When Children Commit Crime: Who Should Be Held Accountable?

Introduction 

Children are the responsibility of their parents. But, Parents aren’t the only one who plays vital role in their upbringing. The Care & Developing responsibility is usually associated with the parents, educational institutions, as well as society, media and culture. James Baldwin has said, “Children have been never very good at listening to their elders, but they have never failed to imitate them.”

In our society, when a child accomplish an achievement people make relations with the kid, saying such kind of words – smart kid, I taught him/her blah! blah! blah! And, when that smart kid do something outrageous, his so-called teacher wouldn’t even recognise him. Additionally, they will talk I’ll about the child.

The Society i.e. made up of people, effects us. In juvenile offences, when somewhere society held responsible, it acts as ad-hominem attack. It is a matter of debate that, “Should the environment be ultimately accountable for  the juvenile crimes?”

Here, in this article, we are gonna discuss about the ground level scenario. Putting efforts to – what matters to society! And what legislative statutes content is, along with judicial remarks.

Influence matters 

Metaphorically, I’m taking it on me to interpret it in better manner. As I have said before, environment plays a significant role in children’s upbringing. My actions show my background, my family traditions, and what I am habitual of. My way of greeting and addressing others, my manners, show what values my parents have given me. Out of the shadows of my family members, my friends affect me. They influence me, and sometimes I do wrong things to look cool in their eyes. My society, its people, and their nature to watch me, my family, and others affect me. Social media, where 80 percent content is fabricated, but I am not aware of its fabrication, and gonna take it as authentic information. Whether it is about health, wealth, games, education, religion, or others, everyone likes to have special treatment, no matter if it comes at showing off the superiority of my clan. It will treat myself as someone from a higher class of society and others from lower, because it gives me some sense of power. Through this mind-set, I start looking down on people, and this is how society affects me. Comparison demoralizes the attitude or confidence where children end up doubting themselves. In school, among teenagers, having a BF or GF is like a trend nowadays, and if anyone is single, others gonna tease him, saying, “Where are you missing or lacking?” And when one gets dumb, others make fun of it, “Weren’t you good at performing?” Even though it was a joke for those who made it, it lowered his confidence and pushed him towards the negative side. Teachers in 8^th standard do not teach properly. They say, “I can only tell you the gist from the outer layer; if you want to know more, go search on Google.” And when that 13- or 14-year-old student searches everything, it shows much more than educational content, including some ads that lead to pornography, and his life changes. They start doing what they see on the screen, and their curiosity for practical exposure leads them towards crime.

I didn’t want to be like this. But my environment led me towards this way. I’m a product of society – Society that is made up of people.

Legislation for Juvenile Offenders

Juvenile means a child who is in conflict with the law, who is need to be counselled. There is a legislation that deals with Juvenile Offenders i.e. Juvenile Justice (care and protection of children) Act, 2015.

Some interpreting sections of the said act –

• Sec. 2(12) – “Child” means a person who has not completed 18 years of age.
• Sec. 2(13) – “Child in conflict with law” means a child alleged or found to have committed an offence who is below 18 years on the date of date.
• Sec. 2(35) – “Juvenile” means a child below the age of 18 years.

Child-related laws focus on protection, development, and welfare. Juvenile justice systems emphasize rehabilitation while also holding young offenders accountable in age-appropriate ways. This dual approach ensures that the legal system addresses both protection needs of children and the reformative needs of juveniles who come into conflict with the law. Understanding these distinctions is crucial for ensuring appropriate legal responses and promoting the best interests of young individuals in all circumstances.

