Why Is the Juvenile Court System Inundated With Cases Literature Review

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In this article, Anmol Singh Khanuja, pursuing a Document in Advanced Criminal Litigation & Trial Advocacy, and Purti Vyas discuss the Juvenile Justice System in India.

Introduction

A Latin maxim that suits best for the Juvenile Justice organisation in Bharat is 'Cipher Novi Spectrum' which implies that nothing is new on this globe. There has existed a presumption in the whole world since the ancient period that the Juveniles should be dealt leniently considering there exists a organization of thought that says– Young folks generally have a habit to answer in a serious and prolonged frustration which is accompanied with ambitious approaches.

In the final few years, it is also observed that the crimes done past children under the age of 15-sixteen take increased significantly. The general tendency or the psychology behind the delivery of the criminal offense or the causes of crime are early-life experiences, dominant masculinity, upbringing, economic havocs, lack of education, etc. It is a thing of ignominy that the children under the age of half-dozen-x are nowadays used every bit instruments for carrying out unlawful or illegal activities. Since the minds of the kids possess an innocent and manipulative character, they tin be lured at a meagre toll.

To know more than aboutintroduction and overview of the Juvenile Justice Care and Protection Human action, 2015, please scout the video beneath:

Prior to the Juvenile Justice Act of 2015, 2000 and 1986, there existed the Children Deed of 1960 that aimed to give furnishings to the international responses towards the issue of Juvenile Justice by which they provided a compatible policy that protected the interests and rights of a Juvenile and that looked at care, treatment, rehabilitation and development of a child per se.

But with the recent developments in the international community and subsequent emergence of the involvement of Juveniles in criminal offence, the Indian lawmakers are compelled to come up forwards with new, progressive, and stricter laws for the concerned Juvenile organization in the country. As a upshot, the Juvenile Justice human activity of 1986 then Juvenile Justice act of 2000 and recently the Juvenile Justice human action of 2015 was passed by the Parliament.

In one case erstwhile Chief Justice of Bharat, Justice V.G. Krishna Iyer stated that we demand penal code because the child is the male parent of a man and if we're neglecting the underdevelopment in children, then we would exist guilty of many faults and errors related to abandoning our children.

In the last few decades, the criminal offense rate by the children under the historic period of 16 years has increased. The reason of increasing law-breaking rate is may be due to the upbringing environs of the child, economic conditions, lack of education and the parental care. These are the some of the basic reasons. And the about disappointing part is that, children (especially nether the historic period grouping of 5 to 7 years) at present a days are used equally tool for committing the criminal offense as at that this stage their listen is very innocent and can hands exist manipulated.

The frightful incident of "Nirbhaya Delhi Gang Rape Example"[ane],on December 16, 2012 shocked the whole nation and many debates were started amidst legal fraternity and socialists. The main reason and issue of the contend was the interest of accused, who was simply 6 months short to attain the historic period of 18 years. The involvement of the accused in such a heinous crime of rape forced the Indian Legislation to introduce a new law and thus, Indian Parliament came up with a new law which is known as " Juvenile Justice ( Intendance and Protection), 2015.

The Introduction of the Human action has replaced the existing juvenile laws and has introduced some remarkable changes. 1 of the remarkable changes is juvenile under the age grouping of 16 to 18 years should be tried equally an adult.

Definition of Child and Juvenile under the Juvenile Justice Act, 2015 and other various laws

Generally, a "child" ways a person who has non attained the historic period of 18 years and is not mature to sympathize that what is right and incorrect. In modern era, the penal laws of most countries have adopted the principle of ' doli incapex'[2], which ways of knowing that act there are committing is a criminal offence. The penal laws likewise states that  But child between the historic period of seven to twelve age can be bedevilled, provided that, the act they have committed is a heinous crime and they accept noesis and has attained the sufficient knowledge to sympathise the consequences of their act.

According to sub-section 12 of Section 2 of The Juvenile (Care and Protection) Act, 2015 a "child" means a person who has not completed eighteen years of age. The Deed classifies the term "child" into ii categories: –

• "kid in disharmonize with law" [iii], and
• "child in need of intendance and protection"[4].

