Criminal Law
Criminal Law
A PROJECT REPORT ON
SUBMITTED TO SUBMITTED BY
Mr. manoj kumar Devendra dhruw
(FACULTY ) ROLL NO.- 59 ( SEM-X)
(CRIMINAL LAW) BA.LLB (HONS.)
RAIPUR (C.G.)
SUBMITTED ON – 06.04.2018
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Acknowledgments
In preparing this project I took help from many people but it is very difficult to list every
name. First and foremost I would like to express my heartfelt gratitude to Mr. Manoj Kumar
Sir for putting his trust on me, by giving me such a topic and for his unstinted support by helping
me in all possible ways. I hope that I have not disappointed him and have done justice to it.
I also want to express my gratitude to the staff and administration of HNLU and to the
library and IT Lab that was a source of great help for the completion of this project. I would also
like to thank all my seniors who always guided me without their help, it would have been
impossible for me to complete this project.
Devendra Dhruw
Roll No.- 59
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TABLE OF CONTENTS
Acknowledgements........................................................................................................................................02
Research methodology..................................................................................................................................04
• Objectives
• Hypothesis
• Research Questions
• Scope and limitations
• Synopsis
Introduction....................................................................................................................................................07
❖
Chapter – 1 : Basic Assumption of Delinquent Behavior ….……………………..…08
❖
Chapter - 3 : Juvenile Delinquency : Rebellion ………………………...……...…….12
❖
Chapter – 4 : Juvenile Delinquency Prevention………………………………………16
❖
Chapter – 5 : Juvenile Delinquency and Reform……………………………………..19
Conclusion………………............................................................................................................................23
Reference.........................................................................................................................................................24
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Objectives
➢
To discuss the basic assumptions of delinquency
➢
To derive the causes of delinquency
➢
To analyze the delinquency as a rebellion .
➢
To analyze the reform process of delinquents.
Research Methodology
Data type: -. This research is descriptive and analytical in nature. Secondary sources have been
largely used to gather information and data about topic. Other references as guided by Faculty
have been primarily helpful in giving this project a firm structure. Help has also been taken from
web sites, reference books etc.
Footnotes have been provided wherever needed, either to acknowledge the source or to point to a
th
particular provision of law. Uniform Bluebook (19 ed.) citation format has been followed for
footnoting.
This project has been carried out limited on the statics, assumptions and facts of juvenile
delinquency in India.
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Research Questions
This project deals with the topic “Role of ADR in commercial dispute”. With reference to it
following research questions had been framed, which are discussed in this project.
Synopsis
One of the most important issues in crime today is juvenile delinquency. Till 19th century,
children who committed crimes faced about the same punishment as an adult criminals like
public shaming, incarceration and even execution by hanging. Towards end of 19th century,
reformers such as Jane Addams of Chicago worked to develop a new system of justice designed
to protect the abused children from harm and reform trouble making youth.
INTRODUCTION
Delinquent and criminal behavior among young people, as they negotiate the transition from
childhood to adulthood in an increasingly complex and confusing world, is the issue that this
chapter first examines. Some basic assumptions relating to delinquent behaviour are presented,
followed by a description of the various factors underlying or contributing to this phenomenon.
Some regional variations are highlighted. Effective approaches and measures for preventing
juvenile delinquency are detailed, with particular attention given to the development of
educational, professional development and community programmes, improvements in family
relations and parenting skills, and the value of restorative justice for both perpetrators and
victims. The chapter concludes with a summary and recommendations for future action.
For many young people today, traditional patterns guiding the relationships and transitions
between family, school and work are being challenged. Social relations that ensure a smooth
process of socialization are collapsing; lifestyle trajectories are becoming more varied and less
predictable. The restructuring of the labour market, the extension of the maturity gap (the period
of dependence of young adults on the family) and, arguably, the more limited opportunities to
become an independent adult are all changes influencing relationships with family and friends,
educational opportunities and choices, labour market participation, leisure activities and
lifestyles. It is not only developed countries that are facing this situation; in developing countries
as well there are new pressures on young people undergoing the transition from childhood to
independence. Rapid population growth, the unavailability of housing and support services,
poverty, unemployment and underemployment among youth, the decline in the authority of local
communities, overcrowding in poor urban areas, the disintegration of the family, and ineffective
educational systems are some of the pressures young people must deal with.
