International Journal of Humanities and Social Science Research

International Journal of Humanities and Social Science Research

ISSN: 2455-2070; Impact Factor: RJIF 5.22
www.socialsciencejournal.in
Volume 3; Issue 5; May 2017; Page No. 52-59

Juvenile delinquency: Elementary concepts, causes and prevention

Dr. Saroj Choudhary
Assistant Professor, ALS, Amity University, Madhya Pradesh, India

Abstract
Children and their problems have been receiving attention of both government and the society. But it has been seen that the
problems are enormous and never ending, thus resulting in lack of everything that has been done till today. If these problems are
not curbed soon then the growth of the children will be hampered giving a dark future to our country. Children are greatest
national asset and resource. In India, under section 82 of the Indian Penal Code, nothing is an offence which is done by a child
under seven years of age and under section 83 nothing is an offence which is done by a child above seven years of age and under
twelve, who has not attained sufficient maturity of understanding to judge the nature and consequence of his conduct on that
occasion. There is no single cause of Juvenile delinquency but there are many and varied causes. Basically, causes of Juvenile
delinquency are of three types: 1) Biological 2) Socio-Environmental and 3) Psychological, Physiological and personal. The aim
of juvenile justice should be that any reaction to juvenile offenders should always be in proportion to the conditions of both the
offender and offence. Juvenile delinquency is an ongoing problem in today’s society, there needs to be more programs created in
order to correct this issue.

Keywords: juvenile, delinquency, behavior, justice

Introduction profitably be made to some other source. The concept of the

Children are greatest national asset and resource. Children juvenile varies from State of State for convenience.
should be allowed and provided opportunity to grow up to In the United States age of juvenile ranges from 16 to 21 but
become robust citizens, physically fit, mentally alert and 18 is the most common. In England, a child below 10 cannot
morally healthy, endowed with skills and activations needed be committed of any criminal offence because of an
by the society. Equal opportunities for development to all irrefutable presumption of innocence and absence of men’s
children during the period of growth should be provided for rea. Between the age of 10 and 14 they are in a "twilight zone
reducing inequality and ensuring social justice, which in turn in which they are morally responsible not as a class but as
would serve as an effective tool to curb delinquency in individuals, when they know their act to be wrong. In France
juveniles. Children are expected to be obedient, respectful and and Poland, the age limit is 13. In Australia, Germany,
imbibe virtues and good quality in them. Due to various Norway and Czechoslovakia it is 14 and in Denmark and
reasons children do not follow settled social and legal dictum. Sweden it is 15.
Juvenile delinquency, also known as "juvenile offending", is In India, under section 82 of the Indian Penal Code, nothing is
participation in illegal behavior by minors (juveniles, i.e. an offence which is done by a child under seven years of age
individual’s young era than the statutory age of and under section 83 nothing is an offence which is done by a
majority). Most legal systems prescribe specific procedures child above seven years of age and under twelve, who has not
for dealing with juveniles, such as juvenile, and courts. attained sufficient maturity of understanding to judge the
A juvenile delinquent in the United States is a person who is nature and consequence of his conduct on that occasion.
typically below 18 years of age and commits an act that Maturity of understanding is to be presumed between the ages
otherwise would have been charged as a crime if they were an of seven and twelve unless the contrary be proved. Section 27
adult. Depending on the type and severity of the offense of the Criminal Procedure Code, 1973, provides that any
committed, it is possible for people under 18 to be charged offence, other than one punishable with death or
and treated as adults. imprisonment for life, committed by any person who at the
date when he appears or is brought before the court is under
Meaning and definition of Juvenile Delinquency the age of sixteen years may be tried by the court of Chief
Juvenile can be defined as a child who has not attained a Judicial Magistrate or any Court specially empowered under
certain age at which he, like an adult person under the law of the Children Act, 1960 or any other law for the time being in
the land, can be held liable for his criminal acts. The juvenile force providing for the treatment, training and rehabilitation
is a child who is alleged to have committed /violated some of youthful offenders, The Reformatory Schools Act defined
law which declares the act or omission on the part of the child a youthful offender as any male child who is below 15 years.
as an offence. Juvenile and minor in legal terms are used in The eschatological meaning of the word ‘Delinquency’ is
different context. Juvenile is used when reference is made to a wrong doing’ Juvenile Delinquency is a Legal term that was
young criminal offenders and minor relates to legal capacity first defined in 1889 when Illinois passed the first law on
or majority.1To make the meaning more clear resort can Juvenile Delinquency: Since then each state has passed

