Introduction
Juvenile delinquency is an act in which a person less than the age of 18 years participates in unlawful and illegal behaviour or activities. Juvenile crimes mainly vary from status offences to property crimes.
Relevant Provisions
Section 4 of the Juvenile Justice System Act 2018 deals with Juvenile Delinquency.
Meaning
Juvenile delinquency means an immature child under 18 commits a crime.
Definition
According to the Oxford Dictionary
“The offences committed by the people under the age of legal responsibility.”
According to Wikipedia
“Juvenile delinquency is the act of participating in unlawful behaviour as a minor or individual younger than the statutory age of majority.”
Juvenile Justice System in Pakistan
Most of the world’s legal systems offer specific procedures to deal with juveniles. One example is the establishment of Juvenile Detection Centers. When a juvenile commits a crime, the process followed to treat him differs from that followed to treat an adult offender.
Prison Act, 1894
In Pakistan, the Prison Act of 1894 gives authority to the Local Government to make “Prison Rules” to deal with the matters of daily routine, health, diet, prison labour, and physical well-being of the prisoners. Juvenile offenders are treated the same way as their corresponding adults under the specific rule of the Prison Act.
Juvenile Court
A court established under Section 4 of the Juvenile Justice System Act 2018 and has unique jurisdiction over delinquent persons who are primarily under 18 is called Juvenile Court.
Treatment with the Juveniles
Juvenile courts adopt a method other than that of the young and mature offenders to deal with the juveniles.
The reason is that young children are not mature enough to understand their acts’ nature and severity. Thus, dealing with them in the same manner as adult offenders is unjust.
Types of Juveniles
There exist two kinds of juveniles
1. Neglected Juveniles
As the name indicates, these juveniles are not considered harmful. For their rehabilitation, they are sent to some Welfare Institutions, for example, Edhi centres.
2. Delinquent Juveniles
The delinquent juveniles are advised in this regard. They may be kept in custody or may be released on probation.
Procedure of the Juvenile Court
The procedure of Juvenile Courts to treat juveniles is comprised of three steps.
- Pre-Trial
- Trial
- Sentence
1. Pre-Trial
The pre-trial process consists of the following.
- The state fixes a minimum age for criminal liability.
- The state enacts special laws and procedures for the trial and treatment of juvenile offenders.
- The accused child shall be considered innocent until proven responsible for the crime.
- The state ensures protection against retrospective punishment.
- Using his parents, the child must be informed about the charges against him.
- The child must be treated with dignity and honour, and his privacy must be protected.
2. Trial
The Trial process is comprised of the following steps.
- A group of independent and impartial judges who are competent in their field must conduct the trial.
- The juvenile must enjoy the help of an interpreter if he cannot understand the court’s language.
- The juvenile must not be forced to confess the guilt.
- The juvenile must be provided assistance to present himself for his defence.
- The child must enjoy the opportunity of a fair hearing.
- The court, while deciding about the case, must have a view on the age and situation of the child.
3. Sentence
The process of Sentence consists of the following steps.
- A juvenile under 18 should not be punished with the death penalty or life imprisonment.
- The juvenile must not be subjected to some cruel treatment
- The juvenile offenders must be kept separate from the adult offenders during the period of detention
- During the stay of the juvenile in a rehabilitation institution, the child must be in regular contact with his family
- The state shall establish rehabilitation centres for proper rehabilitation and training of the juvenile delinquents
- The court may release the juveniles on probation for their repair, and they may stay in their home. This works as an alternative to rehabilitation centres.
Conclusion
In Pakistan, the juvenile court system deals with crimes committed by children. In Pakistan, the minimum age for criminal responsibility is Seven Years.
According to Section 83 of PPC, it is clear.
“Nothing is an offence which is done by a child between the ages of 7 and 12 years and lacks sufficient maturity to judge the nature and consequences of his/her conduct on that particular occasion.”
