Introduction
The greatest challenge that we face in dealing with the juvenile justice system is to strike a balance by being both fair and just to the child in conflict with the law and the victim.
The term ‘child’ is universally defined as any person under 18 years, as established by International law. As per UNICEF, the term ‘children in conflict with the law’ means any person under 18 years who has come in contact with the justice system for committing a crime or has been suspected of committing a crime. In India, children in conflict with the law are governed under the Juvenile Justice (Care and Protection of Children Act), 2015, which focuses on rehabilitating and reforming the children to reintegrate them into society. According to Section 2(13) of the Act, a ‘child in conflict with the law’ refers to a person who has been alleged or found to have committed an offence while being below the age of 18 at the time of its commission.
In Salil Bali v. Union of India and Another, the Hon’ble Supreme Court stated that “One of the other principles which was sought to be reiterated and adopted was that a juvenile should be dealt with for an offence in a manner, which is different from an adult.” Children are presumed to be innocent of any mala fide intent based on the principle of ‘doli incapax’ which means ‘incapable of wrong’. Thus, it is necessary to differentiate between minors and adults as the justice system for children should focus on reintegration while justice system for adults focuses upon punishment and retribution.
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a landmark legislation framed in the best interests of the children to protect them from sexual harassment and sexual offences. Section 34(1) of the POCSO Act states that if the offence is committed by a child, then it shall be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015. Under Section 34(2) of the POCSO Act, it states the procedure to be followed to determine the age of the child when the child’s age is not known or challenged.
The legal determination of age of a child is crucial as it provides for a fair trial for both the accused as well as the victim. However, challenges persist as the trial court must determine the age of the person accurately and it relies on a multi-faceted approach of documentary evidence, medical evidence, benefit of doubt and others.
Background
Offenses committed by individuals below 18 years of age are termed ‘juvenile delinquency,’ whereas similar acts committed by adults constitute ‘crime’. Before the 18th century, children above seven years of age were treated as adults under criminal law. In 1825, the House of Refuge opened its doors in New York city where children capable of reformation were sent to these houses which involved the process of guidance, discipline and education. The first juvenile court was established in 1899 in Cook County, Illinois, USA. With industrialization in the 19th century, there was a shift in societal perceptions of childhood, leading to increased focus on education and juvenile justice reforms.
The importance of age determination can be underpinned for several factors:
As earlier stated, the doctrine of doli incapax which means that children are incapable of committing crimes as they are not mature enough to understand the difference between right and wrong, good and bad.
Another principle is welfare approach to juveniles. There are several external factors that motivate children to commit crimes like poverty, family characteristics, environment, illiteracy, hunger and others and thus, there is a high chance of reformation in children.
Further, it is also important that children grow out of their crimes rather than facing stigmatisation for their entire lives.
As per NCRB data, crimes committed by children in India in 2022 were 30,555 crimes. The states that topped the list were Madhya Pradesh and Maharashtra.
In India, children in conflict with the law are governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, which replaced the earlier 2000 Act. This act emphasized a child-friendly approach, focusing on care, protection and correction. It also created a separate category of children between the age of 16-18 years who can be tried as adults who have committed heinous crimes.
On the other hand, The Protection of Children from Sexual Offences (POCSO) Act, enacted in 2012, as amended in 2019 protects children against crimes specifically sexual harassment, sexual abuse and pornography.
The process of age determination under Indian law is governed by both the POCSO Act and the Juvenile Justice Act. Section 34 of the POCSO Act aligns with Section 94 of the Juvenile Justice Act, ensuring that minors accused of or victimized in sexual offenses are identified correctly and treated accordingly under the appropriate legal framework.
