Juvenile Delinquency in India: An Empirical and Socio-Legal Assessment of Trends, Patterns and the Institutional Response

Authors

  • Manjiri Gautam Joshi, Dr. Mehul R. Shah

Keywords:

juvenile delinquency, juvenile justice, NCRB, children in conflict with law, preliminary assessment, socio-legal analysis, rehabilitation

Abstract

The analysis finds that the incidence of juvenile offending declined by approximately thirty per cent between 2013 and 2022 but has risen in each of the two most recent years, and that the crime rate per lakh of the child population — a more reliable indicator than the absolute count — rose from 6.5 in 2020 to 7.9 in 2024, indicating that the apparent decline has been overstated. The composition of juvenile offending is dominated by theft and hurt, which together account for roughly half of all juvenile offences, while murder and rape account for approximately three and four per cent respectively; offending is overwhelmingly concentrated among males and among adolescents aged sixteen to eighteen years; and it is associated with low family income, educational discontinuation and disrupted parental care. The paper argues that the reformative design of the 2015 Act is well supported by this evidence, that the transfer provision addresses a statistically small minority of cases, and that the principal failing of the framework lies not in its design but in the gap between its design and its implementation — a gap evidenced by delays before the Juvenile Justice Boards, under-resourced observation and special homes, an acute shortage of trained psychologists and counsellors, and the near-absence of systematic data on recidivism and reintegration outcomes.

References

Constitution of India, arts. 14, 15(3), 21, 21A, 23, 24, 39(e)–(f) and 45.

Juvenile Justice (Care and Protection of Children) Act, 2015 (Act 2 of 2016).

Juvenile Justice (Care and Protection of Children) Model Rules, 2016.

Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 (Act 23 of 2021).

Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).

Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009).

Probation of Offenders Act, 1958 (Act 20 of 1958).

National Crime Records Bureau, Crime in India (annual series, 2013–2024), Ministry of Home Affairs, Government of India, New Delhi.

Ministry of Women and Child Development, Government of India, Annual Reports and Child Protection Services data (various years).

National Commission for Protection of Child Rights, Guidelines on Preliminary Assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, New Delhi.

National Legal Services Authority, NALSA (Legal Services to Children) Scheme, 2015, and Annual Reports.

Law Commission of India, Report on the Age of Consent under the Protection of Children from Sexual Offences Act, 2012 (Report No. 283, 2023).

United Nations Convention on the Rights of the Child, 1989 (ratified by India, 1992).

United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (Beijing Rules).

United Nations Guidelines for the Prevention of Juvenile Delinquency, 1990 (Riyadh Guidelines); United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990 (Havana Rules).

Ved Kumari, The Juvenile Justice System in India: From Welfare to Rights (Oxford University Press, 2nd edn, 2010).

Terrie E. Moffitt, “Adolescence-Limited and Life-Course-Persistent Antisocial Behavior: A Developmental Taxonomy” (1993) 100(4) Psychological Review 674.

Laurence Steinberg, “A Social Neuroscience Perspective on Adolescent Risk-Taking” (2008) 28(1) Developmental Review 78.

Dr. Subramanian Swamy v. Raju, (2014) 8 SCC 390; Salil Bali v. Union of India, (2013) 7 SCC 705.

Shilpa Mittal v. State of NCT of Delhi, (2020) 2 SCC 787; Barun Chandra Thakur v. Master Bholu, (2023) 12 SCC 401; Sampurna Behura v. Union of India, (2018) 4 SCC 433; Pratap Singh v. State of Jharkhand, (2005) 3 SCC 551; Hari Ram v. State of Rajasthan, (2009) 13 SCC 211; Jarnail Singh v. State of Haryana, (2013) 7 SCC 263; Sheela Barse v. Union of India, (1986) 3 SCC 632.

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How to Cite

Manjiri Gautam Joshi, Dr. Mehul R. Shah. (2024). Juvenile Delinquency in India: An Empirical and Socio-Legal Assessment of Trends, Patterns and the Institutional Response. International Journal of Research & Technology, 12(3), 205–216. Retrieved from https://ijrt.org/j/article/view/1835

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