Definition
Person below 18 years.
Minor under law entitled to special protection.
Statutory Definition
Juvenile Justice Act and POCSO.
Etymology & Origin
From Old English 'cild' (child, infant, newly born person), of Germanic origin. The word has been used in English law since the medieval period to describe a person under the age of majority. In Indian law, 'child' is given multiple statutory definitions depending on the statute — the age of protection varies by context, though 18 years has become the dominant standard following the UN Convention on the Rights of the Child, ratified by India in 1992.
Full Legal Analysis
In Indian law, a 'child' is generally defined as a person who has not completed eighteen years of age. However, the precise legal meaning of 'child' varies by statute — the age threshold, the rights conferred, and the protections afforded differ depending on whether the context is criminal prosecution, child marriage prevention, sexual offences protection, labour rights, or custody and guardianship. Understanding which statutory definition applies in a given case is essential before any legal analysis.
The 18-year standard emerged from international law — particularly the United Nations Convention on the Rights of the Child, 1989, which India ratified in 1992. Before this, Indian statutes used different age thresholds: the Indian Majority Act, 1875 fixes majority at 18 years generally but at 21 years where a guardian has been appointed by a court. The Juvenile Justice Act, 2015 and the POCSO Act, 2012 both use 18 years as the defining threshold, aligning India's child protection framework with international standards.
When a child commits an offence, the Juvenile Justice Act, 2015 governs the proceedings rather than the ordinary criminal law. Children are tried before Juvenile Justice Boards, not criminal courts. The emphasis is on rehabilitation and reintegration, not punishment. Only in respect of heinous offences (carrying minimum 7 years imprisonment), a JJ Board may, after assessment, direct that a child aged 16–18 years be tried as an adult in a Children's Court.
The Supreme Court directed amendments to criminal procedure to make courts more child-friendly in sexual offence cases, including use of screens, video-conferencing, and in-camera proceedings for child witnesses. The Court recognised that the trauma of court appearance itself causes secondary victimisation of child victims and directed that existing procedural rules be interpreted to prevent it wherever possible.
The determination of a child's age in criminal proceedings has been a significant area of litigation. Where an accused claims to be a child at the time of the offence, the JJ Act requires a strict evidentiary inquiry — birth certificate, school records, and ossification test if necessary — and mandates that benefit of doubt on age goes to the accused. The age determination is as of the date of the alleged offence, not the date of apprehension or trial.
Advocates representing children in any proceeding — as accused, victim, or witness — must be familiar with the entire child-protective statutory framework. The JJ Act, POCSO Act, Child Labour (Prohibition and Regulation) Act, and Child Marriage Prohibition Act collectively constitute a specialised body of law that overrides the general criminal and civil procedural rules wherever they conflict.
This Term in Indian Statutes
Juvenile Justice (Care and Protection of Children) Act, 2015, 2015
"'Child' means a person who has not completed eighteen years of age."
Primary modern definition — governs juvenile justice proceedings and child protection matters
Protection of Children from Sexual Offences Act, 2012, 2012
"'Child' means any person below the age of eighteen years."
Definition for POCSO — any person under 18 is entitled to the full protection of the Act as victim or witness