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CHAPTER- I
BASIC ASSUMPTIONS OF DELIQUENT BEHAVIOUR
1 M.E. Wolfgang, T.P. Thornberry and R.M. Figlio, From Boy to Man, from Delinquency to Crime
(Chicago, University of Chicago Press, 1987).
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CHAPTER – II
CAUSES OF DELEQUENCY
The intensity and severity of juvenile offences are generally determined by the social, economic
and cultural conditions prevailing in a country. There is evidence of a universal increase in
juvenile crime taking place concurrently with economic decline, especially in the poor districts
of large cities. In many cases street children later become young offenders, having already
encountered violence in their immediate social environment as either witnesses or victims of
violent acts. The educational attainments of this group are rather low as a rule, basic social
experience acquired in the family is too often insufficient, and the socio-economic environment
is determined by poverty and under- or unemployment.9 The causes of and conditions for
juvenile crime are usually found at each level of the social structure, including society as a
whole, social institutions, social groups and organizations, and interpersonal relations. Juveniles’
choice of delinquent careers and the consequent perpetuation of delinquency are fostered by a
wide range of factors, the most important of which are described below.
• Economic factor
• Cultural Factors
Delinquent behaviour often occurs in social settings in which the norms for acceptable behaviour
have broken down. Under such circumstances many of the common rules that deter people from
committing socially unacceptable acts may lose their relevance for some members of society.
They respond to the traumatizing and destructive changes in the social reality by engaging in
rebellious, deviant or even criminal activities. An example of such a setting would be the
modernization of traditional societies and the accompanying changes wrought by the application
of new technologies; shifts of this magnitude affect the types and organization of labour
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activity, social characteristics, lifestyles and living arrangements, and these changes, in turn,
affect authority structures, forms of obedience, and modes of political participation— even going
so far as to influence perceptions of reality.
• Urbanization
Geographical analysis suggests that countries with more urbanized populations have higher
registered crime rates than do those with strong rural lifestyles and communities. This may be
attributable to the differences in social control and social cohesion. Rural groupings rely mainly
on family and community control as a means of dealing with antisocial behaviour and exhibit
markedly lower crime rates. Urban industrialized societies tend to resort to formal legal and
judicial measures, an impersonal approach that appears to be linked to higher crime rates.
Cultural and institutional differences are such that responses to the same offence may vary
widely from one country to another.
• Migration
Because immigrants often exist in the margins of society and the economy and have little chance
of success in the framework of the existing legal order, they often seek comfort in their own
environment and culture. Differences in norms and values and the varying degrees of
acceptability of some acts in different ethnic subcultures result in cultural conflicts, which are
one of the main sources of criminal behaviour. Native urban populations tend to perceive
2
immigrants as obvious deviants
2 Woolard; Scott (2009). "The legal regulation of adolescence". In Lerner, R.; Steinberg, L. Handbook of
Adolescent psychology 2 (3rd ed.). New York: Wiley. pp. 345–371
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Peer-Influence
Youth policies seldom reflect an understanding of the role of the peer group as an institution of
socialization. Membership in a delinquent gang, like membership in any other natural grouping,
can be part of the process of becoming an adult. Through such primary associations, an
individual acquires a sense of safety and security, develops a knowledge of social interaction,
and can demonstrate such qualities as loyalty or leadership. In “adult” society, factors such as
social status, private welfare, race and ethnicity are of great value; however, all members of
adolescent groups are essentially in an equal position and have similar opportunities for
advancement in the hierarchical structure. In these groups well-being depends wholly on
personal qualities such as strength, will and discipline. Quite often delinquent groups can
counterbalance or compensate for the imperfections of family and school. A number of studies
have shown that juvenile gang members consider their group a family. For adolescents
constantly facing violence, belonging to a gang can provide protection within the neighbourhood.
