legal implications of juvenile cyber delinquency

Hi, my name is Harshal Morwale

and I’m a 3rd year Law Student.

TOPIC LEGAL IMPLICATIONS OF

JUVENILE CYBER DELINQUENCY

Basically it is a criminal activity carried out by means of computers or the Internet.

The word delinquency is used with a reference to juvenile justice law. When a juvenile commits a crime, it is not called a crime it is called delinquent conduct.

Juvenile Cyber Delinquency is cyber crime committed by juveniles, which includes cyber theft, digital piracy, cyber bullying, cyber suicide, etc.

What is Juvenile cyber delinquency?

Why do Juveniles commit such cyber related offences?

According to rational choice theory an offender first weighs the benefits of the crime against the punishment and then decides to commit a particular offence.

But some juvenile crimes are based on pure impulse, juveniles committing cyber related offences may not even consider the pros and cons, and may act on impulse, failing to realize how wrong their decision could be.

Juvenile delinquency can be also caused by a combination of family, peer, and community influence.

Cyber Suicide and Juveniles SUICIDE IS AMONG THE TOP THREE CAUSES OF DEATH AMONG YOUTH WORLDWIDE. CYBER SUICIDE IS AN INCREASING PROBLEM AMONG THE TEENAGERS ACROSS THE WORLD INCLUDING INDIA.

What is cyber suicide?

Cyber suicide is a term used to describe a suicide or suicide attempt that has been influenced by Web sites on the Internet.

Juvenile Cyber Suicides

Juveniles are sometimes encouraged to commit cyber suicide on forums and social networking.

Sometimes juveniles are the ones encouraging others to commit cyber suicide.

Need of new law to prevent cyber suicides involving minor?

In India, at present there is no specific law to deal with cyber suicide involving minor.

There are two options -1. There needs to be cyber suicide prevention

law especially for minors Or

2. We can use functional equivalence approach.

Proposed draft for new cyber suicide prevention law

proposed by Dr. Frank Kardasz

Suicide Involving Minors If, while using electronic communications a person identifying himself as a minor threatens suicide, law enforcement may request subscriber information about the person from internet service provider. Internet service providers doing business in the jurisdiction are required to comply.

Functional Equivalence - Juvenile Cyber Offences and Indian Penal Code

At present in India there is no specific law to deal with cyber suicide so courts may use theory of functional equivalence to use sec. 306 of IPC to punish abettor of cyber suicide.

But if the person abetting cyber suicide is a minor, then he can be sentenced to undergo minor punishments provided under Juvenile Justice Act.

Suggestions to control alarming rate of Juvenile Cyber Delinquency

Widespread Education Government organized contests

targeting teenagers

Conclusion

Juvenile cyber delinquency can only be explained by integrated theory of criminology.

Juvenile with strong social bonds and part of conventional peer groups are less probable to commit cyber related offences.

On the other hand, the juveniles with weak social bonds are more probable to commit cyber delinquency because of the social isolation and connection to delinquent peers.

Conclusion

We should not brand children as criminals for their relatively minor deviant behavior. If we do so, we will create generation where criminality will become the norm.

We need widespread educational initiatives to reduce drastically increasing juvenile cyber crimes.

It is easier to build strong children than to repair broken men.Fredrick Douglass

Thank you Harshal Morwale