Bharati Law Review, Oct-Dec, 2016 307

JUVENILE DELINQUENCY IN INDIA

Ms. Abhilasha Belwal
Mr. Ashish Belwal

Abstract
Children are the future of our country. It is the responsibility of
everyone to ensure that they have a safe and friendly environment
to live in. As per the statistics there is a huge leap in the rate of
juvenile delinquency in the last decade in developing countries
like India. The basic question which arises out of this is that how
the idea of juvenile delinquency emerged? What is juvenile
delinquency? Whether the juvenile offenders who commit such
heinous crimes should be treated as adults or as minors? What
are the common causes of such delinquent acts? How poverty
plays a major role in juvenile delinquency? What are the
preventive methods? What factors lead to juvenile delinquency?
Delinquency is found in all nations and is particularly widespread
in highly industrialized nations that have large cities. The term
was established so that young lawbreakers could avoid the
disgrace of being classified in legal records. The main purpose of
juvenile laws is to treat the delinquents. But the term itself has
come to be a disgrace as the rate of crimes committed by the
juveniles is increased in the present scenario. Delinquents tend to
come from families where there is tension and much difficulty in
relationships. As the juvenile crime rate is increasing this is high
time that the necessary steps should be taken and an amendment
should be made in the present law to be enacted and enforced in a
strict manner.
Introduction
The problem of juvenile delinquency is not new to the society. It
occurs in all societies simple as well as complex. Juvenile
Delinquency is committing of criminal acts or offences by minors,
i.e. juveniles (individuals younger than the statutory age of
majority). These acts does not follow under the category of ‘crimes’
as they would be for adults. Rather, crimes committed by minors
or juveniles are called ‘delinquent acts’. It is not only a legal


Student, 3rd year, B. Com. LLB (Hons.), GD Goenka University, Gurgaon,
Haryana.

Student, 2nd year, B. Com. LLB (Hons.), GD Goenka University, Gurgaon,
Haryana.

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Bharati Law Review, Oct-Dec, 2016 308

problem but also a psychological problem and the one who has to
tackle it has to consider both psychological and familial angles of
the problem. It includes two types of behaviors, i.e. status and
delinquent offences. Status offences are the ones which are
inappropriate or unhealthy for children and the adolescents and
thus the behavior is prohibited because of the age of the offender.
Smoking, drinking, truancy and running away from home are
some examples of status offences. Delinquent offences mean
violation of legal statutes. For example, murder, rape, assault,
harassment, stalking, robbery, etc.
Special courts are established with specially trained Magistrates
for the trial of the delinquents. Instead of a ‘trial’, the juvenile has
‘adjudication’, after which he/she receives a ‘disposition’ and a
sentence. It also provides for the formation of reformatory schools
for the delinquents. In a developing country like India the problem
of juvenile neglect and delinquency is considerably increasing as
per the statistics1. The basic factors of delinquency are poverty,
broken homes, family tensions, emotional abuse, rural-urban
migration, breakdown of social values and joint family system,
atrocities and abuses by parents or guardians, faulty educational
system, the influence of media besides the unhealthy living
conditions of slums and such other conditions. Juvenile
delinquency is more than just a doorbell prank or two kids
fighting for a ball or throwing water balloons at each other. These
can be as serious as drug related offences or crime against
another person. The idea of prevention and efforts taken for such
delinquent acts comprises of identification of the causes and risks
associated with the offences, addressing them and then forming
protective factors to counterbalance the risks. In urbanized
societies where traditional life styles, social control and local
communities have become loose, their crimes rates are at the
peak. Youth are the building blocks of the future of a nation. It is
our prime duty and responsibility to make an effort to protect
them and become a contributing member of our society.
Meaning
Juvenile was derived from two Latin words ‘iuvenilis’ meaning ‘of
or belonging to youth’ and from ‘iuvenis’ meaning ‘young person’.
Delinquency was derived from a Latin word ‘delinquentia’ meaning
‘a fault or crime’.
Delinquency was defined by Coleman in 1981, ‘behaviour of
youths less than 18 years of age which is not acceptable to society

