Section-II
Juvenile Delinquency
Juvenile: Typically a person under 18 years (in many jurisdictions; in Pakistan,
under Juvenile Justice System Act 2018, under 18).
Delinquency: Illegal or antisocial acts committed by juveniles → includes status
offenses (e.g., truancy, running away, underage drinking - not crimes if done by
adults) and criminal/delinquent acts (e.g., theft, assault, drug offenses).
Behavioral vs. Legal definition:
● Behavioral: Any deviant act violating social norms.
Examples
➢ Elopement
➢ absenteeism
➢ Lethargy
➢ ill-mannered
➢ Sexual Activities
➢ Theft and Stealing
● Legal: Acts prohibited by law, leading to juvenile court intervention.
Juvenile delinquent vs. status offender:
Status offenders commit acts only illegal due to age; delinquents commit acts that
would be crimes for adults.
STATUS OFFENDER:
One who has done something which is ordinarily not considered a crime - except
when done by a minor.
Age of Criminal Liability in Pakistan Section 82 PPC:
Nothing is an offence, which is done by a child under seven years of age.
Section 83:
nothing is an offence done by a child between seven and twelve years old“ who has
not attained sufficient maturity of understanding to judge the nature and
consequences of his conduct on that occasion.”
Causes / Risk Factors of Juvenile Delinquency
Risk factors interact across individual, family, peer, school, and community levels
(biopsychosocial model).
● Individual: Low self-control, impulsivity, ADHD/conduct disorder, early
aggression, substance abuse.
● Family: Poor parental supervision, broken homes, abuse/neglect, inconsistent
discipline, parental criminality.
● Peer: Association with delinquent peers (strongest predictor in many studies).
● School: Truancy, poor academic performance, exclusion/zero-tolerance
policies.
● Community/Socio-economic: Poverty, social disorganization, gang
presence, lack of opportunities, urban slums.
● Other: Trauma, mental health issues, drug/alcohol influence, media/negative
role models.
Protective factors (buffers): Strong family bonds, positive peers, school
engagement, mentoring, community
programs.
Major Theories of Juvenile Delinquency
Theory Key Core Idea Application to Example
Proponent(s) Juvenile
Delinquency
Differential Edwin Crime is learned through Juveniles learn Boy joins street gang →
Association / Sutherland interaction with intimate delinquency from learns theft techniques
Social Learning groups (family/peers); delinquent peers/gang and justifications from
excess of definitions members via imitation, older members.
favorable to violation of reinforcement.
law over unfavorable ones.
Strain / Anomie Robert Merton Strain arises when Blocked opportunities Teen in slum area steals
Theory (classic); culturally valued goals (poverty, unemployment) to buy status items he
Robert Agnew (wealth/success) cannot push juveniles to crime can't afford legitimately.
(General Strain be achieved through for quick success.
Theory) legitimate means → leads
to deviance (innovation
mode most relevant).
Social Control / Travis Hirschi Delinquency occurs when Weak family/school A neglected child with no
Social Bond bonds to society are weak bonds → no stake in parental attachment skips
Theory (attachment, commitment, conformity → higher school and commits
involvement, belief). delinquency risk. vandalism.
Labeling Theory Howard Deviance amplified by Juvenile court label → First-time shoplifter
Becker, Frank societal reaction; negative stigma → further crime labeled "thief" → drops
Tannenbaum labels (e.g., "delinquent") as identity. out, joins delinquent
become self-fulfilling group.
prophecy → secondary
deviance.
Social Shaw & McKay High-crime neighborhoods Slums with poverty & High delinquency rates in
Disorganization lack social cohesion → transience breed disorganized urban areas
weak informal controls → delinquency. with few community ties.
delinquency.
Prevention and Rehabilitation Strategies
Primary prevention:
Early interventions (preschool programs, family support, school-based skills training).
Secondary prevention:
Target at-risk youth (mentoring, after-school programs, gang intervention).
Tertiary prevention:
Rehabilitation for offenders (multi-systemic therapy, cognitive-behavioral programs,
restorative justice).
Evidence-based approaches:
Family-based (e.g., Multi-Systemic Therapy), community programs, trauma-informed
care, diversion (avoid formal labeling).
In Pakistan/India context:
Strengthen Juvenile Justice System Act 2018 (Pakistan), focus on probation, borstal
institutions, community service, avoid harsh punishment.
