Juvenile Cyber Delinquency

7/23/2019 Juvenile Cyber Delinquency

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Juvenile Cyber Delinquency – Evaluation of legal implications

Harshal Morwale,

3rd year Law Student,

S.N.G. Law College, Akola

Abstract: This paper looks into legal implications of juvenile cyber delinquency. Teenagers

today are quick learners of computer technology and juvenile cyber delinquency is an

increasing problem. This paper evaluates theoretical aspects of juvenile cyber offences. This

paper draws upon a darker side of cyber world – Cyber Suicide. Paper concentrates more on

cyber suicides abetted by juveniles and cyber suicides committed by juveniles. Aspects

explored are then compared with the theory of functional equivalence. This paper also gives

some suggestions to control this alarming rate of juvenile cyber delinquency.

I. Introduction

Everyone knows that kids generally take to computers more quickly and easily than

their elders. Today's children grow up with access to computers - and not just

standalone computers but computers that are networked to the rest of the world

through the Internet. Many of them love to explore and experiment, as children have

always done; that's an important element in learning.1 Kids have that curiosity which

acts as their driving force. But sometimes, their curiosity in exploring cyber space

without proper guidance can make them juvenile cyber delinquents.

A. What is cyber delinquency?

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

Internet. The word delinquency is used with a reference to juvenile justice law.

The criminal justice system, not just in India but in entire world has faced the

dilemma of what to do when the offenders are minors. In India, a separate

juvenile justice system exists with its own courts and rehabilitation facilities as

juveniles cannot be jailed. When a juvenile commits a crime, it is not called a

crime it is called delinquent conduct. This explains why we can’t refer cyber

offences committed by juveniles as cyber crime but cyber delinquency.

1 Deb Shinder, 'Juvenile cyber-delinquency: Laws that are turning kids into criminals' (TechRepublic, February

6, 2012) <http://www.techrepublic.com/blog/it-security/juvenile-cyber-delinquency-laws-that-are-turning-kids-

into-criminals/> [Cyber-delinquency]



B. Juvenile Cyber Delinquency

There are several types of cyber offences committed by juveniles, which

include cyber theft, digital piracy, cyber bullying, cyber suicide, etc. Some of

these offences are petty but sometimes the offences are very serious which can

result in great financial losses, spoil that juvenile’s future and even hurt the

state’s interest. This paper mainly evaluates factors leading these juveniles to

commit such delinquent acts and presents a conclusion with some suggestions.

II. Theoretical evaluation of Cyber related offences by Juveniles

In last decade, computers have created a great new world around teenagers. They can

use it for many purposes spanning from entertainment to studies, travel to food

everything is easily accessible with the help of computer and internet. With rise of

utility of computer, computer crimes have become an increasingly popular alternative

to traditional crimes committed by juveniles. But the motivation for committing such

crimes may not be significantly different from traditional delinquency. Furthermore,

on computers juveniles are able to commit crimes that are disproportionately serious

to their age.2

A. Juvenile offence as a cost benefit analysis

According to rational choice theory designed by Cornish and Clarke, an

offender first weighs the benefits of the crime against the punishment (if

caught), and then decides to commit a particular offense. Unlike adults, who

are ultimately responsible for their own actions, juveniles are drawn in many

directions. Some juvenile crimes are based on impulse, others are

premeditated. 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. They fail to believe that computer crimes are

actually crimes. For example Digital Piracy- sharing and/or downloading of

software and digital music and movies without the permission of the copyright

holder. Kids don’t consider there’s something wrong with stealing songs from

the internet. Traditionally, the crime of theft involved "unlawfully

appropriately property without the effect consent of the owner, with the intent

to deprive the owner of the use of the property." When you download a copy

2 Edward Girard, Juvenile Cybercrime: Theoretical and Legal Implications. in Barbara Sims and Pamela Preston

(eds), Handbook of Juvenile Justice- Theory and Practice (Taylor and Francis, New York 2006) [Handbook]



of a song, you don't deprive the owner of the use of that song, as you do when

you steal a tangible item.3

B. Influence of peers

Juvenile delinquency can be caused by a combination of family, peer, and

community influence. Association with like-minded individuals is not

restricted to close contacts but also occurs through online association via

internet. They meet on forums or on social networking and then they learn to

manipulate a computer to their benefit through experience with other people of

their age who do the same.4

III. Cyber Suicide and Juveniles

Suicide is among the top three causes of death among youth worldwide. The emerging

phenomenon of cyber-suicide in the internet era is a further cause for concern; also

because the use of new methods of suicide are associated with epidemic increases in

overall suicide rates.5 Cyber suicide is an increasing problem among the teenagers

across the world including India.