In some areas those who are not involved in gangs continually face the threat of assault,
oppression, harassment or extortion on the street or at school. As one juvenile from the Russian
Federation said, “I became involved in a gang when I was in the eighth form [about 13 years
old], but I joined it only when I was in the tenth [at 15 years of age]. I had a girlfriend and I
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feared for her, and the gang was able to provide for her safety.”
Delinquent Identities
In identifying the causes of criminal behaviour, it is important to determine which factors
contribute to a delinquent identity and why some adolescents who adopt a delinquent image do
not discard that image in the process of becoming an adult. Delinquent identity is quite complex
and is, in fact, an overlay of several identities linked to delinquency itself and to a person’s
ethnicity, race, class and gender. Delinquent identity is always constructed as an alternative to
the conventional identity of the larger society. Violence and conflict are necessary elements in
the construction of group and delinquent identities. The foundations of group identity and
activity are established and strengthened through the maintenance of conflict relations with other
juvenile groups and society as a whole. Violence serves the function of integrating members into
a group, reinforcing their sense of identity, and thereby hastening the process of group adaptation
to the local environment.
CHAPTER- III
Rebel Without a Cause suggest, the movie was publicized worldwide as a movie about troubled
youth. In fact 'Rebel' was also aimed at an older generation of filmgoers and far from being a
gritty expose of American teenage culture was actually an upmarket studio 'prestige' production
which shrewdly aimed to take advantage of the publicity surrounding the new acting sensation,
James Dean. Dean's previous movie, East of Eden, had won the actor critical and popular
acclaim. The fact that Dean was killed just before the movie was released only increased the
public interest in his portrayal of a troubled teenager. Originally, Rebel Without a Cause was
intended to be just another Warner Bros B-movie, shot in black and white in standard format.
But the wave of publicity surrounding Dean and the emergence of youth culture as a a political
and public issue meant that Warner Bros shrewdly decided to move the film upmarket even as it
was being shot. Filming began again in colour, using the more expensive Cinemascope
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widescreen format.
Many of the claims about Rebel as innovatory are nonsense. It was not the first movie about
troubled teens, nor was it the first to examine teenager-parent clashes. These had been movie
staples since at least the 1930s. Seven years earlier Knock On Any Door and City Across the
River had examined the phenomenon of teenage crime and violence within the context of the
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big-city working class environment. Knock On Any Door was directed by Nicholas Ray, and it
argued that the roots of juvenile crime lay in the deprived slum environments in which many
youths lived. Even Rock Around the Clock and Don't Knock the Rock relied heavily on the
youth versus older generation theme. Nor was it new in depicting teenage violence and bravado
in the form of fights and car races - these were features of the cheap 'teenager' movies of the
4 Raine, A. (1993). The Psychopathology of Crime: Criminal Behavior as a Clinical Disorder. San Diego,
California: Academic Press.
5 M.E. Wolfgang, T.P. Thornberry and R.M. Figlio, From Boy to Man, from Delinquency to Crime
(Chicago, University of Chicago Press, 1987).
13
early and mid-1950s, more sensationalised but often more vigorously and concisely presented
6
than in Rebel.
report examines the relationship between status origins and delinquency using an expanded range
of status origin indicators together with both self-report and official measures of delinquency.
Data were drawn from an ongoing investigation of adolescents in the Pacific Northwest. It was
found that with few exceptions all four measures of status origins offer extremely low predictive
utility vis-à-visdelinquent involvement. It is suggested that future efforts be directed at
unraveling other more fruitful indicators of delinquency and, most especially, at examining the
structure, process, and implications of differential status allocation within the educational arena.
6 Woolard; Scott (2009). "The legal regulation of adolescence". In Lerner, R.; Steinberg, L. Handbook of
Adolescent psychology 2 (3rd ed.). New York: Wiley. pp. 345–371
14
Juvenile criminals between 16 and 18 years accounted for more than 60% of the crimes
registered against minors in India last year, recently released figures of the National Crime
Records Bureau (NCRB) have revealed. Of the 43,506 crimes registered against minors under
the Indian Penal Code (IPC) and the Special Local Law (SLL) by juveniles, 28,830 had been
committed by those between the ages of 16 to 18.
