Young Repeat Offenders
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Section 82 of the Indian Penal Code, 1860 mentions that nothing is an offence which is done by a child under seven years of age similarly Section 83 of IPC mentions that nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct. The first question that arises is that when a child is not able to understand the nature and consequences of his conduct there is a high probability that, he might repeat the same action (before attaining maturity).
Ques: What should be done in case a child up to 12 years of age repeats a criminal act without being aware of the nature of his act?
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young offenders are the ones who are below the age of criminal liability and has committed an offence. age of criminal liability varies from state to state. in india a child below the age of 18 is said to be a minor and is considered juvenile. principle of doli incapax is used in most of the countries that means, a person incapable of understanding the nature and impact of the act she/he has committed. when a child commits a crime he/she can’t be treated as adult and is tried ina special manner and mostly sent for rehabilitation. it is only in exceptional cases where the crime committed is very grave and the child has the full knowledge of the crime and is able to understand the nature of the crime that he/she is considered equal to adult and tried that way.
now when these young offenders complete their period of stay in rehab centre and after being released if they resort to crime again then they are known as young repeat offenders. the rates if recidivism in young offenders are alarming. although recent studies show a decrease in juvenile recidivism in india but overall rate of crimes by young offenders have increased. even after being in rehab centres under guidance of govt officials and psychologists these young people again resort to crimes. here are some of the reasons and factors that affect the recidivism in these young offenders. 1] Age of onset of crime, the age at which young minds resort to crime also somehow affects their life, as at tender age if mind is attracted towards crime and the offences committed by minors are driven by passion then it is difficult to bring them back on track. 2] Family environment and peer pressure, the kind of environment the family of these children provide impacts a lot n their growth, toxic and non-supportive environment encourage them to resort to crime again. peer pressure also forms an important factor, the kind of company the child has and its influence if his/her mind. 3] earlier assault or trauma, many of the young offenders have a traumatic history, this trauma or assault also drives them back to crime. 4] psychological prombles and lack of help, many studies have shown that young offenders suffer from psychological disorders that go unidentified and unaddressed. 5] education and financial condition, the level of education and financial condition of an offender affects their behaviours, good education and financial stability helps in preventing them from resorting back to crime.
so these were some of the reasons and factors affecting recidivism, proper preventive measures and care can help in reducing the rate of recidivism.~ Chhavi Sompura
As per sec 83 of IPC 83. Act of a child above seven and under twelve of immature understanding.—Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
Since, the child does not has a maturity level to understand the nature and consequences of the actions, there are high chances of the child repeating his actions.
So, the child can be sent for counselling sessions to make him more aware of not performing those actions again and also make sure that the child is well attending the counselling sessions and responding well to the same.Section 83 of the Indian Penal Code confers immunity to children up to the age of 12 from criminal liability. When a child is above the age of 7 and below the age of 12, the liability is completely dependent on the maturity of the child. When a child below the age of 12 has the maturity to understand the consequences of the criminal act then the child is liable. Few factors that demonstrate maturity,
• The immediate action of a child after the commencement of the criminal act.
• The conduct of child during the investigation process.
• The nature of the act done by the child.Sometimes, a child lacks the maturity to understand the consequences of the act and thus the child can’t be held liable. The children repeat the act because they fail to realize the real nature of the criminal act and the sequel of it. Thus, the child must be given special care and attention to prevent them from repeating the act and has to impose certain moral values on children and divert their mind in a more positive direction. These acts could be prevented by making the children get engaged in any other activities like games, music.
Young Repeat Offenders
Section 82 and Section 83 of Indian Penal Code, 1860 provides for immunity from criminal liability to children’s till the age of 7 and partial immunity for children’s between 7-12 years of age depending upon seriousness of their offense. A child when unaware of nature and net consequences of his act, there is an absolute chance that the child may repeat the offence again and again, while having in mind the defence of his act.
The major loop holes of India’s legislation regarding to juvenile offences is the consideration of age till which a child is considered immune of any act is 7 years in India against the UN guidelines of 18 years. Juvenile recidivism has a bad growth in India where Maharashtra is among the most affected states in the country.
The major cause of rise in juvenile recidivism is (1) Breakage of the family system, (2) Poor financial status of a family, (3) Lack of literacy, (4) Substance abuse at a young age, (5) Poor mental health, (6) Migration and sex indulgence.
The Indian Legal system believes in reformation for which they are sent to rehabilitation centers and correction homes which is less effective. Following are the suggestive steps to be taken to counter juvenile recidivism effectively and efficiently:
(i) Children should be taught basic laws and moral codes in schools also they should be made well aware of the consequences of their unlawful acts.
(ii) They should be taught conflict resolution and violence prevention curriculums.
(iii) Recreational programs should be set up to allow them to grow with which helps them to fit in a good personality.
(iv) Increased indulgence in social works with the help of NGOs.
(v) Once a child leaves correction homes he/she should be kept away from substance abuse which is one of the major causes of juvenile recidivism
(vi) Proper research should be done to trace the root of the crimes committed by juveniles to take proper precautions and planning future counter-strategies.
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