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Chapter-9 Punishment, Compensation and Case Trying Authority

 

  1. Punishment: (1) If any person, organization or body violates any of the child rights set forth in Chapter-2 or does not fulfil any of the liabilities towards the child set forth in Chapter-3, such a person or the chief of such organization or body shall be liable to a fine of up to fifty thousand rupees.

(2) If the guardian or any family member does not fulfil his or her liabilities or if the mother, father or guardian alters the name and surname of the child with the intention of acquiring undue benefits or misappropriates the child’s property, such a mother, father or family member or guardian shall be liable to a fine of up to one hundred thousand rupees.

(3) A person who commits the offence against the child shall be liable to the following punishment, according to the degree of the offence:

(a)        In the case of the commission of any act referred to in clause (a), (b), (c), (d), (e), (f) or (r) of sub-section (2) of Section 66 or sub-section (1) or (2) of Section 78, a fine of up to fifty thousand rupees and imprisonment for up to one year,

(b)        In the case of the commission of any act referred to in clause (g), (j), (k), (l), (m), (o) or (q) of sub-section (2) of, or clause (a), (b), (c), (e), (f) or (i) of sub-section (3) of, Section 66, a fine of up to seventy-five thousand rupees and imprisonment for up to three years,

(c)        In the case of the commission of any act referred to in clause (d) of sub-section (3) of Section 66, a fine of up to eighty thousand rupees and imprisonment for up to four years,

(d)       In the case of the commission of any act referred to in clause (h) or (i) of sub-section (2) of Section 66, a fine of up to one hundred thousand rupees and imprisonment for up to five years,

(e)        In the case of the commission of any act referred to in clause (n) of sub-section (2) of Section 66, half the punishment that is imposable on the liable to the offender of the offence that is taught or trained to be committed,

(f)        In the case of the commission of any act referred to in clause (p) of sub-section (2) of Section 66, a fine of up to five hundred thousand rupees and imprisonment for up to ten years,

(g)        In case of an act as per clause (g) or (h) of Sub-section (3) of Section 66, the punishment that is imposable on the offender of rape under the prevailing law,

(h)        In the case of the commission of any act referred to in clause (i) or (k) of sub-section (3) of Section 66, a fine of up to one hundred fifty thousand rupees and imprisonment for up to fifteen years.

(4) A person who incites another person, attempts or abets to commit any of the acts set forth in sub-sections (1), (2) and (3) shall be liable to the punishment of fine and imprisonment imposable on the principal offender.

(5) A person who does any act, in contravention of this Act or the rules framed under this Act, other than that contained in this Section, shall be liable to a fine of up to fifty thousand rupees or imprisonment for up to one year, or both punishments, according to the degree of the offence.

(6) If a person who has been punished once under this Act repeats such act, he or she shall be liable to an additional punishment of twenty-five per cent of the punishment imposable pursuant to this Section.

(7) Notwithstanding anything contained elsewhere in this Section, if an act referred to in sub-section (3) is also deemed to be an offence under any other prevailing law, no provision of this Section shall prevent the instituting of a separate case against, and imposing of punishment on, the offender for such offence under that law, and, if the punishment imposable on him or her under the prevailing law for the commission of any act in contravention of this Act exceeds the punishment set forth in this Section, he or she liable to the punishment accordingly.

(8) If any one establishes or operates a children’s home, child correction home, observation chamber, rehabilitation centre or temporary protection service centre without obtaining permission under this Act, the Ministry may shut down such children’s home, child correction home, observation chamber, rehabilitation centre or temporary protection service centre and impose a fine of up to one hundred thousand rupees on the person and organization involved, and may proceed with other additional actions in accordance with the prevailing law.

  1. Compensation: (1) The juvenile court shall cause the recovery of such a reasonable compensation in lump sum or instalments from the offender to the victim child that is not less than the amount of fine imposed on the offender committing the offence against the child under this Act and the prevailing law, having regard to, inter alia, the loss caused to the education, and physical and mental health, development and family of the child victim.

(2) In cases where the amount of fine cannot be recovered pursuant to sub-section (1) from the offender or if the Juvenile Court is of the opinion that such amount of fine, even if recovered, is negligible or inadequate in comparison to the offence against the child, the Juvenile Court shall cause the payment of a reasonable amount of compensation to the child victim from the Child Fund referred to in Section 63.

(3) If the child victim dies before receiving the amount of compensation referred to in sub-section (1), such amount shall be provided to his or her father, mother or, if they are not available, to other family member or guardian.

(4) If it is necessary to immediately carry out medical treatment of or provide compensation or any kind of relief to the child victim of an offence against the child under the prevailing law or offence against the child, interim compensation shall be provided in accordance with the prevailing law.

  1. Statute of limitation: (1) In relation to any offence under Section 66, a case has to be filed within the statute of limitation, if any, specified in the prevailing law, and, if not so specified, within one year of the date of the commission of that offence.

(2) In cases where no case has been filed pursuant to sub-section (1), notwithstanding anything contained in the prevailing law, the statute of limitation for filing the case with respect to the offence against the child shall continue to exist until one year after such a child has attained the age of eighteen years.

  1. Power to try cases: The Juvenile Court shall have the power to try and dispose of cases punishable under the sub-sections other than sub-section (8) of Section 72.
  2. Government of Nepal to be plaintiff: In the cases under Section 66, the Government of Nepal shall be the plaintiff, and such cases shall be deemed to be included in Schedule 1 of the National Criminal Procedure (Code) Act 2017.