In Maharashtra the number is more alarming. Of the 8,012 cases against juveniles last year,
5,594 were committed by minors over 16. The statistics also show the number of juveniles found
to be in conflict with law under the IPC and the SLL has risen 13.6% and 2.5% respectively in
2013, as compared with 2012. The Union cabinet had, last week, approved an amendment to the
Juvenile Justice (Care and Protection of Children) Act, 2000, to treat minors older than 16 years
as adults, if charged with serious crimes such as rape.
Currently, if the accused are found to be under 18 years of age, they are tried by the Juvenile
Justice Board and, if convicted, is sent to a juvenile home for three years. An adult convicted of
rape faces life term, and death sentence in case of repeat offence.
According to sources in the police, increasing number of juveniles are found to be involved in
serious crimes. According to NCRB statistics in 2013, the rise in crimes against women
committed by juveniles was highest in cases where the modesty of a woman was outraged
(132.3%) followed by word, gesture or act intended to insult the modesty of a woman (70.5%)
and rape (60.3%).
“There are several factors for the rise in crime by juveniles. As Prime Minister Narendra
Modi rightly pointed out in his speech on Independence Day, there is a need for parents to
take account of their children,” said eminent lawyer Majeed Memon.
7 Hindustan Times, Mumbai Updated: Aug 17, 2014 10:10 IST [acc. 17/02/14 at 13:00]
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The ongoing debate about the age of juveniles between 16 and 18 years first began after the 2012
Delhi gang-rape case in New Delhi, in which one of the main accused was a juvenile. While the
others accused in the case were given death, the minor accused was sent to a remand home for
three years. Similarly in the August 2013 Shakti Mill case in the city, in which a 22-year old
photojournalist was raped, by four adults and a juvenile — the juvenile got just three years at a
children’s correction home at Nashik.
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CHAPTER – IV
Juvenile Delinquency Prevention
The most effective way to prevent juvenile delinquency has indisputably been to assist children
and their families early on. Numerous state programs attempt early intervention, and federal
funding for community initiatives has allowed independent groups to tackle the problem in new
ways. The most effective programs share the following key components:
Education
Model programs have assisted families and children by providing them with information. Some
programs inform parents on how to raise healthy children; some teach children about the effects
of drugs, gangs, sex, and weapons; and others aim to express to youth the innate worth they and
all others have. All of these programs provide youths with the awareness that their actions have
consequences. This is particularly important in an era where youth are barraged with sexual and
violent images. Educational programs have the underlying intent of encouraging hope and
opening up opportunities for young people.
Recreation
One of the immediate benefits of recreational activities is that they fill unsupervised after-school
hours. The Department of Education has reported that youths are most likely to commit crimes
between 2 p.m. and 8 p.m., with crime rates peaking at 3 p.m. Recreation programs allow youths
to connect with other adults and children in the community. Such positive friendships may assist
children in later years. Youth programs are designed to fit the personalities and skills of different
children and may include sports, dancing, music, rock climbing, drama, karate, bowling, art, and
other activities.
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Community Involvement
Girl scouts, boy scouts, church youth groups, and volunteer groups all involve youth within a
community. Involvement in community groups provide youth with an opportunity to interact in a
safe social environment.
Juvenile Delinquency and the problems related to it have been faced by all societies,
all over the world, however, in the developing world the problems are all the more formidable.
The process of development has brought in its wake a socio-cultural upheaval affecting the age-
old traditional ways of life in the congenial rural milieu. In fact, various scientific advances and
concomitant industrialization and urbanization have ushered in a new era, which is characterized
by catastrophic changes and mounting problems. Cities have sprung up with heterogeneity of
population, cultural variations, occupational differentiations and overcrowded conditions. As a
result, social disorganization and maladjustment have taken place following a perennial influx of
people from their rural habitat to the urban squalid slums. Juveniles are adversely affected by
these changing conditions. At the same time, the traditional social control system that served as a
preventive check against any antisocial activity is gradually giving way. Consequently, the
problem of juvenile deviance and antisocial propensities is rearing its ugly head – a situation that
needs to be checked.
