MEANING AND CONCEPT OF JUVENILE

The word “juvenile” originates from the Latin term “juvenis,” which means “young.” In
general, a “child” is someone who has not yet reached the age of 18 and lacks the
maturity to fully understand right from wrong. Many countries‟ legal systems follow
the principle of „Doli Incapax,‟ which states that a child cannot form criminal intent to
commit an offence.

 According to Section 2(h) of The Juvenile Justice Act, 1986, juvenile

“means a boy who has not attained the age of 16 years or a girl who has not
attained the age of18 years.”
 According to Section 2(k) of The Juvenile Justice (Care and Protection of
Children) Act, 2000, “juvenile” or “child” as a person who has not completed
eighteenth years of age.
 The Juvenile Justice Care and Protection Act, 2015 under Section 2(12)
defined the word “child” which “means a person who has not completed 18
years of age” and under Section 2(35) defined the word “juvenile” which “means
a child below the age of 18 years”
The JJ Act, 2015 distinguishes between children who are in conflict with the law
and those who are in need of care and protection.

A “juvenile” refers to a person who is below the age of 18 and has allegedly committed
an offence. The Juvenile Justice Act recognizes that juveniles in conflict with the law
require specialized care and protection, and therefore, they are dealt with through a
separate juvenile justice system.

It‟s important to note that other laws within the Juvenile Justice System in India may
define a “child” and a “juvenile” differently. The definition of a child and a juvenile can
vary depending on the specific context and purpose of the law within the Juvenile
Justice System in India.

For example, the Indian Penal Code (IPC) defines a child as a person below the age of
twelve years.

The Protection of Children from Sexual Offences (POCSO) Act of 2012 defines a
child as someone below the age of eighteen years. The POCSO Act also defines a
juvenile as a person who has not yet reached the age of eighteen.

Difference Between Juvenile and Child

A person who is below the legal age of eighteen is considered a minor, meaning they
are not fully responsible under the law. When a child is accused of a crime, they are
not treated as an adult and are sent to a Child Care Centre. On the other hand, a
juvenile is someone between the ages of sixteen and eighteen. If a young person within
this age group commits a crime, they are considered juvenile offender and may be
tried as adults in court proceedings.

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In general, both terms refer to young individuals, but their implications in the eyes of
the law differ. “Minor” generally refers to young and teenage individuals, while
“juvenile” can signify either an immature person or a young offender.

In the case of Salil Bali v. Union of India (2013) 7 SCC 705, there was an argument
to amend the current Juvenile Justice Act to lower the age from 18 to 16 years and to
try juveniles who commit heinous crimes such as rape and murder as adults.

The Supreme Court rejected the petition, stating that the Juvenile Act is based on
sound principles and is in accordance with the Indian Constitution. Several
international instruments, including the Beijing Rules and the Riyadh Guidelines,
recognize child rights and allow for separate criminal justice systems for juveniles.

MEANING AND CONCEPT OF JUVENILE DELIQUENCY

The term “Juvenile” refers to a young person who still exhibits childlike qualities.

“Delinquency” means not following societal norms or failing to fulfil responsibilities,

which can involve committing crimes or doing wrong.

In very simple words, juvenile delinquency is the participation in illegal activities by

minors.

In legal terminology, however, they are referred to as delinquents and not as criminals.
On whole, juvenile delinquency is a legal term which denotes act of varying degrees of
social consequences from mere naughtiness to major assault punishable by law.

Juvenile delinquency occurs when young individuals engage in acts that go against
society. Violation of social norms and values threaten the peace of the society, and are
therefore considered as criminal acts. They display criminal behaviour and are
punishable under legal procedure.

DEFINITION: JUVENILE DELINQUENCY

 The Second United Nations Congress on the Prevention of Crime and

Treatment of Offenders (1960) states , “By juvenile Delinquency should be
understood the commission of an act which , if committed by an adult , would
be considered a crime .”
 C.B Mamoria writes , “The phrase „ juvenile delinquency „ may be loosely used
to cover any kind of deviant behaviour of children which violates normative rules
, understanding or expectations of the social system .”