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International Journal of Humanities and Social Science Research

delinquency laws. In U.S. the laws were passed for the business, or one who is quietly of indecent or lascivious
purpose of changing the concepts of Delinquency, which have conduct15. The Definition is vague as to the words
led to changes in some of states. The Definition of incorrigible indecent or lascivious conduct.
delinquency includes conduct, which violates the law only India is one of the youngest nations of the world with nearly
when committed by children e.g. truancy, ungovernable 42 per cent of its population being children. Although the
behavior and running away14. children all over the world have similar mindsets and similar
Delinquency is an act or conduct of a juvenile which is deviants there is a basic difference between how the Western
socially undesirable. Juvenile delinquency generally means world treats its children and the Indian philosophy. The
the failure of children to meet certain obligations expected of Juvenile Justice System (JJ System) in India can be traced
them by the society. Juvenile delinquency is expression of an back to a differential legal process which goes back to the
unsatisfied urge in the juvenile delinquent. Whether a Reformatory School Act 1876, which in effect means that the
particular act or conduct of the child would be deviant or not focus is on reforming the deviant youth or child.
will depend on various factors and vary in different States, In recent years a higher proportion of youth have experienced
Cities and also time to time. The juvenile delinquent has even arrests by their early 20s than in the past, although some
been defined as "a child trying to act like a grown up". A scholars have concluded this may reflect more aggressive
particular act of the child may be viewed as ordinary childish criminal justice and zero-tolerance policies rather than
prank but in another particular context it may cause concern changes in youth behavior. Juvenile crimes can range
and anxiety. The distinction between a delinquent and normal from status offenses (such as underage smoking), to property
child, at times is very blurred and deciding point between a crimes and violent crimes. Youth violence rates in the United
playful act and the juvenile delinquency is his relation to States have dropped to approximately 12% of peak rates in
concerned person. In fact there is a haze of vagueness and 1993 according to official US government statistics,
confusion surrounding the definition of juvenile delinquency suggesting that most juvenile offending is non-
and there is no single definition that may be acceptable to all. violent. However, juvenile offending can be considered
The first legislation on juvenile delinquency, passed by the normative adolescent behavior. This is because most teens
State of Illinois in l899 specifies many exact kinds of tend to offend by committing non-violent crimes, only once
delinquency in addition to the offences covered by the or a few times, and only during adolescence. Repeated and/or
criminal laws. violent offending is likely to lead to later and more violent
A delinquent child is any male who while under the age of 17 offenses. When this happens, the offender often
years, or any female who while under the age of 18 years displayed antisocial behavior even before reaching
violates any law or is incorrigible, or knowingly associates adolescence.
with thieves, vicious or immoral persons; or without just In India, until passing of Children Act, 1960 there was no
cause and without the consent of its parents, guardian or uniformity regarding age limitation of juvenile delinquent.
custodian absents itself from its home or place of abode, or is Bombay Children Act 1948 defined “Child” to mean a boy
growing up in idleness or crime, or knowingly frequents a who has not attained the age of sixteen years or girl who has
house of ill repute; or knowingly frequents any policy shop or not attained the age of eighteen years. The U.P. Children Act
place where gambling device is operated; or frequents any defined “Child” as a person under the age of sixteen years.
saloon or dram-shop where intoxicating liquors are sold; or The East Punjab Act, Andhra Pradesh (Telangara Area)
patronizes or visits any public pool room or bucket shop, or Children Act also prescribed the sixteen years age limit but
wanders about the streets in the night time without being on included the children who are in certified schools, though
any lawful business or lawful occupation; or habitually they have attained the age of 16 years.
wanders about any railroad yards or tracks or jumps or
attempts to jump on to any moving train, or enters any car or Causes of Juvenile Delinquency
engine without lawful authority, or uses vile, obscene, vulgar, The causes of juvenile delinquency are varied. The concept of
or indecent language in any public place or about any school delinquency also varies with the point of view of the people
house, or is guilty of indecent or lascivious conduct. who feel challenged by it. According to a social worker,
The juvenile delinquency is expression of unsatisfied desires "delinquency consisted of socially unaccepted acts". A
and urges. For a delinquent, his deviant act is a normal psychiatrist suggests that delinquent behaviour is activity
response to his inner desire. Like a non-delinquent a which deviates from the normal. And a lawyer would say
delinquent is also conditioned by various attending and juvenile delinquency is what the law says it is. In the words of
prevailing circumstances around him. A juvenile delinquent is W.H. Sheldon, it is "behavior disappointing beyond
a person who has been so adjudicated by a judicial court reasonable expectation". Cyril Burt says, delinquency occurs
though he may be no different from other children who are in a child ‘when his anti-social tendencies appear so grave
not delinquent. Delinquency is an act, conduct or interaction that he becomes or ought to become the subject of official
which is socially undesirable. action. According to Robison Holt, "we use the term
The legal definition of Juvenile Delinquency is obvious. Any delinquent as we sometimes use the term ‘love’ as though it
act prohibited by law for children up to prescribed age limit is were a simple concept whereas it actually embraces complex
Juvenile Delinquency and it follows, therefore that a child patterns of behaviour.” Delinquency, it is clear, is many