Fundamental Principles under the Act. The principles that form the basis of the entire juvenile justice system are in section 3:

1. Principle of presumption of innocence – A child is considered innocent unless proven guilty by law.
2. Principle of dignity and worth – Every child must be treated with respect, fairness, and without humiliation.
3. Principle of participation – A child has the right to express views in matters affecting them, considered according to their age and maturity.
4. Principle of best interest – All decisions should prioritize the child’s safety, well-being, and development.
5. Principle of family responsibility – The family has primary responsibility for care, protection, and proper development.
6. Principle of safety – Children should be protected from harm, abuse, neglect, and exploitation.
7. Positive measures – Focus on support and reform rather than punishment.
8. Principle of non-stigmatizing semantics – Use respectful language that doesn’t label or shame the child.
9. Principle of non-waiver of rights – A child’s fundamental rights cannot be waived by others on their behalf.
10. Principle of equality and non-discrimination – Every child must be treated equally without discrimination.
11. Principle of right to privacy and confidentiality – A child’s personal information and identity should be protected
12. Principle of institutionalization as a measure of last resort – Institutional care should only be used when absolutely necessary.
13. Principle of repatriation and restoration – Efforts should be made to restore the child to their family or appropriate care environment.
14. Principle of fresh start – A child should be given the chance to move on without permanent stigma.
15. Principle of diversion – Redirect the child away from formal judicial proceedings when appropriate.
16. Principle of natural justice – Ensure fairness in all decisions, with a proper hearing and unbiased procedures.

Criminal Cases against Juveniles 

In the Indian Judicial history Nirbhaya Case was the leading judgement that led to JJ Act, 2015.  A case of 5 major accused with 1 minor (17years old) accused. Minor one who was also the brutal one. Just because he was minor 17 years old court set him free, ignoring his input in the crime and his Mens Rhea. That minor was sentenced for 3 years of rehabilitation. During court observations, Court considered a few precedents for the same concern saying, “Even the young age of the accused is not mitigating circumstances for commutation to life”, as has been held in the case of Bhagwati Swarup vs State of Uttar Pradesh, 1971 (para 5), Deepak Rai vs State of Bihar, 2013 (para 91-100), and Shabhnam vs State of Uttar Pradesh, 2015 (para 36).

Later on, with public outrage against this, it resulted in the JJ Act, 2015 amendment act, that treats a juvenile as an adult while considering the gravity of heinous offences committed by the Juvenile.

Purushottam Dashrath Borate and Anr. v/s State of Maharashtra, 2015

 The Court held that the age of the accused or family background of the accused or lack of criminal antecedents cannot be said to be the mitigating circumstances. It cannot also be considered as mitigating circumstances, particularly taking into consideration, the nature of heinous offence and cold and calculated manner in which it was committed by the accused persons.

Mohfil Khan and Anr. v/s State of Jharkhand, 2015

The Court observed that it would be paramount duty of court to provide justice to the incidental victims of the crime – the family members of the deceased persons

Machhi Singh

The Courts while considering the issue of sentencing are bound acknowledge the rights of the victims and their family, apart from the rights of the society and the accused. The Agony suffered by the family of the victims cannot be ignored in any case.

Barun Chandra Thakur v/s Central Bureau of Investigation, 2017

A Case of Ryan International School, where a 16 years old student killed a 7 years old student in a bid of postpone exams and a parent – teachers meetings and he carried a knife to the school on September 08, the fateful day. In the school toilet, he slit other kid’s throat with the knife, kid died in the hospital.

Charges were made u/s 302 r/w 34 of IPC, sec. 25 of the Arms Act, sec. 75 of JJ Act and sec. 12 of the Pocso Act, 2012.

School management authorities held liable during the trial for not taking the actions against, what was happening under their promises. Later on, got bail due to lack of evidence. The Court tried to analyse the depth of the psyche of that 16 years old Child who slit a kid’s throat by knife. The Court sent him to detention for rehab for 5 years.

Conclusion

This Complicated issue cannot be blamed solely upon the parental neglect or the substance abuse, the inquiry should go deeper and seek further in order to understand the true motivators of atrocious and crimes committed by the youth.

Youth is the period in life when the Individuals learn the basic social skills and norms, which is why the ones committing crimes in the youth should be provided with the help and support in order to overcome their misconception about the society and unacceptable behaviour.

In fact, the Juvenile Offenders are the future adult citizens who should be prepared for their entry in the grown – up life as law – abiding citizens for the benefit of the citizens overall.