Issue 3, pp.1365-1383
Date of Publication: 3 rd February 2018
DOI-https://dx.doi.org/10.20319/pijss.2018.33.13651383
This paper can be cited as: Agarwal,
as: Agarwal, D. (2018). Juvenile Delinquency
Delinquency In India- Latest Trends And
Entailing Amendments In Juvenile Justice Act. People: International Journal Of Social Sciences , 3(3),
1365-1383

JUVENILE DELINQUENCY IN INDIA- LATEST TRENDS AND

ENTAILING AMENDMENTS
AMENDMENTS IN JUVENILE JUSTICE ACT

Deepshikha Agarwal
 Associate Professor, University School of Law and Legal Studies, GGS IP University, Delhi,
 India
[email protected]

Abstract
 Juvenile delinquency is a serious offence and it is detrimental for the social order in any country.
There is a trend of increase in juvenile crimes world-over, with more and more involvement of
the youth in violent crimes. India shows similar trends of increasing rate of violent crimes
committed by the juveniles. It is a very serious concern for the nation and solutions to end the
 problem need to be sought very carefully. Indian legal system and judiciary has responded to
these trends and has brought some amendments in the laws pertaining to juvenile justice in
 India. This paper aims at looking at the causes of juvenile delinquency and explanations given by
 scholars from various fields to explain the problem. The analysis of statistical data available at
official sites indicates increasing involvement of the juveniles in heinous crimes. To contain the
 problem of juvenile delinquency in India, the Act pertaining to Juvenile Delinquency has been
amended and now trial of juveniles involved in heinous crimes is held as adults.
Keywords
Delinquency; Juvenile Justice System; Juvenile Justice Act; Juvenile Justice Board

1. Introduction
Children are the rock of any nation on which it’s
it’s future is built. They become the leaders
of the country, the creators of national wealth, who care for and protect the human community of

© 2018 The author and GRDS Publishing. All rights reserved. 1365
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

the land to which they are rooted. These children across the world develop at different rate and
develop different world- view. They increase their ability to think abstractly and develop their
own views regarding social and political issues. They develop ability to indulge in long- term – 
term – 
 planning and goal setting. There is also a tendency of making comparison of self with others.
They yearn for separate identity and independence from parents. This is the age when peer
influence and acceptance becomes very important. They also develop strong romantic/ sexual
ideas, and tend to show indulgence in Love and long- term relationships.
However, these are normal changes and there are no anomalies generally. Problems arise
when these juveniles develop delinquent tendencies, and get into law and order problems. There
occurs to be a very strong relationship of crime/ deviance with age- according to Hirschi and
Gottfredson (1983), the age- crime relationship is universal. The general observation is that
criminality/ delinquency peaks in adolescence and diminishes with age, This pattern of crime
common across historical, geographical and cultural contexts. Indulgence in conventional crimes
is more widespread in teenage and young adults. Most of these offenders disengage from crime
after a brief career in crime. However, for some types of crime, there are older peak ages, and
they decline relatively more gradually
Juvenile crimes have become such common phenomena that they raise serious concern in
any nation. 
nation.  In common terminology, juvenile is a child who has not attained a certain age at
which he can think rationally and often understand the consequences of his/ her act. Hence, the
 juvenile can’t be held liable f or
or his/her criminal acts. A juvenile delinquent may be regarded as
a child who has allegedly committed /violated some law, under which his/her act of commission
or omission becomes an offence.
Under the Indian Laws, Section 2 (k) of the Juvenile Justice (Care and Protection of
Children) Act, 2015 (referred generally as JJ Act) juvenile is a person who below 16 years. Prior
to JJ Act of 2015, the age bar for juveniles was 18 years ( Juvenile Justice (Care and Protection of
Children) Act, 2000, 2006, 2012). In fact, the age of the juvenile under the Indian legislations has

taken variation in temporal and spatial perspectives. It varies from 14 to 18 years under different
laws and different Indian states.

2. Research Issues Covered

This study is purely based on doctrinal research. Relevant books, journals and on-line
research articles have been consulted for the same. It aims to delve into some of the causes/

© 2018 The author and GRDS Publishing. All rights reserved. 1366
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

reasons for juvenile delinquency and the theoretical prepositions given by different scholars to
understand the problem. It looks into the evolution of Juvenile Justice Act and Juvenile Justice
System in India, and important provisions in the Act. To understand the latest trends in juvenile
delinquency, statistical data from National Crime Records Bureau (official site for data on crimes
in India) has been taken and analyzed. Further, this data has been linked with latest amendments
made in the Juvenile Justice Act. All analysis in this paper is based on statistical data available.
Empirical study of juvenile delinquency through visits to Juvenile Homes and Juvenile Boards
(Courts) is proposed by the author in the comin g years to get a deeper insight into the problem.

