Difference Between Child and Juvenile

Home / Bharatiya Nyaya Sanhita & Indian Penal Code

Criminal Law

Difference Between Child and Juvenile

07-Jan-2025

Introduction

The legal system's approach to young individuals requires careful distinction between "juveniles" and "children" as these classifications determine the nature of legal proceedings, rights, protections, and institutional responses.
This distinction has evolved through various legislative reforms and international conventions, reflecting society's understanding that young individuals require special consideration in legal matters while acknowledging different needs in civil and criminal contexts.
This comprehensive framework helps legal professionals, social workers, and policymakers in designing and implementing appropriate interventions while maintaining the delicate balance between protection, reformation, and justice.
It also reflects society's evolving understanding of childhood, adolescence, and the importance of age-appropriate legal responses.

Difference Between Child & Juvenile

Aspect	Child	Juvenile
Definition and Scope	Defined universally by UNCRC as any person under 18 years.	Age range typically between 7-18 years, varying by jurisdiction, focusing on criminal responsibility.
	Protected under national legislations like child labor laws and right to education acts.	Related to delinquent behavior and mental maturity in understanding consequences.
	Status highlights vulnerability and need for protection.	Term used in the context of legal conflict with laws.
	No lower age limit in definition.	Age brackets may vary for different offenses.
	Encompasses all aspects of life: education, health, and welfare.	Focuses primarily on addressing conflicts with the law.
Legal Context
Child-Related Laws	Governed by civil and family law frameworks.	Governed by criminal law with special provisions.
	Focus on protective measures like education rights and custody laws.	Emphasizes rehabilitation over punishment.
	Address parental responsibility and protection from exploitation.	Includes procedural safeguards for juveniles in conflict with the law.
Juvenile Justice	Not applicable.	Focuses on reformation, peer influence considerations, and social reintegration.
Rights and Protections
Children’s Rights	Right to education, protection from abuse, healthcare, identity, and play.	Right to legal representation, privacy, reformative treatment, and rehabilitation.
Children’s Rights	Protection from harmful practices and right to family environment.	Protection from adult criminals and access to vocational training during detention.
Juvenile Rights	Broad and universally applicable until age 18.	Rights are specific to legal proceedings and criminal responsibility.
Legal Proceedings
Child-Related Proceedings	Conducted in civil or family courts with child-friendly atmospheres.	Conducted in specialized juvenile courts.
	Focus on the best interest of the child and long-term welfare.	Modified criminal procedures emphasize rehabilitation.
	Involves child welfare experts and informal structures.	Requires probation officers, confidentiality, and understanding root causes of delinquency.
Juvenile Proceedings	Not applicable.	Special rules of evidence and rehabilitation-centered approaches.
Institutional Framework
Child Welfare Institutions	Includes Child Welfare Committees, Child Protection Services, educational and healthcare organizations.	Includes Juvenile Justice Boards, Observation Homes, Special Juvenile Police Units, and Rehabilitation Centers.
Child Welfare Institutions	Supported by NGOs, family counseling, and child rights commissions.	Also involves probation services, vocational training, and after-care organizations.
Juvenile Justice Institutions	Not applicable.	Exclusively designed for juveniles in conflict with the law.
Treatment in Legal System
Treatment of Children	Protective approach focusing on development needs.	Reformative approach focusing on behavioral and social reintegration.
Treatment of Children	Includes family-centered interventions, education, health, and emotional support.	Includes counseling, skill development, character building, and prevention of recidivism.
Treatment of Juveniles	Not applicable.	Legal proceedings aim to reform rather than punish juveniles.
Age Considerations
Child Age Factors	Universal application until 18 years, with age-specific rights and protections.	Minimum age of criminal responsibility varies; mental age is considered in legal contexts.
Child Age Factors	Focus on development stage and age-appropriate interventions.	Includes age assessment and tailored rehabilitation programs.
Juvenile Age Factors	Not applicable.	Different treatments based on age groups and specific legal provisions for juveniles.

Legal Provisions Covering the Definition of Child & Juvenile

Act	Section	Definition of "Child"/"Adolescent"/"Juvenile"
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986	Section 2(ii)	"Child" means a person who has not completed his 14th year of age.
	Section 2(i)	"Adolescent" means a person who has completed 14 years but not completed 18 years.
Protection of Children from Sexual Offences (POCSO) Act, 2012	Section 2(1)(d)	"Child" means any person below the age of 18 years.
Right of Children to Free and Compulsory Education Act, 2009	Section 2(c)	"Child" means a male or female child of the age of 6 to 14 years.
Commissions for Protection of Child Rights Act, 2005	Section 2(b)	"Child" means a person below the age of 18 years.
Prohibition of Child Marriage Act, 2006	Section 2(a)	"Child" means a male below 21 years or a female below 18 years.
Factories Act, 1948	Section 2(c)	"Child" means a person who has not completed his 15th year of age.
Guardian and Wards Act, 1890	Section 4(1)	"Minor" means a person who has not attained the age of majority (18 years under the Indian Majority Act, 1875).
Juvenile Justice (Care and Protection of Children) Act, 2015	Section 2(35)	"Juvenile" means a child below the age of 18 years.
	Section 2(12)	"Child" means a person who has not completed 18 years of age.
	Section 2(13)	"Child in conflict with law" means a child alleged or found to have committed an offence who is below 18 years on the date of offence.
Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023	Section 2 (3)	“child” means any person below the age of eighteen years;
Immoral Traffic (Prevention) Act, 1956	Section 2(aa)	"Child" means a person below 16 years of age.
Immoral Traffic (Prevention) Act, 1956	Section 2(cb)	"Minor" means a person aged 16 to 18 years.
Child Labour (Prohibition and Regulation) Amendment Act, 2016	Amended Definition	"Child" means a person below 14 years.
	Amended Definition	"Adolescent" means a person aged 14 to 18 years.

Conclusion

The legal distinction between children and juveniles represents a nuanced approach to addressing the needs of young individuals in different contexts. While child-related laws focus on protection, development, and welfare, juvenile justice systems emphasize rehabilitation while holding young offenders accountable in age-appropriate ways. This dual approach ensures that the legal system can effectively address both the protective needs of children and the reformative needs of juveniles who come into conflict with the law. Understanding these distinctions is crucial for ensuring appropriate legal responses and promoting the best interests of young individuals in all circumstances.