Child Rights Law Pakistan

JUVENILE JUSTICE SYSTEM ACT, 2018   The Juvenile Justice System Act, 2018, is a significant piece of legislation in Pakistan that deals with matters related to the juvenile justice system and the treatment of juveniles who come into contact with the law. This act provides a comprehensive legal framework for the handling of cases involving juveniles, with a focus on their protection, rehabilitation, and reintegration into society. Short title, extent and commencement. Definitions. Legal assistance. Juvenile Court. Arrest of a juvenile. Release of a juvenile on bail. Investigation in juvenile cases. Determination of age. Disposal of cases through diversion. Juvenile Justice Committee. Procedure of Juvenile Court. Trial of juvenile with adult person. Disclosure of identity of the juvenile. Report of probation officer. Powers of Juvenile Court to order for release. Page 2 of 13 Orders that shall not be passed with respect to a juvenile. Special provision for female juvenile. Appeal. Removal of disqualification attached with conviction. Establishment and certification of observation homes and Juvenile Rehabilitation Centres. Power of the Government to withdraw certificate. Inspection of observation homes and Juvenile Rehabilitation Centres. Act to override other laws. Power to make rules. Repeal. Page 3 of 13 JUVENILE JUSTICE SYSTEM ACT, 2018 ACT No. XXI or 2018 An Act to provide for criminal justice system for juveniles WHEREAS it is expedient to provide for criminal justice system and social reintegration of juveniles; It is hereby enacted as follows: Short title, extent and commencement. System Act, 2018. (2) It extends to the whole of Pakistan. (1) This Act may be called the Juvenile Justice (3) It shall come into force at once. Definitions. In this Act, unless there is anything repugnant in the subject or context, (a) “best interest of the child means the basis for any decision taken regarding the child to ensure fulfillment of his basic rights and needs, identity, social well-being, physical, emotional and psychological development; (b) “child” means for the purposes of this Act a person who has not attained the age of eighteen years; (c) “Code” means the Code of Criminal procedure, 1898 (Act V of 1898); (d) “diversion” means an alternative process of determining the responsibility and treatment of a juvenile on the basis of his social, cultural, economic, psychological and educational background without resorting to formal judicial proceedings; (e) “Government” means the Federal Government or the Provincial Government, as the case may be; (f) “guardian” in relation to a juvenile means a parent or a person who has been appointed as a guardian by the court or a person who has actual care of the child; (g) “heinous offence” means an offence which is serious, gruesome, brutal, sensational in character or shocking to public morality and which is punishable under the Pakistan Penal Code, 1860 (Act XIV of 1860) or any other law for the time being in force with death or imprisonment for life or imprisonment for more than seven years with or without fine; Page 4 of 13 (h) “juvenile” means, a child who may be dealt with for an offence in a manner which is different from an adult; (i) “juvenile” means, a child who may be dealt with for an offence in a manner which is different from an adult; (j) “Juvenile Justice Committee” means a committee established under section I0; (k) “Juvenile Rehabilitation Centre” means a place where a juvenile may be kept and given education, vocational or technical training for his mental, moral and psychological development and includes certified institutions, juvenile training institutions, borstal institutions, vocational centres, darul-amaan and women crises centres established by the Government or by voluntary organizational certified by the Government; (l) “Juvenile offender” means a child who is alleged to have committed or who has been found to have committed an offence; (m) “major offence” means an offence for which punishment under the Pakistan Penal Code, 1860 (Act XIV of 1860) or any other law for the time being in force is more than three years and up to seven years imprisonment with or without fine; (n) “medical officer” means a medical officer notified as such by the 1 [Division concerned or relevant department of provincial Governments]; (o) “minor offence” means an offence for which maximum punishment under the Pakistan Penal Code, 1860 (XLV of 1860)or any other law for the time being in force is imprisonment up to three years with or without fine; (p) “observation home” means a place where a juvenile is kept temporarily after being apprehended by police as well as after obtaining remand from Juvenile Court or otherwise for conducting inquiry or investigation for the purposes of this Act; (q) “prescribed means prescribed by rules made under this Act; (r) probation officer means a person appointed under the Probation of Offenders Ordinance, 1960 (XLV of 1960):and (s) “suitable person” means any person, trust, association or society duly recognized by law whose object is welfare and protection of children. Explanation-person in this clause means the guardian of a juvenile or any other person appointed by a Juvenile Court for the purposes of this Act. 1Subs. by the Juvenile Justice System (Amendment) Act, 2022 (III of 2022), s. 2. Page 5 of 13 Legal assistance. (1) Every juvenile or a child who is victim of an offence shall have the right of legal assistance at expense of the State. (2) A juvenile shall be informed about his rights available under the law by a legal practitioner within twenty four hours of taking him into custody. (3) A legal practitioner appointed by the 1 [Division concerned or relevant department of provincial Governments] or by the Juvenile court for providing legal assistance to a child victim of an offence or a juvenile shall have at least seven years standing at the Bar. Juvenile Court. (1) The 1 [Prime Minister] in consultation with the concerned High Court shall by notification in the official Gazette establish or designate one or more Juvenile Courts, within a period of three months of the commencement of this Act.