The child who has committed an offence and he or she is nether the historic period of 18 years on the engagement of commission of the offence is basically called every bit " child in conflict with police". The second sub – category is " child in demand of care and protection"  means a kid advertizing defined under Department xiv of the Act.

• Children Human action, 1960:Section ii(e) of the Act states " child" means a male child who has not attained the age of sixteen years or a girl who has non attained the age of xviii years.[v]
• United Nations Convention:The UN  Convention on the Rights of Child, 1989 defines that "child" means a human being below the historic period of eighteen years unless the law declaration applicative to child, majority is attained earlier.[6]

Difference between Juvenile and Child

A person nether the age of full legal obligation and responsibility is a minor or a person who is below the legal historic period of eighteen years is pocket-sized. A child being defendant of a crime is non tried equally an developed and is sent to the Kid Care Centre whereas juvenile is a person between the historic period grouping of sixteen and eighteen years. A young person who is been accused of crime is a juvenile offender and is tried every bit adult in court proceedings.

In general sense both the term has same meaning but nevertheless departure lies in context of implications in the eyes of law. Modest implies young and teen persons whereas  juvenile either indicates immature person or young offenders.

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International Concerns for Juvenile

The General Assembly of the United nations adopted the Convention on the Rights of the Child on 20^th November, 1989 which prescribe a prepare of standard to be adhered to by all the States parties in securing the best involvement of the kid.[7] The International instruments and conventions take contributed considerably to the issue of child rights and prevention of child corruption.[eight]The International bodies similar United Nations and UNICEF accept ever paid more emphasis on the development of Child.

Following are the International Instruments and Conventions that are signed by all u.s. of UN in gild to protect the rights of Children:

1. UN Standard Minimum Rules for the Assistants of Juvenile Justice (Beijing Rules)
2. Un Guidelines for the Prevention of Juvenile Malversation (Riyadh Guidelines)
3. UN Rules for the Protection of Juvenile Deprived of their Freedom (Havana Conventions)
4. Guidelines for the Action on Children in Criminal Juvenile Arrangement (Vienna Guidelines)

Juvenile Justice Arrangement in U.K.

For the first time in 1908 Juvenile Courts were established in England nether the Children Act, 1908. The primary duty of these courts was to provide proper intendance and protection to child and young offenders and take all the necessary steps to remove all undesirable surroundings around the offenders and to ensure reformation of the offenders by providing education and preparation.

1. The Children and Young Offenders Act, 1933 confers the civil powers on the Juvenile Courts in certain of import cases to look into thing. The Act also provides that any kid[nine] and young person[x] who accept committed the crime should be tried in Juvenile Courts but. The Act likewise provides the establishment of Remand Homes.[11]
2. United kingdom Legislation also came with the new Human activity that also deals with Rights of Juvenile Offenders. The Human action came to know as The Criminal Justice Act, 1948, the act provides certain class of security to young offenders past sending them to remand homes.

Juvenile Justice System in U.S.A.

The working of Juvenile Courts in  U.S.A.  is relatively less complex and easier every bit compared to the other nations. The courts of UsaA. follows the informal way in the process of trial of offender. At the first stage, the law officer in the accuse of the instance has the full discretion power either to keep the juvenile offender in the child custody or to immediately release him or to admonish the offender or to do the both. In the 2nd phase police force officer take to contact the Juvenile Courts to make them enlightened about the case and to have the matters into their hands.

Juvenile Offenders after the trial in court is being sent to Certified Schools or to the Children Homes if the lodge is passed by the court. According to the Juvenile Justice System in U.S.A. a juvenile is tried as an adult simply in those cases where the age of the juvenile is close to adulthood every bit per the statutory provisions or whatever juvenile offenders who is found to exist involved in repeated offences and is proved danger to the order.

