In India, the Juvenile Justice (Care and Protection of Children) Act, 2015 categorizes offenses into petty, serious, and heinous and focuses on reformation rather than punishment. Children (under 18) are protected from death penalty and life imprisonment with no parole and are dealt with by Juvenile Justice Boards which can order custody in an observation home, probation, counselling, or, for certain serious crimes by older children, transfer to a Children's Court for adult-like trial.
Offense Categories
- Petty offenses: These have a maximum punishment of three years imprisonment.
- Serious offenses: These have a punishment of imprisonment between three and seven years.
- Heinous offenses: These include offenses that, under the law, carry a maximum punishment of more than seven years imprisonment.
Key Principles and Punishments
- Focus on Care and Reformation: The Act's core aim is to ensure the care and protection of children, with a strong emphasis on rehabilitation over punitive measures.
- Prohibition of Death Penalty and Life Imprisonment: Children are protected from being sentenced to the death penalty or life imprisonment without the possibility of release.
- Juvenile Justice Boards: These specialized boards handle cases involving children in conflict with the law.
- Custodial Orders: For any offense, the board can order the child to be sent to an observation home for a maximum of three years.
- Probation and Restorative Justice: Juveniles can be released under probation, with a mandate to participate in counselling and other restorative practices.
- Family Responsibility: The board may order the juvenile's guardian to pay a fine, depending on the case.
Special Provision for Older Juveniles
- Preliminary Assessment (Ages 16-18): For heinous crimes committed by a person aged 16 to 18, the Juvenile Justice Board conducts a preliminary assessment to determine if the offense was committed as a "child" or an "adult".
- Trial as an Adult: If the Board deems it appropriate, it can order the child to be transferred to a Children's Court for trial as an adult.
The Process for a Child in Conflict with the Law
- A child apprehended by the police is placed under the care of a Special Juvenile Police Unit and cannot be held in police lockup or jail.
- Children are entitled to bail unless it is deemed unsafe or detrimental to justice, otherwise, they are sent to an observation home.
- A social investigation is conducted by a probation officer or social worker to inform the JJB about the child's background, and the inquiry must be completed within four months.