1 National Crime Bureau Report – Ministry of Home Affairs, 2015

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Bharati Law Review, Oct-Dec, 2016 309

and is generally regarded as calling for some kind of

admonishment punishment or corrective actions’. Juvenile
delinquency is defined as a ‘conduct by a juvenile characterized by
antisocial behaviour that is beyond parental control and therefore
subject to legal action’2.
Juvenile delinquency is a social evil and is a socially unacceptable
behaviour committed by minors or juveniles. The juveniles are
kept in Juvenile jail and correction homes. Then various
corrective measures are taken to change their behaviour and
develop positive direction. It is observed that delinquency is
increasing with increase in population and complexity of culture.
According to Reckless (1956), the term applies to the ‘violation of
criminal code and pursuit of certain patterns of behaviour
disapproved for children and youth adolescents’.
History
Historically, the concept of juvenile justice was derived from a
belief that the problems of juvenile delinquency in abnormal
situations are not amendable to the resolution within the
framework of traditional process of criminal law.3 Both Hindu law
(Manusmriti) and Islamic law (Sharia) made provisions for
maintenance and proper upbringing of the children. Under these,
the sole responsibility to provide care and protection to children
was of the parents. If in case the families were unable to protect
and take care of the children then someone from the community
took care of the children. The Hindu law and Islamic law have
mentioned different punishments for the children for certain
offences. In Muslim law, if a child is found throwing filth on the
public road, there is a specific injunction which forbids execution
of the children.4 On the other hand, under Hindu law, the child
has to clean the place and the adult has to pay the fine for the
act.5 Prior to adopting the English ideology, the Indian culture
treated child in need of protection and care and if any offence is
committed by him/her, they cannot be treated as per the adult
laws.

2 Merriam Webster Collegiate Dictionary : Eleventh Edition, 2014

3 Vedkumari, The Juvenile Justice in India: from Welfare to Rights, New Delhi:
OUP. Pg. 1
4 Unnithan, N. Prabha (edited. 2013). Crime and Justice in India; ch13, Kethineni
Sesha & Braithwaite Jeremy, towards a compliance model: The Indian Supreme
Court and the Attempted Revolution in Child Rights. New Delhi; sage
publication, Pg.306
5 Muller, M.F. (1886). The Laws of Manu. Oxford: Clarendon press

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Bharati Law Review, Oct-Dec, 2016 310

India has a long history of providing separate treatment for

juvenile delinquents. This different treatment can be traced as far
back as the Code of Hammurabi in 1970 BC. Under this code, the
responsibility for the supervision and maintenance of children
was vested upon the family.
The English ideology of providing separate treatment for juvenile
was passed to India in the last quarter of the nineteenth century.
The Apprentices Act, 1850 is chronologically the first English law
meant to deal with the children in distresses that are to be trained
for trade and industry. This act was enacted to provide that the
children under the age of 15 years who have committed petty
offences will be bounded as apprentices. Though, during the
colonial regime, in 1843, the first center for those children called
“Ragging School” was established by Lord Cornwallis.
During the British Rule laws like Whipping Act of 1864 was
passed to punish the juvenile through whipping and then setting
them free so that they don’t repeat the same act and to address
the issue of juvenile delinquency and child welfare. The Indian
Penal Code, 1860 exempts children under the age of seven years
from criminal responsibility, i.e. section 82 and treats them
differently through various procedures. Later, the Reformatory
Schools Act, 1897 came into effect which provided that children
up to the age of 15 years sentenced to imprisonment would be
sent to reformatory cells.
Only after the Independence, The Juvenile Justice Act, 1986 was
enacted for providing care, protection, rehabilitation and
development of delinquent juveniles. The Juvenile Justice Act,
1986 was introduced for formation of a uniform system and
procedure in the area of juvenile justice all over the country.
Under this Act, the age of male juvenile was kept sixteen years
and for girl age was kept eighteen years. Act defines ‘juvenile’
under the section 2 (a) as a ‘boy who has not attained the age of
16 years and a girl who has not attained the age of 18 years.’
This law was passed prior to the UNCRC (United Nations
Convention on the Rights of the Child), 1989 which was ratified by
India after 1992. In 2000, the former law was repealed and a new
law which was more exhaustive, i.e. The Juvenile Justice (Care
and Protection of Children) Act, 2000 was enacted and later it was
amended to increase the age of the child to 18 years to adhere to
the International ratified laws.
The one of the reasons behind juvenile justice law’s enactment
was to attain constitutional vision of India concerning care and