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CHAPTER – V
Violence against children endangers their fundamental human rights. It is therefore imperative to
convince individuals and institutions to commit the time, money, expertise and other resources
needed to address this global problem. number of United Nations instruments reflect a preference
for social rather than judicial approaches to controlling juvenile delinquency. The Riyadh
Guidelines assert that the prevention of juvenile delinquency is an essential part of overall crime
prevention in society, and the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (the Beijing Rules) recommend instituting positive measures to strengthen a
juvenile’s overall well-being and reduce the need for State intervention. It is widely believed that
early-phase intervention represents the best approach to preventing juvenile delinquency.
Prevention requires individual, group and organizational efforts aimed at keeping adolescents
from breaking the law. Various countries use different methods to discourage delinquent and
criminal behaviour. Some focus on punitive prevention intended to frighten potential offenders
by making sure they understand the possibility of severe punishment, or action may be taken to
prevent recurrent crime, which includes explaining the negative aspects of an offence to a
8
delinquent and attempting to reconcile offenders and their victims.
Juvenile Delinquency World YOUTH Report, 2003 201 Early preventive work is being carried
out in several areas. Some of the most promising approaches, programmes and initiatives are
described in some detail below. Within the economic sector, professional development
programmes are being set up to provide legal alternatives for income generation. Supplying
adolescents and young people with increased economic opportunities, professional training and
education, new workplaces and assistance in organizing businesses can help prevent youth
involvement in delinquent activities. Educational programmes are helping young people learn
how to engage in positive self-appraisal, deal with conflict, and control aggression. The
programmes debunk the myth of gang glamour and help young people find alternatives to illegal
8 Joel Samaha (briefed by) (June 9, 2001). "Garnett v. State". Department of Sociology at the University of
Minnesota. Retrieved September 14, 2011
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behaviour. Some work with troubled youth to help them develop the social and cognitive skills
necessary to avoid conflict and control aggression. Children raised in strong families, quality
schools and healthy communities typically develop these skills as a matter of course. In the
United States law-enforcement agencies, schools, local communities and parents of adolescents
are involved in these programmes. Recreation and youth development activities are directly
encouraged in the Riyadh Guidelines: “A wide range of recreational facilities and services of
particular interest to young persons should be established and made easily accessible to them”. In
a number of towns in the United States the establishment of basketball programmes for
adolescents led to a 60 per cent decrease in crime rates. Researchers at Columbia University in
New York City found that having a Boys’ or Girls’ Club in a public housing project reduced the
level of crime by an average of 13 per cent. In Stevenage, a town in the United Kingdom where a
large youth centre and playground were built and several youth clubs organized, young people
have largely avoided delinquent activities. Often it is possible to reduce the level of juvenile
delinquency by changing an urban environment, altering the physical features through
architectural and landscape planning and providing opportunities to engage young people’s
interest. A research study conducted in a town in the United States revealed that most of the
activities of juvenile delinquent groups were concentrated around the town’s only park. The
layout of the park was redesigned to create many more leisure and recreational alternatives for
juveniles and their parents. The number of positive afternoon activities held in schools and parks
was also increased. All of these measures led to a considerable reduction in juvenile
delinquency; in the United States juvenile crime, including violent offences, peaks at around 3
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p.m., generally right after school lets out.
9 http://www.kaplegal.com/statutes/index.html
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The current situation with regard to juvenile crime and delinquency can be characterized by the
following basic facts and trends:
• There has been an observed increase in violent and aggravated crimes among youth.
• The number of drug-related crimes is growing.
• The process of globalization and the greater mobility of large population groups have led
to an increase in criminal activity associated with intolerance towards members of other
cultures.
• The difficulties encountered by immigrants and their descendents in certain countries are
sometimes related to the high levels of group crime deriving from the activities of
ethnically based delinquent groups.