Juvenile Justice System in Pakistan
Historical Background & Legal Framework
Pre-2018:
Juvenile Justice System Ordinance 2000 (JJSO) – introduced after Pakistan ratified
UNCRC (1990). It was criticized for poor implementation, lack of separate facilities,
and constitutional issues (e.g., struck down temporarily by Lahore High Court in
2004 but later revived).
JJSA 2018 (enacted May 2018):
Federal law with overriding effect (Section 23). Applies across Pakistan; provinces
implement via rules and institutions.
Amendments:
Minor updates (e.g., Juvenile Justice System Amendment Act 2022 in some
contexts), but core provisions remain stable as of 2026. No major overhaul reported
recently.
Minimum Age of Criminal Responsibility:
Still governed by PPC Sections 82–83 (7 years absolute immunity; 7–12 conditional
based on maturity). JJSA does not amend this – a frequent criticism.
Why a Separate Justice System?
• Concept of restoration/rehabilitation
• More amenable to rehabilitative treatment
• Inadequate behavioral and emotional development
• Non development of maturity, decision-making abilities, and behavioral control
• Lack of maturity to fully comprehend the consequences of their actions,
• Impulsivity and recklessness
• Adverse consequences of housing juveniles with adults
Major Components of the JJS
• Police
• Prosecutor
• Juvenile Court
• Probation Officer(Enhanced Role)
• Borstal Institution
Features of the System
1. A juvenile is defined as a person below 18 years of age.
2. Separate courts, known as Juvenile Courts, are established.
3. Juvenile offenders are kept in observation homes and rehabilitation centers
instead of police stations and prisons.
4. A Juvenile Justice Committee is constituted at every subdivision under a
serving Judicial Magistrate.
5. Provision of diversion as an informal mechanism of dispute resolution.
6. Observation homes and rehabilitation centers may be established by NGOs.
7. Separate trials are conducted; no joint trial of a juvenile with an adult offender.
8. Right to legal assistance is guaranteed for the child/juvenile offender.
9. Completion of trial within six months.
10.No death penalty for juveniles.
11.No publication of proceedings of the Juvenile Court is allowed.
12.In case of publication of Juvenile Court proceedings or disclosure of the
juvenile’s identity, the responsible individual may be liable to imprisonment up
to three years.
13.Female juveniles are to be investigated only by a female police officer.
14.A female probation officer is appointed for female juveniles.
15.Separate observation homes are established for female juveniles.
16.Probation officers assist the court during proceedings.
17.No irrelevant person is allowed in the court during juvenile proceedings.
18.Handcuffing of juveniles is prohibited unless there is a risk of escape.
19.The law encourages probation instead of imprisonment.
Role of Police in Juvenile Justice System
1. To treat the child offender with care and sensitivity, not as an ordinary criminal.
2. To immediately inform the parent or guardian in case of the child’s arrest.
3. To promptly notify the probation officer about the arrest of the juvenile
offender.
4. To strictly avoid handcuffing the juvenile, except in exceptional circumstances
permitted by law.
5. To ensure that the juvenile offender is kept in an observation home rather than
a police lock-up or jail.
Role of Probation Officer
● To ensure the welfare and best interests of the child.
● To provide counseling, guidance, and mentoring to the juvenile.
● To coordinate with the police regarding the juvenile’s case and protection.
● To maintain liaison and coordination with the child’s parents or guardian.
● To assist the Juvenile Court during proceedings.
● To submit a comprehensive report to the court covering the educational,
social, moral, and family background of the child.
CRIMINAL JUSTICE SYSTEM
➢ The Criminal Justice System is a framework consisting of individuals,
institutions , rules and procedures combined together in order to prevent and
control crimes in the society.
➢ The term criminal justice system refers to the components of government
charged with enforcing law, adjudicating criminals, and correcting criminal
conduct. The criminal justice system is essentially an instrument of social
control: society considers some behaviors so dangerous and destructive that
it either strictly controls their occurrence or outlaws them outright.
Objectives of the Criminal Justice System (CJS)
● Retribution: To punish the offender by making them suffer proportionately for
the crime committed.
● Deterrence: To prevent crime by discouraging the offender and others
through punishment.
● Incapacitation: To protect society by restraining offenders and keeping them
away from the public.
● Rehabilitation: To reform and transform the offender into a responsible and
law-abiding individual.
● Restitution: To compensate the victim for the harm caused, including
compensation such as Diyat.
