Juvenile delinquency under Bharatiya Nyaya sanhita 2023

Abstract

Juvenile delinquency under the Bharatiya Nyaya Sanhita (BNS), 2023, marks a significant shift in India’s criminal law, especially in treating crimes involving minors. BNS Sections explicitly define a child and prioritize offences against women and children, prescribing severe punishments for heinous acts like gang rape, murder, and trafficking, including life imprisonment or death in extreme cases. The Juvenile Justice (Care and Protection of Children) Act, 2015, complements BNS by categorizing offences as petty, serious, and heinous, and mandates a child-friendly, rehabilitative approach for those in conflict with the law. Children aged 16–18 accused of heinous offences can be tried as adults but are assured safeguards aligned with the UN Convention on the Rights of the Child (UNCRC), which emphasizes non-discrimination, prohibition of torture (Article 37), fair trial (Article 40), and the best interests of the child (Article 3). Key judicial precedents reinforce rehabilitation over retribution, ensuring juvenile justice remains anchored in national and international child protection standards

Keywords: juvenile justice, Bhartiya Nyaya sanhita, criminal law, child rights

Introduction

^[1]India adopted the united nations minimum rules for administration of juvenile justice,1985.in 1986 by enacting legislation for the treatment and development of juveniles and naming it the juvenile justice act,1986.However,with the passage of time ,it was realised that new legislation must be enacted ,as a result of which the juvenile justice (care and protection of children )Act 2000,was enacted. Rehabilitation of juveniles was the main purpose of this act .After the horrific incident of the Nirbhaya case in 2012,the legislature felt the need to amend the act with respect to the age of juveniles,their trial ,and their treatment. Finally the juvenile justice (care and protection of children)Act ,2015 was enacted and enforced . The current legislation provides for a juvenile justice board to be constituted and established in every district. The board has the responsibility of disposing of the cases related to juveniles and passing the required order . It also provides for the adoption of children who have been surrendered or abandoned by their parents .The act also emphasises aftercare programs for juveniles and provides for various shelter homes  for their treatment care and development, like observation homes, special homes and, children’s homes etc.,

Juvenile Justice Under BNS 2023 signifies a groundbreaking shift in India’s criminal justice system. The Bharatiya Nyaya Sanhita (BNS) 2023 represents a significant overhaul of India’s criminal justice system, replacing the colonial-era Indian Penal Code (IPC) of 1860.

This reform seeks to modernize legal provisions, aligning them more closely with contemporary societal needs and challenges. A key focus of this transformation is the approach to juvenile justice, emphasizing rehabilitation and the protection of minors within the legal framework.

Meaning of Juvenile Justice

Juvenile justice is a specialised area of law designed to address the unique needs and circumstances of minors who come into conflict with the legal system. It operates on the principle that children are inherently different from adults in terms of their psychological development, level of maturity, and capacity for understanding the consequences of their actions.

Recognizing these differences, juvenile justice systems around the world aim to focus on rehabilitation, education, and reintegration rather than punishment. This approach aligns with global legal standards, particularly the (UNCRC),  India was ratified in 1992

The Juvenile Justice (Care and Protection of Children) Act, 2015 

^[2]This act effective on January 15, 2016, is India’s primary law for children under 18, covering those in conflict with the law and in need of care. For 16–18-year-olds accused of heinous crimes, the Juvenile Justice Board may try them as adults after assessment. The Act emphasizes rehabilitation, dignity, and child-friendly procedures, prohibits life without release or capital punishment for juveniles, streamlines adoption and foster care, and penalizes offences against children. Replacing the 2000 law, it was driven by cases like the 2012 Nirbhaya incident to balance justice with child rights

Main provisions

Children in Conflict with Law and in Need of Care and Protection: The Act categorizes children under two main groups: those alleged or found to be in conflict with the law, and those in need of care and protection. Specific procedures and safeguards are provided for both.

