Treatment of Child Offenders

In the realm of criminal justice, addressing the issues surrounding child offenders is a complex and sensitive task. It demands a careful balance between holding individuals accountable for their actions and recognizing the unique vulnerabilities and developmental needs of young offenders. Here is a brief overview of essential aspects of the treatment of child offenders in Nepal:

  1. Not an Offense: Any offense committed by children under the age of ten years is not tryable in courts and such children are not punished.
  2. Handcuffs and Custody: A child accused of committing a crime cannot be handcuffed and is not to be put in police or judicial custody.
  3. Security Deposit and Guarantee: During the time of investigation, security deposit and guarantee cannot be demanded from the child offender.
  4. Investigation: A child offender shall not be placed with an accused person above 18 years of age. They should be placed in a Supervision Room or a separate room within the office of district police.
  5. Juvenile Court: Offenses committed by children shall be tried and settled by specially dedicated Juvenile Courts.
  6. Fast-Track Hearing: A case involving child offenders must be heard and decided within 120 days by the Juvenile Court.
  7. Child-friendly Environment: The investigation, prosecution, and hearing in a child-friendly environment where the child is treated according to their age, maturity, and psychology. This includes the use of the language understood by the child, the creation of a fearless atmosphere, the presence of his or her mother, father, or other family member or guardian, addressing the personal needs of the child, and the availability of the facilitator as required.
  8. In-camera Hearing: The trial and adjudication of the case against a child accused of an offense shall be carried out in camera bench, that is to say, in a closed environment away from the public where the confidentiality of the matter can be maintained.

Under the Nepalese legal system, judicial proceedings in relation to child offenders have been provisioned within:

 

The Act Relating to Children 2075 (2018)

Section 26

Rights available to a child in the course of hearing

Section 30

Formation of Juvenile Court

Section 34

Rights during trial

Section 35

In-camera bench

Section 36

Provisions relating to punishment

Section 37

Period for disposing of the case

Section 42

Not to be handcuffed, shackled, or kept in solitary confinement

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