Juvenile Justice in India: An Analysis On Increase in Number of Juvenile Offenders With Respect To Technological Advancement
Juvenile Justice in India: An Analysis On Increase in Number of Juvenile Offenders With Respect To Technological Advancement
Shivangi Sharma
Ph.D. (Law) scholar of Rabindranath Tagore University (RNTU), Bhopal
Introduction
Children are the backbone of any society. They are the Nation’s future and pride.
Juvenile are the children below 18 years of age or who hasn’t completed the age of 18 years.
What is more shocking about the juvenile is the share of crime which they are contributing in
total offences. Juvenile offenders are the children who has committed crime, We generally
considered them as an offender rather than criminals. According to Indian penal Code,1860
the children upto the age of 7 are considered as incapable of framing intent and the children
between the age of 7-12 are also considered as incapable of developing intent unless it could
be shown by his maturity and understanding that he was aware of the consequences of his
actions.. The Juvenile Justice System in India originated during the British rule and was the
direct consequence of western ideas and developments in the field of prison reforms and
juvenile justice. The juvenile court established under the Madras Children Act,1920 was not
different from that under the English Children Act,1908. But subsequent Children Acts
dispensed with the presence of lawyers on the lines of the parens patriae model of the
American juvenile courts. The juvenile welfare boards, adopted by the Scandinavian
countries became an integral part of the legislations dealing with delinquent and neglected
children since 1960.1
1
History and Devlopment of Juvenile Justice Delivery System, Shodhganga (November 21, 2022, 1:00 p.m.),
http://shodhganga.inflibnet.ac.in/bitstream/10603/7809/10/10_chapter%203.pdf
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2
Summary of ICCPR and ICESCR, eycb.coe.int, http://www.eycb.coe.int/compass/en/pdf/6_4.pdf
3
International Bill of Human Rights, human rights (November 27,2022, 3:14 p.m.),
http://www.humanrights.com/what-are-human-rights/international-human-rights-law/international-human-
rights-law-continued.html
4
History and Devlopment of Juvenile Justice Delivery System, Shodhganga (November, 2022, 3:54p.m.),
http://shodhganga.inflibnet.ac.in/bitstream/10603/7809/10/10_chapter%203.pdf
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governments have committed themselves to protecting and ensuring children’s rights and
they have agreed to hold themselves accountable for this commitment before the international
community.5 In the view of the Juvenile matters, the main Articles in CRC related to
juveniles are Article 37 and 40.
Articles 37(Detention and punishment): No person is allowed to punish children in a cruel
or harmful way. Children who break the law should not be treated cruelly. They should not be
put in prison with adults, should be able to keep in contact with their families, and should not
be sentenced to death or life imprisonment without possibility of release.
Article 40 (Juvenile justice): Children who are accused of breaking the law have the right to
legal help and fair treatment in a justice system that is respectful of their rights. Governments
are required to set a minimum age below which children cannot be deemed criminally
responsible and to provide minimum guarantees for the fairness and quick resolution of
judicial or alternative proceedings.
Beijing Rules
UN Minimum Rules for the Administration of Juvenile Justice which is also known as
‘Beijing Rules’ came in existence in 1985. The Beijing Rules provide guidance to states on
protecting children’s rights and respecting their needs when developing separate and
specialised systems of juvenile justice. They were the first international legal instrument to
comprehensively detail norms for the administration of the juvenile justice with a child rights
and child development approach.6
Riyadh Guidelines
Riyadh Guidelines were adopted and proclaimed by General Assembly resolution
45/112 of 14 December 1990. United Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines) followed immediately. Rule 7 of the Riyadh Guidelines
provides that its provisions are to be ‘interpreted and implemented within the broad
framework of the Universal Declaration of Human Rights, the International Covenants on
Economic, Social and Cultural Rights, the International Covenants on Civil and Political
Rights, the Declaration of the Rights of the Child, and the Convention on the Rights of the
Child, and in the context of the Beijing Rules, as well as other instruments and norms relating
to the rights, interests, and well-being of all children and young persons. The basic idea
behind the Riyadh Guidelines is the recognition of the need for and importance of progressive
5
Convention on the Rights of the Child, WikiProgress (November 30,2022 9:00 p.m.),
http://wikiprogress.org/articles/children-youth/convention-on-the-rights-of-the-child/
6
R.N. Choudhary, Law Relating To Juvenile Justice In India, (4th edn, 2013)
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7
Supra Note 4
8
Conceptual Analysis of Juvenile Justice, Shodhganga (November 30, 2022, 1:28 p.m.) at 70,
http://shodhganga.inflibnet.ac.in/bitstream/10603/127042/9/09_chapter%202.pdf
development needs and by adopting a child friendly approach in the adjudication and
disposition of matters in the best interest of children and for their ultimate rehabilitation
through various institutions established under this enactment.
