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Chapter 8 Offences against the Child

 

  1. Offences against the child: (1) If any person does any act of violence referred to in sub-section (2) or sexual abuse referred to in sub-section (3), he or she shall be deemed to have committed the offence against the child under this Act.

(2) If any person does any of the following acts against a child, he or she shall be deemed to have committed the act of violence against the child:

(a)        To involve the child in addictions such as smoking, drinking or gambling,

(b)        To allow him or her to enter to, or use him or her in, recreational facilities opened for the adults such as dance bars and casinos,

(c)        To show him or her motion pictures or other audio-visual materials classified as for the adults only,

(d)       To inflict physical or mental punishment on, or behave, in an undignified manner, him or her whether at home, school or any other place,

(e)        To inflict physical injuries or effect to, terrorize or intimidate, humiliate, neglect, discriminate, exclude or hate, isolate, or cause mental torture to, him or her,

(f)       To harass, cause pain to, him or her by using electronic or other means,

(g)        To organize him or her for the political purpose or use him or her in a strike, shutdown, transportation strike, sit-ins or rally,

(h)        To keep him or her in illegal confinement, detention, prison or house arrest, handcuff him or her,

(i)         To treat him or her in a cruel or inhumane manner or torture him or her,

(j)         To cause him or her to beg or disguise as an ascetic, monk or mendicant, except for the tradition, custom or any religious or cultural activity,

(k)        To forcibly declare, or register him or her, as an orphan,

(l)         To offer or dedicate him or her in the pretext of a pledge, religious or any other purpose, or subject him or her to violence, discrimination, neglect or exclusion or mockery in the pretext of the custom, culture or ritual,

(m)       To engage him or her in a magic or circus show,

(n)        To teach or train him or her to commit any offense or involve him or her in such offense,

(o)        To fix his or her marriage, or marry, or cause to marry, him or her,

(p)        To remove any organ of him or her in contravention of the prevailing law,

(q)        To use him or her for medical or any other experiment,

(r)        To keep him or her in a children’s home, except in accordance with law.

(3) If any person does any of the following acts against a child, he or she shall be deemed to have committed child sexual abuse:

(a)        To show, or cause to show, him or her an obscene picture, audio-visual recording or other material of similar kind or display, or cause to display, such expression or gesture that reflects obscene or sexual conduct or behaviour to him or her or display, or cause to display, child pornography,

(b)        To distribute, store or use any actual or fictitious obscene picture or audio-visual material of him or her,

(c)        To propose, lure, coerce or threaten him or her for sexual activity,

(d)       To use him or her in the production of an obscene act and material,

(e)        To touch, kiss, hold sensitive parts of body of him or her, embrace him or her with sexual intent or cause him or her to touch or hold sensitive parts of own body or body of another person or render him or her unconscious with sexual intent or display, or cause him or her to display sexual organs,

(f)        To use, or cause to use, him or her for stimulating sexual lust or sexual excitement,

(g)        To use, or cause to use, him or her for the purpose of sexual gratification,

(h)        To engage, or cause to engage, in child sexual exploitation,

(i)         To use, or cause to use, him or her with the intent of providing sexual services,

(j)         To use, or cause to use, him or her with the intent of engaging in sexual abuse,

(k)        To use him or her in prostitution or other sexual work.

(4) Notwithstanding anything contained in sub-section (3), anything that is expressed by means of writing, speaking, gesturing or displaying any word, picture, audio, visual means and object or material on a sex related matter without displaying obscenity with the aim of imparting information and education or an act done in good faith in the course of making treatment of the child or saving the child from an accident or risk shall not be deemed to constitute an act of sexual abuse.

  1. Not to be deemed eligible: (1) If it is held that a person who is serving in any public or private organization commits any offence against the child, the person shall be dismissed in accordance with the prevailing law, and, based on the gravity and nature of the offence, such a person shall not be deemed eligible for up to ten years to be involved in the future in any act involving direct contact with the child or to be appointed, nominated or elected to such a private institution or organization.

(2) A person who is convicted of child sexual abuse pursuant to this Act or the prevailing law shall be deemed to have committed a criminal offence involving moral turpitude.

  1. To give information: (1) If the father, mother, guardian, one who directly provides services to the child such the caregiver, teacher, health-worker or any other person comes to know that any person has committed or is committing or going to commit act of violence or child sexual abuse against the child he or she shall give information thereof to the nearby police office immediately.

(2) The police office concerned shall immediately give the information referred to in sub-section (1) to the child welfare authority and seek necessary support.

(3) While giving information with the intent of protecting the child, no legal action shall be taken against the informant merely on the basis that he or she has given such information.

(4) The identity of the informant who gives information pursuant to sub-section (1) shall be kept confidential if he or she so desires.

  1. Temporary protection service: The Government of Nepal shall make arrangements for temporary protection service for safe accommodation of the children who appear to be in need of immediate rescue and protection.
  2. Rescue, protection and health check-up to be made: (1) If the police employee receives any information, complaint or report about violence against the child or child sexual abuse, he or she shall write, or cause to write, necessary details and register it, and if the child needs to be rescued immediately, rescue him or her and refer the victim child to a temporary protection service.

(2) If it appears that the child victim is in physical or mental pain, the police employee shall send him or her to a nearby hospital or health centre and have his or her health checked up and treated.

(3) While taking the statement of the child victim, the police employee shall do so in the presence of his or her parents, other family member or guardian if it is possible that they can so appear, and if they cannot so appear, in the presence of a female representative of a social organization or a social service provider.

Provided that if the parents, guardian or other family members are the perpetrator of violence against children or child sexual abuse, their presence shall not be allowed during the taking of such statement.

  1. Rehabilitation centre: (1) The Government of Nepal shall establish rehabilitation centres, as required, for physical or mental treatment or social rehabilitation of the child victims of offences against the child.

(2) An organization may, for the purposes of sub-section (1), establish a rehabilitation centre by obtaining permission from the Government of Nepal as prescribed.

(3) The services and facilities to be made available at the rehabilitation centres and other provisions including those relating to the management, operation, monitoring of such centres shall be as prescribed.