In simple words, Juvenile Delinquency is a type of abnormal or antisocial behaviour

by a juvenile who is below an age specified by statute.

The Juvenile Justice System falls within the realm of criminal law and deals with the
challenges faced by children and society. Its primary objective is to protect children by
providing appropriate treatment and creating an environment that fosters positive
human development. It is a socio-legal approach to establishing conditions for

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rehabilitating delinquent juveniles rather than punishment. When a child or young
person commits a wrong or becomes delinquent, the Juvenile court takes steps to
provide care and gentle treatment through specialized institutions. This way, juvenile
offenders can find a path to lead a decent life.

ACT OF DELINQUENCY MAY INCLUDE:

1. Running away from home without the permission of parents.
2. Habitual behavior beyond the control of parents.
3. Spending time idly beyond limits.
4. Use of vulgar languages.
5. Committing sexual crime.
6. Visiting gambling center etc.

CAUSES OF JUVENILE DELINQUENCY

Understanding the causes of juvenile delinquency is an integral part of preventing a
young person from involvement in inappropriate, harmful and illegal conduct. Four
primary risk factors can identify young people inclined to delinquent activities:
individual, family, mental health and substance abuse. Often, a juvenile is exposed to
risk factors in more than one of these classifications.

In the book, “ Approach and Concept of Criminology “ , the causes of Juvenile

delinquency may be classified under two major factors:
 Social Factors and
 Personality Factors

1) Social Factors includes :–

•Family:-
The major situations in the family that cause many factors that may lead to juvenile
delinquency . Situations such as a broken house , attitude of parents , conduct of
parents etc.

A study of juvenile delinquency has revealed that the greatest number of delinquents
come from broken families . A broken family ,as the term indicates home where all ties
are broken ,where there‟s no interaction or family love to make one feel like they
belong .
Interaction in home is a very important means for teaching the child socialisation .
Lack of parents‟ affection , security , absence of loving mother or father etc. has a
huge contribution in factors in spreading juvenile delinquency.

A consistent pattern of family risk factors are associated with the development of
delinquent behaviour in young people. These family risk factors include a lack of
proper parental supervision, ongoing parental conflict, neglect and abuse (emotional,
psychological or physical). Parents who demonstrate a lack of respect for the law and
social norms are likely to have children who think similarly. Finally, those children
that display the weakest attachment to their parents and families are precisely the
same juveniles who engage in inappropriate activities, including delinquent conduct.

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• Poverty :-
Crime and poverty are intimately related. Study conducted by Shaw , McKay and Elliot
revealed that among juvenile delinquents a majority belonged to families with a high
poverty ratio .
According to Bonger and Fornasiri , poverty acts as an incentive to crime .
Poverty compels the children to consciously or unconsciously join hands with
gangsters and become delinquents.

Poverty leads to family quarrels and dissensions , inadequate education , lack of

affection from parents , necessity of basic life products etc. which are more active
factors that lead to juvenile delinquency behaviour .

• Delinquency Areas :-
The delinquents come mostly from the areas that are underground , crime dominated ,
liquor shops , motels and clubs etc. Such a neighborhood places a high influence
upon a child .

• Bad Company :-
Charles Shaw said ,” delinquency is a product of community forces ” .
As a child grows older he goes into the neighborhood and becomes a member of the
peer group . If by chance he joined the group or the gang that fosters delinquent
attitudes he is likely to become a delinquent.
In slum areas peculiar social groups called gangs are found . These gangs are found to
be associated with crime in all aspects like delinquency , rioting , corrupt politics , etc.

According to famous criminologist Edwin H. Sutherland , criminal behaviour is

acquired through interactions with others . Hence , bad companionship leads to
juvenile delinquency behaviour.

• School Dissatisfaction :-
Some students get dissatisfied with school life and such dissatisfaction makes them
regularly absentee , wandering around in the streets forming gangs if their own ,
gambling , eve teasing , pickpocketing , smoking , drugs etc. leads them on .

