Children's Act Nepal 2075 (2018) — Rights, Juvenile Justice

Under Section 2, a child is a person who has not completed eighteen years of age — the threshold that governs rights, protection and juvenile justice under the Act.

The Act Relating to Children 2075, Act No. 23, came into force on 18 September 2018 and repealed the Children's Act 2048 (1992).

It is the Act Relating to Children 2075 (2018), Nepal's principal child-protection statute. It replaced the Children's Act 2048 (1992), gave effect to Nepal's obligations under the UN Convention on the Rights of the Child, and built the framework around the best interest of the child — covering definitions, rights, special protection, juvenile justice and the institutions that enforce them.

Chapter 2 guarantees the right to live with dignity (Section 3) and the right to a name, nationality, birth registration and identity (Section 4), along with rights to survival, development, health, education, privacy, participation and non-discrimination. The Act also protects children from child marriage, hazardous labour and corporal punishment. These rights are explained in plain terms in our child rights guide.

No. Under Section 36, a child of 10 to under 14 cannot be imprisoned. A minor offence leads to counselling and release, and a serious offence to placement in a child reform home for up to one year. Imprisonment as such is reserved for older age tiers, and even then at a reduced level — half the adult punishment for 14 to under 16, and two-thirds for 16 to under 18.

Section 48 lists them — including orphans, abandoned or unidentified children, children deprived of parental care, children living in prison with a detained parent, children born of rape or incest surrendered to the welfare authority, children separated from family due to abuse, and children in hazardous or bonded labour. Identifying a child in one of these categories triggers the State's protective duties through the local child welfare authority.

The Juvenile Court, or a juvenile bench, handles cases involving children in conflict with the law under Section 30. Section 35 requires the proceedings to be in-camera, confidential and child-friendly, with the emphasis on diversion, reform and reintegration rather than punishment. Detention is a last resort, and a child is held in a reform home or observation chamber rather than an adult prison.

The National Child Rights Council, established under Section 59 of the Act, is the central government body for promoting, coordinating and monitoring children's rights in Nepal. It works alongside child welfare authorities at the local level created under Section 61, which are the front-line protective offices. Together they implement the Act's protective framework and oversee child homes, reform homes and the child helpline.

Yes. The Act Relating to Children 2075 repealed the Children's Act 2048 (1992), which it replaced with a far more detailed and rights-based framework. The 2075 Act expanded the catalogue of children's rights, created a structured juvenile justice system with clear age tiers, defined children in need of special protection, and established stronger institutions — bringing Nepali law closer to the UN Convention on the Rights of the Child.

Yes, as part of its protective framework, though the principal penalties for child marriage sit in the National Penal Code 2074. The Children's Act treats child marriage as harmful to a child's rights and welfare and reinforces the protective duties of the State and local authorities. Because the specific punishment is set by the Penal Code, the exact penalty for a child-marriage offence should be confirmed against that statute for the conduct in issue.

1098 is Nepal's toll-free child helpline, used to report children in danger or in need of protection and to connect them with services. It operates under the National Child Rights Council together with partner organisations, rather than being created by the Children's Act itself. The helpline is one of the practical front-line tools through which the Act's protective duties reach children who need urgent help.

Child victims are treated under the special-protection framework, with the local child welfare authority responsible for their safety, care and access to services, and with confidentiality protected. Where a child has suffered violence, abuse or neglect, the Act's penalty provisions apply to the offender, and the child can be placed in a child home or other safe arrangement. The best interest of the child governs every step.

Under Section 66 and following, violence, abuse, neglect and exploitation of children attract graduated fines and imprisonment, rising to up to fifteen years for the gravest offences. Child trafficking is dealt with under the Human Trafficking and Transportation (Control) Act 2064 and child marriage under the National Penal Code 2074. Because the figure depends on the specific offence and statute, the precise penalty should be confirmed for the conduct in issue.

Yes. Nepal ratified the UN Convention on the Rights of the Child in 1990, and the Children's Act 2075 was drafted to give domestic effect to its standards — the rights to survival, development, protection and participation, and the best-interest principle. The Constitution of Nepal 2072 reinforces this in Article 39, which guarantees the rights of the child, so the Act sits within both an international and a constitutional framework.

A child reform home is a facility where a child in conflict with the law is placed instead of an adult prison, used for example where a child of 10 to under 14 commits a serious offence and may be kept for up to a year. The focus is on rehabilitation, education and reintegration rather than punishment, consistent with the Act's child-centred approach. Observation chambers provide short-term holding during proceedings.

No. Section 35 requires juvenile proceedings to be conducted in-camera and kept confidential, protecting the child's privacy and identity. The proceedings are designed to be child-friendly, reducing the trauma of the legal process and avoiding the stigma that public proceedings would create. This confidentiality is a deliberate feature of the juvenile justice system and a key difference from the adult criminal process.

Section 4, which guarantees the right to a name, nationality, birth registration and identity, includes provision for registering a child in the mother's name where the child is born as a result of rape or incest. This protects the child's right to identity and documentation without forcing disclosure that would harm the mother or child. It reflects the Act's focus on the child's interest and on closing gaps that previously left some children undocumented.

It applies as an overlay. Custody and guardianship are governed primarily by the Muluki Civil Code 2074, but the Children's Act 2075 supplies the best-interest standard, the child's participation rights, and the protective framework that inform those decisions. Where a child has no one to care for them, the Act's special-protection provisions and the welfare authority come into play alongside the Civil Code's guardianship rules.

Immediately whenever a child is accused of an offence, is a victim needing protection, or is the subject of a custody or guardianship dispute. A lawyer ensures the correct juvenile justice tier under Section 36 is applied, that proceedings stay within the Juvenile Court's confidential framework, and that a child needing special protection under Section 48 reaches the right welfare authority. Early advice materially changes how a child's matter is handled.