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Chapter 10 Miscellaneous


  1. Duties of the child: (1) It shall be the duty of every child to respect his or her father, mother, guardian, other family members, teachers and social service providers and obey the advice, suggestion, guidance and instruction given by them, taking into consideration of his or her best interests.
  2. To maintain confidentiality: (1) No person shall publish or broadcast through print or electronic media any details that discloses the identity of a child concerned with a case that is sub judice in the Juvenile Court.

(2) No person shall broadcast information or news through any communication media by disclosing the identity of a child victim of an offence against children.

(3) The police, government attorney or Juvenile Court shall make arrangements for maintaining records of child victims of the offences against children, without disclosing their names and identity.

(4) The investigation authority, government attorney and Juvenile Court shall keep the identity of children in conflict with law confidential. Copies of documents related to such charge shall not be given to any person other than the concerned police and government attorney’s office, Juvenile Court, the child concerned, family members, guardian, legal practitioner of the concerned child and Central and District Child Justice Committee.

(5) Notwithstanding anything contained elsewhere in this Section, the details related to the child may be published or broadcast as follows, in the following circumstance:

(a)        If publishing or broadcasting the details relating to the children in conflict with law does not adversely affect the interests of such children, such details, with the permission of the Juvenile Court,

(b)        Data on the children in conflict with law may be published with the permission of the concerned agency, for any study or research, with the disclosure of their age or gender, without disclosing their names, surnames, personal details and addresses.

  1. Provisions relating to probation authority: (1) The Government of Nepal shall appoint the probation authority in each district to carry out, inter alia, investigation into the concerned case, inspection of the observation chamber, diversion, and preparation of reports on the status of implementation of the orders by the Juvenile Court, in close contact with the children accused of offense.

(2) Until the probation authority is appointed, the Government of Nepal may designate any authority of the Government of Nepal to act as the probation authority.

(3) The functions, duties, powers and terms and conditions of service of, and other provisions relating to, the probation authority shall be as prescribed.

  1. Case not to be tried and disposed of without legal practitioner: (1) Notwithstanding anything contained in the prevailing law, the Juvenile Court shall not try and dispose of a case involving a child charged with committing an offense until a legal practitioner is appointed for defending the child.

(2) In cases where no legal practitioner has been appointed on behalf of a child accused of an offense, the concerned Juvenile Court shall make arrangements to make service available from a paid legal practitioner or any other interested legal practitioner.

  1. Appeal: (1) In the case of not being satisfied with the decision made by the Juvenile Court or by the Ministry pursuant to sub-section (8) of Section 72, an appeal may be filed in the concerned High Court within thirty-five days of such a decision.

(2) Notwithstanding anything contained in sub-section (1) and in the prevailing law, no appeal shall be admissible against a decision of the Juvenile Court that acquits a child, other than in the circumstances affecting justice because of erroneous interpretation of law, wrong use of precedent or non-admission of an admissible evidence or admission of a non-admissible evidence.

  1. Priority to be given in proceedings of case: Priority shall be given to the proceedings, trial and disposal of cases involving children either as plaintiff or defendant in the courts other than the Juvenile Court.
  2. Basis for determining children’s age: While determining the age of a child, the following matters shall be taken as the basis:

(a)        The date of birth recorded in the child’s birth registration issued by the hospital,

(b)        If the date of birth referred to in clause (a) is not available, the date of birth recorded in the child’s birth registration certificate issued by the Local Registrar’s Office,

(c)        If the certificate referred to in clause (b) is not available, the date of birth recorded in the child’s school character certificate or the date of birth recorded at the time of child’s admission to the school,

(d)       If the certificate referred to in clause (b) or the date of birth is not available, the date recorded in the certificate of age issued by the hospital,

(e)        If the certificate referred to in clause (d) is not available, the age recorded in the Janmakundali (birth chart), Cheena (horoscope), notes, or the age disclosed by the father, mother, guardian or any other family member of the child or similar other relevant evidence.

  1. Act to prevail: The matters contained in this Act shall be governed by this Act and the other matters shall be governed by the prevailing law.
  2. Power to frame rules: The Government of Nepal may frame necessary rules in order to implement the objectives of this Act.

Provided that the Supreme Court may frame the rules relating to procedures on the dispensation of juvenile justice.

  1. Power to frame guidelines and operational procedures: (1) The Ministry may frame guidelines and operational procedures, as necessary, subject to this Act and the Rules framed under this Act.

(2) The Supreme Court may frame juvenile justice procedures or guidelines subject to this Act or the Rules framed under this Act.

  1. Amendment, repeal and saving: (1) The following clause (a) shall be substituted for clause (a) of sub-section (1) of Section 4 of the Births, Deaths and Other Personal Events (Registration) Act, 2033 (1976):

“(a)      Information on birth and death by the father, mother, any family member or guardian,”

(2) The Act Relating to Children, 2048 (1992) is hereby repealed.

(3) Any acts done and actions taken pursuant to the Act Relating to Children, 2048 (1992) shall be deemed to have been done and taken under this Act.