The Juvenile Justice Act distinguishes between children in conflict with the law and those in need of care and protection, with separate systems for each. Children are generally not treated as adult offenders, aiming for rehabilitation rather than punishment. However, in cases of heinous crimes, juveniles aged 16-18 may be tried as adults after a Juvenile Justice Board assessment. The Act emphasizes aftercare programs and provides specialized homes for treatment, care, and development, aiming to reintegrate juveniles into society.

How are juveniles treated differently under the Juvenile Justice Act?
How are juveniles treated differently under the Juvenile Justice Act?
Juveniles are treated differently under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) to ensure a child-friendly, reformative, and rehabilitative approach, distinct from the punitive adult criminal justice system.

Key Differences in Treatment
1. Definition and Scope
The JJ Act defines a "juvenile" or "child" as any person below 18 years of age.

It distinguishes between "children in conflict with law" (those alleged or found to have committed an offence) and "children in need of care and protection".

2. Separate Judicial Process
Juveniles are not tried in regular criminal courts. Instead, they appear before a Juvenile Justice Board (JJB), which includes a judicial magistrate and two social workers (at least one woman), ensuring a child-friendly, non-intimidating environment.

The JJB conducts inquiries, grants bail, and determines appropriate rehabilitation measures, focusing on the child's welfare rather than punishment.

3. Categorization of Offences
The Act classifies offences by juveniles as petty (up to 3 years’ imprisonment), serious (3-7 years), and heinous (7 years or more).

For petty and serious offences, juveniles are always treated under the juvenile system and cannot be tried as adults.

4. Special Provisions for Heinous Offences (Aged 16–18)
For heinous offences, juveniles aged 16–18 may be tried as adults, but only after a preliminary assessment by the JJB of their mental and physical capacity, understanding of consequences, and circumstances of the offence.

If found mature enough, the case is transferred to a Children’s Court, which can try the juvenile as an adult, but with certain protections (e.g., no death penalty or life imprisonment without the possibility of release).

Those under 16, even for heinous crimes, are always treated as juveniles and cannot be tried as adults.

5. Focus on Rehabilitation and Social Reintegration
The Act emphasizes rehabilitation, counselling, education, and vocational training rather than punishment.

Detention is considered a last resort, and bail is generally favored unless it is not in the child's best interest.

Juveniles are placed in special homes or observation homes, not regular jails.

6. Protection of Rights
The identity of juveniles is protected; media cannot disclose their names or images.

The Act mandates child-friendly procedures throughout the investigation and trial process.

7. Adoption and Care Provisions
The Act streamlines adoption for orphaned, abandoned, and surrendered children, and introduces foster care, prioritizing the child’s best interests

The Juvenile Justice (Care and Protection of Children) Act, 2015, establishes a distinct legal framework for juveniles in India, focusing on rehabilitation over punishment.

Separate Legal Proceedings: Juveniles are tried in specialized Juvenile Justice Boards (JJBs), not adult courts, ensuring a child-friendly approach.
Rehabilitation Focus: The Act emphasizes reform through education, counseling, and vocational training, aiming to reintegrate juveniles into society.

Age-Based Classification: Children under 18 are generally treated as juveniles; however, those aged 16–18 may be tried as adults for heinous crimes like murder or rape, following a thorough assessment of their mental and physical capacity.

Specialized Institutions: Juveniles are placed in observation homes or special homes, not adult prisons, providing care and protection during the trial period and post-adjudication.
Aftercare Services: Post-release support includes education, vocational training, and counseling to assist juveniles in reintegrating into society.
Child Welfare Committees (CWCs): CWCs assess the needs of children in need of care and protection, ensuring their well-being and appropriate placement.

Legal Protections: The Act upholds the rights of juveniles, ensuring fair treatment and protection from exploitation.
This approach reflects India's commitment to international standards for child rights and juvenile justice.

Under the Juvenile Justice Act, juveniles (those under 18) are treated differently from adults. They are tried in special courts called Juvenile Justice Boards, which focus on rehabilitation rather than punishment. Juveniles are kept in separate homes, not adult jails, and their identity is kept confidential. For serious crimes committed by those aged 16-18, the board may decide if they should be tried as adults. However, even then, they receive separate treatment. The law aims to protect juveniles and help them reintegrate into society.