A child is seen as a delinquent when he devotes an act that is contrary to the law for the time being in force and in precisely the exact same time also not approved by the society in large.
Formerly various legislation were enacted to Take Care of the menace of juvenile delinquency which comprises:
1. Apprentices Act,1850
This is the very first law that brought kids on a different footing from that of adult offenders and criminals. This Act given that kids who belong to an age group of 10-18 years convicted of any offence by the Court of Law should be granted such vocational training that will aid in their rehabilitation procedure.
2. Reformatory School Act, 1897
Below this Act, the Court was permitted to arrest the juvenile delinquents at reformatory schools for a period of 2-7 decades and mentioned that the exact same couldn't be continued after such a juvenile has reached the age of 18years.
3. Madras Children Act, 1920
This was the very first Act which brought forth the concept of juvenile courts and the same was later on followed in legislation regarding juveniles by Bengal legislature in Bengal Children Act, 1922 followed by Bombay Children Act, 1924.
4. The Children Act, 1960
This Act was a growth over the former legislation as it had been passed to decide on a simple model which was followed. It provided for quite elaborate and specialized terms coverings various facets. It provided for the establishment of Special Child Welfare Boards that was especially designed to manage the instances of their neglected children. The Act went to make a unique post for the job of a probationary officer whose purpose was to advise and help the delinquent juveniles. What's more, it created special courts for kids which dealt with the cases concerning the juvenile delinquents. This Act was the very first detailed legislation talking all of the aspects about the juvenile delinquency
5. National Policy for The Welfare of Children, 1974
The coverage was an extremely welcoming step to the growth of children of their country as it put stress on making these policies that will aid in grooming and development of both children and stressed on providing equal opportunity to all children throughout their period of growth that would wind up decreasing the speed of juvenile delinquency and might raise the human source of the country at large. This policy combined with previous laws assisted in the formulation of a uniform code for delivery of juvenile justice program in India.
6. Juvenile Justice Act, 1986
This Act placed the simple frame of the juvenile justice system in India. The Act provided for a distinctive strategy that was asked to be followed closely for its prevention and management of their juvenile delinquency, it's set criteria and criteria for the management of juvenile justice. The Act gave a comprehensive definition of juvenile. According to the Act, the juvenile is a boy who hasn't attained 16 decades old and a woman who hasn't attained 18 decades old. Additionally, it provided for the creation of particular homes for the juvenile delinquents and managing of those cases of juveniles by particular juvenile courts. This Act and large provided for a strategy that provided for the care, rehabilitation, protection, and therapy of the late juveniles. This Act repealed all former laws and shaped the initial uniform code of juvenile justice system in India.
7. Juvenile Justice (Care and Protection) Act, 2000
This Act proved to be a reversal of the Juvenile Justice Act of 1986. This Act has been enforced in April 2001. This Act guaranteed that the kids that are in need of protection and care are supplied with all the needed facilities despite their faith.
8. Juvenile Justice (Care and Protection) Act,2014
This Act replaces the earlier mentioned Acts. The Act enabled the juvenile justice board to determine if a juvenile ought to be handled as an adult in a specific situation or not. The juvenile justice board represents a psychologist and a sociologist too.
9. Juvenile Justice (Care and Protection) Act, 2015
This Act is currently in force and tracked during India. The Act divides juveniles to two places;
a. The kid in conflict with legislation
b. Child in need of protection and care
The Act provides for a uniform rule for all children under age 18 decades and provides an exception for children belonging to the age category of 16-18years demonstrating that they might be tried as adults with respect to this heinous and serious offence if any perpetrated by them. Under the said Act that an imprisonment varying from 3-7 years is supplied for a variety of offences varying from severe, heinous to trivial offences. It firmly laid down that no kid could be given a sentence of death regardless of the offence given by them. Additionally, it provided for a compulsory establishment of a juvenile justice plank in each district that could be daunted by a metropolitan magistrate along with two social workers, such as a female. The board must run a main identification concerning the crime committed in a specific time period and choose thereupon if a specific kid ought to be routed to a rehab center or not. Last, a particular court can also be created under the Act that's permitted to try cases against the juveniles and also given that if such court isn't established the sessions court has the authority to test the juvenile under this Act. The action also requires the institution of a Child Welfare Committee.
Apart from these legislations, many provisions are designed for kids from the Constitution of India under article 15(3) which empowers the nation to create exceptional provisions for the growth of youngsters followed by Article 23 which prohibits human trafficking driven labor and beggar this was a training that had exploited kids poorly. Additionally, Article 24 of those supplied for its prohibition on employment of children under 14 decades old. These provisions were enacted in the Constitution to make sure that the growth of the children isn't hindered and they don't tend to create delinquent traits.
Not Just Limited to the constitution that the India Penal Code too along with also the Code of Criminal Procedure provides for specific provisions for kids which are as follows:
1. Section 82 of this IPC
It provides for a complete resistance to a child under seven decades old saying that nothing is an offence that is done by means of a child under seven decades old.
2. Section 83 of the IPC
This segment again provides an offence committed by a child over seven decades old and under 12 years isn't an offence if such a kid doesn't have enough maturity to comprehend the gauge the consequences of their action.
3. Section 317 of this IPC
Whoever being the father or mother of a child below the age of twelve decades, with the care of this child, will expose or depart such child in any area with the goal of entirely left this child, shall be punished with imprisonment of either description for a term that might extend to seven years; or with fine, or with both.
4. Segment 361of that the IPC
Everybody takes or entices any minor under sixteen decades old when a man, or under eighteen decades of age when a lady, or some person of unsound mindout of the retaining of the legal guardian of such minor or person of unsound mind, without the consent of such guardian, is thought to kidnap such minor or person from legal guardianship.
5. Section 27 of The Code of Criminal Procedure
Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of sixteen years, may be tried by the court of' a Chief- Judicial Magistrate, or by any court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.