A. What is cyber suicide?

Cyber suicide is a slang term used to describe a suicide or suicide attempt thathas been influenced by Web sites on the Internet. Cyber suicide is usually

denoted by a public showing of the suicide or suicide attempt when the victim

uses a Webcam to record the suicide attempt or provides a detailed discussion

of their own suicide plans on public suicide-oriented Web sites and forums.6

B. Juvenile Cyber Suicides

Cyber suicide is one of the major threats that can be possible in this virtual

world. Trusting someone in cyber world is one of the major issues that the

new generation is taking into the trend without realizing the consequences

after that. It is really very sad to say that how easily people trust in with the

virtual world person without knowing the exact identity and acting on behalf

of it. It’s just like considering someone so close and emotionally attached so

3 Cyber-delinquency, supra note 1

4 Handbook, supra note 3

5 R Radhakrishnan and C Andrade, 'Suicide: An Indian perspective' [2012] 54(4) Indian Journal of Psychiatry

<http://dx.doi.org/10.4103/0019-5545.104793> accessed 23 August 20156 Webopedia, '' (What is cybersuicide? A Webopedia Definition, )

<http://www.webopedia.com/TERM/C/cybersuicide.html> accessed 23 August 2015



that they don’t even consider their life for that. They even forget their real life

and the persons related to them such as their parents or relative and trusting on

the users who are anonymous or partially known.7 Juveniles are sometimes

encouraged to commit cyber suicide on forums and social networking,

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

Throughout the last decade there have been more tragic examples of this kind,

such as those in India (2004 and 2008), Britain (2007), and Florida (2008).

This excludes the numerous online suicide cases without any use of web-

cameras, as well as those “offline” cases where the mobile camera devices (as

in cell phones) were used without any Internet assistance.8

C. Necessity of prevention law for cyber suicide involving minors

In India, attempt to commit suicide and abetting suicide both are criminal

offences. According to Sec. 309 of Indian Penal Code, Whoever attempts to

commit suicide and does any act towards the commission of such offence shall

be punished with simple imprisonment for a term which may extend to one

year. (Or with fine, or with both).9 The situation is different when the person

attempting or threatening suicide is a minor. Juveniles are legally incapable of

making an informed decision to end their lives. Law enforcements wants to

help these juveniles but lack of legislation which comes in the way. Now there

are two options either there needs to be cyber suicide prevention law

especially for minors or we can use functional equivalence approach.

1. Considering the option that we need new cyber-suicide prevention and

investigation law, here’s some draft language from the blog post by Dr. Frank

Kardasz-

Electronic Communications Emergency Exception Regarding Threatened

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 electronic communications

service providers (also known as Internet service providers). The electronic

communications service providers will provide subscriber information about

7 Animesh Kumar, 'Cyber Suicide: The Darker Side of Cyberspace' (Animesh Kumar, February 26, 2014)

<http://animeshkumarr.blogspot.in/2014/02/cyber-suicide-darker-side-of-cyberspace.html> accessed 23 August

20158 Stamenkovic, Marko. 2012. “In Full View: Cybersuicide, Hypervisual Self and Public Showcase of Death (for

Real).” Ed. Mimo Drašković. Medijski Dijalozi 5 (12): 73– 1019 Indian Penal Code, 1860 Sec. 309



the person threatening suicide when law enforcement states that there is

reasonable suspicion to believe that the suicidal person is a minor. Internet

service providers and electronics communications providers doing business in

(name your jurisdiction) are required to comply.10

2. But how to try a juvenile who attempts to commit or abets cyber-

suicide? That’s where approach of functional equivalence comes in and its

relevance to Indian Penal Code and other substantial and procedural laws. In

India if a juvenile attempts to commit cyber suicide, section 15 of Juvenile

Justice (Care and Protection of Children) Act, 2000 is competent enough to

give him appropriate punishment. But what if a juvenile abets a cyber suicide?

This part is further discussed with reference to functional equivalence andIndian Penal Code.

