The National Code (Muluki Ain, 2020) 1963, has also provided few provisions concerning Juvenile Justice although in a very scattered form. Code 11(2), Code 26, Code 38(1), stated the priority for hearing in the case of child, prohibition of confiscation of property in case of minor who has not attain the age of 12 and term of imprisonment should not exceed half the imprisonment that would have been for adult, in case of failing to pay fine.
The Government of Nepal ratified the United Nation Convention on the Rights of Child, 1989 in 14th September 1990, and subsequently enacted The Children’s Act, 1991. The Convention on the Rights of Child is the first legally binding international instrument. The Act had provisioned the establishment of special Juvenile Court, juvenile bench, Child Reform home and special services for the children in conflict with the law.
After the historical people’s movement for democracy, the Interim Constitution of Nepal was promulgated in the year 2063that replaced the Constitution of Kingdom of Nepal, 2047.The Interim Constitution of Nepal,2063 for the first time, recognized rights of Children (Article 22) as a fundamental rights. As for the juvenile justice is concerned, there is no specific provision in interim constitution except Article 24, which guaranteed rights related to justice in case of juveniles.In 2063, the Government of Nepal enacted the Juvenile Justice (Procedure) rules to ensure the Protection of children in conflict with the law, to simplify the procedures and to strengthen the administration of juvenile justice.
The Act Relating to Children 2075 (2018), has extensive provisions in comparison to The Children’s Act 2048 (1992) in regard to the children in conflict with the law (Chapter 4) with new and specified duties and roles of duty bearers associated with child justice system added with alternative measures of correction as Diversion, Restorative justice system and Tribunal concept in child court/bench. In pursuant to the Section 85 of The Act Relating to the Children 2075(2018), The Supreme Court of Nepal framed the rules in The Administration of Child Justice (Procedures) Regulation 2018.
Administration of Child Justice (Procedure) Regulation 2076, mandated the Committee to conduct various training for capacity building of person and institution associated with Child Justice System. Secretariat of Central Child Justice Committee is established for implementing and carrying out the decisions of the Committee