Reformation vs Retribution in Juvenile Justice : Striking Asocio-Legal Balance Under the JJ Act 2015

ABSTRACT

The Youth forms one of the most important backbone of Nation India’s legal system has long adopted this Reformative system, Juvenile Justice (Care and protection of children) Act, 2015, notable significant shift towards a Retributive.  The pivotal shift in how juvenile aged offenders are treated for heinous offences, their accountability more closely with adult criminal this paper address the rising trend of juvenile delinquency in India.  Utilizing data form the Prison Statistics India 2023 report this research identifies a critical high recidivism rate.  As per this report India needs to verify the rehabilitation system is that effectively change the juvenile into good citizen of the nation the proposed recommendation aims to scrike a delicate balance between accountability and rehabilitation.  This paper core matter at the reformation in Juvenile Justice system through human centric lens this research gives the overview of the conditions of remand homes and prisons, and analyse whether such institutions would actually “reform” the future of the country.  

Keywords: Juvenile, rehabilitation Reformation, JJ Act, 2015, Prision statistic.

 INTRODUCTION

“Every saint has a past and every sinner has a future”.  India has no single law before 1986 they use to follow two method Apprentices Act and Reformatory Schools Act.  The Apprentices Act, 1850 is a legal framework designed to regular the training of apprentices to ensure the they will receive practice on job training.  The Reformatory Schools Act, 1897, aiming to rehabilitate young offenders by sending reformatory school.  This both approaches mainly focus on Rehabilitation child conflict with law instead of sending them prison.  In 1986, the Juvenile Justice Act, 1986 was the first uniform law for juvenile in India before this each state use to follow different law.  The main focus of this to ensure the uniformity and it create two distinct groups “Deliquent Juveniles” (Who broke the law) “Neglect Juveniless” (Who were homeless) and the goal to ensure children processes by “Juvenile Court”.  The Juvenile Justice Act, 2000 this act was revolution.  This was rewritten because India wants to follow UN convention on child Right and JJ act 2000 Focus on absolute Reformation and Rehabilitation.  It increased the age of Juvenile to 18 for both male and female.  The main reason for Juvenile Justice (care and protection of child) Act, 2015 was Delhi Gang Rape Nirbhaya case.  After this case the questions arise that if child between age 16-18 commit Heinous crime are to treat as child.  The JJ Act 2015 introduce Retributive path it says “You are mature enough to Commit Heinous Crime, you are mature enough to face consequence.  The preliminary assembly Juvenile Justice, under the JJ act 2015, is the process by the Juvenile Justice Board (JJB) that examine the juvenile aged between 16 to 18 how commit Heinous crime like murder, rape, terrorist etc. to decide as adult or child after the mental/ physical capacity. 

 RESEARCH QUESTION                                                                                                                              

This paper main aims to investigate three specific issues.  First does poverty and living in urban (city) makes children commit crime.  And next what do the new 2023 rankings tell us between high crime area to low crime area.  Why reform system work better in some place that other.  And looking at 2023 recidivism data, can we say that our remand homes are failing to provide real education and jobs to juvenile.

SCOPE AND METHODOLOGY 

The scope of this research focuses on the Reformation that is rehabilitation framework of the India Juvenile Justice system.  The JJ act 2015, mentioned the care and protection of child that the real care and protection is provide for the Child Conflict with law.  This paper analysis the real gap between the Law and the reality of the reformation system in India.  This focus on the lack of guidance, education, training for the juveniles.  And the Focus on the child aged between 16 to 18 that the recidivism increase based on the case study of the NCRB Crime in India Report 2023.

The methodology used is socio legal.  This critical review on the JJ Act, 2015 after the Nirbhaya case Landmark supreme court judgement which major reason for shift of JJ act to understand the legal mandate.  The Quantitative Analysis of National Crime Record Bureau (NCRB) report 2023 to analysis the crime trends.  The India Justice Report (IJR) 2025 for rank the state in delivering juvenile justice.

LITERATURE REVIEW

Constitutional Provision

The Indian Constitution does not view the juvenile offender as a criminal but subject to need of protection.  Under Article 15(3) Constitution of India allow the state to make Special Provision on the welfare of the children.

And Article 39(f) of Indian constitution create the positive obligation on the government to ensure the “innocence of Childhood” is not exploited.  It tells that facilities to develop in a healthy way.  Child must be protected because vulnerable group.

Statutory Law

The Juvenile Justice Act, 2015 that is the fresh start of India with the new concept.  The JJ Act outline with the Section 3 that highlight the child centric approach like the best interest of the child, presumption of innocence, the dignity, restoration. 

Section 15 of JJ Act, 2015 mandates the preliminary assessment by the Juvenile Justice Board (JJB) for children aged 16 to 18 accused Heinous Crime to examine the mental capacity of the juvenile.

Sec 39 of Juvenile Justice Act, 2015 that lay down the Rehabilitation and Social Reintegration of child, that stressing the family based care like restoration, foster care for both child conflict with law and child need of care & protection.