The Juvenile Justice Act 1986 was repealed by this act. Any action taken under the former act
would be deemed to have been taken under the corresponding provisions of this new Act.9
Cyber Delinquency
It is criminal activity carried out by means of computers or the Internet. The word
delinquency is used with a reference to juvenile justice law. The criminal justice system, not
just in India but in entire world has faced the dilemma of what to do when the offenders are
minors. In India, a separate juvenile justice system exists with its own courts and
rehabilitation facilities as juveniles cannot be jailed. When a juvenile commits a crime, it is
not called a crime it is called delinquent conduct. This explains why we can’t refer cyber
offences committed by juveniles as cyber crime but cyber delinquency.10
Juvenile Cyber Delinquency
The Internet space or cyber intergalactic is growing very fast and as the cyber
offenses. Some of the kinds of Cyber felons are mentioned as below.
Hackers: They are the individuals who explore others' computer systems for education, out
of curiosity, or to compete with their peers. They may be attempting to gain the use of a more
authoritative computer, gain respect from fellow hackers, build a status, or gain receipt as an
expert without formal education.
Pranksters: They are the individuals who perpetrate tricks on others. They generally do not
intend any particular or long-lasting harm.
Career felons: They are the individuals who earn part or all of their income from crime,
although they Malcontents, addicts, and irrational and incompetent people: "These
individuals extend from the mentally ill do not necessarily engage in crime as a full-time
occupation. Some have a job, earn a little and steal a little, then move on to another job to
repeat the development”.
9
Ms. Bobby Anand, Juvenile Justice in India- On A Path To Redemption, LawyersClubIndia (December
2,2022, 1:28 p.m.), http://www.lawyersclubindia.com/mobile/articles/details.asp?mod-id=181
10
Harshal Morwale, Juvenile Cyber Delinquency- Evaluation of Legal Implications, Academia (December, 2,
2022, 4:04 p.m.),
http://www.academia.edu/15156318/Juvenile_Cyber_Delinquency_Evaluation_of_legal_implications
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Cyber Pestering: This crime involves use of internet to harass someone. The behavior
includes false accusations, threats etc. Normally, majority of cyber stalkers are men and the
majority of victims are women.
Spamming: Spamming is sending of un-solicited bulk and commercial messages over the
internet. Although exasperating to most email users, it is not illegal unless it causes damage
such as congestion network and disorderly service to subscribers or creates negative impact
on consumer attitudes towards Internet Service Provider (ISP).
Cyber Pornography: Women and children are victims of sexual exploitation through
internet. Pedophiles use the internet to send photos of illegal child pornography to targeted
children so as to attract children to such funs. Later they are sexually exploited for gains.
Phishing: It is a criminally fraudulent process of acquiring sensitive information such as
username, passwords and credit card details by concealing as a trustworthy entity in an
electronic Communication.