found to have committed an act of Juvenile Delinquency by a things to many people. The man in the street is concerned
court is Juvenile Delinquent. chiefly with behaviour that interferes with his property, his
The Illinois law defines a child/delinquent as a person who is person and his rights. He believes that the official label of
incorrigible or who is growing up in idleness, one wonders delinquency is attached only when the behaviour is really
about the streets in night time without being on any lawful harmful and has occurred repeatedly. To assume that the label
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‘delinquent’ is defined or applied uniformly is as naive as it it be pointed out this is this color". No wonder therefore some
would be to assume that divorce statistics accurately and people say ‘delinquency has come to mean all things to all
uniformly reflect the incidence of marital discord. Frederick people’. Moreover, it would be unfair to label a child as an
B. Sussmann presents a summary list of acts or conditions offender even though he has not violated any provisions of
included in delinquency definition or description, viz, the law, an adult can be arrested and tried only when he acts
violation of any law or ordinance, habitual truancy, against a law, why, then, should children be treated in a
association with thieves, vicious or immoral persons, and severer way?
incorrigible beyond control of parent or guardian and so on. There is no single cause of Juvenile delinquency but there are
Edwin Powers and Helen Witmer found in their study that in many and varied causes. Basically, causes of Juvenile
order to define the real delinquents it was necessary to take delinquency are of three types:
into consideration three concepts or criteria namely, the  Biological
seriousness of the behaviour, its frequency and the attitude of  Socio-Environmental
the offender toward a lawfully constituted society.  Psychological, Physiological and personal
Accordingly, they classified the delinquents into five groups
most, ordinary, occasional, seldom and least delinquent. Thus 1. Biological Causes
the term delinquency does not have a fixed meaning. i) Ocular Ailments
However, there are two generally accepted approaches to the It leads to irritability. It is a discontent factor causing
interpretation of the term, viz the sociological and the legal. emotional disturbance and discomfort. Moreover, this may
Prof. Walter C. Recklessof the Ohio state University has prevent the acquisition of sufficient knowledge so useful for
brought out the triangular locational problem of defining making one able to make a living.
delinquency. He said, “Criminal and delinquent behaviour has
been located in the society as a social problem. It has also ii) Nose and throat problem
been located in the behaviour prospective in answer to This may cause weakness and discomfort and may result in
question as to what types of behaviour becomes delinquency school truancy or dislike for work. Breathing may be
crime. There remains one other basic location, namely the obstructed, and may result in mouth breathing and may, thus,
location of crime delinquency as a system of law and the give an appearance of inefficiency in work.
location of law in system of social values and norms, to be
more accurate, these 31three location problems are:- iii) Hearing Problem
a) Delinquency as a social problem Such as deafness or difficulty in hearing makes the person
b) Delinquency as a behavioural problem. concerned inefficient Efficiency is generally weak and
c) Delinquency as a legal problem. adversely affects his ability to work and he depends on others
Professor Reckless has analysed these locational problem in which may lead to antisocial behavior.
three distinct stages, viz, legal definition of crime and
delinquency delinquent behaviour as a social problem ad iv) Speech Problem
causative behaviour vis-à-vis normative behaviour. In the It is also found to lead to delinquency acts especially in
chain of relevance “Legal Definition” is not to have the final children. A person with speech problem is pitted or laughed at
say. He has very rightly observed “behaviour as an observable in the society. Due to this, feeling of inferiority may be
phenomenon is central. It is the focus of concern and it is the developed which may lead to a desire to make up in criminal
target for outlawing, i.e. for legal definition or for coverage acts.
by criminal law and sanctions.”
This concept of delinquency is best represented by the United v) Enuresis
States. In the absence of a fixed meaning the nature and type It involves a disorder of functions of the bladder. Sometimes
of acts which may constitute delinquency differ in the it discomfort and even some time may lead to delinquency.
different parts of the country. It may be said against this
approach that "if we decide to broaden the definition to vi) Irritation
include not only adjudged delinquents but arraigned cases Irritation caused by ailments such, as ringworm eczema,
disposed otherwise than by a finding of delinquency; cases irritation of sexual organs is also a significant factor resulting
referred to the police but dealt with directly by that agency in delinquency.
through investigation and warning or by referral to unofficial
and private treatment services; and cases known to public vii) Headache
school agencies and either handled directly or referred to It may cause irritation of temperamental though rarely may
unofficial agencies for treatment; then not only will the result in some sort of outburst.
magnitude of the delinquent group have been greatly
increased, but the problems of definition and of measurement viii) Excessive strength
will have been multiplied for lack of a set of legal working A person who is possessed excessive physical strength and
definitions of what constitute social misconduct, and for lack his mental trait being uncultured and not properly
of a central agency through which such cases may be cleared channelized, probability of his committing an act of offence
for registration or enumeration." It becomes difficult to becomes higher.
determine where exactly the approved behaviour ends and
where from the disapproved begins. "It is like the spectrum of ix) Hypoglycemia
a darker color shading into lighter tint and gradually Hypoglycemia caused by low level of glucose in blood
disappearing or merging with the white so that at no level can disturbs the mental equilibrium and affects the level of
