Act Relating to Children 2075 — Child Rights and Juvenile Justice
Exam Snapshot
The Act Relating to Children, 2075 (2018) is the primary legislation governing child rights and juvenile justice in Nepal. It raised the child age limit to 18 years, introduced progressive diversion mechanisms, and established child correction homes to transition away from punitive adult criminal systems.
Core Concept
- Definition of Child: Section 2(t) defines a child as any person who has not completed 18 years of age.
- Criminal Responsibility Thresholds (Section 35):
- Under 10 years: Absolute immunity; no criminal liability or punishment.
- 10 to 12 years: Sub-divided liability; limited to warning, counsel, or correction home placement.
- 12 to 14 years: Fine or maximum 6 months of imprisonment in a Child Correction Home.
- 14 to 16 years: Subject to half (50%) of the punishment applicable to an adult.
- 16 to 18 years: Subject to two-thirds (66.6%) of the punishment applicable to an adult.
- Juvenile Bench (Section 30): Formed in every District Court, consisting of a District Judge, a child specialist, and a social worker to adjudicate children in conflict with the law.
- Diversion (Section 36): A reformative process allowing juvenile offenders to bypass formal trial through counseling, community service, or reconciliation for minor offences.
- Rights and Protections: Explicitly prohibits the use of handcuffs, solitary confinement, fetters, or detention in adult prisons.
Nepal Law Anchors
- The Constitution of Nepal: Article 39 (Right to Child) guarantees the right to education, health, protection, and juvenile justice.
- Act Relating to Children, 2075: Enacted on Ashoj 2, 2075. It repealed the older Children Act, 2048.
- International Link: Nepal is a state party to the UN Convention on the Rights of the Child (CRC) 1989 (ratified on September 14, 1990).
Confusable Terms
| Term | Definition / Scope | Key Distinction |
|---|---|---|
| Child (Act 2075) | Any person who has not completed 18 years of age. | Upgraded from 16 years (under the 2048 Act) to align with international CRC standards. |
| Minor (Civil Code 2074) | Any person under 18 years of age. | Used primarily to determine civil capacity, contract validity, and guardianship. |
| Child Labor (Prohibition Act 2056) | Prohibits child labor under 14 years and hazardous labor under 18 years. | Restricts economic exploitation age limits rather than general criminal liability. |
MCQ Traps
- The age trap: Old question banks still cite 16 years as the limit for childhood. Under Act 2075, a child is defined as anyone under 18 years of age.
- Absolute immunity trap: Expecting children under 10 to receive community service. Under Section 35(1), they receive zero criminal liability.
- Adult punishment trap: Thinking a 17-year-old child receives full adult punishment because they are close to 18. They can only be sentenced to a maximum of two-thirds of the adult punishment.
Example
If a 15-year-old child commits a theft, they are not brought before a regular criminal court. Instead, they are produced before the Juvenile Bench within 24 hours of arrest. The trial takes place in an informal, child-friendly setting. If found guilty, they are sentenced to half of the adult punishment, which must be served in a Child Correction Home (बाल सुधार गृह) rather than a regular jail.
Memory Hook
Ten is absolute zero, twelve is a warning sign; up to fourteen is six months max, fourteen gets half, and sixteen gets two-thirds of the line!
Quick Revision
- Enactment Date: Ashoj 2, 2075.
- Child Definition: Under 18 years of age.
- Criminal Liability Limits: Under 10 (none), 10-12 (warning/counsel), 12-14 (6 months max), 14-16 (half), 16-18 (two-thirds).
- Key Institution: Juvenile Bench (जिल्ला बाल इजलास) and Child Correction Homes (बाल सुधार गृह).
- Prohibited practices: Handcuffing, chaining, placing in adult detention centers, or publishing photos/names of juvenile offenders.