Table of Contents
Juvenile case proceedings in Nepal are built on a justice model that prioritizes protection, rehabilitation, and reintegration over punishment. Unlike adult trials, the juvenile justice process is uniquely designed to respect the psychological, emotional, and developmental needs of children. Governed by the Children Act, 2019, it ensures that proceedings are fair, child-sensitive, and aligned with the best interests of minors. From investigation and diversion to in-camera hearings and sentencing, the legal framework emphasizes a holistic approach, engaging families, professionals, and social services. This article outlines the key steps and protections involved in handling juvenile cases in Nepal's legal system.
a) Taking under control as the last resort
Section 21 of the Children Act provides that if information on an offence is received, the investigating authority shall immediately start an investigation on it. The child shall be taken into control only if it appears that the investigation is impossible without taking the child accused of the offence under control. He or she shall be handed over to his/her family members or relatives or guardians if it appears that it is no longer required to take a child under control. Likewise, no child shall be detained in the course of trial and no bail or guarantee shall be demanded from him or her. However, the child can be sent to a reform home in the following circumstances.
- If there is adequate ground that the child's life would be in danger, someone would get hurt by the child, such child would go away or for any other reason that it is not appropriate to put the child elsewhere,
- If it appears from the evidence available for the time being that a child accused of an offence punishable by imprisonment for a term not exceeding three years or more or there is a reasonable ground to believe that he or she is an offender
b) Children-friendly investigation
The juvenile taken into control has to be kept in the observation chamber with minimum facility. Investigation of a juvenile case has to be conducted by the police without uniform. The police taking the juvenile into control have to show his or her identity. The child has to be informed of his or her constitutional and legal right. His or her health has to be checked up by a physician. A social study report of the child has to be prepared through a social worker. Psycho-social counselling has to be provided to the juvenile as per the necessity. Deeds have to be prepared in the presence of his/her parents.
Interview (not interrogation) has to be taken only when they are comfortable to answer the question. Interview has to be conducted in the presence of parents, a member of the family, a child welfare officer, and it has to be conducted in a child-friendly environment. The interview has to be made on his/her family and economic background. Question must be simple and capable of being understood by the child. The interview must not be conducted at night, the interview must not continue more than an hour at a time, the suspect must not be insisted to confess the charge, and psycho-social service has to be provided during the interview. The interview must not be conducted in public.
c) Diversion of the Case
Diversion refers to the dropping of the case without formal prosecution or trial. The investigating authority, the prosecutor and the court have power to divert cases on certain grounds, taking into account the best interest of children and the interest of the community. The following authorities may, in the following circumstances, decide to divert a child accused of an offence, if it appears reasonable to divert the child for his or her best interests.
- i) The investigating authority, where the claimed amount is up to five thousand rupees or the offence is punishable by a fine of up to two thousand rupees or imprisonment for a term of up to two months,
- ii) The government attorney, where the claimed amount is up to ten thousand rupees or the offence is punishable by a fine of up to five thousand rupees or imprisonment for a term of up to three years,
- iii) The Juvenile Court, irrespective of the claimed amount or the amount of fine or term of imprisonment,
The investigation officer or prosecutor can divert the case mentioning the grounds and reason for it. Juveniles who have attained the age of 16 can be sent to community service, which includes the study, cleaning the schools, helping the people in religious places and old age care homes. However, the work must not last more than two hours a day.
d) Prosecution of case
The investigating officer forwards the case file after completing the investigation along with his/her report. If the prosecutor finds it necessary to prosecute the case, prepare the charge and institute it in juvenile court. The charge sheet must be accompanied by a social study report of the child. If the offence has been committed by both the juvenile and an adult, the charge sheet in regard to the juvenile shall be instituted to the juvenile court.
Procedure of Juvenile Court
According to Section 30 of the Children 2019, the Government of Nepal may, on the recommendation of the Judicial Council, form the required number of Juvenile Courts to originally proceed, try and settle the offence committed by the children through a notification in Nepal Gazette. Until such court is established, a juvenile bench shall be formed in each District Court for the proceeding, hearing and settlement of the offence to be dealt with by the juvenile court until the Juvenile Court is formed. The juvenile bench shall consist of the following members:
- (a) District Judge,
- (b) Social service provider,
- (c) Child psychologist or child specialist.
The Juvenile Court shall try the case in a child-friendly environment by taking into consideration of the age and maturity of the child as stated by Sec 34 of the Children Act 2019
i) In Camera Hearing
The case of the juvenile shall be heard in camera. In the proceeding, only the juvenile, his/her parents or guardians, lawyer, victim and his or her lawyer and the person permitted by the court shall present. The jurisdiction of the juvenile shall be exercised collectively by the judge, social worker and child psychologist or child expert.
The hearing shall be conducted with guarantee that the rights guaranteed to the children are implemented. The juvenile should be informed about the nature of the offence and the witness and evidence thereof. The accused child and the victim must be provided an opportunity to state the case.
ⅱ) Right of juvenile in the process
The child accused of an offence shall have right to information on charge, its proceeding, order or decision, right to free legal aid, right to be tried by competent authority, right to demand the presence of family or guardian in the process, right to prompt justice, right to confidentiality of the process, right to information of right, right to participation and right to stay separately from the offender.
ⅲ) Examination of Evidence
Anyone can file a petition to the court for examination of evidence rebutting the charge made against a child. If anyone petitions for examination of evidence, the court may order their examination. If the accused child wants to present the case themselves or herself, the court may permit it. The court may issue an appropriate order for the protection of the right of children.
iv) Continuous Hearing and Judgment
The court may divert the case at any stage of the proceeding. The Juvenile Court shall generally dispose of a case within one hundred twenty days from the date of filing of the case, and the proceeding and adjudication of such a case shall be made based on continuous hearings as per sec 37 of Children Act, 2019.
If there is no unanimity of opinion among the judge, social worker, child psychologist or child expert, the opinion of the judge on legal question shall prevail. However, if the sentence has to be determined under a Sentencing Act, the opinion of a social worker and a child psychologist or child expert has to be taken into account.
Conclusion
The juvenile case proceedings in Nepal are a reflection of the country’s commitment to upholding the rights and dignity of children. Rooted in the Children Act, 2019, the process ensures that children are only taken under control when absolutely necessary, and prioritizes diversion and alternative measures over formal prosecution. The juvenile justice system incorporates professionals such as psychologists and social workers, ensuring that each case is addressed holistically and compassionately. Key features like in-camera hearings, child-friendly interviews, and the right to privacy and family participation underscore the principle of the best interest of the child. Moreover, the law mandates swift and continuous hearings to avoid unnecessary delay, while empowering children to actively participate in their own defense. Ultimately, Nepal’s juvenile proceedings aim to rehabilitate rather than punish, focusing on giving children a second chance and helping them reintegrate into society as responsible citizens. This approach reflects a modern, restorative model of justice.