Section 47 of JJ Act 2015 mandate state government to establish the observation home in each district for the wellbeing of the juvenile in conflict with law and child how need of care for temporary care, reception and rehabilitation of child conflict with law, for ensure keep juvenile away from the jail for providing support during inquiries because if child keep in the jail with adult criminal which affect the mental capacity of the child.

Section 53 of JJ Act, 2015 that mandate the registration institution provide rehabilitation and reintegration service, include food, shelter, medical and include special education with skill development, mental health support all mange by the institution committee for child welfare.

Case Law

• Barun Chandra Thakur v. Master Bholu (2022) A class XI student aged 16 accused for the murder a young student to postpone the exam and parent teacher meeting.  According to sec 15 of JJ Act, 2015 the 16 old boy need to take psychological test to determine the Child or adult.  But the Juvenile Justice Board (JJB) try him as adult without psychological report.  The Supreme Court held interpreted the word may in Section 15 of JJ Act to “Mandate” and mental capacity is not for right or wrong but for the longterm consequence.

• Sampurna Behura v. Union of India (2018) This was aa public Interest Litigation (PIL) was filed to highlight failure of states to implement the Juvenile Justice (care and protection of children) Act, 2015.  This address the poor infrastructure in Child Care institution (CCIs), non-function of Justice Board (JJB), Child welfare Committee (CWCs), lack of trained staff.  The court issue the mandamus to all state Government to fill vacancies in JJBs and improve the living condition of special home.

• Om Prakash v. State of Uttarakhand (2025) The appellant was convicted of serious offense committed when he was juvenile decades ago.  This case reached to Supreme Court in 2025 the court release him after 25 years in jail.  The Supreme Court set aside the sentence of imprisonment.  The court held the Rehabilitative is essential for the Juvenile Justice Act.  The court noted that the Best Interest of the Child even in delayed trial.

ANALYSIS AND DISCUSSION  

URBAN FAILURE VS RULAL RESILIENCE 

The outcome Juvenile Justice (care and protection of Children) Act, is not uniform across the India because the critical analysis of National Crime Record Bureau (NCRB) 2023 report Table 5.5 reveal in that the urban crisis Delhi has highest juvenile crime rate in India with 41.1 out of child population of 55.4 lakhs, totally in 2023 2278 cases registered.  The rural resilience (Bihar) despite having a massive population compare to state that they have 475 lakhs (nearly 9 times higher that Delhi) which have low Juvenile crime rate. Reported a crime rate of 3.8 with 1818 cases.  This data proves that the urban environment like Delhi is a high-pressure zone in juvenile crime. And low in rural like Bihar is this show that the law is prefect in rural that urban.  Urban cities have more technology that the Delhi is capital of India that has more preference.  In Bihar, community monitoring and family structure help them to fulfill the “Principal of Family Responsibility” mentioned under Section 3(xiii) more effective than fast paced urban slums of Delhi.

Empirical Analysis of Recidivism 

Recidivism meaning a person relapse into criminal behavior, often after the person receives sanctions or undergoes for a previous crime.  Recidivism is one of the most important in Juvenile Justice Act in India that is India rehabilitation is most prior as mentioned in the Om Prakash v. State of Uttarakhand (2025) the case held that rehabilitation is essential part of Juvenile Justice Act.  If rehabilitation is proper and effective there is no recidivism.  As per the Prison Statistics India 2023 Report that shows 1.4% which is less compare to 2022 and 2021.  In the current India Judicial landscape, characterized by significant backlogs a decrease in “convicted” habitual offenders often point the slow trial process in India.  Since the major repeat offenders remain in undertrial that they exclude from this matric.  

And the Urban cities like Delhi, Chandigarh, west Bengal which has high recidivism rate compare to the other.  Did this show that there is no proper Rehabilitation system but this is low compare to the 2021 but this state has high recidivism.  Delhi with 11.1% (peak), Chandigarh 5.7%, West Bengal with 1.5 with high total volume of convicts.  

IJR (India Justice Report) Institutional bankruptcy 

IJR (India Justice Report) is comprehensive study that ranks the states based on their justice delivery.  The evaluating four pillar of the justice system police, prisons, judiciary, legal aid.  This report ranks the state like Karnataka (Rank 1), Uttar Pradesh (rank 17), and West Bengal (Rank 18) are at the bottom based on their capacity to deliver justice.  This state bankrupted based on their institutional that they don’t have enough staff or money to help children. 

The supreme court, in the case of Om prakash (2025) and Barun Chandra Thakur (2022) the court emphasize the guides that Rehabilitation is the essential for the JJ Act and child are must be guided by the expert psychologist but this bottom two states has law staff so the recidivism is increasing. Because of there are no psychologist to help them the Juvenile Justice (Care and Protection of Children) Act, 2015 under Section 53 the Individual Care Plan health care for the juvenile are just paper not in reality.  If the children kept in the room and release then they will do the same thing again this will increase the recidivism habitual offence this shows the lack of staff.

IRAC ANALYSIS

The IRAC method (Issue, Rule, Analysis, Conclusion) is show that how the law is applies in real life.