Trial of Children aged 16–18 for Heinous Offences: In cases involving heinous crimes (punishable with more than 7 years imprisonment), children aged 16–18 may be tried as adults, following a preliminary assessment by the Juvenile Justice Board to evaluate their mental and physical capacity, understanding of consequences, and circumstances.

Classification of Offences: Crimes are classified as petty (up to 3 years imprisonment), serious (3–7 years), and heinous (more than 7 years).

• Article 15(3),which allows for special provisions for women and children
• Article 24 , which prohibts child labour in hazardous occupations.
• Article 39(e) and (f) emphasize the protection of children from abuse and exploration
• Article 45directs the state to provide free and compulsory education for children up to 14 years

Juvenile justice act: (Heinous offence) 2015

^[3]A heinous offense is a crime considered extremely wicked, evil, or shockingly bad. It typically involves extreme cruelty, brutality, or violence, and is punishable by severe penalties like long prison sentences. In legal contexts, particularly within the Juvenile Justice Act, 2015, “heinous offenses” are defined as crimes where the minimum punishment is imprisonment for seven years or more.

Moral Depravity:

Heinous offenses are not just ordinary crimes; they are seen as morally reprehensible, indicating a deep level of wickedness.

Severity of Punishment:

In legal terms, particularly within the Juvenile Justice Act, the defining characteristic of a heinous offense is the severity of the potential punishment.

Examples:

Murder,rape, and aggravated assault are often cited as examples of heinous crimes.

Juvenile Justice Act:

• The Juvenile Justice Act, 2015 in India specifically defines “heinous offenses” as those carrying a minimum of seven years imprisonment or more.
• Serious Offenses vs. Heinous Offenses

SC rules of Heinous Offence

^[4]SC rules, ‘Heinous Offences’ as defined under JJ Act does not include Crimes Punishable beyond 7 yrs but have no minimum Sentence. [Read the Judgement]

The Supreme Court, in one of its recent judgments, has observed that in effect under Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015, an offence prescribing a max. A sentence of more than 07 years imprisonment but not providing any min sentence, or providing a min sentence of less than 07 years, cannot be considered to be a ‘heinous offence’.

The Court cited Article 142 of the Constitution of India and held that the category of offences viz., offence where the max sentence is more than 07 years imprisonment, but no min sentence or min sentence of less than 07 years is provided, shall be treated as ‘serious offences’ within the meaning of the act

UN convention on the Rights of the child (UNCRC)

^[5]The UN Convention on the Rights of the Child (UNCRC) has 54 articles. These articles outline the rights of children and how governments should work together to ensure these rights are upheld. Articles 1-41 define the rights, while articles 42-54 focus on implementation and monitoring.

Articles 1-41:

These articles define the rights of children, covering civil, political, economic, social, and cultural rights. They address issues like non-discrimination, the best interests of the child, the right to life, survival and development, and the right to express views.

Articles 42-54:

These articles focus on the implementation and monitoring of the Convention, including how governments report on their progress in upholding these rights.

Some articles include:

• Article 2: Non-discrimination, ensuring all children have equal rights regardless of background.
• Article 3: The best interests of the child must be a primary consideration in all actions concerning children.
• Article 6: The right to life, survival, and development.
• Article 12: The right of children to express their views and have those views taken seriously in matters affecting them.
• Article 19: Protecting children from all forms of violence, abuse, and neglect.
• Article 24: The right to the highest attainable standard of health.
• Article 28: The right to education.

The UNCRC is a comprehensive document aimed at ensuring children’s well-being and development worldwide.

The Rarest of Rare Case

Nirbhaya case (Delhi rape case)  2012^[6]

On December 16, 2012, Jyoti Singh, a 23‑year‑old physiotherapy intern, was brutally gang‑raped and assaulted by six men, including a juvenile, on a moving bus in Delhi. She suffered severe injuries and died on December 29 in Singapore, sparking nationwide protests demanding women’s safety. The bus driver, Ram Singh, died in jail in 2013. Four adult convicts—Mukesh Singh, Akshay Thakur, Pawan Gupta, and Vinay Sharma—were sentenced to death, with the Supreme Court upholding the verdict. They were executed in March 2020. The juvenile served three years in a reform home. The case led to major legal reforms on sexual violence in India.

