Name of the Student - : ANVESHA SINGH
Section -: A
Roll no. -: 14
Subject -: Sociology and Law III
Topic -: JUVENILE DELINQUENCY
AND FACTORS FOR ITS RISE
Date of submission -: Wednesday,
25/09/2024
Subject Teacher -: Ms. Akanksha Ghatol
JUVENILE DELINQUENCY AND FACTORS FOR ITS RISE
ANVESHA SINGH
ABSTRACT
There are various social evils which have engulfed India. Out of these one of the most
alarming social evils is crime by minors i.e. Juvenile Delinquency. As the minors are the
vulnerable section of the society they tend to perform criminal activities due to their
vulnerability with or without even knowing its real consequences. The crime rate among
minors is increasing. There is an urgent need to pay attention to it and to curb it. This article
is written on Juvenile Delinquency and the factors which are contributing towards its
increase. Income instability and unstable family background forces the juveniles to become
delinquent. They often do criminal activities to earn basic necessities and hence are
penalised. Efforts should be made to remove problems which juveniles are dealing with in
order to prevent criminal activities by them. Lack of proper level of education to minors and
social isolation also pushes juveniles to commit offences against them. They are not
connected to society and hence do not have affection or connection with it. The groups they
are surrounded with influences their mentality and convince them to do wrongful activities.
As juveniles do not possess maturity they easily get convinced by others. Therefore, they
should be reminded about their wrongful actions in order to stop them.But instead of sending
juveniles to Jails or prison homes which will hamper their mental health even more they
should be reformed in Rehabilitative Homes and Centres. Since, this problem of Juvenile
Delinquency is a global issue prevailing in major countries around the globe hence, stringent
action should be taken together to lessen it.
KEYWORDS
Juvenile, Juvenile Delinquency, Criminal activities, Crime, NCRB Data
INTRODUCTION
Children are innocent and possess no knowledge of what is wrong and what is right for them.
It is often seen that whatever the actions they are restricted from doing, they are most
interested in doing the same action, for example if a child is asked not to touch utensils
because it is hot, then they will touch it just because they are refused to touch it, ultimately
they get hurt. Which indicates that children have a tendency to learn by their own experience
rather than what is instructed to them by the society. Therefore, at a young age children tend
to perform such activities which are offensive without even knowing its nature and the
consequences. Even if they know just out of curiosity they perform wrongful acts.
Often children living in nuclear families do not get sufficient guidance from their parents
which affects their mental state and they are not able to develop mentally. Being alone they
tend to do wrong things and slowly develop wrong habits like drinking, smoking, assaulting
others, stalking, bullying, ragging, etc.
Etymologically the word Juvenile is derived from ‘Juvenilis’ , which means- ‘youthful’ or
person below 18 years of age. Delinquency is derived from ‘delinquer’ which means - ‘omit’
but now it means person committing offence or offender.
According to National Crime Record Bureau (NCRB) Data there is a falling trend of
commission of Crime from 2013-2022. Crimes decreased from 43,506 to 30,555 which is
approximately 30% in ten years from 2013- 2022.
Source: Dataful: Crimes by Juveniles
States with the highest number of juvenile crimes committed in Maharashtra around 4,406
followed by Madhya Pradesh around 3,795 and Rajasthan 3,063 according to the last year's
NCRB Data.
In order to prevent the criminals of tomorrow we need to protect the youngsters of today. For
that these youngsters should be treated and given education regarding the wrong temptations
and criminal activities.
HISTORY
Before the year 1850, no stringent laws were there to punish the offenders who were
juveniles. It is only after 1860, Indian Penal Code was enacted and punished the juvenile
offenders if they commit heinous offences. Absolute immunity is given for children below 7
years of age. In 1986, the Juvenile Justice Act was enacted and later amended in 2015. It
included a clause that Juveniles of 16 years or above, if committing some heinous crimes,
may be tried as an adult under Indian Penal Code. A Juvenile Justice Board would be formed
who would decide the matter related to juveniles in conflict with the law.
RESEARCH METHODOLOGY
There is a combination of Doctrinal and Quantitative Research Methodology used to write this article.
Based on erroneous websites, books, law journals, law dictionaries, etc related to Juvenile
Delinquency. There is a structured pattern followed by showing different numericals from the
National Crime Records Bureau. Supported by the Jurisprudential theories on the Juvenile
Delinquency.