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Bharati Law Review, Oct-Dec, 2016 311

welfare of children. The provisions under constitution of India

which grants special status to the children are Article 15(3), 24,
39(e) & (f) and 45. Further Child Prohibition Act, 1986 was
enacted through constitutional directions. National Policy for
Children, 1974 & 2013 declare that children are national asset.
The Juvenile Justice (Care and Protection) Act, 2000 lays down
that juvenile offender may be kept in an ‘Observation Home’. On
the other hand, children in need of care and protection need to be
kept in a ‘Children Home’ while the proceedings are pending
before the competent authority. The main purpose behind this Act
was to rehabilitate the child and incorporate him/her in the
mainstream society. The ideology behind this step is that there
are possibilities of getting reformed due to his/her tender age and
lack of maturity. Hence, placing a responsibility over the State to
protect and reform the child.
Types
Delinquency exhibits a variety of styles of conduct or forms of
behaviours. Each pattern has its own type of social context.
Juvenile delinquency can be broadly classified into four types by
Howard Becker in 1966, i.e. individual, group- supported,
organized and situational delinquency.
Individual delinquency comprises of all the delinquent acts
committed by the juvenile individually. The cause is located within
the individual delinquent. The psychiatrists state that these are
caused due to psychological problems. These psychological
problems stem primarily out of defective and pathological family
interaction patterns. The psychiatrists tried to compare the
delinquent siblings from the non-delinquent ones and found the
most common cause of committing such offence as they were
unhappy and felt discontented with their life circumstances. They
indulge in delinquent acts for gaining attention from family or
peers in the first place. Others commit the delinquent acts to
reduce their guilt feelings. They also found that delinquent ones
differed from the non-delinquent ones on the basis of their
relationship with their fathers more than their mothers. In
addition, their discipline was also more harsh and stern.
On the other hand, group-supported delinquencies are committed
in companionship with others. The causes are not located merely
in the individual’s personality or in the delinquent’s family but in
the culture of the delinquent’s home and neighbourhood. The
main reason behind such delinquent acts is companionship with
others who are already delinquents. The psychology check behind

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Bharati Law Review, Oct-Dec, 2016 312

this is what is learnt and who it is learnt from rather than the
problems which might have motivated the individual to commit
such delinquent acts.
Organized delinquencies are committed by formally organized
groups. This involves certain set of values and norms which guide
the behaviour of the youth in the commission of delinquent acts.
The above mentioned types of delinquencies have one thing in
common, i.e. the delinquency is viewed as having deep roots. Like,
in individual delinquency’s cause lies deep down in the individual.
While in organized and group-supported delinquencies the root
cause lies in the structure of the society.
In situational delinquency the root causes does not lie down
deeply. Thus the controlling of such delinquent acts is easy as
compared to the other types of the delinquencies.
There are three major categories of juvenile delinquency, i.e.
violent crimes which result in bodily injury (such as assault,
murder and rape), property crimes are committed when a juvenile
uses force or threat of force to obtain the property of others and
drug related crimes involve possession or sale of illegal narcotics.
In “Juvenile Delinquency: Concept and Control”, Trojannovicz6
categorized juvenile delinquents into five categories. They are gang
organized and collective delinquency, unsocialized aggressive
boys, accidental offender, occasional delinquency and professional
delinquency.
Eaton and Polk in “Measuring Delinquency”7 classified juvenile
delinquencies into five major categories, i.e. minor violations
which include minor traffic violation, property violation, major
traffic violations which include automobile theft, human addiction
which include alcohol and drug addiction and bodily harm which
include homicide offences.
Causes
No one is a born criminal. The various circumstance both inside
and outside of the house of the child play a significant role in
shaping one’s life. The most common causes which associate with
delinquent crimes are poverty, child abuse, mental conflicts,

6 Trojannovicz, RC. Juvenile Delinquency: Concept and Control, Prentice Hall,

New Jersey, 1973.
7 Eaton JW, Polk K. Measuring Delinquency, Pittsburg Press, Pittsburg University,
1961.

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Bharati Law Review, Oct-Dec, 2016 313

adolescent instability, drug abuse, abusive parents, family

violence and anti-social peer group.
However, as far as India is concerned poverty plays a major role in
child’s life. This is one of the major cause because of which
children inclines themselves towards criminal acts. Poverty forces
a child to get involved in criminal acts. The vast majority of those
arrested and convicted belong to poor economic status. As they
lack resources the police as well as other law enforcing authorities
are severe on them. The people in better economic comfort are
seen to be quite favourable in administrative processes of law
enforcement. Poverty engenders antisocial activities in many
ways. Unsatisfactory human relations have been frequently seen
to emanate from destitution and poverty. As poor people have
lower mental resistance due to undernourishment and poor
physical health. They live in slum and the neighbourhood and the
environment is not adequate as they have no other choice in the
selection of residential locality. This leads to poor circumstances
as the child are driven to seek their recreations on the streets. The
budgeting problem fuels up the quarrels between the husband
and wife and thus they are not able to give proper attention and
care to their children though they have affection for them.
Further, because of lack of money, the reasonable demands of
school going children are mocked and education eventually
suffers. Poverty does different things to different people, like for
some its pressure can cause anti-social behaviour.
Social-media today is having more negative than positive imprints
on young minds. There is a growing concern that the social-media
which undoubtedly inform, educate and entertain have become a
source of contamination in child’s mind. They tend to provide
sensational information about the crime, i.e. the types and
techniques of the weapons. And this further leads to children
either committing the delinquent act with vengeful mindset or
they tend to educate their companions about the same. Motion
movies show that the crimes are exciting and tend to show that
there are ways in which the law can be eradicated. The prime
culprits are those films and programs loaded with violence and
vulgarity. This type of violence and vulgarity alleges to induce
viewers for committing rapes, robbery, assault or murder. In
India, a developing country where the literacy level is low these
types of actions have more impact on the general attitude and
behaviour.
There are numerous causes of juvenile delinquency. These include
domestic violence, living in areas of poverty and high crime rates,