3. Reasons for Juvenile Crimes

Interdisciplinary studies on juvenile delinquency reveal that across the world, many
 behavioral changes occur in the juveniles/ adolescents,
ado lescents, which are related to the sudden changes
in their body due hormonal surge, associated with puberty. The changes are most apparent in
 physical parameters, such as change in height and weight of the adolescents, and are soon
followed by other sexual and physical changes of maturity. These physical changes are
accompanied by mental changes also.
3.1 Social Factors
Sometimes, the juveniles develop delinquent sub- culture due to cultural deprivation and
status frustration that they go through (Albert Cohen, 1955). They often adopt the delinquent
tendencies due to peer pressure. According to Walter B. Miller (1958), some youth (usually
 belonging to lower class) turn the mainstream culture up- side down, thus whatever is valued and
is regarded as positive generally by the is society given up by these youth, and is replaced by just
the opposite value system. Thus, if certain morals are upheld by society, juvenile delinquents
give up these values and try to excel in the areas of toughness, over- smarting the others and
indulge in things that give them excitement (defined as focal concerns by Miller). Delinquent
sub- culture theory has been applied in latest studies in the United States (Ling Ren, Hangowel
Zhang et al, 2016), where new area of attitude of the juvenile towards the Police in China has
 been focused.
Cloward and Ohlin (1960) feel that juveniles develop different delinquent tendencies
depending upon what opportunities are available in their surroundings. The youth may become
criminals if they have opportunities to learn illegal activities. They may indulge in acts of street

© 2018 The author and GRDS Publishing. All rights reserved. 1367
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

 brawls and hooliganism if the lack these opportunities, or are not able to excel in the area of
organized crime.
Other studies indicate that social factors such as poverty and low education are also
responsible for juvenile delinquency (Ombato, John Onyango et al 2013). Habits of substance
abuse also make the youth vulnerable to offending. Broken families are directly related to higher
rates of delinquency. The negative role of family has also been highlighted in other studies
(World Youth Report, 2003). The report indicates that the juvenile who receive less familial
supervision, or who live in dysfunctional family settings or in disadvantaged families have more
chances of getting involved in delinquent behavior.
3.2 Psychological Factors
There are psychological explanations to delinquency also, which can be well understood
through Freudian concepts of id, ego and super-ego. When the id (the instinctive element of
individual’s personality) becomes too strong, and the super - ego becomes weak (the socially
taught element of personality) the ego develops into anti- social person (K. S. Williams 2012).
Sometimes when the self- control and social control through primary groups becomes weak, the
 juveniles develop delinquent tendencies. The breakdown of the social institutions has also been
b een
connected to deviance and delinquency (Chris Knoester and Dana L. Haynie, 2005). There can a
strong link between psychological condition of the youth and delinquent tendencies. Study of
female inmates in Bangladesh showed very high incidence of psychiatric disorder among the
offenders of Female Juvenile Center (Maruf et al, 2015). These offenders also showed high
incidence of substance abuse.
David Brandt (2006) has extensively talked about the social and psychological factors
responsible for delinquency in India. Under the social factors it has been noted that the social
environment has a strong impact on deviating tendencies of the juveniles. Amongst these
neighborhood ties and social organization can be important determinant in the delinquent
 behavior of the juvenile. This is highlighted in the study conducted by He Len Chung and
Laurence Steinberg (2006). The study indicates that when the neighborhood ties are weak and
the social organization factors are not effective, the social control over the members of the
society becomes weak, thus leading to delinquent tendencies. Along with the weak
neighborhood, ineffective parenting and association of the youth with deviant peers leads to
higher rates of offending.

© 2018 The author and GRDS Publishing. All rights reserved. 1368
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

3.3 Biological Factors

The biological explanations suggest that individuals are influenced by their biological/
genetic make- up. They are not exactly the captives of biological designing, but it does render
these individuals inclined towards delinquent tendencies. The hormonal changes in the body of
the juveniles are responsible for their impulsive and rebellious behavior. Ecological/
environmental and economic parameters also play important trigger points in lives of the
 juveniles. But usually it’s the combination of these factors that together creates situation of
 juvenile delinquency.