History of Juvenile Justice System in India

In present era, a motion for the special treatment of juvenile offenders has started throughout the earth including many adult countries like U.K., U.S.A. This movement has been started around the 18^th century.  Prior to this, juvenile offenders were treated as same as other criminal offenders. And for the same reason, General Assembly of Un has adopted a Convention on the Rights of Child on xx^th 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 Human action, 1986   and to brand 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 Human action, 1960, aimed at giving event to the guidelines contained in the Standard Minimum Rules for the Administration of Juvenile Justice adopted by the U.N. countries in November 1985.[12] The above mentioned Human activity consisted of 63 Sections, vii Chapters and is extended to whole India expect to the Country of Jammu and Kashmir. The primary purpose of the Act was to provide intendance and protection, treatment, development and rehabilitation of the neglected juvenile delinquent. The main objectives of the Act were:

1. The act basically laid downwardly uniform framework for the juvenile justice in country in such a mode that it protects the right and interest of juvenile.
2. Information technology talks about the machinery and infra – structure for the care, protection treatment, evolution and rehabilitation of the juvenile offenders.
3. It set up out the basic provisions for the proper and fair assistants of criminal justice in instance of heinous offense done by juvenile offenders.

Juvenile Justice Human action, 2000

The Act was enacted in  year 2000  with 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 contempo years and frightful incident of  " Delhi Gang Rape Case" has forced the law makers to come with the law. The major drawback of the Act was that information technology contains ill equipped legal provisions and malfunctioning juvenile system was also the major reason in preventing the juvenile crimes in India. The human activity was replaced soon by The Juvenile Justice( Intendance and Protection) Human activity, 2015.

Nowadays Juvenile Justice Arrangement in India

Like the other countries, India had also made legal provisions that peculiarly and specifically deals with the rights and protection of juvenile offenders which seeks to tackle the trouble of juvenile delinquency. The Juvenile Justice System in India is made on the ground of three main assumptions:-

1. young offenders should non exist tried in courts, rather they should exist corrected in all the best possible ways,
2. they should not exist punished by the courts, but they should get a risk to reform
3. trial for child in disharmonize with law[13] should be based on non-penal treatment through the communities based upon the social command agencies for e.g. Observation Homes[14]  and Special Homes.[15]

Juvenile Justice Act, 2015

The Juvenile Justice act of 2015 replaced the Juvenile Justice act of 2000 because there existed a need for a more robust and effective justice system that focused on deterrent equally well as reformative approaches. The approach towards Juveniles should exist different from that of adults, there were contentions made in the Parliament that the Juveniles should exist given more than space for transformation or reformation or comeback and that is only possible when in that location's a special justice system. Thus, the new deed i.e. the Juvenile Justice (care and protection of children) Act, 2015 focused on a Juvenile friendly approach of adjudication and disposition of matters.

Some of the salient features are as follows:

• Section two (12) of the Juvenile Justice (care and protection of children) Act, 2015 gives the definition of the Child, significant thereby that a child is a person who hasn't completed the age of xviii i.east. he/she is below 18. The Deed has given a classification regarding the term 'Child' namely "Child in need of care and protection" and Section 2 (13) of the Juvenile Justice (care and protection of children) Deed, 2015 that talks about "Child in conflict with police force".

• At that place was a clear distinction made regarding the facets of offences, meaning thereby that categories were fabricated terming the offences as heinous, serious and little. At that place have been specifications fabricated regarding the Juveniles who are between the age of sixteen-18, if any kind of crime is committed by them then later due perusal of their mental capacity, they can be tried equally an adult.

• Introduction of Juvenile courts, meaning thereby that special courts were to be established that will be trying the Juvenile offences simply, like that of the NDPS courts, courts dealing with POCSO, etc.
• With the coming of the 2015 Act, the scope of the definition of 'Child in need of care & protection' was enhanced to another level past considering the following points from the many mentioned in Department 2 (14) of the Juvenile Justice (intendance and protection of children) Act, 2015:

1. 1. Those whose guardians or parents are/ were unfit or uninterested in taking care of the child.
   2. Those who are/ were found performing works that are in contravention to the labor laws.
   3. Ones who have the imminent threat of marriage earlier attaining the specified lawful age.
   4. The significant of adoption has also been specified in the Human activity through which the rights an adopted child stands recognized.