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Bharati Law Review, Oct-Dec, 2016 314

inadequate social support and lack of access to education. None of

the young delinquents were born with hostility, rage and hatred
their environment and society has turned them into one. Many
juvenile behaviours, during the pre-teen and teenage years may
be considered normal behaviour for children. However, there are
certain signs that a child might be involved in bad direction.
These include chronic violation of rules, aggressive behaviour, etc.
There are certain risk factors which are common in juvenile
delinquents are peer association, low socioeconomic status, poor
school performance, peer rejection, mental disorders, permissive
parenting and authoritarian parenting.
Structural breaks in the family, except in case of death of any
family member leads to tension, quarrels and disruption of
peaceful living have a traumatic effect on the children. Though, in
some circumstances the family environment tends to improve the
atmosphere. The main reason behind such improvement is the
inter-personal communication and conditions of the family
members. Through the years, one of the most common cause of
juvenile delinquency is the parental inadequacy, i.e. their role in
upbringing of the children. The early family training can help in
inculcation of the values and norms which makes the child aware
of the values of the society and acquires characteristic of it. The
children must have the knowledge about the actions which are
permitted, prohibited and the reason behind that too. He/she
must know how to get along with others, i.e. other children and
adults. Depending upon the pattern of how the child is handled
and who is the role model in the family the child starts to learn
the basic responsibilities, i.e. inside and outside the house. The
important role that the parents have to do is that behaving in a
proper and consistent manner so that the child does not feel
insecure.
There are a number of factors which contributes towards the
criminal nature of the youth. Poverty is one of the main factors of
a delinquent youth. Other factors comprises of peer pressure,
neighbourhood, etc. most of these delinquents come from families
of abuse or discord or desertions or divorce. Education though
plays a major role in moulding the future of the children but the
system lacks this ability and thus contributes towards juvenile
delinquency.
There are two types of risk factors, i.e. individual and family
environment & peer influence. The parenting style and peer group
association in the child’s life plays a major role. Almost all the
researchers agree on the point that the delinquents are in one way

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Bharati Law Review, Oct-Dec, 2016 315

or another characterized by discords, divorces or abuses. The

immediate neighbourhood of the child can also affect the child’s
mind as he/she may adopt a way of living which comprises of
delinquent acts. Low intelligence, impulsiveness, aggression, lack
of empathy and restlessness comprises of individual psychological
risk factors. The level of parental supervision, the way parents
discipline a child, parental separation, harsh punishments,
parental neglect, parental abuse, criminal parents, criminal
siblings are some of the risk factors of family environment.
Some Heinous Crimes Committed by Juveniles – 2012-2013
 December 16, 2012 – Nirbhaya abducted, raped and
murdered in a moving bus in south Delhi by a juvenile and
his associates.
 November 29, 2013 – a group of five minors, which escaped
from a city juvenile home amid rioting and arson, murders
a jeweller’s wife in Mayur Vihar and flees with 50 kg of
silver jewellery and Rs. 10 lakh cash from the house.
 October 17, 2015 – two juveniles allegedly rape a toddler
after kidnapping her in Nangloi.
 24 December, 2015 – three shooters, who were borderline
juveniles, fire indiscriminately in a room at the
Karkardooma court complex, killing a policeman.
 24 February, 2016 – a 17 year old boy, released from
juvenile home for ‘good behaviour’ strangles an elderly
woman in south Delhi’s BK Dutt Colony.
 March 24, 2016 – four minors found to be involved in a
case in which a doctor was beaten to death in Vikaspuri.
 6 April, 2016 – two juveniles allegedly shoot an Uber driver
in Mundka area and flee with the car after dumping the
body.
Statistics