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consciousness, memory and orientation. It may make the inadequate homes (Carrand Srivastava). Ingramfound family
patient liable to assault violent breaches of peace, suicide structure to have important bearings on delinquent behaviour
homicide, drunkenness, perversions, theft, mischief, arson of a child. Dornbuschs study revealed that both the pattem of
and slander. family structure and decision making contribute distinctly to
adolescents deviant behaviour.
2. Socio-Environmental
i) Mobility b) Broken Homes
This factor is responsible for crime causation in the society. One facet of family structure which has been the subject of
The rapid growth of industrialization and urbanization has led many studies is the broken home. Broken home means a
to expansion of means to communication, travel facilities and home where either of the parents is dead or living separately
propagations of views through press and platform. Migration or is divorced or that parents are drunkards or drug addicts or
of persons to new places where they are strangers offers them 53the parents or any other member of the family often fights
opportunity for crime as chances of detection are minimized with each other. In such circumstances, the child feels
considerably. disowned and insecure and thereby finds his way on the cross
roads. He is exposed to the anti-social activities, which he
ii) Cultural conflicts adopts to satisfy himself and in the process, he is led towards
In a dynamic society, social change is an inevitable delinquency. Some researchers have found very high
phenomenon. The impact of modernization urbanization and incidence of broken homes among juvenile delinquents. Shaw
industrialization in a rapidly changing society may sometimes and McKay (1932), Weeks and Smith (1939), Glueck and
result in social disorganization and this may led to culture Glueck (1950), Browning (1960), Peterson and Becker (1965)
conflicts between different valves of different sections of have reported in their studies the relationship between broken
society. The immigration affects the crime rate of a place. home and delinquency. Badami (1965);considered broken
Culture conflict between inhabitants and immigrants results in homes with other factors, such as, poverty, lack of
deviant behaviour. Ruth & Cavan found that Eskimos who are recreational facilities, disorganized family, including family
still not free from the problem of crime till now. How they conflicts, and neglect of children to be the important factors
frequently indulge into deviant behaviour such as loitering causing juvenile delinquency. Rankin (1983) found that
drunkenness and sex offences due to their immigration to broken homes were highly associated with family offenses
urban areas and social contract with non-Eskiness. India has such as running away from home and school truancy rather
faced this problem during Indo-Pak partition days in 1947 and than with other types of juvenile delinquent activities.
Bangladesh in 1971. There was in flood of ‘Refugees’ from
Sindh and North West frontiers region in 1947, which broke c) Child's Birth Order in the Family
down their traditional social structure of Indian Society and Another aspect of family structure which has often been
resulted into enormous increase in crime. related to delinquency is the ordinal position of the child in
the family. Lees and Newson (1954) [2] found differences
iii) Family background among the delinquents which could be attributed to sibling
This factor also incites or encourages the Juvenile to commit position. Their study showed that intermediate children
for offence/crime in society. Sutherland said that the family having both older as well as younger siblings were
background has greatest influence on the criminal behaviour significantly overrepresented in a group of delinquents. They
of offender or Juvenile. The Children are apt to imbibe found that the intermediate children were attended to less by
criminal tendencies, if they find their parents or members of parents as compared to the oldest and youngest children
the family behaving in the similar manner. A child who is which lead the intermediate children towards delinquency.
brought up in a broken family is likely to face an easy prey to The results of their study have received some support from
criminality. The lack of parental control over children due to the findings of Gluecks (1950) and Nye (1958).
death, divorce, or desertion of parent or their ignorance or
illness may furnish soothing ground for children to resort to iv) Neighborhood
criminal acts. The frequent quarrels amongst parents, undue Neighborhood influences also have much to do with the
domination of one over the other, step-motherly treatment nature of crimes in the particular locality. Thus, thickly
with children, frequent births in the family, immorality of inhabited areas, towns and cities offer frequent opportunities
parents, misery, poverty of unwholesome family atmosphere for sex offences and crimes relating to theft, burglary,
unemployment, low income or parent’s continued long Kidnapping, cheating, deceit etc. The cases of pick pocketing
absence from home may led to the child to do commit the are common at railway stations and bus stops and other halt
offence in the society. Some are the same factor which station. Vehicle theft by youngsters is too common at few
emanates from the family background are as under:- places and other gathering places. Another significant feature
of delinquency is certain anti-social activities in the
a) Family Structure neighborhood. These include prostitution houses, gambling
Family is considered to be the most effective variable in houses, brothels and similar other dubious characters
socializing the child and also in serving as a source for institutions. The cinema theatres, swimming pools sport
learning various types of behaviour. The nature and structure grounds, racecourse generally offer a favorable atmosphere
of the family are largely responsible for carving out the for delinquents.
personality make-up of the children. A functionally adequate
family encourages growth, confidence, frankness and ability (v) Socio-economic condition
to face reality. Delinquents mostly come from functionally Socio-economic condition is also the factor, which leads to
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International Journal of Humanities and Social Science Research