4. Relevance of Socio- Psychological Studies in Creating Need for

International Instruments
All these researches done in the area of juvenile delinquency under various academic
disciplines created the need for a strong instrument at international level that could lay down
guidelines for various countries to deal with the situation.
The United Nations Convention on Rights of Child (CRC) was laid down in 1989, which
 became a landmark in the international Human Rights legislations. It clearly indicated the rights
of the children and why they should be protected. This rights approach shielded in the CRC
entailed changes in the area of social; justice, equity and empowerment of the young members of
society.
The CRC is a legally binding agreement that sets out the civil, political, economic, social
and cultural rights of every child, irrespective of their race, religion or abilities. Consisting of 54
articles, it sets out children’s rights and sets out children’s rights and how governments should
work together to protect these rights. Ever since the convention was adopted in 1980, 194
countries have signed up the Convention. All the countries that ratified to UNCRC are bound by
International law and its implementation. Committee on CRC sees to it that countries which have
signed up the UN convention abide to the norms of the Convention.
India ratified to the CRC in 1992 and since then it has been bringing out various
legislations to cover the rights of children. Juvenile Justice Act in India is one such legislation
which clearly and extensively deals with issues of erring children.

© 2018 The author and GRDS Publishing. All rights reserved. 1369
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

5. Brief Evolution of Juvenile Justice Legislations in India

Some authors have evaluated the origin and development of Juvenile Justice in India
(Mousami Dey, 2014). Prior to coming of British in India, the actions of children were governed
under existing Hindu and Muslim laws, where the respective families of the person concerned
were held responsible for monitoring the actions of their children. In India, the need for new
legislations for children was felt under the British rule. Some specific laws were passed between
1850 and 1919, like the Apprentice Act (1850), the Code of Criminal Procedure (1861) and the
Reformatory School Act (1876 and 1897).
Under the Apprentice Act (1850), it was held that destitute or petty offenders in the age
group of 10 and 18 years should be dealt with separately- the convicted children were required to
work as apprentices for businessmen. Section 82 of the Indian Penal Code of 1860 also
recognized the special status of children. It set age limits on criminal responsibility and excluded
children younger than 7 from culpability. The children between 7 and 12 years of age were
considered to have sufficient maturity to understand the nature of their actions under certain
circumstances.
The Code of Criminal Procedure of 1861 allowed for separate trials of persons younger
than age 15 and their treatment under the reformatories rather than prisons. It also laid down
 provisions of probation of the young offenders. Such attempts marked the changing
chan ging attitude and
approach of state to juvenile delinquents, and the transition from penal to reformative
 philosophy.
In this regard, the Reformatory School Act 1876 and 1897 came as harbinger of such
legislations. Under the Act, the provisions were laid down for putting the delinquents in the
reformatory schools for a period of two to seven years. However, as they attained 18 years of
age, they were shifted to adult prisons. Provision for treatment and rehabilitation of young
offenders was laid down in the 1897 Act.
There was no national legislation under the British rule. However, certain provinces came
up with their own legislations to deal with juvenile delinquency (like Bombay, Madras and
Pondicherry).
After India got independence, Juvenile Justice policy in India got structured around
the mandates prescribed under various articles of Indian constitution (Article 15 (3), 21, 24,
39 (e) & (f), 45 & 47). The Indian Juvenile justice policy was also guided by various

© 2018 The author and GRDS Publishing. All rights reserved. 1370
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

International Covenants such as UN Convention on Rights of Child (CRC) and Beijing Rules,
or UN Standard Minimum Rules for Administration of Juvenile Justice.
Justice. The important law for
neglected and delinquent children in India was passed Central Child’s
Child’s Act (1960), which
 prohibite
 proh ibited
d impris
imprisonme
onment
nt of children under any circumstances. It declared children’s courts
and child weld welfare board to be two important bodies that would deal with such children.
In 1986, the central government of India passed a central Act, called the Juvenile
Justice Act of 1986. It was a social legislation that aimed to provide care, protection,
treatment and rehabilitation for delinquent and neglected children. It also looked into
adjudication of juvenile matters. It created juvenile courts for the offenders and juvenile
welfare boards for the non- offenders/ neglected children.
The juvenile Justice (Care and Protection of Children) Act was passed in 2000. It
 provided
 prov ided for a uniform
un iform legal frame
framewo
work
rk of justic
j usticee across
a cross the coun
country.
try. The main obje
objective
ctive of
the new Act was to ensure that no child (up to the age 18 years) offender is lodged in jail.
The Act also made provisions for the infrastructure and machinery for care, protection and
rehabilitation of children. The Act was again amended in 2006 and then in 2010.
The Juvenile Justice Act, apart for providing for care, protection, rehabilitation and
development needs also makes the juvenile adjudication and disposition system child – 
child –  friendly.
 friendly.
It enables the Juvenile Justice Board (earlier called Juvenile Court) in taking a multi-
disciplinary approach when conducting inquires. Under the Act, Child Welfare Committee has
 been established to cater to the needs of vulnerable children.
 New Act dealing with Juvenile delinquency came in 2015, about which a discussion will
 be held later in this article.

