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Should India lower the age of Criminal Responsibility?

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India’s Minimum Age of Criminal Responsibility (MACR) remains a subject of intense debate. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, the MACR is as low as 7 years, with punishability beginning at 12 years under Section 83 of the IPC. The law also allows 16–18-year-olds accused of heinous crimes to be tried as adults after a Juvenile Justice Board assessment.

Child rights experts argue this threshold is misaligned with international norms. The UN Committee on the Rights of the Child recommends an MACR of at least 14 years, backed by neuroscience showing that moral decision-making and impulse control mature well into adolescence.

However, recent cases - ike the Delhi High Court highlighting minors being used in drug and arms trafficking - are prompting renewed demands for lowering the juvenile threshold in serious contexts. Meanwhile, Maharashtra is considering reducing the juvenile age to 16 specifically for drug-related offences.

Reconciling public safety with rehabilitation, child development, and rights remains the core challenge. India must deliberate carefully before reshaping its juvenile justice system.

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