the child to commit the offence. Present day industrial found delinquents to be more neurotic than non-delinquents.
progress, economic growth and urbanization have paralyzed Shanna (1979) found delinquents to be highly frustrated.
our domestic life. The loose control over the wards has They were reported to have higher scores on regression and
slackened this leaving them free to behave as they like. Now- aggression. Moreover, Basu (1984) on the basis of his study
a-days, money is the parameter to gauge or measure the social pointed out that emotional instability, in-security, feelings of
status of a man in society. The crimes in the high circle of inadequacy (both in respect of primary and secondary needs)
society may easily be covered up through money. The poverty and inferiority are common denominations or behaviour
contributes a major factor in commission of crime. This disorders in juvenile delinquency. Healy and Bronner (1936)
important factors contributing to delinquency seems to be found that delinquents were rejected, deprived or in-secure.
from low status in social system, educational deficiency, Russell (1977) found that neuroticism, depression, sensitivity,
poverty, inadequate accommodation, broken houses, bad impulsivity, social extroversion and social non-conformity
neighborhood and large size of family. Their adverse factors were dominant personality characteristics in juvenile
occur in the clusters and interact to make a very patent crime- delinquents.
producing situation. Goldhas said that parents of low status
are at a disadvantage in trying to exert control over their sons i) School Factors
to react to social frustration in a rebellious and delinquent The school has the closest contact with most children over the
fashion. Therefore, parent’s occupation educational level and longest period of time. Bad schooling which includes cruel
their income are considered important factors in steering the treatment by teachers creates hatred and frustration among the
youth towards or away from delinquency. West feels that school going children which forces them to leave the school
poor attainment educational is the important factor for and take the path of delinquency. Bhatia (1977) pointed that
delinquency. Unclothed children coming from poorer homes the unfavourable school conditions may include harsh and
are unpopular with teachers, not encouraged by parents to do unsympathetic treatment which often aggravates the situation.
well in school they play truant. Bad neighborhood too According to Pathak (1975): "School is usually thought as a
contributes to it. According to him “delinquency is more constructive agency but when it fails) to perform its
prevalent in town than in small villages because of the designated functions, it may become by virtue of its
densely populated industrial areas and slums inhabited by negligence, a main contributor to delinquency." To many
poverty stricken families accompanied by illegitimacy, children schooling is uninteresting, monotonous and
immorality, alcoholism and disease. Financial hardship plays distasteful with the result that they play truant (Desai, 1979).
another prominent role for committing the crime. When the Feldhusen, Thurston and Berming (1973) and Elliott and
parents due to financial condition do not fulfill minimum Voss (1974) found school related variables as more
requirements of children then the children lead to criminality contributing factors to delinquent behaviour than the effects
or commit offence. Ferguson stated that size of family is of either family or friends. Martin (1978) pointed out that
another factor of crime. When there are many members in the delinquent behaviour is the manifestation 0f psychological
Houses, a worker’s earnings may be insufficient and one defense against threats to self-esteem, and a substantial part of
earner and several dependent which in turn, may lead to both those threats originates in school experiences. He further
physical and mental deprivation and truancy in school. pointed out that the school experience may frustrate lower
class youths and negatively affect their self-concepts by
Psychological, Physiological and personal labeling some individuals as bad or problem children. He
The offender’s mental traits, peculiarities to abilities play a found that highly isolated children in the schools were more
very important role in the determination of delinquency. It is related to delinquent activities. Braithwaite (1978) in his
really the mind that controls it, the mind is designed, study on delinquency and nature of schooling at Australian
defective or feeble, we must turn, for acute, to removal of schools reported that the students from the highly competitive
defect or to the fortification of the faculty. There are some schools show less delinquency than students from non-
substantial factors in causation of anit-social behavior and competitive schools. Gold (1978) proposed that delinquent
crime. behaviour is the manifestation of a psychological defense
Psychological and Neuro-Physiological conditions and against the threats to self-esteem, and a substantial part of
ailments, ocular ailment, nose and throat obstructions, eating those threats originates from the school experiences. Sekar,
trouble, speech defects, enthuses, phinosis physical irritations Edwari and Shariff (1983) concluded from their study that
excessive physical strength mental disorder etc; as in the case there is an association between children who are anti-social
of normal behaviour, the delinquent behaviour isalso affected and neurotic with their below average performance and
by intellectual factors. It is commonly observed that irregular attendance in the school.
intelligent persons in teenagers perform delinquent acts in
rather refined manner. Early studies by Goring (1913), ii) Drug-addiction
Goddard (1921), found low intelligence as the single factor Use of drugs by the youngsters in these days is very common.
influencing juvenile delinquency. In India, Kundu (1969) Due to drug-addiction the children starts committing small
found delinquents to be of inferior intelligence. In contrast, offences. Intoxication results in assault on other family
some researchers have found delinquents to be more members particularly females and children which disturbs
intelligent. Muthayya and Bhaskaran (1964) found family discipline. The lack of discipline in family is highly
delinquents to be slightly more intelligent than normals. hazardous to the child. The child should be checked whenever
The personality traits, such as neuroticism, psychoticism, it is necessary otherwise they may indulge commission of
frustration and maladjustment appear to be important offence.
causative factors of juvenile delinquency. Hinderlang (1971)
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International Journal of Humanities and Social Science Research