Software Piracy - It is an illegal imitation and distribution of software for business or
personal use. This is considered to be a type of infringement of copy right and a violation of a
license agreement. Since the unsanctioned user is not a party to the license agreement it is
difficult to find out remedies.11
Most Common Juvenile Cyber Delinquency
According to rational choice theory designed by Cornish and Clarke, an offender first
weighs the benefits of the crime against the punishment (if caught), and then decides to
commit a particular offense. Unlike adults, who are ultimately responsible for their own
actions, juveniles are drawn in many directions. Some juvenile crimes are based on impulse,
others are premeditated. Juveniles committing cyber related offences may not even consider
the pros and cons, and may act on impulse, failing to realize how wrong their decision could
be. They fail to believe that computer crimes are actually crimes.12
1. Cyber Bullying: Cyber bullying is bullying that takes place using electronic technology.
Electronic technology includes devices and equipment such as cell phones, computers, and
tablets as well as communication tools including social media sites, text messages, chat, and
websites. Examples of cyber bullying include mean text messages or emails, rumors sent by
11
P. Arokia Vasantha Ravi, Cyber Crime- An Overview of Security Measures, Seclusion, Fortification and
Suggestions, 5 IJARCSSE 9, 9 (2015)
12
Harshal Morwale, Juvenile Cyber Delinquency- Evaluation of Legal Implications, Academia (December 04,
2022, 4:40p.m.),
http://www.academia.edu/15156318/Juvenile_Cyber_Delinquency_Evaluation_of_legal_implications
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email or posted on social networking sites, and embarrassing pictures, videos, websites, or
fake profiles.13
2. Digital Piracy: Digital piracy is sharing and/or downloading of software and digital music
and movies without the permission of the copyright holder. Kids who would never in a
million years shoplift a DVD will "steal" thousands of songs without compunction.
This happens because, according to a study that appeared in the journal Psychology Crime
and Law, most college students don't consider such downloading to be stealing and don't
believe it's morally wrong. There are probably a number of reasons for this: The intangible
nature of digital "goods" is different from that of tangible goods. Traditionally, the crime of
theft involved "unlawfully appropriately property without the effect consent of the owner,
with the intent to deprive the owner of the use of the property." When you download a copy
of a song, you don't deprive the owner of the use of that song, as you do when you steal a
tangible item. Kids have a hard time understanding abstractions.14
3. Pornographic material: Swapping of pornographic material is another common juvenile
cyber delinquency. This is a case (unless it involves underage models/actors) of an act that is
illegal for juveniles but becomes perfectly legal on one's eighteenth birthday. A profound
interest in sex is a part of human nature and teenagers are awash in hormones that make this
"crime" almost inevitability, given the temptation of all that easily available porn on the
Internet.
Hacking: Criminal trespass via computer (which most laws call unauthorized access) is
another of the most common juvenile cybercrimes. The stereotypical hacker is a nerdy
teenager who breaks into remote systems not for the purpose of stealing and using
information, and often not even for the purpose of creating havoc, but merely to prove to
himself and others that he has the skills to do it. In some cases, however, that teenager can be
prosecuted under the same laws (and sentenced to the same penalties) as a terrorist who hacks
into systems to disrupt vital communications with the intent to cause serious injury and
death.15
13
What is Cyber Bullying,StopBullying,(December 5, 2022, 4:47
p.m.),https://www.stopbullying.gov/cyberbullying/what-is-it/
14
Natalie Wolchover, Illegal Downloading Is OK, College Kids Say, LiveScience (December 05, 2022, 5:08
p.m.) http://www.livescience.com/13692-illegal-downloading-college-kids.html
15
Deb Shinder, Juvenile cyber-delinquency: Laws that are turning kids into criminals, TechRepublic,(
December 06, 2022, 5:15 p.m.) http://www.techrepublic.com/blog/it-security/juvenile-cyber-delinquency-laws-
that-are-turning-kids-into-criminals/
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16
Supra Note 8
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17
Better Care for young offenders , nytimes,(December 08, 2022, 8:00 p.m.)
http://www.nytimes.com/2013/03/02/opinion/better-care-for-juvenile-offenders.html
18
Deb Shinder, Juvenile cyber-delinquency: Laws that are turning kids into criminals, techrepublic ( December 08, 2022,
9:42 a.m.) http://www.techrepublic.com/blog/it-security/juvenile-cyber-delinquency-laws-that-are-turning-kids-into-criminals/