The aims to consolidate the laws relating to children alleged and institute to be in disharmonize with law and children in need of care and protection past catering and considering their basic needs through proper care& protection, development, treatment, social- integration, past adopting a child friendly arroyo in the adjudication and disposal of matters in the best involvement of children. The act besides focuses on rehabilitation of juvenile offenders through various child intendance houses and institutions. The most important subjects of the Act are as follows:-

Claim of Juvenility

The very showtime and near debatable question amidst the legal fraternity and socialists is the "claim of juvenility". The claim of Juvenility is to be decided by Juvenile Justice Board. The Board has to decide the claim of juvenility before the court proceedings but the claim of juvenility tin can be raised before the court at any stage of proceedings and even after the disposal of the matter by the Board. The Lath had to consider Dominion 12 of the Juvenile Justice Rules, 2007 in social club to determine the claim of juvenility. In case of KulaiIbrahim v. State of Coimbatore [16]  it was observed by the Court that accused has right to raise the question of juvenility at any indicate of fourth dimension during trial or even after the disposal of the case under the Section ix of Juvenile Justice Deed, 2015.

In example of Deoki Nandan Dayma v. State of Uttar Pradesh[17] the courtroom held that entry in the register of school mentioning the date of nascence of pupil is admissible evidence in determining the historic period of juvenile or to testify that whether the accused is juvenile or child.

Over again in the case of  Satbir Singh& others five. State of Haryana,[xviii] Supreme Court again reiterated that for the purpose of determination whether defendant is juvenile or not, the date of nativity which is recorded in the schoolhouse records shall be taken into consideration by Juvenile Justice Board.

In instance of Krishna Bhagwan v. State of Bihar[19]  the court stated that for the purpose of trial under Juvenile Justice Board, the relevant appointment for the because the age of juvenile should be on which the offence has been committed.

But later in instance of Arnit Das v. State of Bihar[20] , the Supreme Court overruled its previous decision and held that date to decide in  claim of juvenility should be the appointment on which the defendant is brought before the competent potency.

Juvenile Justice Lath

There shall be a constitution of Lath for the purpose of inquiry and hearing in the matters of juvenile in disharmonize with police force.[21]

The Board shall consists of Master Magistrate and 2 social workers, among whom 1 should be a women.[22]The Act provides that under no circumstances the Board can regulate and operate from regular courtroom premises. The determination taken by the Main Magistrate shall exist last.[23],

Special Procedure of Juvenile Justice Board:The Human action has provided the process against the juvenile offender. Following are the master special process –

1. The proceedings cannot exist initiated on a complaint registered by the police or citizen
2. The hearing must be breezy and should be strictly confidential.
3. The offenders should be kept nether Observation Domicile after detention.
4. The trial of juvenile in conflict with police force shall be conducted by lady Magistrate.
5. A kid in conflict with law may be produced before an individual member of the Board , when Board is not sitting.[24]

Causes of Juvenile Delinquency

Researches and Studies shows that they are various causes of juvenile malversation in Bharat. Every person has dissimilar behavioral patterns so as in case with children also. The behavior patterns develop in early childhood and at early stage it is very hard to identify any kind of behavior. But as soon as, child grows up comes out to existent earth, behavior patterns changes from time to fourth dimension and many circumstances or situation may arose the runaway beliefs in them. Following are some of the causes of Juvenile Delinquency:-

