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The IUP Journal of Law Review

Tackling Juvenile Delinquency in India: A Critical Legal Review

Article Details

Pub. Date	: April' 2023
Product Name	: The IUP Journal of Law Review
Product Type	: Article
Product Code	: IJLR050423
Author Name	: Kohelica Nag and D Ganesh Kumar
Availability	: YES
Subject/Domain	: Arts & Humanities
Download Format	: PDF Format
No. of Pages	: 08

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Abstract

Children under the age of 18 who are in dispute with the law and have been arrested on criminal charges or are involved in criminal conduct are referred to as juvenile delinquents. A police officer cannot legally arrest a minor; they must instead be captured. Teenagers between the ages of 16 and 18 who commit very terrible crimes are the only ones who may be prosecuted and sentenced as adults. After a psychological assessment of a juvenile offender's criminal behavior, the next step in rehabilitation is to engage him or her in meditative practices like yoga and meditation. The Juvenile Justice Act of 2015 specifies in Section 15 that the Juvenile Justice Board may carry out a preliminary assessment to determine whether or not a child between the ages of 16 and 18 has the maturity, mental capacity, and physical ability to commit a heinous offense. To help them decide whether or not to try a kid as an adult, the board will consult with licensed psychologists and psychosocial specialists who have extensive expertise working with problematic youth. Experts have pointed out that children under the age of 18 are to be treated equally, as stated in the Juvenile Justice Act of 1995 and the United Nations Convention on the Rights of the Child 2015. This is not in keeping with Article 14's guarantee of equality.

Introduction

A "delinquent" is typically a young person who has committed an offense. The word "delinquency" is used to describe youth who engage in behavior considered illegal or immoral if committed by an adult. Juvenile delinquency is often understood to refer to wrongdoing by those who are minors, it has been an issue for society for long. There has been a continuous discussion as to what should be the key remedy to this social issue: punishment, therapy, or rehabilitation?

A minor is a kid who has not yet attained legal majority age under the Juvenile Justice Act of 1960. Under the act, the age limit for boys is 16, and for females, it is 18.