Common Law Principles & Juvenile Laws

Submitted by:

SACHIN RAJ

PRN: 21010224229.

Programme: BBA.LLB.

Division: C

Semester: VI

Batch: 2021-26

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

Submitted to:

Dr. Mohit Sharma

Associate Professor

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

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 CERTIFICATE

The project titled “Common Law Principles & Juvenile Laws” submitted to the Symbiosis
Law School, NOIDA for Law of Company Law I as part of Internal Assessment is based on
my original work carried out under the guidance of Dr. Mohit Sharma on 6th March 2024.
The Research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the research paper has been
duly acknowledged. I would be held responsible and accountable for plagiarism, if any,
detected later on.

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INTRODUCTION

Since the inception of the welfare society, common law principle put emphasis on the
protection of the children i.e., children are considered to be the god on which the future of the
country exist. If the protection of the child are not provided then the future of the country will
be on the stake because the foundation the future are totally dependent upon the children. In
the realm of legal systems, common law principles serve as the backbone, shaping and
influencing various aspects of jurisprudence. One such domain where these principles come
into play is juvenile law. Juvenile law addresses the unique needs and circumstances of
individuals who have not yet reached the age of majority, navigating the delicate balance
between accountability and rehabilitation. This research project aims to explore the
intersection of common law principles and juvenile law, delving into how foundational legal
concepts are applied in the context of juvenile justice. By examining key principles such as
due process, parens patriae, and the best interests of the child, we seek to understand how
they guide decision-making and shape the outcomes for young offenders within the legal
system. Through an in-depth analysis of case law, statutes, and scholarly literature, this
project will illuminate the complexities of juvenile law and highlight the ways in which
common law principles are adapted and interpreted to address the unique needs and
circumstances of juveniles in conflict with the law. By exploring both historical perspectives
and contemporary developments, we aim to provide a comprehensive understanding of the
principles that underpin juvenile justice and their practical implications. Juvenile system is
not only in independence India rather it was provided when British rule in India for example
when children have not completed the work which was given by the British army then the
punishment for non-performance of the work was given to the supervisor or manager i.e.,
adult. Juvenile Justice is a criminal law wherein criminal liability is decreased because
juvenile considered to not have enough understanding of the situation and circumstances in
which he has committed.

DISCUSSION

Comparative analysis of the Juvenile

Nirbhaya Delhi Gang Rape Case deeply shook the entire nation sparking widespread
discussions among legal experts. A central point of debate arose from the involvement of one

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of the accused, who was just six months away from turning 18 at the time of the crime. This
participation in such a brutal act of rape prompted the Indian government to enact new
legislation, resulting in the introduction of the Juvenile Justice (Care and Protection) Act,
2015.Under the Juvenile Justice (Care and Protection of Children) Act, 2015 in India, a
“child” is defined under the section 2(12), as any person who has not completed eighteen
years of age. In the context of someone involved in an offence a “juvenile” refers to a person
who is alleged to have committed an offense when they were between the ages of sixteen and
eighteen. 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. 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. Similarly, under the United Nations Convention on the Rights of the Child, a
“child” is every human being below the age of eighteen, unless the age of majority is attained
earlier under applicable law. In the United States, a “child” is generally someone under the
age of eighteen, while in the United Kingdom and Canada, the term refers to individuals
under eighteen as well. The term “juvenile” is used in various jurisdictions to refer to minors
within the legal system, typically those under eighteen, but specific definitions and usage can
vary. The Latin term doli incapax i.e., under the section 82 of IPC,1860 which states that
nothing is an offence which is done by the person under the age of 7 years which provides the
absolute immunity from the criminal liability. In the case of Deoki Nandan Dayma v. State
of Uttar Pradesh and Satbir Singh & others v. State of Haryana, it was held that the date of
birth registered in the school is taken as evidence for the ascertaining age of the juvenility.
For the determination of the relevant date for ascertaining the juvenility the Apex court in the
case of Arnit Das v. State of Bihar overturned its decision of Krishna Bhagwan v. State of
Bihar i.e., relevant date for the consider the juvenility should be the date when offence has
been committed and however in the case of Arnit Das v. State of Bihar states that the relevant
date for the juvenility should be when the accused is present before the competent authority.

Juvenile laws in the UK

Under the Children Act of 1908, the creation of Juvenile Courts in England represented a
major advancement in the handling of juvenile criminals. The main responsibility of these
courts was to make sure that juvenile offenders and children received the appropriate care and

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protection. They were required to take all necessary measures to eliminate dangerous
surroundings for the offenders and to support their rehabilitation by providing them with
instruction and training. The Children and Young Offenders Act of 1933 gave juvenile courts
the ability to hear significant issues involving children and young people, so extending their
civil jurisdiction. This law mandated that juvenile courts be the exclusive venues for the trial
of any child or young person accused of a crime. The United Kingdom then passed The
Criminal Justice Act of 1948, giving juvenile criminals further safeguards i.e., Sent to
detention houses under this Act, juvenile criminals were given a measure of security as a
means of facilitating their rehabilitation and reintegration into society by offering a caring
atmosphere. With the aim of addressing the distinctive needs and vulnerabilities of juvenile
offenders through specialised court procedures and support networks, these legislative
initiatives reflected an increasing awareness of these issues.

History of the Juvenile laws

The history of juvenile laws in India reflects a progressive evolution towards recognizing and
addressing the unique needs of children in conflict with the law. Beginning with early
legislation such as The Apprentices Act, 1850, which provided for the welfare of destitute
children, and The Reformatory Schools Act, 1897, which allowed for the establishment of
reformatory schools, there has been a gradual development towards more comprehensive
juvenile justice laws. The Children Act, 1960, was a significant milestone, defining a "child"
and establishing special procedures for juvenile offenders. Many Developed Countries i.e.,
USA and UK have started the movement in 18 th century for the special protection of the
juvenile prior to this juvenile were treated as a adult. This movement further leads to the
general assembly of United Nation adopted the convention on the right of the child on 20 th
November 1989 which stated about the protection of the Juvenile that there shall be no
judicial proceeding or court trials against them which leads to the repeal of the laws related to
the juvenile and legislation came up with the new laws i.e., The Juvenile Justice (Care and
Protection of Children) Act, 2000, and its successor, the Juvenile Justice (Care and Protection
of Children) Act, 2015, further advanced the child-friendly approach to juvenile justice,
focusing on rehabilitation and reintegration. The legislative response to the Nirbhaya Delhi
Gang Rape Case, including the Criminal Law (Amendment) Act, 2013, demonstrates ongoing

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efforts to address the challenges in dealing with serious juvenile offenders while maintaining
a balance between accountability and the best interests of the child.

Juvenile laws and Constitution of India

The Constitution of India also provides certain protections and rights for juveniles. Article
15(3) of the Indian Constitution allows for special provisions to be made for children,
including juveniles, to ensure their well-being and development. Additionally, Article 39(f)
directs the state to ensure that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity. Additionally, Article 21A of the
Constitution of India guarantees free and compulsory education for all children between the
ages of 6 and 14 and Article 24 which states right to be protected from hazardous
employment under the age of 14 years. These constitutional provisions, along with the
Juvenile Justice Act, provide a framework for the protection and welfare of juveniles in India.

Current Juvenile laws in India

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