 Substance Abuse Factors

Substance abuse is found in a majority of cases of juvenile delinquency, Two trends
are identified in regard to substance abuse and minors. First, juveniles are using more
powerful drugs today than was the case as recently as 10 years ago. Second, the age
at which some juveniles begin using drugs is younger. Children in elementary schools
are found to be using powerful illegal drugs. The use of these illegal substances or the
use of legal substances illegally motivates young people to commit crimes to obtain
money for drugs. Additionally, juveniles are far more likely to engage in destructive,
harmful and illegal activities when using drugs and alcohol.

2) Personality Factors
Personality factors are mainly factors related to mental deficiency and emotional
disturbances .

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• Mental Deficiency
According to Tappan , psychopathic children are very crude , obstinate , suspicious ,
self centered , lonely , revengeful , hyper sexual , etc .

Such persons are devoid of repentance over their own crude doing and the pain and
suffering of others.

It has been observed that a good number of delinquents are mentally deficient. Some
Psychiatrists and neurologists believe that the psychopathic personality is a cause of
crime .

Several mental health factors are also seen as contributing to juvenile delinquency. In
is important to keep in mind, however, that a diagnosis of certain types of mental
health conditions-primarily personality disorders – cannot be made in regard to child.
However, there are precursors of these conditions that can be exhibited in childhood
that tend to end up being displayed through delinquent behaviour. A common one is
conduct disorder. Conduct disorder is defined as a lack of empathy and disregard for
societal norms. & quote; (Diagnostic and Statistical Manual of Mental Disorders,
Fourth Edition, American Psychiatric Association, 2004.)

• Emotionally/ Psychological Problems of the Individual :-

Emotional instability is one of the most common causes of crime .
A child‟s personality is rendered unbalanced through lack of love and affection,
emotional insecurity , strict discipline , feeling of insufficiency and inferiority, such
factors that inspire the mind of the child to criminal behavior.

From a psychological point of view , “Delinquency is a rebellion and an expression

of aggression which is aimed at destroying , breaking down or changing the
environment .”

This rebellion is mostly against the social conditions which deny the individual his
basic rights and the satisfaction of his fundamental needs . Thus delinquents are not
born but they become so due to social circumstances and personal deficiencies .

The delinquent individual who is governed by the “pleasure principle “ wants to get
immediate pleasure and immediate satisfaction for his needs and so they become a
victim to his own impulses.

REMEDIES FOR JUVENILE DELINQUENCY

Delinquency Prevention is the broad term for all efforts aimed at preventing youth
from becoming involved in criminal, or other antisocial, activity. Increasingly,
governments are recognizing the importance of allocating resources for the prevention
of delinquency. Prevention services include activities such as substance abuse
education and treatment, family counseling, youth mentoring, parenting education,
educational support and youth sheltering.

It is said , “ a delinquent child today may turn out to be a chronic criminal

tomorrow”.
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Discussions have been made at national and international level by scholars to seek
out effective remedies for this problem .

The three most suggested methods are

• Preventive measures
• Rehabilitative or curative measures.
• Legislative Measures

1) Preventive Measures

• Giving proper training to the members and staff of all organisations concerned with
delinquency control .

• Establishing child guidance clinics to give appropriate treatment to the disturbed

and maladjusted children.

• Educating the family so as to help the parents to realise the importance of giving
proper attention to the needs of their young children .

• Establishing wholesome recreational agencies to prevent young children from

becoming law abiding .

• Improving the social environment – slum areas , busy market places , gambling
centers etc .

• Spotting potential delinquents by predictive tests in schools or society and giving

treatment to such cases.

• The problem of beggary and poverty are to be removed or controlled and the general
economic standards of the people must be increased to prevent children from
becoming delinquents due to economic exigencies.

2) Rehabilitation or Curative Measures

The main purpose of the method of rehabilitation is not to punish or to treat them
mentally disabled but the intention is to help the delinquent children to get proper
guidance and training so that they don‟t become victims of their own impulses and
lead a normal life .

