Chapter -1 Preliminary

 

  1. Short title and commencement: (1) This Act may be cited as the “Act Relating to Children, 2075 (2018)”.

(2) It shall come into force immediately

  1. Definitions: Unless the subject or the context otherwise requires, in this Act,-

(a)        “Orphan children” means orphan children as referred to in the prevailing laws.

(b)        “Investigating authority” means an official having authority under the prevailing laws to investigate into the offence.

(c)        “Offence” means a criminal offence as provided by the prevailing laws.

(d)       “Children in conflict with law” means the children accused of committing an offence, and this term also includes the children convicted by the Juvenile Court for committing an offence.

(e)        “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.

(f)        “Diversion” means the act of bringing the child accused of committing an offence outside the ambit of the formal judicial proceedings by adopting any of the processes mentioned in Section 29.

(g)        “Observation chamber” means an observation chamber established pursuant to Section 22.

(h)        “Family” means a child’s father, mother, elder brother, younger brother, elder sister, younger sister, grand-father or grand-mother living in an undivided family and this term also includes other relative living in the undivided family.

(i)         “Council” means the National Child Rights Council referred to in Section 59.

(j)         “Children” means persons who have not completed the age of eighteen years.

(k)        “Violence against children” means an act referred to in sub-section (2) of Section 66.

(l)         “Juvenile Court” means a juvenile court constituted in accordance with sub-section (1) of Section 30 and this term also includes the juvenile bench constituted pursuant to sub-section (3) of the said Section.

(m)       “Child pornography” means an act to take or make video or picture of children showing their sex organ or making them involve in imaginary sexual activities, to demonstrate vulgar picture through newspaper, poster, print, movie or other medium of communication, and this term also includes activities of production, sale, import, export, collection or dissemination of such materials.

(n)        “Child welfare authority” means an official appointed or prescribed pursuant to Section 61.

(o)        “Child home” means a child home established pursuant to Section 52.

(p)        “Child sexual harassment/abuse” means an act referred to in sub-section (3) of Section 66.

(q)        “Child reform home” means a child reform home established pursuant to Section 43.

(r)        “Ministry” means the Ministry of Women, Children and Senior Citizens of the Government of Nepal.

(s)        “Children in need of special protection” means the children referred to in Section 48.

(t)        “Guardian” means a person or institution appointed or having an obligation to protect the rights and interests of the child in accordance with this Act or the prevailing laws, and this term also includes a curator in the absence of the guardian.

(u)        “Social service provider” means a person referred to in Section 62.

(v)        “Local Level” means any Rural Municipality or Municipality.