iii) Overcrowding Under class II, they include the following:

It is a very bad for young children, whose mind is 1. Intimidation.
impressionable. The child sleeping in the same room with his 2. Property loss and property loss threatened.
parents sees and overhears things which the better to do are 3. Primary victimization which is committed against a
shielded. The shadow of father jealousy towards others or person.
other negative discussion falls across the young and 4. Secondary victimization which is committed against a
impressionable mind. The activities of the father and mother commercial establishment.
may change the mind of children and they may also lead to 5. Tertiary victimization which includes offenses against the
crime. public order and regulatory offences such as violation
of city ordinance.
Classification of Juvenile Delinquency 6. Mutual victimization which includes offenses that involve
It is extremely difficult to assess precisely the extent of the two individuals such as rape.
problem in any part of the country since accurate statistics are 7. No victimization which includes truancy.
not available and are not indicator of the true extent. This is
because of the fact that a large number of such acts remain Trojanovicz classified juvenile offenders in the following
undetected or unreported. Nevertheless, it has been observed five categories
that delinquency rates are highest in all developed countries. 1) Gang Organized and Collective Delinquency
It is in countries with the highest levels of technical and Youngsters classified in this category would be those who
economic advancement that social change occurs most perpetrate their illegal activities within a group. These
rapidly, and traditional social roles and institutional controls children usually come from economically and socially
over child conduct tend to breakdown. Different deprived areas of the city and often seek excitement and
classifications of the juvenile delinquency and delinquents express themselves through the gang. Much of their
have been given by various authors. A few important delinquent motivation and activity is a result of the strain
classifications are noted below. Hirsh delineated the produced by the crowded conditions of their environment in
following kinds of juvenile offences: large inner cities where economic opportunities are lacking
1. Incorrigibility, which includes keeping late hours, and where upward mobility is difficult.
disobedience, and so on.
2. Truancy, which can be from home or school. 2) Unsocialized-Aggressive Boys
3. Destruction of property, which includes both public and Boys classified in this category would have long police
private property. records and would probably come from the homes where they
4. Violence which is perpetrated against the community by were rejected and where there was an early identification with
using such means as knives and guns. a criminal parent or an anti-social type of parent. Families of
5. Sex offenses which can range from homosexual activity to such type of children are prone to physical violence. There is
criminal assault and rape. much hatred and aggression within the homes and this hatred
is often transmitted to the children. Their frustration and
Eaton and Polk classified the delinquents by the following hatred is then vested on the community where they become
types of offences they have been involved in: very aggressive. These youngsters, obviously, do not learn
1. Minor violations which include disorderly conduct and how to sublimate their impulses in a socially acceptable
minor traffic violations. manner.
2. Property violations which include all property thefts
except automobiles. 3) Accidental Offender
3. Major traffic violations which include automobile theft A youngster classified in this category would be one who is
and drunk driving and any other offence that would law-abiding most of the time but who has a lapse of
involve an automobile. judgment. He involves himself in a delinquent activity. This
4. Human addiction which includes sex offenses as well as type of youngster is not a problem and his delinquent
alcohol and drug addiction. behaviour comes to an end when he realizes what he has done
5. Bodily harm which includes homicide offenses that or when he has been caught in the delinquent activity.
involve sexual deviation; such as rape, and generally, all
other acts of violence against a person. 4) Occasional Delinquency
Kvaraceus classifies youngsters who become delinquent in In general, the occasional delinquent is similar to the
relation to three major variables: accidental offender in that he also becomes involved in minor
1. The extent to which the individual engages in delinquent offenses but not on a chronic or regular basis. There is no real
behaviour. pattern to his delinquency.
2. The degree of demonstrable emotional pathology.
3. The individual’s social class. 5) Professional Delinquency
A youngster classified in this category usually steals for
Sellin and Wolfgang also used the type of offence for profit. Stealing is for economic gain to satisfy some desire.
classifying the delinquent behaviour into two classes. Under Schafer emphasized on psychological typologies and
class I they list: psychological dynamics of personality as the basis of
1. Bodily or physical injury; classification of juvenile delinquents. The following types
2. Property theft; and have been envisaged by him.
3. Property damage.
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International Journal of Humanities and Social Science Research

