A child is considered delinquent when he commits an act that is contrary to the law in force at the time and at the same time not accepted by society in general. The main law for juvenile delinquency in India currently in force is the Juvenile Justice (Care and Protection of Children) Act, 2015.

Various laws have previously been enacted to address the threat of juvenile delinquency, including:

1. Apprentices Act, 1850

This was the first legislation that put children in a different situation than adult criminals and criminals. This Law provided that children belonging to the age group of 10 to 18 years convicted of any crime by the Court of Justice must receive professional training to help in their rehabilitation process.

2. Reform Schools Act, 1897

Under this law, the court was empowered to detain juvenile offenders in reform schools for a period of time from 2 to 7 years and also mentioned that detention could not be continued after the minor reached the age of 18.

3. Madras Children’s Act, 1920

This was the first Act to introduce the concept of juvenile courts and the same was later followed in the Bengal legislature’s juvenile legislation in the Bengal Children’s Act 1922 followed by the Bombay Children’s Act 1924.

4. Children’s Law, 1960

This Law represented a development with respect to the previous legislation, since it was approved to establish a basic model to follow. It provided for very elaborate and technical provisions covering various aspects. It provided for the establishment of Special Child Welfare Boards, specially designed to handle the cases of neglected children. The Act also went on to create a special position for the position of Probation Officer whose role was to advise and assist juvenile offenders. In addition, it established special children’s courts that deal with cases involving juvenile delinquents. This Act was the first detailed legislation that discussed all aspects related to juvenile delinquency.

5. National Policy for Child Welfare, 1974

The policy was a very welcome step towards the development of the nation’s children, as it emphasized the development of policies that would aid in the preparation and development of children and also emphasized providing equal opportunities for all children. during its development phase that would end. it would reduce the youth crime rate and increase the human resources of the nation as a whole. This policy, along with previous legislation, helped in the formulation of a uniform code for the delivery of the juvenile justice system in India.

6. Juvenile Justice Act, 1986

India was the first country to list the principles of the United Nations Standard Minimum Rules for the Administration of Justice by enacting the Juvenile Justice Act of 1986. This Act established the basic framework of the juvenile justice system in India. The law provided for a special approach that was required to be followed for the prevention and control of juvenile delinquency, and established norms and standards for the administration of juvenile justice. The law gave an inclusive definition of minor. According to the Law, the minor is a boy who has not reached the age of 16 and a girl who has not reached the age of 18. It also provided for the formation of special homes for juvenile delinquents and the processing of juvenile cases by special juvenile courts. In general, this law provided for an approach that provided for the care, protection, rehabilitation, and treatment of juvenile offenders. This law repealed all previous legislation and formed the first uniform code of the juvenile justice system in India.

7. Juvenile Justice (Care and Protection) Act, 2000

This Act was an amendment to the Juvenile Justice Act 1986. This Act entered into force in April 2001. This Act ensures that children in need of care and protection receive all necessary facilities regardless of their religion.

8. Juvenile Justice (Care and Protection) Act, 2014

This Law supersedes the aforementioned Laws. Establishes a provision whereby minors between the ages of 16 and 18 can be tried as adults for serious and heinous crimes. The law allowed the juvenile justice board to decide whether or not a minor should be treated as an adult in a particular case. The juvenile justice board is also made up of a psychologist and a sociologist. This Act introduced the provision of the Hauge Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, 1993, which was not included in the aforementioned legislation. The Law also provides for the adoption of orphaned, abandoned and surrendered children.

9. Juvenile Justice (Care and Protection) Act, 2015

This Act is currently in force and is followed throughout India. The Law divides minors into two groups;

has. The child in conflict with the law

b. Child in need of care and protection

The law establishes a uniform rule for all children under the age of 18 and also provides an exception for children belonging to the age group of 16 to 18 years, specifying that they can be tried as adults with respect to the serious and heinous crime if any. . committed by them. Under the said Act, a prison sentence of 3 to 7 years is provided for various offenses ranging from felonies, heinous to misdemeanors. It strictly establishes that no child can be sentenced to death regardless of the crime committed by him. It also provided for the mandatory establishment of a juvenile justice board in each district, to be chaired by a metropolitan magistrate and also by two social workers, including a woman. The board must conduct a primary investigation into the crime committed within a given period of time and decide whether a particular child should be sent to a rehabilitation center or not. Lastly, a special court is also established under the Act which is empowered to try cases against minors and also provided that in case no such court is established, the sessional court has jurisdiction to try the minor under of this Act. The Act also requires the establishment of a Child Welfare Committee.

Apart from these legislations, various provisions for children are made in the Constitution of India under Article 15(3) which allows the state to make special provisions for the development of children followed by Article 23 which prohibits human trafficking, forced labor and begging. This was a practice. that he had seriously exploited the children. Also, article 24 of the provision for the prohibition of employment of children under 14 years of age. These provisions were enacted in the Constitution to ensure that children’s development is not hampered and that they do not tend to develop criminal traits.

Not just limited to the constitution, the Indian Penal Code also and the Code of Criminal Procedure make special provisions for children which are as follows:

1. Section 82 of the IPC

It establishes absolute immunity for a child under 7 years of age and establishes that nothing is a crime committed by a child under 7 years of age.

2. Section 83 of the IPC

This section again establishes that a crime committed by a child over the age of 7 and under the age of 12 is not a crime if said child is not mature enough for the judge to understand the consequences of his act.

3. Article 317 of the IPC

Whoever, being the father or mother of a child under the age of twelve, taking care of such a child, exposes or leaves such a child in any place with the intention of completely abandoning it, shall be punished with a sentence of imprisonment of any of both a term that may be extended to seven years; or with a fine, or with both.

4. Article 361 of the IPC

Anyone who takes or induces a minor under sixteen years of age if male, or a minor under eighteen years of age if female, or any person in their right mind, outside the custody of the legal guardian of said minor or person in their right mind, without the consent of said guardian, is said to have kidnapped said minor or person of legal guardianship.

5. Article 27 of the Code of Criminal Procedure

Any offense not punishable by death or life imprisonment, committed by any person who on the date he appears or is brought before the court is under the age of sixteen, may be tried by the court of a Superior Magistrate, or by any court specially empowered under the Juvenile Act 1960 (60 of 1960), or any other law in force at the time providing for the treatment, training and rehabilitation of juvenile offenders.