Some institutions to rehabilitate Juvenile Delinquents :-

• Juvenile Courts :- Juvenile Courts are established in order to treat Juvenile

delinquents and adult criminals separately. There are currently 39 Juvenile Courts in
India .
This court is different from the normal civil courts . Juvenile delinquents cannot be
chained or produced to courts by police , no advocate arrangements are made for
plead .
The intention behind this treatment is to create positive feelings in the minds of
juveniles .

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• Remand Homes :- When a child is arrested under the Act ,he is produced before the
magistrate within 24 hours and kept in Remand Homes till the case is investigated.
The child is kept until the final disposal of the case. Sometimes persons convicted are
sent to Remand Homes for a few days and released later .

• Certified School :- Certified Schools are established to give some general education
and technical training to children . Children are sent for long term treatment and
voluntary bodies or local authorities with financial assistance of the government and
the public .

There are two types of schools :-

• Junior School for under 12
• Seniors Schools for under 16

The children are confined here for about 2 to 3 years .

After the release they are put under the charge of a Welfare or Probation officer who
watches their activities .

• Auxiliary Homes :- The auxiliary homes are attached to Certified Schools just like
remand homes are to juvenile courts . Here the convicted delinquents are kept for
some time and studied by a social worker and sent later to certified school on the
basis of their attitude and behaviour.

• Reformatory Schools :- In states where there are no Children Acts , Reformatory

Schools are established . They are meant for the education and vocational training of
delinquent children. The young convicted offenders below 15 years are detained here
for 3to 7 years . The delinquents are removed from bad environments through these
schools .

• Borstal Institutions :- Under Borstal Institutions special treatment is provided for

adolescent offenders between the ages of 15 to 21 years . Offenders are sent to Borstal
Institutions for rehabilitation rather than kept under imprisonment . The term of
Borstal Institutions are 2 to 3 year but may exceed in any serious case . Separate
arrangements are made for offenders , training , physical and education are given to
prevent them from committing offences again .

Fit persons Institutions and Uncared Children Institutions :- These two non
government institutions managed by private bodies and give refuge and protection to
destitutes , neglected children and children in pre – delinquent stage .

3) . Legislative Measures :-

Various legislations have been made in India from time to time to deal with juvenile
delinquency .
Some acts are :-
• Apprentices Act of 1850
• Reformatory Schools Act 1897
• Children Acts
• Juvenile Smoking Acts

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• Suppression of Immoral Traffic Acts
• Probation of Offenders Act
• Borstal Schools Act for Adolescents
• Provision in the Criminal Procedure Code ( under section 399 of ICPC )

A grave problem such as juvenile delinquency cannot be solved by means of legislation

, government or private institutions efforts alone . The public attitude towards juvenile
delinquents must also change to make them feel accepted and initiate their treatment
as a cure not abnormality .
A juvenile delinquent is a product of unwholesome environmental factors hence in
order to change his attitude he needs to be supported emotionally , mentally and
physically by all .

CONCLUSION:

Exploitation of children has been a long standing practice. These delinquent go

through a lot of abuse which vary in nature as physical, sexual, or psychological or as
a combination. The abuse has a long lasting and profound effect on a child‟s life. The
problem of child abuse is a serious one and it is unlikely that it gets solved any
sooner. Also the reason why this has prolonged is that the society has affected the
children in a negative way and in the society there are factors such as family
influence, social environment, mental disorder and sexual abuse. This develops in
young people low self-influence, social environment, mental disorder and sexual
abuse. This develops in young people low self-esteem and they go through mental
trauma which later correlates with delinquent behavior.

What needs to be done is the question that arises before us. We cannot uproot this
menace but there are solutions to keep a control on the problem of Juvenile
Delinquency. In the best interest of the delinquent he or she should be rehabilitated as
early as possible and integrated back in the society. Also the State must protect the
rights of these children and come up with reformative methods and instill in them
values that can socially uplifts them and give them a new found confidence so that
they can play a constructive role in the society.

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