6. Important Provisions under the Indian Juvenile Justice Act

The Juvenile Justice Act, 2000 defines, under section 2 (I) defines juvenile in conflict
with law as a juvenile who is alleged to have committed an offence and is under 18 years of age
(and above the age of 10 years) on the date of commission of crime. Under the various Indian
laws, there is no consensus over the definition of child, which creates confusion and dilemma
over the legal treatment of the children.
Under section 2 (d) the same Act, there is another category of children- “Children
“Children in
 Need for Car e and Protection” referred. These children are defined as the ones who are found
without any home or settled place or abode and without any ostensible means of subsistence.

© 2018 The author and GRDS Publishing. All rights reserved. 1371
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

They may be street children/ indulging in beggary, child laborers, orphaned/ abandoned/ destitute
children, abused children/ trafficked children, children suffering from physical deformity/ mental
illness or victims of conflict and disaster situations. The Indian JJ Act acts all such children and
legally protects their rights, at least on paper. R. N. Choudhary (2005) talks about various laws
that are prevalent in reference to juvenile justice in India. S. K. Bhattacharya also discusses about
the juvenile justice in India (2000).
The need to incorporate the second category of children came from preventive approach
of the JJ Act. The children who live under the condition of destitution, or under difficult
situations, are very vulnerable to commit crime. Any trigger point in their lives can push the
offender button, and they may convert into delinquents. So, keeping up to the philosophy
 prevention is better than cure, the JJ Act of India has made provisions for including both
category of children, both who are offenders, or those who are quite likely to indulge in deviant
acts should be treated under the Act.
The two category of children are also treated by different institutions- juvenile offenders
under the Juvenile Justice Board, and the vulnerable children under the Child Welfare
committee.
The Juvenile Justice Board consists of a metropolitan judge, or judicial magistrate of first
class, and two social workers, at least one of whom should be a woman. Under the Act, there are
also provisions for a Special Juvenile Police Unit in every police station. All these personnel
must be preferably trained in child psychology, or should have sensitivity in child related
matters.
If the juvenile is a co- accused with an adult/ adults, joint trial of the juvenile offender
cannot be held along with adult criminals. Further, the Juvenile Justice Act in India restricts the
apprehension of juveniles, stipulates bail as a right to the offender, irrespective of the fact that
the offence is bailable or not.
Further, the trials of the juvenile offenders are held in a very informal manner, where the
offender cannot be cannot be brought to the Juvenile Justice Board handcuffed. The police
officials or other government personnel are dressed informally. The identity of the offender is
always concealed, and in no case media can mention the name of the offender in newspapers or
on news channels. After the trial, the offenders are kept under the observation homes or Special
homes. Children in need for Care and Protection are sent to Children’s
Children’s homes.

© 2018 The author and GRDS Publishing. All rights reserved. 1372
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

All these child friendly measures of Indian government are indicative of the fact that
government does not want to jeopardize the lives of the young criminals, and wants to give them
all a chance for improvement. All the provisions are very much in line with juvenile
 jurisprudence.

7. Juvenile Delinquency in India- Current Trends

The legal definition of child affects how the courts in a country deal with offenders. As
 per the international norms, and also under the juvenile Justice System in India, a minor or a
child cannot be tried in the same manner as an adult. A child is treated as doli incapax, with no
mens rea- he/ she is not capable of understanding consequences of his/ her actions.
Keeping this logic in mind, children are dealt
de alt under juvenile justice system, and not under
the adult criminal justice system. They can never be given imprisonment or death penalty.
Hence, under the Indian legal system, Art. 40 (3) (a) of CRC requires State Parties to promote
establishment of minimum age below which child is presumed not to have capacity to deviate the
 penal law. Age of criminal responsibility is held to be 7 years- child below 7 years cannot be
considered a child in conflict with law  –   section 82 of IPC, 1860. Thus, nothing is an offence
done by a child between 7 and 12 years, who has not attained sufficient maturity to judge the
nature and consequences of his/ her conduct, and did not know that what s/he was doing was
wrong - Section 83 of IPC, 1860.
However, juvenile delinquency has been increasing in capital city Delhi and other places
in India at an alarming rate. The involvement of the juveniles in serious offences like murder,
attempt to murder, kidnapping and abduction has raised concerns in the nation. After the
December 2012 Gang rape in Delhi (or Nirbhaya case, as it was commonly called), many
debates and discussions pointed to the softer approach of Juvenile Justice System to serious
offences. It has been found that the youngsters can be as brutal as the adults, which forced the
 people to reanalyze the definition and app roach to juvenile delinquents in India. Due to access to
internet, the psychiatrists feel that aspirations of adolescents and adults are becoming at par (D.
Ghosh, 2013).
The National Crime Records Bureau (NCRB) data indicates that there has been an
increase in crimes committed by juveniles, especially by those in the 16-18 years’ 
years’  age group.
 NCRB data given below shows the trends of juvenile offences.