Around 10 articles were referred from Google search which are based on Juvenile Delinquency and its
supporting factors. Certain viewpoints and ideas have been taken to write this article on the same.
Data collected from different websites about the reasons for increase in criminal acts by juveniles.
JURISPRUDENTIAL ASPECT OF THE TOPIC
THEORIES
CLASSIC RATIONAL THEORY:- This theory proves that individuals perform acts
on the basis of their rationality and after observing calculated risk and benefits involved in
the act. People follow their self interest and want the greatest benefit. Therefore, juveniles
perform criminal activities by their rationality and after observing benefits out of it for them.
SOCIAL BOND THEORY:- This theory developed by American criminologist Travis
Hirschi and published in 1969. It is a criminological theory which explains why juveniles
commit crimes. The theory is based on four elements of social bonds: attachment,
commitment, involvement, and belief. If people are more attached to the society they would
not commit crime to the same society but on the other hand if they are not attached to the
society then, the probability of committing crime is more.
ANOMIE THEORY:- It is a sociological theory. It elaborates social factors which are
responsible for juvenile delinquency. Because the lack of normal and social standards which
are essential in life leads to deviant behaviour of the person to achieve those goals which
couldn’t be achieved by following the right path.
LEGISLATION
THE JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015
This act punishes the juveniles who are offenders of crime. This act recognises acts as
heinous, petty, and serious offences. Under this act Juvenile Justice Board is also formed who
decide the discretion of the child whether to be trialled under JJ Act or under IPC. Aftercare
programs for juveniles and Juvenile shelter homes have also been developed. This act tried
children of 16-18 years as Adults if they commit henious crimes like Rape, Murder, Culpable
Homicide, etc. This act differentiates between children in need of care and protection and
children in conflict with the law.
MAIN BODY
Children are a vulnerable group of people and may perform undesirable acts out of their
vulnerability. What actions are considered wrong may differ from place to place hence,
criminal delinquency also differs from place to place. For example, an offence in the USA
may not be an offence in India and vice versa.
Cases registered against juveniles in conflict with the law and crime rate
under IPC during 2003-2015 in INDIA
It can be observed that the cases registered against juveniles increased from 17819 in 2003 to
31396 in 2015. There is a variation from 1% to 1.1% .
Despite Various legislations which were enacted by the Government the trend of crime rates
by juveniles are high.
FACTORS CONTRIBUTING JUVENILE DELINQUENCY
Bad Company-: It is often seen that juveniles perform wrong actions under the influence of
a peer group. If peers are of bad character and perform wrong activities then there are high
chances that all the people in that group would get influenced and perform wrong activities
without knowing it’s consequences.
Financial Unstable-: It is due to the income instability that forces the juveniles to commit
offences. Offences like Murder, Robbery and theft are caused due to the income instability
with them and to manage the food , clothing and shelter which are basic essentials of
lifestyle.
Educational Factor-: Education is the mechanism which can change or shape the individual
into a valuable being. Therefore, basic education related to criminal activities should be given
to children at their lower age. Moral Value Education should be compulsorily given.
Teachers should be asked to impart knowledge with regard. At the same time these basic
manners should be taught by parents to their children from the beginning and should be told
both wrong and right things.
Social Media-: One of the side effects of using social media is juvenile delinquency.
Juveniles by the use of different platforms like Facebook, Whatsapp, Instagram, etc bully
others and threaten them. They learn bad habits from these platforms and get influenced by
them. It is reported that approximately 20% of youth in 2010 have been experiencing
cyberbullying victimisation.
Family Background-: Children from different families like Joint family, Nuclear family
have different character or personality. If a juvenile is coming from a homeless or nuclear
family with no support from family members or any guidance from them may lead a child to
perform activities which are not right for them. Whatever the child first sees in the family
learns from them initially and acts like that in future. If the environment is good at home it
will have a good impact on the child and vice versa.
LANDMARK CASE LAWS
NIRBHAYA GANG RAPE CASE [2012]
The victim, 23 years old, boarded the bus with her friend late at night in South Delhi. Her
friend was beaten up and victim was brutally and ruthlessly gang raped by 5 adults and 1
minor. The four adults were convicted capital punishment by Supreme Court and one adult
committed suicide in Jail and the minor was sent to Reformation facility for 3 years and was
not convicted under IPC. Due to huge public outcry, the bill was passed in which children
between 16 to 18 years of age if commit heinous crimes like rape, murder will be trialed as an
adult according to Indian Penal Code.
