What types of juvenile punishment can be prove most effective at preventing future crimes?

Ayushi Dwivedi
The Author of the blog is a Law Student, FIMT, New Delhi

Juvenile crime is not naturally born in the boy, but is largely due either to the spirit of adventure that is in him, to his own stupidity, or to his lack of discipline, according to the nature of the individual
--Robert Baden-Powell

What is Juvenile?
Juvenile is basically the minor age child who is not mature enough to understand properly the effects and side effects of the acts done or committed. It is taught earlier that those candidates who were got addicted or have done something wrong should have given at least a chance to improve themselves in order to live a peaceful life ahead.

What is Justice?
Justice means the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments.This basically called the platform for aggrieved party to reach the places of fair and equity bound decision in order to resolve dispute.

What is altogether the juvenile justice means?
Juvenile justice means the category of justice including the rewards or punishments which is appropriate for the young or minor criminals to get treated. It is correctly said that if anyone is capable of committing any heinous offence then that person should be treated equally likewise the other person who might be in his place before or after. In the present era, the criminal laws of most of the countries have already established the degree of committing the crime by the minor who between the age of 16-18 years. They have adopted the principle of ‘doli incapex[1] which states that if the person who is doing any act and knowing that it is crime. But, the phenomenon of giving any punishments to someone is to protect the legal right of individual who will be treated first as a citizen then after it the charges will get imposed on him to improve flaws in his personality and to prevent the further crime with respect to the self-realization by the accused as well in other words it can be called as rehabilitation.

What are the provisions for juveniles in India?
In last few decades there is a vast increment noticed in the number of crimes committed by the children of the age below 18 years and was mostly around 16 years. These crime consist of accuses who were really known about the facts of the consequences of their particular act which they have committed. Considering these facts there was already the demand to amend the laws and then degree of crime should decide the way of trial for the minors who comes under the criteria of 16-18 years of age. The heinous crimes committed by the minors of the age 16-18 years should be tried as an adult. The increasing rate in the commission of rapes and other heinous crimes by the minors leads to the change in the Act. The frightful incident of “Nirbhaya Delhi Gang Rape Case”[2]made the public at large to rage against this incident. Many debates and new agendas got started to change the present form of legal system in order to hang the culprits till death. After the struggle of whole eight years reached its destination where accuses got hanged till death on 20th March, 2020. But this case became the root cause in changing the juvenile justice Act a bit due to one of the minor accuse who was just only six months younger in attaining the majority. The older act that is Justice Juvenile (Care and Protection of Child) Act, 2000 has now changed to Juvenile Justice (Care and Protection) Act, 2015 came upwith the new amended laws.

How the juvenility being decided by the court before the trial?
The “claim of juvenility”is the very first and most debatable question among the jurists and socialist. The Juvenile Justice Board has been made in order to identify or decide the age of the child before the trial begins in the court. The Board has to consider the Rule 12 of the Juvenile Justice Rules, 2007 in order to determine the claim of juvenility.
In reference to the case of Kulai Ibrahim v. State of Coimbatore[3] it was observed by the court that accused has the right to raise the question of juvenility at any point of time during trial or even after the disposal of the case under the section 9 of the Juvenile Justice Act, 2015.
In the case of Arnit Das v. State of Bihar[4] the Supreme Court overruled its decision of the case Krishna Bhagwan v. State of Bihar[5] and held that date to decide in claim of juvenility should be the date on which the accused is brought before the competent authority.

Juvenile Justice system in U.K and U.S.A:
The laws and procedure in both the countries are quite similar. Here in England the primary duty of the court is to provide proper care and protection to the juvenile. The courts make sure about the education and training of the minor accuses. On the other hand, the working of the Juvenile courts in U.S.A is less complex and easier as compared to the other nation. At the first instance the police has the initial rights to what to do with the minor offender either they arrest him and keep him in the child custody or release him. They have to the juvenile courts about the case and further been decided after the trial that what to do next with the minor accuse either it have been send to the certified schools or to the Children homes after the order being passed.
According to the juvenile justice system in U.S.A a juvenile can only be tried as an adult in the cases where the age of the juvenile is close to the adulthood as per the statutory provisions or any juvenile offender is found to be involved in repeated offences and is proved danger to the society.
The number of increasing criminal cases in India mostly done by the minor age people should be kept in view by the Parliament and the judiciary. There is a need to change more of the Juvenile Act provision. AS per prevalent laws it’s been noticed that if any of the minor is involved in the crime with the other major accuses then the lawyer or attorneys tries to keep the all fault on the minor due to the less amount of punishment. These loopholes in the Act should be managed and amended accordingly in order to provide fair and frequent justice.

[1]Section 82 of IPCstates that a child below the age of seven years is doli incapex.
[2] On December 16, 2012.
[3]AIR 2014 SC 2726
[4] AIR 2000 SC 748
[5] AIR 1989


  1. I would like to thank you for the helpful information that you provided in your blog. Your insights into the field of Juvenile Justice were invaluable and have assisted me a lot in enhancing my knowledge about the subject.
    The increasing rates of juvenile crime in India is very concerning issue and need to be focused upon.
    The present juvenile system in India is created on believe that juvenile offenders can be reformed and rehabilitated , sending them to bars 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 get reformed and will not show their anti – social behavior again.
    The act is totaling focusing on the reformation rather than penalization. Penalization will definitely will create a deterrent effect on the juvenile and increasing rate of crime by juvenile will slow down.
    Although government has laid various legislation and rules to stop the incidents of juvenile crimes but the present laws on juveniles is not creating a deterrent effect on the juveniles and thus the results are not fruitful and legislative intent is not accomplishing .Justice must be given to the victim. The theory of reformation is helping juvenile to reform but it is not helping the victim at all.


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