Published Online:July 2025
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:IUPLR030725
DOI:10.71329/IUPLR/2025.15.3.35-48
Author Name:Sanket Girish Joshi and Jyoti Bhakare
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:35-48
This paper offers an exploration of the intersection between mental health, adolescent neurodevelopment and the evolving understanding of legal accountability within the framework of India’s Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). It emphasizes that adolescents often lack the consistent cognitive control, impulse inhibition and working memory necessary to engage in rational, deliberate and morally informed actions. This is largely due to the structural and functional immaturity of brain regions such as the prefrontal cortex, which continues to develop well into early adulthood. These findings support treating juveniles differently under the law. The paper further delves into the neurodevelopmental processes such as synaptic pruning, myelination and dopamine regulation that directly influence how adolescents make decisions, respond to emotional stimuli and engage in risk-taking behavior. A key concern is the intersection and occasional conflict between the rehabilitative philosophy of the JJ Act and the more punitive, strict liability nature of the POCSO Act.
Legal systems globally recognize juveniles as developmentally different from adults, often setting the legal threshold at 18 years of age. Traditionally, this distinction has been based on intuitive understanding and behavioral observations. However, psychology has provided empirical evidence that juveniles have a limited, and inconsistent capacity for responsible behavior. More recently, neuroscience, particularly through non-invasive neuroimaging, has confirmed that the juvenile brain is biologically immature, especially in areas related to decision-making and impulse control.