© 2018 The author and GRDS Publishing. All rights reserved. 1373
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

Table 1: Cases registered against Juvenile in conflict with law and Crime Rate under IPC
during 2015- 2016 
Year Cases Registered Percentage cases of
Juvenile in conflict with
law to total cognizable
Crimes

Against Under total

Juveniles in cognizable
conflict with IPC Crimes
law

2005 18939 1822602 1.0 1.7

2006 21088 1878293 1.1 1,9

2007 22865 1989673 1.1 2.0

2008 24535 2093379 1.2 2.1

2009 23926 2121345 1.1 2.0

2010 22740 2224831 1.0 1.9

2011 25125 2325575 1.1 2.1

2012 27936 2387188 1.2 2.3

2013 31725 2647722 1.2 2.6

2014 33526 2851563 1.2 2.7

2015 31396 2949499 1.1 2.5

Source: NCRB

As it is evident from the data in table 1, there is an increase in number of cases registered
against juveniles in conflict with law. From 2005 to 2015, this number has increased from 18939
to 31396 (in category of Against Juveniles in conflict with law) and from 1822602 to 2949499
(Under total cognizable IPC Crimes). Though the Percentage cases of Juvenile in conflict with
law to total cognizable Crimes has ranged from 1.0 to 1.1, the Rate of crime under cases of
Juveniles in Conflict with law has increased from 1. 7 to 2.5.

© 2018 The author and GRDS Publishing. All rights reserved. 1374
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

Table 2: Cases registered in India against Juvenile in conflict with law under different crime
heads of IPC during 2015
S.no. Types of crime No. of cases

1. Murder (Section 302 IPC) 853

2. Attempt to commit murder (Section 307 980

IPC)

3 Culpable Homicide not amounting to 36

murder (Section 304 IPC)

4 Attempt to commit Culpable Homicide 60

(Section 308 IPC)

5 Rape (Section 376 IPC ) 16988

6 Kidnapping and Abduction 1630

7 Dacoity 193

8 Robbery  (Section 392 To 394, 397 And 398 1358

IPC)

9 Criminal Trespass/Burglary (Section 457 To 2605

460 IPC) (Total)

Table 3: Juveniles Apprehended under IPC and SLL Crimes by Age Groups & Sex During 2015

S.no. Types of crime Below 12  –  16- 18 Total

12 years 16 years
years

1 Murder (Section 302 13 283 796 1092

IPC)

2 Attempt to commit 10 342 1008 1360

murder (Section 307
IPC)

3 Culpable Homicide 1 15 25 41
not amounting to
murder (Section 304
IPC)

© 2018 The author and GRDS Publishing. All rights reserved. 1375
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

4 Attempt to commit 0 24 65 89
Culpable Homicide
(Section 308 IPC)

5 Rape (Section 376 14 490 1337 1841

IPC )

6 Kidnapping and 11 288 1209 1508

Abduction

7 Dacoity 0 45 256 301

8 Robbery (Section 392 22 431 1385 1838

To 394, 397 And 398
IPC)

9 Criminal 81 1288 2263 3632

Trespass/Burglary
(Section 457 To 460
IPC) (Total)

Table 2 shows number of cases registered all over India for the juveniles under various
crimes under different heads of IPC during the year 2015. These figures are pretty alarming.
Table 3 shows the figures for Juveniles Apprehended under IPC and SLL Crimes by Age Groups
& Sex during 2015 under different age categories. It is evident that involvement of juveniles in
the age group of 16- 18 years is very high.
Various reasons can be cited for this rise in juvenile delinquency. According to the
 psychiatrists and women right activists, easy access to pornography and changing food habits can
 be attributed as a cause for this change in behavior of juveniles, who show rising invo lvement in
sexual offences (Alok K. N. Mishra, 2013). It has been pointed out in the same discussion that
the youngsters are not able to control their biological impulses prompted by hormonal changes.
There are more rape cases in urban areas than in rural areas, as the societal control in the former
(cities) have weakened. This can be seen in the table 2 on various categories of crimes
committed by juveniles- a staggering 1841 number of cases of rape charges, the highest in all
types of crimes committed by the youth in year 2015.
Certain other reasons are cited in discussion on this rise in juvenile delinquency.
According to DNA (an English Broadsheet daily published from Mumbai India) correspondent,
the weakening social ties at community, peer and family level in India is responsible for this

© 2018 The author and GRDS Publishing. All rights reserved. 1376
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

rising trend of juvenile crimes. The family as a basic unit of human society is specially getting
weaker in urban areas, with lesser family control on children. The community networking and
involvement in affairs of individual members has also become slack. Peers groups are becoming
less active, with the youth mainly spending time indoors watching television, or playing games
on mobiles or computer. The games involve lot of plots of violence, killing others etc, which
instills violence as normal in the young minds. The mind of the youth is place where lot of
information keeps gathering. There is no way to filter this information and tell the youth what
information is correct or what is not. Further, these days children fewer options of venting out
their frustration and negativities, leading to pent – 
pent –  up
 up teenage aggression.

