JUVENILE JUSTICE ACT 2015 (Syllabus GS Paper 2 – Polity)

Context: In May, two young techies in Pune lost their lives to a speeding car driven by a teenager, who was subsequently granted bail by the Juvenile Justice Board under conditions criticized for leniency, as per the Juvenile Justice Act, 2015.

Juvenile Justice Act, 2015

• About: It was enacted by Parliament to replace earlier legislation, including the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children) Act, 2000.
• It allows for the possibility of trying adolescents above 16 as adults if they are accused of committing a “heinous” offence.

oA “heinous” offence is one with a minimum punishment of seven years or more. 

oOffences such as culpable homicide and causing death by negligence, which are common in drunken driving cases, are not “heinous” offences because they do not have a prescribed minimum punishment.

• Objective: To consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection. 
• Juvenile trial: The child is defined in the JJ Act, 2015 as a person who has not completed 18 years of age.
• Differentiated Trial: According to Section 15(1) of the Act, in case of a heinous offence alleged to have been committed by a child age group of 16-18 years the Juvenile Justice Board “shall conduct a preliminary assessment.
• Section 18 (3): The sole aim of preliminary assessment is to determine whether the child in the age of 16-18 years should be tried as an adult in case of heinous offence.
• Role of JJ Board: The Juvenile Justice Board (JJB) is solely responsible for conducting preliminary assessment, which it must complete within three months from the date of first production of the child before it.
• Punishment: It prescribes punishment for the various offences against children such as enhanced punishment for cruelty to children from six months to three years. 
• The selling or buying of children will be a punishable offence with imprisonment of five years.

Juvenile Justice (Care and Protection of Children) Amendment Act, 2021

• The recent amendment aims to delineate between heinous and serious offences more clearly under the JJ Act, impacting the adjudication of cases involving adolescents aged 16 and above.
• Classification of "Serious" Offences: The 2021 amendment of the JJ Act classifies offences with a maximum sentence exceeding 7 years but lacking a minimum sentence as "serious" offences, which still do not warrant transfer to the adult criminal justice system.