1. Adolescence Instability- The biological, psychological and sociological are i of the of import factors in the behavior pattern of adolescent. At this stage, teenagers go more witting about their appearances and fashions, enjoyment, food, play and etc. And at this historic period, they want freedom and they wanted to be independent but sometimes they are given any chances and oppournities by their parents, teachers and elders this leads to development of anti – social beliefs in them. Thus, this anti – social behavior, biological changes, psychological causes are some of the reasons which are responsible for juvenile delinquency.
2. Disintegration of Family unit Organisation- Disintegration of family system and laxity in parental command is also the main cause of increasing rates of juvenile delinquency. In normal cases divorce of parents, lack of parental control, lack of love and affections are the major factors of juvenile delinquency.
3. Economical status and Poverty-  Poverty and poor economic condition is also considered has major contributing cistron of increasing juvenile crimes as issue of poverty, parents or guardian fails to fulfill the needs of the kid and at the same time children wants that their desires should be fulfilled by parents by hook or by cook and when their desires are met they start themselves indulging in stealing money from homes or any other parents. And this develop habitual tendency of stealing which results into theft at large scale.
4. Migration- Migration of deserted and destitute juveniles' boys to slums areas brings them in contact with some anti – social elements of society that carries some illegal activities similar prostitution, smuggling of drugs or narcotics etc. These sorts of activities attract the juvenile a lot and they may involve themselves in such activities.
5. Sex activity Indulgence- The children those who have experienced sexual activity assault or whatever other kind of unwanted physical set on in their early childhood may develop any kind of repulsiveness in their behavior and mind. In this historic period they may become more vagrants or may desire to take sex experience. As well much of sexual activity variance may lead the boys towards the crime of kidnapping and rapes etc.[25]
6. Modern Life Fashion-  The chop-chop changing society patterns and modern living mode, makes it very difficult for children and adolescents to suit themselves to the new means of lifestyle. They are confronted with problems of culture conflicts and are unable to differentiate betwixt right and wrong.[26]

Juvenile Justice and Constitution of India

The Constitution of India is consider every bit the fundamental law of India. Constitution provides rights and duties of citizens. Information technology also provides provision for the working of the government machineries. Constitution in Part III has provided Fundamental Rights for its citizens in the aforementioned manner in its Role IV information technology has provided Directive Principles of Country Policies (DPSP) which acts as general guidelines in framing government policies. Constitution has provided some basic rights and provisions especially for the welfare of children. Like: –

1. Right to gratuitous and compulsory elementary education for all the children under the age of  6 to 14 years. (Article 21A)
2. Correct to be protected from any hazardous employment under the age of fourteen age. (Article 24)
3. Correct to be protected from being abused in any form by an adult. (Article 39(east)).
4. Right to be protected from human trafficking and forced bonded labour system. ( Commodity (Article 39)
5. Right to be provided with practiced nutrition and proper standard of living. (Article 47)
6. Article xv(three) of the Constitution of India provides special powers to Country to brand whatsoever special laws for the upliftment and the betterment of children and women.

Therefore, the constabulary makers while drafting the Juvenile Deed, 2015 has consider all the necessary provisions laid down past the Constitution and then that child's rights are protected in all the possible ways.

This is for the aforementioned reason that  Chapter IV of the Act lays down the provisions for betterment of the juveniles and has focused on the Reformation and Rehabilitation of Juveniles in all the possible circumstances.

Criminal Justice (Reformative or Punitive) and Juvenile

Juvenile Justice is a legal framework which defines justice for juvenile under the Indian Legal System.  The system is giving a special treatment and protection to juvenile malversation. Juvenile Malversation means a crime committed by youth who is under the age of 18 years. At nowadays, anybody knows that there is an increasing rate of juvenile crimes and this increasing charge per unit is creating a debatable upshot of age determination. Age determination is considered equally i of the almost of import factor to determine the maturity level of the accused. The increasing offense rate is raising a question that whether the juvenile can exist tried every bit an developed or not? The act itself reply to the question that no juvenile offender who comes under the definition of  " child with conflict with law" as divers under sub – department  13 of  Section 2 of the Act shall not exist tried equally adult and shall sent to Kid Care Center or any Rehabilitation Eye (till the offender achieve the age of 21 years and so he or she may shifted to the jail or prison).

Thus, the present Juvenile Law in Republic of india, considers Age Determination every bit paramount importance to find out whether the offender falls nether the purview of Juvenile Justice Act.

