Juvenile Justice System in India: The conundrum surrounding the age of criminal responsibility

Abstract

The basic premise of the Juvenile Justice system is built upon a model which addresses both (i) children who need care and (ii) those in conflict with law. The present article attempts to briefly discuss the latter qua children in conflict with law with respect to the age of criminal responsibility under The Juvenile Justice (Care and Protection of Children) Act, 2015

Who is a juvenile -according to Indian law vis-à-vis international scenario?

Juvenile is a child who has not attained a certain age to think rationally and understand the consequences of his/her act and therefore is not liable for punishment. Juveniledelinquency refers to criminal acts perpetrated by juveniles though the exact definition is still debatable. In the case of Raghbirv. State of Haryana, the Supreme Court of India defines the term ‘delinquent child’ as “a child, who has been found to have committed an offence”. P.RamanathaAiyar’s Concise Law Dictionary, defines the term ‘delinquent child’ as “a legal infant who has either violated criminal laws or is engaged in disobedient or indecent conduct, and is in need of treatment, rehabilitation, or supervision”. Renowned Scholars, such as, Ruth Shonle Cavan have also opined that, “irrespective of legal definition, a child might be regarded as delinquent when his anti-social conduct inflicts suffering upon others or when his family finds him difficult to control, so much so, that he becomes a serious concern for the community”. Sociologists have incessantly insisted that, legal definitions notwithstandingthe very nature of ‘juvenile delinquency’ hinges upon numerous permutations and combinations of circumstances.