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Should children be held criminally liable for cybercrimes under juvenile law?

Posted by jobseeker Ritik Bhardwaj | Approved
Answers (1)

Children engaging in cybercrimes present a complex challenge at the intersection of technology, law, and juvenile justice. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, children below the age of 18 are not held criminally liable in the same way as adults; instead, they are subject to reformative measures focused on rehabilitation. However, with increasing digital access, minors—particularly those aged 16 to 18—have been involved in serious cyber offenses, raising the question of criminal liability.

The Act allows for children in this age group to be tried as adults in cases involving heinous offenses (punishable by seven years or more). Some cybercrimes, such as hacking critical infrastructure, identity theft, or child pornography, may fall under this category depending on their severity. Yet, the law must carefully balance accountability with the developmental immaturity of minors. Holding children criminally liable for cybercrimes may be justified in exceptional cases, but the focus should remain on rehabilitation, digital education, and early intervention rather than punitive measures.

Thus, while children should not be immune from consequences, especially for grave cyber offenses, they must be dealt with under the juvenile justice framework, ensuring that the response is proportionate, reformative, and in line with constitutional protections under Article 15 and Article 21.

Answered by jobseeker Vipra | Approved

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