Co-ordinate to the Deed, the maximum tenure of penalization which can be given to the juvenile offenders is 3 years and this penalization is valid for heinous crime besides. In case of an adult offender, the maximum penalty which can be given is 7 years or life imprisonment or decease penalty. But, the Act, in case of juvenile offenders believe on Reformation of juvenile every bit much equally possible. The reformation type of punishment nether the Deed includes: – Sending juvenile to Rehabilitation Centers, Juvenile Schools or making them involve in various program headed by government or NGO'southward.

In the present scenario, there is no need to requite such a pocket-sized kind of penalization for a heinous and harsh offence just because of Age decision or Age factor. Rape is Rape, one can't walk way taking a plea of age factor or mental incapacity or mental unfitness.

Thus, the existing law in the name of Age determination or Historic period Consent, is non creating a deterrent effect on the anti – social behavior of youth. Juvenile offenders are in believe that committing heinous crime is no event as they will get away very little or no penalization in name of reformation.

Adopting of reformative theory of penalisation by police, is giving an undue advantage to juvenile to perpetuate their power to commit criminal offense without facing any harsh consequences. Reformation is good but not e'er. If law is talking about reforming the juvenile offenders so that they can accept a better life in time to come so law should also talks near the rights of the victim. Justice must exist given to the victim. The theory of reformation is helping juvenile to reform but information technology is not helping the victim at all.

The present juvenile system in India is created on believe that juvenile offenders tin be reformed and rehabilitated, sending them to confined or prisons will going to reaffirm their status and identity as  "criminals". Now the question arises is that there is no guarantee that juvenile offenders will become reformed and will not show their anti – social behavior over again.

The human activity is totaling focusing on the reformation rather than penalization. Penalization will definitely will create a deterrent upshot on the juvenile and increasing charge per unit of criminal offence by juvenile will slow down.

What is the doctrine of 'Doli Incapax'

Ane amidst the important principles of Criminal Jurisprudence is the doctrine of 'Doli Incapax', which enunciates the criminal liability of the Juvenile. When this doctrine is applied and interpreted with regards to the Indian Laws, the effect information technology gives is that no Juvenile under or of the age of vii years should be prosecuted for the commission of the crime.

The doctrine of 'Doli Incapax' means the incapability of committing a criminal offence. It finds its footing on article twoscore (3) (a) of the United Nations Convention on Rights of Child, that states that every land must mention the minimum age for the children who should be exempted from any kind of criminal liability because of their inability to decipher the nature and consequences of the act.

For Juveniles falling nether the historic period of 8 to 14 years, the prosecution has the liability to bear witness the offence of the concerned child.

The main aims of this doctrine can exist elucidated in the post-obit points:

• A child should exist protected from the gravity of punishment inflicted upon him to his deed. A reformative arroyo should be adopted to brand the child overcome his paranoia.
• A child that belongs to the historic period group of beneath 7 years, doesn't possess the mental capacity to clarify the consequences of his acts, he/ she may lack the cognition likewise every bit the intention to commit a crime and mere 'actus reus' cannot be a ground for prosecution unless accompanied with 'mens rea'.

Penal provisions and related judgements:

• Section 82 and 83 of the Indian Penal Code, 1860 talks specifically nearly the exemption from prosecution of the Juveniles.
• The Supreme Courtroom in the case of Kakoo V. Land of Himachal Pradesh reduced the penalty of a 13-year-old boy who had raped a ii-year-old girl. The courtroom took into consideration sec. 83 and 84 of the IPC that Juveniles can't be treated as that of the adults. Thus, it is a very well-settled law that while dealing with the Juveniles the court should consider reformative and humanitarian approaches.
• But in the case of Heeralal 5. State of Bihar , a kid threatened an developed that he'll chop him into pieces and afterwards the kid stabbed a person till his decease. He was sentenced by the trial court with a reasoning that the child was mature enough to understand the ramifications of his human action. The Supreme Court likewise dismissed the petition.

What function does the Police force play

The Police in the Juvenile Justice System are known to exist the gatekeepers, meaning that they are the ones who have the ability to make initial decisions regarding how the example would be handled. The gatekeepers enjoy a huge amount of discretion, every bit a effect, only a few cases come up from the plethora of acts committed and this is once again a great matter of ignominy.