8. Need for Amendments in Juvenile Justice Act

Due to this trend, legal definition of child under Indian legal system came under question.
Malvika Tyagi (2016) also feels that with trend of involvement of juveniles in violent crimes in
India, state intervention is required in terms of making amendments and in terms bringing in new
legal provisions. The new Juvenile Justice Act of 2015 took into cognizance the involvement of
 juveniles in heinous crimes and brought out some amendments. Under the new legal provisions,
if a child of 16 years or above commits a heinous crime, a preliminary assessment of his mental
and physical maturity will be made by the Juvenile Justice Board. Level of maturity will be
matched to his capacity to commit such an offence, his ability to understand the consequences of
his offence and the circumstances in which he allegedly committed the offence.
The Juvenile Justice bill was introduced in the Lok Sabha in 2014, after it was felt in the
 post- Nirbhaya case that some action has to be taken against the increasing involvement of
 juveniles in the age group of 16 to 18 in heinous/ serious crimes. The serious crimes have not
 been in the Indian Acts per se, but they may be taken to mean the category of crimes which
would entail imprisonment for 7 years or more for adults. It was felt that JJ Act 2000 was flawed
with implementation issues, and the new bill intended to close these loop holes.
The bill introduced concepts from Hague Convention on Protection of Children and
Cooperation in Respect of Inter-Country Adoption 1993. It was laid down under the bill of 2015
that the Juvenile Justice Board will decide whether a juvenile offender in the age group of 16 to
18 years should be treat as an adult. Those juveniles who commit heinous crimes such murder
and rape (which invite punishment of 7 years or more) should be treated as adults. However, if
the Board decides, the juvenile can be sent for rehabilitation.

© 2018 The author and GRDS Publishing. All rights reserved. 1377
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

The earlier Acts dealing with Juvenile Justice in India have had serious implementation
issues (Ved Kumari, 2010) - the Bill (which became an Act) sought streamline the adoption
 process of orphaned and abandoned children. Through the 2016 Act, foster care has been
introduced, under which families can take up responsibilities of juveniles in conflict with law, or
the orphaned or abandoned children.
The Act has made it mandatory for all states in India to set up Juvenile Justice Board and
Child Welfare committee in each and every district, with at least one woman member on board.
It also laid down that when any child is found committing a crime, he will be first sent for a
 preliminary assessment of child’s capacity to commit crime (Here assessment is not same as
trial).
The JJ Act has paid lot of attention to preventive measures in controlling juvenile
delinquency. Keeping in mind the weakening family and community control on individual
members, the Act has emphasized on the role of family in controlling juvenile delinquency
(Prakash Haveripet, 2013). Family is the most fundamental structural and functional unit of
society. According to the Act, family plays a very crucial role in taking care, nurturing and
 protecting the children. Thus, the children are groomed to become responsible members of
society. The family keeps the children away from bad habits, such as substance abuse, watching
 pornography etc.

9. Conclusion
The Juvenile Justice Act of 2016 can be seen as a very progressive step of the Indian
government towards keeping pace with changing trends in juvenile crimes. The bold step under
the Act on treating the juvenile offenders found guilty of committing heinous crime as adults,
subject to the observations of the Juvenile Justice Board. The Justice Verma Committee took a
stand against the lowering of age of juveniles in conflict with law. It was observed in the report
that “Any attempt of reducing the age of juvenility, or excluding certain children from the
 purview of the Juvenile Justice (Care and Protection of Ch ildren) Act 2000 on the basis of nature
of the offence and age, will violate guarantees made under the Constitution and international
instruments, the United Nation Convention of Rights of the Child (UNCRC)”
(UNCRC)”.
But the Suprme Court in India took a stand contrary to the suggestions and warnings of
the Committee. It was argued that the age of 18 years was fixed because of the expert notion of
 psychologists that children/ juvenile up to this age are malleable and can be reformed through