Jarnail Singh v. State of Haryana [2013]
In this case appellant was held liable for kidnapping and doing forceful sexual inter course
with the Prosecutrix. Prosecutrix argued that the Prosecutrix was minor so the consent is
invalid on the Defence argument claiming that the Prosecutrix went to appellant home by her
own consent. Appellant was held liable by the trial court and High Court due to the forensic
evidence and witnesses testimony. The Supreme Court held in this case that the rules
determining the age of a juvenile under the Juvenile Justice (Care and Protection of Children)
Rules, 2007, is same as the cases related to the Protection of Children from Sexual Offences
Act, 2012.
Sheela Barse & Anr. v. Union of India & Ors. [1986]
In this case Supreme Court held that in cases where a child has been accused of an offence
that is punishable with imprisonment of fewer than 7 years then , investigation should be
completed within 3 months of lodging FIR and the trial must be completed within 6 months
of filing Chargesheet. Children should not be sent to Jails. Remand and observation homes
must be set up by the State Governments. If there is no accommodation in these remand or
observation homes, then the children should be released on bail.
Hari Ram v. State of Rajasthan & Anr. [2009]
The main question for the consideration of the court, in this case, is whether the new JJ Act
sanctioned in the year 2000 is applicable to crimes committed prior to its enforcement.
Because according to the Juvenile Justice Act, 1986, the maximum age limit for male
children to be termed as juveniles was sixteen years. While, the Juvenile Justice (Care and
Protection of Children) Act, 2000 (hereinafter referred to as JJ Act, 2000) shifts this limit to
the age of eighteen years. The Court held that all the persons who were below the age of 18
years on the date of the commission of the offence even before the enforcement of JJ Act,
2000, would be treated as juveniles.
Salil Bali v. Union of India & Anr. [2013]
In this case, the petitioner argued for striking down the provision of Section 2 (k) of the JJ
Act, 2000. This provision Juvenile and Child, as a person who has not completed the age of
18 years. The Hon’ble Supreme Court discussed the rationale behind the said age limit and
observed that the age of 18 had been fixed based on the understanding of experts in child
psychology and behavioural patterns. The Court dismissed the appeal by stating that no
interference should be done with necessary provisions of JJ Act, 2000 unless supported with
valid and sufficient data.
FINDINGS
1- Though the Juvenile Delinquency has decreased since 2013 but yet it is committed by a
huge number of juveniles which is alarming.
2-There are juveniles who perform criminal activities with the full intention and knowledge
of its consequences.
3- The cases reported against juveniles have increased by 1.1% since 2003 to 2015, which is
a positive step to curb these activities.
4- It is mainly external factors like financial instability, lack of education , or family
background,etc, which pushes juveniles to be delinquent.
SUGGESTIONS
1- Proper education which is necessary for the children's mental growth should be provided
to all children compulsorily and focus should be laid on decreasing the rate of dropouts from
school and colleges.
2- Basic Manners should be provided by the family at the primary level to children and
proper attention should be given to their guidance.
3- Rehabilitation Centres should be opened by the State Governments to reform the children
from a criminal to a well mannered gentleman.
4- It should be ensured by parents or educational institutions that the surrounding atmosphere
of the children is healthy and positive.
5- If a child has companionship of good peers then, there are less chances of the child
performing criminal activities.
6- Children should not be pressured by parents to get high grades like other children. It
ultimately affects the mental health of the child and leads them to perform illegal acts to get
those grades.
7- Families who are affluent should not over pamper their children, providing them with all
the luxuries of life. Because it will remove the passion of hardwork from the character of the
child.
CONCLUSION
Children are our future generation and them being into criminal activities is a serious matter
which needs urgent attention. Minors performs heinous crimes like rape, murder, etc, is
called Juvenile Delinquency. In 2023, Delhi reported the highest number of crimes
committed by juveniles and it has gone up by 42% while Maharashtra reported 12% and
Madhya Pradesh reported 13%. Hazards like poverty, illiteracy and financial uncertainty
leads to Juvenile Delinquency. Hence, efforts should be made to remove these hazards
initially and ultimately it will decrease the juvenile delinquency in the society and it will
grow towards its evolution.
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