JUVENILE JUSTICE
Juveniles are children who have not attained the age of criminal culpability and are considered immature and innocent. Perception shifts from generation to generation, and children learn things at a young age that earlier generations would have learnt later in life, such as crime and deviance. Children nowadays reach maturity at a young age and begin committing crimes of their own volition. However, there was concern that they would not be able to be executed by a court. Juvenile Justice was created at the time to deal with these children who were involved in illegitimate activities. If children are participating in illegitimate acts that are covered by the IPC[1] and CrPC[2] and are criminal in nature, the law has set an age limit for the penalty of these juveniles.
In this system of guidelines, general rules and procedures are established to keep everything in control linked to the process and procedure of juveniles breaking the law and committing offences, as well as providing legitimate remedies to maintain their interests safe and reasonable according to their age. When their parents or other lawful caregivers are absent, unprepared, inattentive, or involved in custody issues, policies are in place to protect their interests. Corporal punishment[3] is outlawed in many nations and is harsh, thus it is not considered in the Indian legal system, even though it is legal in some regions of the United States and elsewhere.
Documents demonstrate that in the past, restoring military personnel to the lowest rank of punishment in locations and ranges where it had been suspended resulted in an increase in juvenile criminality. Opponents of corporal punishment feel it is cruel and uncaring, and that it risks glorifying the individual responsible for the wrongdoing of those who get it.
JUVENILE COURT
Juvenile Court is a special tribunal with the competence to form decisions and conduct actions for offences committed by minors. In India, as in many other countries, the current legal system considers juveniles aged 13 to 19, and if they believe a crime is neither wrong nor a right, they must be treated differently from adults. Juveniles, on the other hand, who commit acts that are heinous and serious in character and plainly demonstrate that the child has achieved adulthood, will be prosecuted as adults.
Since 1970, the number of violent crimes perpetrated by juveniles has increased. The court could not order the execution of crimes like as murder and rape perpetrated by young men and women. Countries such as Australia and Japan, on the other hand, are still in the early stages of growth, with youth-focused instruments merely being the first positive steps. The man or woman court has enlisted the help of 13 young people as deterrents.
In a variety of arts and learning situations, issues of a child committing crimes are becoming increasingly prevalent. Throughout hundreds of years, everything has been prevalent in all nations, causing concerns about justice, particularly the preservation of children’s rights in relation to the history of juvenile courts. The juvenile justice system’s larger social growth has shifted this overall trend, and complete remedies to the problem have become more widely applied.
There are various significant similarities and dissimilarities in Juvenile justice and Juvenile court
SIMILARITIES
- A juvenile has the right to have their own attorney under Juvenile Justice. He must be aware of his rights and be able to question and satisfy himself by questioning and examining witnesses, whereas in juvenile court, a minor must be informed of the charges leveled against him or her by law, and the prosecution must still prove beyond a reasonable doubt that the minor committed the charged offence.
DISSIMILARITIES
- A juvenile is thought to require “delinquent conduct[4]” treatment. If the alleged conducts are significant enough, the youngster may be tried as an adult for committing crimes in adult court.
- As previously stated, defendants in juvenile court are not entitled to a jury trial. The goal of the bench hearing is to determine the juvenile’s guilt or innocence, and during this procedure, the minor must submit evidence connected to the accused crime. If the minor is found guilty, the case will go to the punishment phase. The purpose of sentencing in the juvenile justice system is rehabilitation rather than punishment, which is another distinction between the adult and juvenile justice systems.
- Another distinction between the adult and juvenile justice systems is that in the juvenile justice system, the goal of punishment is replaced by rehabilitation. A social justice benefit, such as community service or therapy, is usually included in the sentencing if the child desires it. If the child requests it, a social justice benefit such as community work or therapy is frequently included in the sentence.
- The juvenile justice system is more flexible and forgiving than adult courts. Evidence requirements such as cross-examination and cross-examination of witnesses are not severely enforced under the Civil Procedure Code[5]. Because the judge is the only one who can decide whether evidence that violates this criterion will be permitted, the judge is the final arbitrator of the case’s conclusion.
CONCLUSION
Juvenile delinquency has a significant impact on the ethics and values of future generations and society, and so requires special care. The government, as well as numerous agencies and organizations, take this issue seriously and work diligently to improve the system. The most significant role in resolving this issue is played by our culture, particularly parents and teachers. Juvenile delinquency should be dealt with caution since it has the potential to spiral out of control in the future.
Every youngster involved in unlawful behavior should be dealt differently because each person has different circumstances that led them to this point. Various approaches and methodologies should be adopted to ensure that juveniles are properly rehabilitated to the maximum level possible. New technology and corrective procedures must be used to ensure that the correct issue is diagnosed and treated, resulting in a reduction in juvenile delinquency reports.
Author’s Name: Purvi Srivastava (Bennett University, Greater Noida)
[1] Indian Penal Code, 1860 https://legislative.gov.in/sites/default/files/A1860-45.pdf
[2] Criminal Procedure Code, 1973 https://legislative.gov.in/sites/default/files/A1974-02.pdf
[3] https://www.britannica.com/topic/corporal-punishment
[4] https://www.nedbarnett.com/practice-areas/juvenile/delinquent-conduct-cins/#:~:text=Texas%20law%20states%20delinquent%20conduct,Class%20B%20misdemeanor%20or%20above.
[5] Civil Procedure Code, 1908 https://legislative.gov.in/sites/default/files/A1908-05.pdf