© 2018 The author and GRDS Publishing. All rights reserved. 1378
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

redeeming and restoring techniques. It was then argued that putting them with adult criminals
would re-socialize them into the world of crime and convert them into hard core criminals. The
Indian courts keep this fact in mind when dealing with offenders who are not habitual criminals.
The judges don’t want to burden the jails with criminals.
However, when the latest trends in juvenile delinquency in India are analyzed, in respect
of the age pattern and nature of offences committed, it appears that we need to review and amend
our juvenile justice policy (Shivani Goswami and Neelu Mehra, 2014). The same kind of trends
appeared in US and UK, with peaking of heinous crimes committed by the juveniles in the age
group of 16 to 18 years (McDowell, L. Gary, Smith, Jinney, 1999). US came up with a change in
its juvenile justice policy, with a shift from restorative to retributive methods. The same applies
to UK also. Here, a person under 18 years is tried by the youth court normally, but in instances of
serious offences, the case can be transferred to the Crown court.
In India, it is indicated from the crime trends that existing laws (prior to 2016) were not
 proving to be a deterrent. The constant exposure of children to violence and lack of
understanding about the consequences of crime committed makes them quite prone to delinquent
tendencies. The problem gets worsened in absence of some adults in role of responsible
guardians to give them and help them in filtering the information that comes to them through
various sources.
In the face of fast pace of industrialization and globalization, the self-control and parental
control that was earlier sufficient to prevent individuals from committing offences has become
weak. The primary socialization that functioned through groups such as family, peer groups,
traditional neighbourhood ties, close kin circles is fast becoming ineffective in Indian society.
All this has lead to present trends in juvenile
juve nile delinquency.
It is to be kept in mind that the legal sub- system is a part of the larger social system. Any
change in the larger whole, that is the society necessitates changes in the constituent parts or the
smaller sub- sub systems. Thus, when changes are occurring in the society at a fast pace, the
legal system has to go in sync with the society. The Juvenile Justice (Care and Protection) Act
2015 has brought these changes.

10.Suggestions
10. Suggestions
Some suggestion can be made to deal with the issue of Juvenile Delinquency in India.
Though Indian government has been making lots of efforts to deal with the problem, and has

© 2018 The author and GRDS Publishing. All rights reserved. 1379
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

taken progressive and bold steps in this direction, more effective measures are required with
respect to implementation. It has been found that though various provisions for juvenile justice
have been laid down, they are followed properly. For instance, the members of the Juvenile
Justice Board should be trained in child psychology and should be sensitized in child related
matters, more often they are incompetent in this area.
There are provisions for Special Police unit for dealing with Juveniles at every police
station. In reality, these special units are not functional. So, when there are cases of juvenile
delinquency or when neglected children are taken to police, the police department is not able to
handle the cases in expected manner. The police personnel are not very sensitive to the issues
that come up.
It is suggested that strong steps are taken to make effective implementation of the laws
 pertaining to Juvenile Delinqunecy, so that we are able to deal with the problem in a holistic
manner.
It is also important to monitor the functioning of Observation Homes and Shelter Homes.
These special places meant for reformation of the juveniles/ children often become breeding
grounds for more offences. Rather than effectively handling the problem and counselling the
inmates, these places create atmosphere for resocialization of the juveniles into criminal/
delinquent world. Instances of inmates of Observation Homes indulging in serious offences are
quite many. For reformative and rehabilitative measures, it’s 
it’s  important that the situation is
handled very tactfully.
Community participation and sensitization in matters related to juvenile delinquency is
very important. In the administration of Juvenile Justice, preventive measures are very important.
For this, if people in society are sensitized about issues of neglected children and children living
in difficult situation, they can play important role in rehabilitation. Some informal bodies like
registered Residential Associations in different areas can be involved to report matters of
 juveniles who indulge in deviant behaviour,
behav iour, or whose behaviour cannot be controlled effectively
 by the parents.
It has been reflected earlier in this paper that families are important agents of social
control and socialization. So families, along with other primary groups in society can be more
effectively involved in preventive measures.

© 2018 The author and GRDS Publishing. All rights reserved. 1380
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

This article has been based on doctrinal research, but the author intends to take the
research at the level of empirical data collection and provide a rich data base for further analysis
of the problem of juvenile delinquency.

