This document provides a critical analysis of the juvenile justice system in India. It discusses the historical background and legislation related to juvenile justice over time. This includes the Juvenile Justice Act of 2015, which reduced the age of juvenility to 16 years and defines heinous offenses for which a juvenile can be tried as an adult. The document notes shortcomings of the 2015 Act, arguing it ignores rehabilitation. It provides the presenter's views that the age of minority should remain 18, rape and murder should be categorized as heinous offenses, and juveniles should not be sent to prison but rather kept in special homes. The conclusion states that children are assets to the nation and laws should not be amended due to public pressure and outrage in

1. Critical analysis of
Juvenile Justice System
in India
Presented by:
Atul S. Jaybhaye
B.A.LL.M.NET
Assistant Professor
Govt. Institute of Forensic Science, A’bad

2. Historical background
 Related Legislation in India:
 The Apprentice Act of 1850
 The Reformatory Schools Act of 1897
 The Children Act of 1960
 The Juvenile Justice Act of 1986
 The Juvenile Justice (Care & Protection of Children),Act
of 2000.
 The Juvenile Justice (Care & Protection of Children),Act
of 2015.

3. Introduction
 Who is a Juvenile? Sec. 2(35) of JJA 2015
 Definition of “Child in conflict with law” Sec. 2(13) of JJA
2015
 Protection given to juvenile under Juvenile Justice Act,
2015 and under I.P.C. 1860
 Why there is need for giving special treatment to women
& children? Art. 15(3) of The Constitution of India.
 Impact of Delhi gang rape case and need for reforms.

4. Juvenile Justice Act, 2015
 Important amendments under the new Act
a. Reduced the age of juvenility i.e. 18 to 16 years
b. Defines ‘Heinous offences’.
c. Juvenile can be tried as an adult in exceptional cases.
d. preliminary assessment by the board.
e. Juvenile to remain in place of safety till he attains age of
21 years.

5. Shortcomings of the JJA 2015
 It ignores the very purpose of the Act i.e. rehabilitation of child
 Juveniles now can be tried as an adult for 46 offences which are
heinous. Ex. MOCCA Act, NDPS Act.
 A Juvenile may turn into hardened criminal if he is sent to prison.
 What if a child of 15 years commits offence of brutal rape with
murder in future?
 A law should be a rationale one instead of based on emotions.

6. Need for a change; my views
 Age of minority should be 18 years only as per the old Act.
 Rape and murder should be categorised as heinous offences.
 No need of sending juveniles to prison, rather empower JJB to keep
them in special home for a maximum period of 7 years .
 Make provision for rigorous imprisonment with hard labour in rarest of
the rarest cases.
 Provide education, counselling as well while suffering imprisonment.
 Age of criminal responsibility in other countries is very less, we can’t
adopt same approach.
 Maturity of a child differs from child to child, so we can’t determine
age of criminal responsibility.

7. Conclusion
“Children are considered as assets of our nation, we
can’t jeopardize their future by enacting or
amending a law by surrendering to the public
pressure and outrage.”

8. Thank you…