The Juvenile Justice (Care and Protection of Children) Act, 2015 Notes

A juvenile, according to the law, is any person below the age of 18. This definition aligns with international standards, such as the United Nations Convention on the Rights of the Child (CRC), which stresses the protection and care of children. In India, the law further provides that children under the age of 7 cannot be held criminally liable for any offense, meaning they cannot be convicted for crimes. This provision acknowledges that young children lack the mental and emotional maturity required to understand the consequences of their actions. For instance, if a 6-year-old child were to steal an item, they would not be held criminally responsible because of their age, which is considered too young for criminal liability.

Earlier laws were vague in differentiating between two types of children: those who commit offenses and those who need care and protection. Both were broadly categorized as “juveniles.” This lack of clarity sometimes led to confusion in handling cases involving children. The Juvenile Justice (Care and Protection of Children) Act, 2015, amended this by creating clear distinctions between “children in conflict with the law” (CCLs), who have broken the law, and “children in need of care and protection” (CNCPs), who may be victims of abuse, neglect, or abandonment. For example, a child who steals due to hunger would fall under the category of a child in conflict with the law, while a child abandoned by their parents would be classified as a child in need of care and protection. This distinction allows for a more appropriate and tailored approach to handling each situation.