References
Apprentices Act 1850
Bhattacharya, S K. (2000)  Juvenile Justice: An Indian Scenario,
Scenario, New Delhi, Regency
Publications.
BRANDT, David (2006) Delinquency , Development, and Social Policy.
Policy. London, Yale
University Press.
CHOUDHARY, R N (2005)  Law relating of juvenile justice in India.
India. Allahabad, Orient
Publishing Company
Chung, Le Hen, and Lawrence Steinberg (2006) “Relations Between Neighborhood Factors,
Parenting Behavior, Peer Deviance and Delinquency Among Juvenile Offenders”
Offenders”.
Development Psychology. March 42 (2): 319- 331 https://doi.org/10.1037/0012-
1649.42.2.319
Code of Criminal Procedure (Amendment) Act 2010
Cloward, R. and Ohlin, L. (1960). Delinquency
(1960). Delinquency and Opportunity.
Opportunity. NY: Free Press
Cohen, A.K. (1955) The Delinquent Boys Glencoe,
Boys Glencoe, The Free Press
Crime in India. (2014). National Crime Records Bureau, Ministry of Home Affairs,
Government of India, New Delhi.
Crimes in India, National Crimes Record Bureau, Ministry of Home Affairs, 201 5
Dey, Mousumi (2014). Juvenile Justice in
in India. International
India. International Journal of Interdisciplinary and
 Multidisciplinary Studies. 1
Studies. 1 (6): 64-70. Available online at http://www.ijims.com
Ghosh, Dwaipayan (2013) “100
“100 Juveniles Booked for Murder, 63 Held for Rape”,
Rape”, The
 The Times of
India. June 14, page 4
Goswami, Shivani and Neelu Mehra (2014). Juvenile Justice Systems in United States and India:
Modern Scenario and Much Needed Modifications.  Journal of Law and Criminal Justice
Government of India. The Apprentices Act, New Delhi, Publication Division, 1850.
Government of India. The Reformatory School, New Delhi, Publication Division, 1876.
Hansaria, V and Jose P. (2011)  Juvenile Justice System,
System, Delhi. Universal Law Publishing
Company Pvt. Ltd.

© 2018 The author and GRDS Publishing. All rights reserved. 1381
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

Haveripet, Rakesh. (2013) “Causes and Consequences of Juvenile Delinquency in India”

India”. Recent
 Research in Science and Technology.
Technology. 5 (3): 29-31
Hirschi, Travis and Michael Gottfredson (1983) Age and the Explanation of Crime. The
 American Journal of Sociology,
Sociology, 89 (3), 552-584. https://doi.org/10.1086/227905
Justice Verma Committee Report, 2013, http://www.nls.ac.in/ccl/cclpositionpaper.pdf .
Juvenile Delinquency. (2003) World Youth Report. 189- 211. Available at www.un.org
Knoester, Chris and Dana L. Haynie, (2005) Community Context, Social Integration into Family,
and Youth Violence.  Journal of Marriage and Family 67 (3): 767-
780 https://doi.org/10.1111/j.1741-3737.2005.00168.x
Kumari, V. (2004) The Juvenile Justice System in India: From welfare to Rigths,
Rigths, India, Oxford
University Press
Maruf, Mohammad Muntasir, Farzana Rhaman et al (2015)
(2015) “Socio-
“Socio- Demography, Substance
Abuse and Offence Among Inmates with Psychiatric Disorder in Female Juvenile Center,
Bangladesh”.  PEOPLE: International Journal of Social Science.
Science. 1 (1): 500- 508
McDowell, Gary L., Smith, Jinney (eds) (1999)  Juvenile Delinquency in the United States
S tates and
the United Kingdom. U.K. Palgrave Macmillan. https://doi.org/10.1007/978-1-349-
27412-3
Miller, Walter B. (1958) Lower
(1958)  Lower Class Sub-
Sub - culture as a Generating Mileu of Gang Delinquency.
Journal of Social Issues, 14, 5-19. 1958 https://doi.org/10.1111/j.1540-
4560.1958.tb01413.x
Mishra, Alok K. N. (2013). Juvenile Delinquency on the Rise. Times of India. July 13. Available
on timesofindia.indiatimes.com
Ombato, John Onyango, Gerald O. Ondick et al (2013) “Factors Influencing Youth Crime”.
 International Journal of Research in Social Sciences. March, 1 (2): 18- 21
Reformatory School Act, 1897
Ren, Ling, Hangowel Zhang et al (2016) “Delinquent
“Delinquent Subculture and Juvenile Offenders’
Attitudes Towards Police in China”.
China”.  Police Quarterly. 19 (1): 87-
110 https://doi.org/10.1177/1098611115604450
Speak-up Report. (2013).
(2013). “Rise of Juvenile Crimes: Time to Recheck Social Moral Fiber ”.
”. DNA.
Available at dnaindia.com
The Juvenile Justice (Care and Protection of Children) Act, 2015. New Delhi,

© 2018 The author and GRDS Publishing. All rights reserved. 1382
Available Online at: https://grdspublishing.org/ 
PEOPLE: International Journal of Social Sciences
ISSN 2454-5899

Tyagi, Malvika, (2016) Analysis

(2016) Analysis of Juvenile Crime,
Crime, Economic and Political Weekly, 51 (51): 17-
21
United Nations Convention on Rights of Child, 1989
Williams, K. S. (2012) “Criminology”, U. K.,
K., Oxford University Press.

© 2018 The author and GRDS Publishing. All rights reserved. 1383
Available Online at: https://grdspublishing.org/