i) Mentally Defective first class. A child can be brought before the committee (or a
This is an individual who has an organic problem and who member of the committee if necessary) by a police officer,
has difficulty in controlling himself because of it. For any public servant, CHILDLINE personnel, any social worker
example, offenders who are mentally defective are involved or public spirited citizen, or by the child himself/herself.
in petty crimes. This category also includes mentally retarded The Child Welfare Committee usually sends the child to a
youngsters. children's home while the inquiry into the case is conducted
for the protection of the child. The Child Welfare Committee
ii) Situational Offenders meets and interviews the child to learn his/her background
They are similar to the accidental offenders but, in these information and also understand the problem the child is
cases, there are more contributing factors. Their delinquency facing. The probation officer (P.O) in charge of the case must
is precipitated by a crisis or by some external event which also submit regular reports of the child. The purpose of the
they are unable to handle. In other words, they do not Child Welfare Committees to determine the best interest of
necessarily go out looking for trouble but because of the child and find the child a safe home and environment
tempering circumstances, they do not use good judgment. either with his/her original parents or adoptive parents, foster
care or in an institution.
iii) Psychotic Offenders A final order must be given within four months of the
A small number of youngsters do not have contact with admission of the child before the Child Welfare Committee.
reality. They may be classified as schizophrenic or may be The Child Welfare Committee also has powers to hold people
given some other psychiatric label. As a result of accountable for the child such as in the case of child labour,
dysfunctional thought patterns, they may hallucinate, have the employers are fined or made to give bonds to the children.
delusions or "hear voices" that command them to become Child Welfare Committee also has the power to transfer the
involved in certain types of delinquent behaviour. The child to a different Child Welfare Committee closer to the
incidence of psychotic oriented delinquency is minimal in child's home or in the child's state to dispose of the case and
relation to the other forms. reunite the child with his family and community.