Issue: The legal question

The core thing is that Recidivism rate is urban centers like Delhi (11.1%) this is the failure of state to provide the rehabilitation which is essential for JJ Act, we must ask why does the law work in rural Bihar (0.5%) which has more juveniles than Delhi. But fail in the capital city? The child’s change to change depend on the place where they live, not by the law.

Rule: the law on paper 

Section 3 of Juvenile Justice Act, 2015 says that the “Fresh Start” this says that the system must help a child to forgotten the past and start the future with new life.

Section 53 of JJ Act, 2015 says the “Golden Rule” that mandates every child must get a mental healthy support, education, and individual care.  The law protecting the juvenile that they are vulnerable group.  In om Prakash (2025) case Supreme court held that the Rehabilitation is important than the retribution.

Analysis: Applying the data to the rules. 

This is where we can able to prove the system is failing by using NCRB National Crime Record Bureau 2021 to 2023.  The report that was made by the NCRB the Juvenile convicts in 2021 is 104,735 but in 2023 that jumped into 143,558 37% increase.  In Delhi crime rate is 41.1% which is almost to the half population.  This shows that fail in section 53 that one teacher or psychologist cannot help 1.4 lakh children. 

The Indian Justice Report (IJR) in this 2025 report. Rank the state West Bengal and Uttar Pradesh are the bottom in rank.  Since these states have no staff, they cannot fulfil the sec 53 of JJ Act to provide Health support and psychological support for the juvenile how need of care and protection. And in IJR 2025 report Tamil Nadu, Gujarat, Jharkhand, Uttarakhand, West Bengal are fall down word compare to 2024 report.

Conclusion.

India has one of the most powerful laws as like Juvenile Justice Act, 2015 which has both balance of Rehabilitation and Retribution.  The Retribution is important in such matter in the case of Heinous Crime by psychological mandate test to know the juvenile mental capacity to treat as adult or child.  While the nation recidivism rate of 1.4% which is less compare to 2022 but 8.7% failure in Union Territories.  To fit the Government must move to Institutional Bankruptcy” to “Institutional Investment” by filling the vacancies found in the IJR 2025 Report.

 COMPARATIVE TABLE

CONCLUSION AND RECOMMENDATION

The main theory of this research is to examine the “Legal Balance” between the Reformation of the Juvenile Justice (Care and Protection of children) Act, 2015 and thr Retributive pressure of increasing Crime rates.  Our analysis of the National Crime Record Bureau (NCRB) 2023 and 2021 that shows the increase of crime rate.  The national recidivism rate of% suggests a successful reformative and 8.7% in Union Territories prove the Urbanization acts of repeat offending.

The 2021 workload 104,735 convicts to the 2023 workload 143,588 convicts indicate the system towards the retributive module. When institution overcrowded with 37% the “Individual Care Plan” mandate by Section 53 of JJ Act fails. 

The Indian Justice Report (IJR) 2025 confirm that the states like West Bengal and Uttar Pradesh in a bottom rank That shows the lack of staff and justice delivery system, the supreme court mandate in Barun Chandra Case remain unfulfilled due to lack of psychologist and officers.  Without the experts Juvenile can’t able to rehabilitate they need a care and support to turn a good citizen.

 RECOMMENDATIONS 

To restore the Socio Legal Balance Government needs to take important steps to fulfill the Sec 3 principle of the act.  As per the India Justice Report (IJR) must mandate to allocate the funds for “Expert Guidance” to prevent recidivism trap seen in NCRB report.  Given 11.1% of failure in Urban Delhi Government must move to rural centric approach.  IJR highlighted we move from a system of warehouse retribution to on of essential for JJ act restorative justice. 

REFERENCES AND BIBLIOGRAPHY

STATUTES (The Laws)

1. The Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No. 2 of 2016).
2. The Juvenile Justice (Care and Protection of Children) Model Rules, 2016.
3. The Constitution of India, 1950 (specifically Articles 15(3), 39(e), and 39(f)).

PRIMARY REPORTS (The Data)

1. National Crime Records Bureau (NCRB), Crime in India 2023, Vol. 1, Ministry of Home Affairs, Government of India (2024).
2. National Crime Records Bureau (NCRB), Crime in India 2021, Ministry of Home Affairs, Government of India (2022).
3. Tata Trusts, India Justice Report (IJR) 2025: Ranking States on their Capacity to Deliver Justice (2025).

BOOKS (The Scholarship)

1. Ved Kumari, The Juvenile Justice (Care and Protection of Children) Act 2015: A Critical Analysis, Universal Law Publishing/LexisNexis (2022).
2. M.L. Singhal, Commentary on Juvenile Justice (Care and Protection of Children) Act 2015, Law Publishers India (2024).

IMPORTANT WEBSITES (Digital Research)

1. India Code (www.indiacode.nic.in): For official versions of the JJ Act.
2. NCRB (www.ncrb.gov.in): For all historical and current crime data tables.
3. E-Courts India Services: For tracking juvenile case pendency across districts.
4. National Commission for Protection of Child Rights (NCPCR) (www.ncpcr.gov.in): For child rights guidelines and institutional monitoring reports.