In 2012, juveniles held under Indian Penal Code are 35,465. In

2014, 75% juveniles held were above the age of 16 years. In the
year 2014, a total of 42,566 cases (under Indian Penal Code) were
registered against children below the age of 18 years, as against
the total number of 28,51,563 cases registered in the country
during that year.8 Total juveniles arrested in 2014 included 2,609
total numbers of repeat offenders.
Juvenile crimes have increased by over 47% in the past five years,
the government told the Rajya Sabha in February. The year 2014

8 National Crime Bureau Report – Ministry of Home Affairs, 2014

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Bharati Law Review, Oct-Dec, 2016 316

itself witnessed 33,981 murders of which 841 (2.5%) were

committed by juveniles. And, out of the 36,735 rapes, 1,989
(5.4%) rapes were committed by minors.
Nearly, 1,200 juveniles were apprehended in the first six months
of 2015 for different types of crimes. According, to National Crime
Records Bureau, cases involving juvenile delinquents went up by
18% in 2014 when 2,876 minors were tracked in 1,946 criminal
cases against 2,140 involved in 1,590 cases in 2013.
The involvement of juveniles in cases of rape in the capital shot up
158% in 2013, the year of the Nirbhaya incident, to 163 cases
from 63 a year earlier. The year saw 163 minor being
apprehended for rape and 76 for murder.
In the year 2013, there was an increase of 30% in overall crimes
committed by the juvenile delinquents. There were 928 cases of
burglary and snatchings in 2013 compared with 523 the year
earlier.9
Over 50% of juvenile crimes are sex offences. From 2012 to 2014,
there were 8,676 cases of rape or assault on women committed by
juvenile delinquents. Rape by juveniles rose by 70& in this period,
while assault cases shot up 160%. Non-adults are now a big
threat to the safety of women.10
Prevention
It is widely believed that early-phase intervention is the best
approach to prevent juvenile delinquency. Control of delinquency
needs effective implementation of Juvenile Justice Act, 2015 with
full public awareness and proper orientation and training to
professionals and law enforcement agencies. Government should
put more emphasis of useful and attractive beneficial long term
schemes for juveniles so that they feel motivated to join main
stream of the society. Thus they regain their self-confidence,
which is generally lost because of the callous attitude of the
society. The approach of the agencies like police involved in the
system may be more of reformative character rather than pure
penal. The objective may be to reform the delinquents, rather than
to punish them.
The prevention process includes involvement of individuals as well
as group and organizational efforts aimed at keeping adolescents
from breaking the law. Juvenile delinquency is a social disease the

9 National Crime Bureau Report – Ministry of Home Affairs, 2013

10 National Crime Bureau Report – Ministry of Home Affairs, 2012-2014

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Bharati Law Review, Oct-Dec, 2016 317

child or the adolescent has to be treated in such manner, so that

he/she can readjust with the society. The maladjustment with the
society has to be changed. The basic reason of juvenile
delinquency is being deprived of the basic amenities which they
try to fulfill through anti social methods. Hence, efforts should be
made in order to meet the basic requirements or needs of every
child in a socially approved manner whether a delinquent or a non
delinquent. Extra care should be taken of delinquent children.
Each juvenile delinquent has to be considered individually. The
main focus should be on the fulfillment of his/her needs for
power, prestige and recognition. Each individual case should be
read separately keeping in view the specific problems and causes
behind the committing such delinquent acts. Then only, it will be
possible to rehabilitate, readjust and recondition the individual in
the society.
The other suggestions for prevention of juvenile delinquency are
watch for the signs of maladjustment, providing the child with a
variety of experiences can serve purpose, attempt to build-up
stable system of moral and social values, reject the delinquent
behaviour without rejecting the delinquent, encourage the child to
talk about and admit the existence of anti social tendencies, and
change the condition of home, school and community.
Conclusion
From the above discussion, it is clearly stated that mere proper
implementation and amendments of Juvenile Justice Act cannot
help reduce juvenile delinquencies. It is vital to make aware of
civil society about this disease that exists in our society. Juveniles
involved in crimes are just not the criminals but also the victims
of this sick society. Juvenile delinquency can be stopped at an
early age, provided that due care is taken in the home and in the
school. Parents and teachers play a significant role in nurturing
and moulding the mind of the child. Instead of labeling the
juvenile delinquents necessary steps should be taken to give them
a scope of rectification. The errors made by them, i.e. either social
or psychological should be brought to their notice as soon as
possible. This social evil unlike any other crime is linked with the
maladjustment and imperfections of our society. There is no proof
that harsher laws will lead to fewer crimes. The ideal is gradually
gaining the wider acceptance that juvenile delinquent needs the
sympathy and understanding of our society and not just the
heavy hand of law.


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