Laws in India If a Crime Is Committed by a Child Under 15 years ?

In India, the legal system treats crimes committed by children differently from those committed by adults. The aim is not to punish, but to reform and rehabilitate. When a child under the age of 15 commits a crime, the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 apply. This article outlines the key legal provisions and the approach of the Indian legal system in such cases.

Who is Considered a Child? As per the Juvenile Justice Act, any person below the age of 18 years is considered a child. The Act categorizes children in conflict with law into two groups:

1. Children below 16 years of age
2. Children between 16 and 18 years of age, especially in cases involving heinous offences

Legal Treatment for Children Under 15.. If a child under the age of 15 commits an offence, the law adopts a reformative approach rather than a punitive one:

1. Juvenile Justice Board (JJB)- Such cases are handled by a Juvenile Justice Board instead of a regular criminal court. The Board consists of a magistrate and two social workers. Its focus is on understanding the child’s background, family conditions, and circumstances that led to the offence.
2. No Death Penalty or Life Imprisonment -A child under 18 cannot be sentenced to death or life imprisonment without the possibility of release.
3. Types of Measures Taken-The Board may order the child to undergo counselling or participate in rehabilitation programs. The child may be sent to a Special Home or Observation Home for a maximum period of three years, regardless of the nature of the offence. Community service, probation, or placement under supervision of a fit person or institution are also common.
4. No Criminal Record

Once the child completes the rehabilitation or observation period, they are not treated as having a criminal record. Their identity is also protected, and they cannot be disqualified from future opportunities (e.g., education or employment) based on the offence.

Exceptions for Heinous Crimes– The 2015 amendment to the Juvenile Justice Act introduced a provision for children aged 16 to 18 involved in heinous crimes (punishable with more than 7 years of imprisonment) to be tried as adults after a preliminary assessment. However, this does not apply to children under 16, and therefore not to those under 15.

Why the Reformative Approach? The Indian legal framework is guided by the belief that children are capable of change and should be given a chance to reform. The emphasis is on education, psychological support, and reintegration into society.

Landmark Judgments:-

1. P.Yuvaprakash vs. state:– In july 2023, the Hon’ble SC addressed the evidentiary value of documents used to determine a minor’s age in this case. The hon’ble court held that a school transfer certificate cannot be solely relied upon to ascertain the age of an individual under the JJ Act. Instead, priority should be given to the birth certificate from the school first attended or the matriculation certificate. in the absence of these, a birth certificate issued by a municipal authority or panchayat should be considered. only when these documents are unavailable should an ossification test or other medical age determination methods be employed. this judgment emphasizes the hierarchy of evidence for age determination to ensure accuracy and consistency.
2. Rahul Kumar Yadav:– in April 2024, the Hon’ble SC reiterated that a plea of juvenility can be raised at any stage of legal proceedings. in this case, the hon’ble court emphasized that claims of juvenility must be examined based on medical evidence and other relevant documentation, regardless of the trial stage. this underscores the principle that the Juvenile status of an accused is a fundamental aspect that can significantly impact the nature of legal proceedings and sentencing.
3. Om Prakash vs. UOI:– in January 2025, in this case, the appellant, PM Prakash, was convicted of an offense committed when he was a minor. he raised a plea of juvenility under section 9(2) of the JJ Act, which allows such claims to be made at any stage of legal proceedings, even after the final disposal of the case. the Supreme Court underscored the importance of this provision, emphasizing that the determination of juvenility is a fundamental right that can significantly impact sentencing and rehabilitation. the Hon’ble Court ruled that all past records of any child under the Juvenile Justice system should be erased, except in special circumstances, reinforcing the Act’s rehabilitative intent.

Conclusion

If a child under 15 commits a crime in India, the response of the legal system is primarily rehabilitative. The Juvenile Justice Act ensures that such children are given care and protection, with a strong emphasis on reform over punishment. The goal is to guide them toward a better future, rather than pushing them deeper into a life of crime.