Landmark juvenile cases in india

 1.Sheela Barse vs  Union of india  : (1986)^[7]

The Supreme Court in Sheela Barse vs Union of India (1986) held that the detention of children below 16 years in jails violated their fundamental rights under Article 21 of the Constitution, directing their immediate release and the establishment of appropriate juvenile homes and mechanisms. The Court emphasized humane treatment and safeguarding the dignity and rights of undertrial prisoners, particularly children

2. Pratap singh vs State of Jharkhand : (2005) ^[8]

The Supreme Court held that the age of a juvenile must be determined as on the date of the offense, not the date of production before the court, and that the Juvenile Justice Act, 2000 applies to pending cases initiated under the 1986 Act once the new Act came into effect

3. Jarnail singh vs State of Haryana : (2013)

The Supreme Court in Jarnail Singh vs State of Haryana (2013) upheld the conviction of Jarnail Singh for kidnapping and rape of a minor girl, ruling that consent is irrelevant in sexual offenses involving minors and emphasizing precise age determination under the Juvenile Justice Rules. The Court affirmed that the prosecutor was a minor at the time, warranting the accused’s conviction under relevant IPC sections. This judgment reinforced protections for minors in sexual offense cases

4. Salil Bali vs Union of India : (2013) ^[9]

The landmark 2013 Supreme Court judgment in Salil Bali vs Union of India upheld the constitutionality of the Juvenile Justice (Care and Protection of Children) Act, 2000, including its definition of a juvenile as a person under 18 years. The Court rejected petitions seeking to reduce the juvenile age to 16 years for serious crimes committed by persons aged 16-18, emphasizing the Act’s rehabilitative and restorative focus on juveniles rather than punitive measures. It clarified that juveniles attaining majority during their sentence must complete it and upheld scientific and psychological grounds for fixing 18 years as the age of juvenility, aligning with international standards

Conclusion 

Juvenile delinquency under the BNS, 2023, reflects India’s evolving approach to balancing justice, child rights, and societal safety. Building on the Juvenile Justice (Care and Protection of Children) Act, 2015, the framework emphasizes rehabilitation, reintegration, and child-friendly procedures, while allowing stricter measures for 16–18-year-olds involved in heinous crimes. Guided by constitutional provisions and the UNCRC, the law upholds non-discrimination, dignity, and the best interests of the child, even in serious cases. Landmark incidents like the Nirbhaya case have driven these reforms, ensuring a modern legal system that protects minors while addressing grave offences with proportional accountability.

References

^[1] Offences against child under Bharatiya Nyaya sanhita 2023 (Replacing the IPC,1860) https://www.drishtijudiciary.com/

^[2] Introduction and overview of the juvenile justice (Care and protection act)2015, 24/01/2022,https://blog.ipleaders.in/.

^[3] Treatment of children as adults under India’s juvenile justice ( care and protection of children) Act,2015,23/07/2021,https://blog.ipleaders.in/.

^[4] SC rules, ‘Heinous Offences’ as defined under JJ Act does not include Crimes Punishable beyond 7 yrs but have no minimum Sentence. [Read the Judgement] https://share.google/CtEZbYr0h1UTALrFY

^[5]Heinous offence definition,https://www.lawinsider.com/dictionary/heinous-offence

^[6] Mukesh & Anr. v. State (NCT of Delhi) & Ors., (2017) 6 SCC 1

^[7] Sheela Barse v Union of India (1986)  SCC (3) 596.https://indiankanoon.org/

^[8] pratap singh vs state of jharkhand, AIR 2005 SC 2731, 2 Feb,2005.https://indiankanoon.org

^[9] Salil Bali v. Union of India, (2013) 7 SCC 705.