D. Functional Equivalence - Juvenile Cyber Offences and Indian Penal Code

If any person commits suicide, whoever abets the commission of such suicide,

shall be punished with imprisonment of either description for a term which

may extend to ten years, and shall also be liable to fine.11 Now if someone

abets to commit a cyber suicide, according to theory of functional equivalence

they are tried under section 306 of Indian Penal Code. But if the person

abetting cyber suicide is a minor, then under present Juvenile Justice System

that person gets away with a mild reprimand. But with Juvenile Justice (Care

and Protection of Children) Bill, 2014 around the corner, we can hope if the

juveniles are culpable of committing such acts and understand its

consequences then they can be transferred to regular criminal justice system

and tried like a regular criminal. Although, still it’s not guaranteed because the

bill does not include specifications for section 306 at the moment, but similar

reforms are expected in near future.

10 Frank Kardasz, 'Cyber-assisted suicide prevention law is needed' (Dr Frank Kardasz (EdD), November 22,

2008) <http://kardasz.blogspot.in/2008/11/cyber-assisted-suicide-prevention-law.html> accessed 23 August

201511

Indian Penal Code 1860 Sec.306



IV. Suggestions to control alarming rate of Juvenile Cyber Delinquency

Juvenile cyber crime is increasing at an alarming rate and is threat for development of

upcoming generation. There was a poll on tech republic blog on – How should we deal with

juvenile cybercrime issues?12 Results are presented below.

Below chart presents results in pie chart format-

A. Widespread Education

Education can be an effective way to create an environment of zero tolerance

towards cyber bullying and other cyber delinquent acts. Young people

especially juveniles need to be taught the legal and ethical rules of the internet,

as well as how to use the internet responsibly. Currently, most children do not

view cybercrime in the same light as crime in the physical world, and they

need to understand that illegal actions online carry real consequences and

cause large scale emotional and financial costs to victims.13

B. Government organized contests targeting teens

The UK and US have also adopted much more specific initiatives to reduce

the instances of youth cybercrime. Targeting teens with highly technical skills,

the two governments created a contest aimed to test the skills of young

hackers and to attract them to the idea of using their skills for positive


13 Andrew Dornbierer, 'High School Cybercriminals Wreaking Havoc' (Freedom From Fear Magazine)

<http://f3magazine.unicri.it/?p=88> accessed 23 August 2015[F3 Magazine]



purposes, rather than becoming cybercriminals. In one of the US challenges,

competitors were required to analyse a hard drive to find evidence to convict

criminals, while in another they had to defend a network from attacks. One

eventual contest winner earned bonus points by breaking into the contest

scoring system and awarding himself 10,000 extra points. The aim of the

programme was to encourage young hackers to consider careers in internet

security, either for the government or private corporations, rather than using

their skills for criminal motivations.14

V. Conclusion

If we brand children as criminals, because of common and relatively normal deviant

behavior, we create a generation in which criminality becomes the norm. Perhaps the

juvenile cybercrime problem will push us to finally re-examine our entire criminal

justice system and how it just grew that way.15 Unless successful and widespread

initiatives are implemented soon, the number of young people willing to commit

online crime will continue to increase just as drastically.16 Also, when we were

evaluating theoretical aspects of juvenile cyber delinquency, we discussed several

theories to find a main cause behind juveniles committing such acts. But not a single

theory could explain juvenile cyber delinquency entirely. Finally we can conclude that

an integrated theory of all discussed theories may be the most appropriate in

explaining cybercrime. Juveniles with strong social bonds have high degree of

commitment to societal norms. Juvenile in this category is part of conventional peer

groups and less probable to commit cyber related offence. On the other hand, the

juveniles with low weak social bonds are more probable to commit cyber delinquency

because of the social isolation and connection to delinquent peers. We should promote

harmony in the family to ensure that child doesn’t become part of delinquent peer

groups. Empty mind is devils workshop. Parent should engage children in

constructive work so that there will be no juvenile delinquency. To quote Bob Fellar,

“ My father kept me busy from dawn to dusk when I was a kid. When I wasn't pitching

hay, hauling corn or running a tractor, I was heaving a baseball into his mitt behind

the barn... If all the parents in the country followed his rule, juvenile delinquency

would be cut in half in a year's time.”

14 Ibid .


16 F3 Magazine, supra note 13

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