If a piece of data is received by the Police officer, then it is a provision that they should be kept in special homes and non lockups or jail, the affair is to exist dealt with past a child welfare officer, who'll be reporting things to the Juvenile Justice board. In some of the cases, it is besides observed that the Police officer may on prima facie facts & circumstances grant bail to the Juvenile.

The master reason for the engagement of a child welfare officer is because many of the research works take shown that the interaction betwixt the Police and the immature people are often characterized by high levels of fearfulness, domination, mistrust, dissatisfaction, etc. Police on the other mitt sometimes behave in a hectoring and stubborn style, which and so results in the establishment of negative perceptions.

The ambitious, rude, calumniating and uncooperative behaviour past both sides is an imbroglio per se.

Conclusion

The increasing rates of juvenile law-breaking in Bharat in very concerning issue and need to be focused upon. Although regime has laid diverse legislation and rules to stop the incidents of juvenile crimes but the present laws on juveniles is not creating a deterrent result on the juveniles and thus the results are not fruitful and legislative intent is not accomplishing.

References

[1]  1998 SCC, Del 879 : (1999) 77 DLT 181

[2] Section 82 of IPC states that a child below the age of seven years is doli incapex

[3] Section xiii of The Juvenile Justice (Care and Protection of Children) Act,2015

[4] Section 14 of The Juvenile Justice (Care and Protection of Children) Act,2015

[5]  Blank Act , The Children Act , 1960 , Universal Publication , 12^th Edition

[6] Article 1 of the UN Convention on the Rights of Child, 1989.

[vii]   Prof. N.V. Paranjape , Criminology , Penology with  Victimology, page no 662 ,Central Constabulary Publications, 17th  edition,2017.

[eight] http://shodhganga.inflibnet.ac.in/bitstream/10603/37610/9/09_chapter%203.pdf

[ix] A person under fourteen years of age.

[10] A person between the historic period group of xiv and seventeen year.

[11] Section 77 of the Act.

[12] Prof. N.V. Paranjape , Criminology , Penology with  Victimology, folio no 673 ,Central Constabulary Publications, 17^th  edition,2017.

[xiii] Section 2 (13) of the Juvenile Justice ( Care and Protection) Act , 2015

[14] Section 47 of the Juvenile Justice ( Care and Protection) Deed , 2015

[15] Section 48 of the Juvenile Justice ( Care and Protection) Human action , 2015

[sixteen] AIR 2014 SC 2726

[17] 1997 i0 SCC 525

[xviii] AIR 2005 SC 3549

[19] AIR 1989

[20] AIR 2000 SC 748

[21] Section four of Juvenile Justice( Care and Protection) Human action , 2015.

[22] Section 4(two) of Juvenile Justice( Care and Protection) Act , 2015.

[23] Section 5 of Juvenile Justice( Care and Protection) Act , 2015

[24] Section 7(ii) 0f the Juvenile Justice( Intendance and Protection) Act, 2015

[25] Dr.  Due south.Due south. Srivastava, folio no 319, Cardinal Constabulary Bureau, 3^rd Edition, 2007.

[26]   Prof. North.V. Paranjape, Criminology, Penology with Victimology, folio no 665, Cardinal Law Publications, 17th edition , 2017.

• https://world wide web.latestlaws.com/articles/overview-of-juvenile-justice-police force-in-india-by-chhaya-khosla/#:~:text=The%20Juvenile%20Justice%20System%20in,Minimum%20Rules%20for%20Administration%20of
• https://blog.ipleaders.in/juvenile-justice-system-india/
• Vedkumari, The Juvenile Justice in India: from welfare to rights, New Delhi: OUP. p1
• http://www.lawyersclubindia.com/articles/Rehabilitaion-of-Juvenile-Offenders-Steps-Implementations–5606.asp
• https://www.syndicatepost.com/empowerment/causes-effects-of-peer-pressure level
• http://www.legalservicesindia.com/article/1031/Juvenile-Justice-Organisation-&-its-Malversation-in-India.html
• https://thelawbrigade.com/criminal-law/juvenile-justice-in-india/

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