THE PROCESS OF JUSTICE
Police / Entry Phase
1. Crime (Occurrence & Reporting):
A crime is committed and comes to police attention (via patrol, undercover
work, informer, confession, victim/witness report). → Most crimes are never
reported or solved → no further action.
2. Initial contact Police become involved (e.g., response to 911 call, on-view
observation, or follow-up).
3. Investigation Police gather evidence, interview witnesses, collect forensics.
Possible outcomes:
○ No probable cause → no action taken or case closed.
○ Suspect identified but not pursued → suspect not action taken.
4. Arrest:
Suspect taken into custody (with or without warrant) when probable cause
exists. → Can be released at this stage if discretionary (citation for minor
offenses).
5. Custody (Booking & Holding) Suspect is booked, fingerprinted,
photographed, and held in jail or released on citation/bond. Bail may be set
early (especially misdemeanors).
6. The Charging Prosecutor reviews police reports and decides whether to file
formal charges.
○ Felony: Often requires a grand jury (indictment) or preliminary hearing
(information/complaint).
○ Misdemeanor: Usually simpler charging document ("information").
Possible: Insufficient evidence → case dropped.
7. Preliminary hearing / Grand jury (Felony-specific)
○ Preliminary hearing: Judge determines if probable cause exists to
proceed (some states).
○ Grand jury: Secret proceeding; decides if indictment is issued (required
in federal felony cases and some states). Possible: Insufficient
evidence → dismissal.
Court Phase (Pre-Trial & Trial)
8. Arraignment / Initial hearing Defendant appears in court, is formally
advised of charges, enters a plea (guilty, not guilty, no contest), and bail is
(re)considered. Rights are read; counsel appointed if needed.
9. Bail / Detention reconsidered Judge decides release conditions (bail amount,
conditions, or pretrial detention if flight risk/dangerous). → Many are released
pretrial.
10.Plea negotiations Prosecutor and defense discuss plea bargain (most
common resolution — ~90–95% of cases). → Guilty plea → skips trial →
straight to sentencing.
11.Trial / Adjudication If no plea: Full trial (jury or bench). Prosecution proves
guilt beyond a reasonable doubt. Verdict: Guilty or Not guilty. → Not guilty →
case ends (double jeopardy applies).
12.Sentencing If guilty (via plea or trial): Judge imposes sentence after
considering guidelines, victim impact, defendant history. Options: Fine,
probation, community service, jail/prison, etc.
Corrections / Post-Conviction Phase
13.Corrections Sentence carried out: Prison (felony), jail (misdemeanor/short
term), probation, etc.
14.Release decision Early release possible via parole (if eligible), good time
credits, or mandatory release.
15.Postrelease Supervision (parole/probation), potential revocation if violated,
or full discharge. → Appeal possible at various points (often after
conviction/sentencing).
Key Differences: Felony vs. Misdemeanor (as shown in the
diagram)
● Felony path → More steps, especially grand jury/preliminary hearing, longer
potential sentences, jury trial more common.
● Misdemeanor path → Shorter/faster (often skips grand jury), handled in lower
courts, lighter penalties (usually <1 year jail).
● Branches (e.g., bail, plea deals, dismissals) apply to both, but felonies have
stricter detention rules.
Problems of Policing
● Acute paucity of financial resources (very limited budgets for investigation,
e.g., Rs. 295 in Lahore, Rs. 328 in Islamabad, Rs. 166 in Sialkot).
● Acute shortage of manpower (world standard 1:222, Pakistan 1:500;
excluding protocol duties approximately 1:720).
● Massive corruption, making policing one of the departments where corruption
widely prevails.
● Rigid and bureaucratic organizational structure.
● Absence of effective accountability mechanisms.
● Outdated legal framework governing policing.
● Colonial legacy influencing policing practices and mindset.
● Political interference in policing matters.
● Absence of effective human resource management.
● Overall governance deficit affecting the state’s institutional apparatus.
Judiciary
Procedure of Trial:
1. Submission of Police Report
2. Commencement of Proceedings
3. Framing of Charge
4. Examination of Witnesses
5. Opportunity for the accused to tender statement
6. Arguments
7. Order / Judgment / Verdict
Problems:
● Huge backlog of cases (3 million cases pending)
● Acute shortage of judges
● Corruption, mostly in lower ranks (6th most corrupt department)
● Frequent adjournments
● Non-professional conduct of the Bar
● Lack of effective accountability
● Outdated legal framework