• In many cases juvenile crimes are linked to less obvious sources of motivation; various
actions may reflect, for example, the standards of particular subcultures, teachings or
traditions deriving from religious radicalism, or the compulsion to use of violence as a
means of contructing gender identity. Quite often, aggressive and criminal behavior is
positively portrayed in the media, creating a confused picture of acceptable societal
norms within some youth subcultures.
• Quite often, aggressive and criminal behaviour is positively portrayed in the media,
creating a confused picture of acceptable societal norms within some youth subcultues.
• Children and adolescents in difficult circumstances constitute ready reserves for
organized crime, participation in armed conflicts, human and drug trafficking, and sexual
exploitation.
• The disintegration of families, poverty, and the death of parents in armed conflict or from
HIV/AIDS has led to the forced independence of many young people around the world.
Quite often, however, the situation is far more serious. Poverty, social exclusion and
unemployment often cause marginalization, and young people who are marginalized are more
susceptible to developing and maintaining delinquent behaviour. Furthermore, young people are
more likely to become victims of crimes committed by juvenile delinquents. Delinquency is
largely a group phenomenon; it is frequently engaged in by certain subcultures of young people
who have jointly assumed a particular identity. It is also primarily a male phenomenon, with
crime rates for male juvenile and young adult offenders more than double those for females.
Some criminal activities are associated with intolerance of members of other cultures or
religious, racial or ethnic groups. If delinquency policies are to be truly effective, higher priority
must be given to marginalized, vulnerable and disadvantaged young people in society, and issues
relating to youth in conflict with the law should be a central focus of national youth policies. The
administration of juvenile justice should be decentralized in order to encourage local authorities
to become actively involved in preventing youth crime and reintegrating young offenders into
10
society through support projects, with the ultimate aim of fostering responsible citizenship.
CONCLUSION
Juvenile delinquency covers a multitude of different violations of legal and social norms, ranging
from minor offences to serious crimes committed by young people. Some types of juvenile
delinquency constitute part of the process of maturation and growth and disappear spontaneously
as young people make the transition to adulthood. Many socially responsible adults committed
various types of petty offences during their adolescence. Quite often, however, the situation is far
more serious. Poverty, social exclusion and unemployment often cause marginalization, and
young people who are marginalized are more susceptible to developing and maintaining
delinquent behaviour. Furthermore, young people are more likely to become victims of crimes
committed by juvenile delinquents. Delinquency is largely a group phenomenon; it is frequently
engaged in by certain subcultures of young people who have jointly assumed a particular
identity. It is also primarily a male phenomenon, with crime rates for male juvenile and young
adult offenders more than double those for females. Some criminal activities are associated with
intolerance of members of other cultures or religious, racial or ethnic groups. If delinquency
policies are to be truly effective, higher priority must be given to marginalized, vulnerable and
disadvantaged young people in society, and issues relating to youth in conflict with the law
should be a central focus of national youth policies. The administration of juvenile justice should
be decentralized in order to encourage local authorities to become actively involved in
preventing youth crime and reintegrating young offenders into society through support projects,
with the ultimate aim of fostering responsible citizenship.
24
REFERENCES
• Joel Samaha (briefed by) (June 9, 2001). "Garnett v. State". Department of Sociology
at the University of Minnesota. Retrieved September 14, 2011.
• Raine, A. (1993). The Psychopathology of Crime: Criminal Behavior as a Clinical
Disorder. San Diego, California: Academic Press.
• Brown, S (1998) Understanding Youth and Crime (Listening to youth?),
Buckingham: Open University Press.
• Woolard; Scott (2009). "The legal regulation of adolescence". In Lerner, R.; Steinberg,
L. Handbook of Adolescent psychology 2 (3rd ed.). New York: Wiley. pp. 345–371.
• Hindustan Times, Mumbai
• From Boy to Man, from Delinquency to Crime, M.E. Wolfgang, T.P. Thornberry
and R.M. Figlio, From Boy to Man, from Delinquency to Crime
• American Psychological Association, “Violence and youth: psychology’s response”
WEBSITES
• http://www.kaplegal.com/statutes/index.html
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• www.google.com
• www.lawyershop.com
• www.lex-warrier.in
• www.medind.nic.in
• www.studentpulse.com