iv) Cultural Offenders Special Provisions for the Juvenile Delinquents

Youngsters in this category have either emulated a faculty “The center of interest in juvenile court is always a juvenile
identification model or they live in an economically and and his welfare, and not the act or its consequences which
socially deprived environment. Cultural offenders are might have resulted in his or her being brought before the
considered normal members of a deviant sub-culture and their court.” The Juveniles have been given special rights for under
patterns of behaviour are often accepted and called normative the Act:
in their own environment.  Juvenile cannot be kept in police lock-up or jail.
 Juveniles cannot be treated or sentenced in the same
Programmes under the Juvenile Justice Act manner as the adult criminals.
The programme for Juvenile Justice endeavors to provide for  Cases involving juveniles are tried by juvenile Justice
full coverage of services envisaged under the Juvenile Justice Board and not by regular courts.
Act so as to ensure that no child under any situations lodged  Juvenile Justice board consists of magistrate and two
in prison; to bring about qualitative improvement in the social workers.
juvenile justice services and to promote voluntary action for  The case is decided by majority.
the prevention of juvenile social maladjustment and  If a Juvenile criminal is convicted, at maximum he gets
rehabilitation of socially maladjusted juveniles. The Juvenile three years in a reform facility. Thereafter he must be
IPC crimes in 2001 rose significantly by 78.1 percent as released on probation.
compared to the data of earlier years. Under the Programme  Juvenile can only be kept at the special home till he attains
for Juvenile Justice, the Government of India provides 18 years of age.
assistance to the State Government for establishment and  Capital punishment (hanging) or life imprisonment cannot
maintenance of Observation Homes, Juvenile Homes, Special be imposed on a Juvenile offender, irrespective of the
Homes and after-care institutions for children in conflict with gravity of the crime.
law and children in need of care and protection. The cost of  Section 46 -subsections (1), (2) and (3) provides for
maintenance of the inmates of the Observation Homes is absolute power of the State Government to discharge and
borne by the State Government and Central Government on a transfer neglected juveniles from one juvenile home to
50:50 sharing basis under a Centrally Sponsored Plan another.
Scheme. The number of inmates in these Observation/Special
Homes during the year has been varying between110-120. As Conclusions
per the provisions of the Juvenile Justice Act (Care and In nut shell, India is perhaps the only nation in the world
Protection of Children Act) 2000 (amended in 2006) State which has the uncertain distinction of having maximum
governments are required to establish a Child Welfare number of laws to regulate the conduct of society. It is the
Committee or two in ever district. Each Child Welfare only nation where almost all aspects of human behaviour are
Committee should consist of a chairperson and four members. sought to be governed by laws rather than through education
The chairperson should be a person well versed in child or innate enlightenment which is the preserve of every
welfare issues and at least one member of the board should be egalitarian society.
a woman. The Child Welfare Committee has the same powers It may be concluded that we have to take a stern outlook of
as a Metropolitan Magistrate or a Judicial Magistrate of the the changing trends of behavior among our children which
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International Journal of Humanities and Social Science Research

has almost made age as too superfluous and immaterial factor

determining who actually is a Juvenile in real sense and who
is not and tailor out a socio-legal plan to oversee their conduct
in such a way that they get full opening to develop their
faculties without trailing the bliss of their childhood such as
innocence, naughtiness, playfulness, which are the basic
attributes of childhood and ultimately turnout to be good
human beings. The aim of juvenile justice should be that any
reaction to juvenile offenders should always be in proportion
to the conditions of both the offender and offence. Juvenile
delinquency is an ongoing problem in today’s society, there
needs to be more programs created in order to correct this
issue.

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