Section 28
Matters To Be Considered In Making Diversion
The following matters shall be considered while making diversion:
(a) Confession of offence by the child,
(b) Consent of the concerned child, his or her father, mother and other family member, or guardian where there are no parents,
(c) Receipt of consent of the victim ensuring the rehabilitation of the victim party to the extent of possible,
(d) Nature of the offence and circumstances of its commission, gravity of the event, age, maturity and intellectual level, family environment of the child and the damage caused to the victim and his or her rehabilitation are to be considered.
(a) Confession of offence by the child,
(b) Consent of the concerned child, his or her father, mother and other family member, or guardian where there are no parents,
(c) Receipt of consent of the victim ensuring the rehabilitation of the victim party to the extent of possible,
(d) Nature of the offence and circumstances of its commission, gravity of the event, age, maturity and intellectual level, family environment of the child and the damage caused to the victim and his or her rehabilitation are to be considered.
The Act Relating To Children, 2075 (2018)
Chapter - 2
Section 3: Right To LiveSection 4: Right To Name, Nationality And IdentitySection 5: Right Against DiscriminationSection 6: Right To Live And Meet With The ParentsSection 7: Right To ProtectionSection 8: Right To ParticipateSection 9: Right To Freedom Of Expression And InformationSection 10: Right To Open Organization And Assemble PeacefullySection 11: Right To PrivacySection 12: Special Rights Of Children With DisabilitiesSection 13: Right To Nutrition And HealthSection 14: Right To Sports, Entertainment And CultureSection 15: Right To Education
Chapter - 4
Section 20: Matters To Be Considered While Dispensing The Juvenile JusticeSection 21: To Take A Child Under ControlSection 22: Provision Relating To Establishment Of Observation ChamberSection 23: Special Provision Relating To Investigation And ProsecutionSection 24: Provision Relating To TrialSection 25: Rights Of Child VictimSection 26: Rights Available To Child In The Course Of HearingSection 27: To DivertSection 28: Matters To Be Considered In Making DiversionSection 29: Procedures To Be Followed While Making DiversionSection 30: Formation Of The Juvenile CourtSection 31: Exercise Of Jurisdiction Of The Juvenile CourtSection 32: Proceeding By The Juvenile CourtSection 33: Cases To Be Transferred To The Juvenile CourtSection 34: Provision Relating To TrialSection 35: Provision Of In Camera BenchSection 36: Provisions Relating To PunishmentSection 37: Period For Disposing Of The CaseSection 38: Reform Period May Be Reduced Or RemittedSection 39: Restorative JusticeSection 40: Not To Be Considered DisqualifiedSection 41: Punishment Not To Be CountedSection 42: Not To Be Handcuffed, Shackled Or Kept In Solitary ConfinementSection 43: Provision Relating To Child Reform HomeSection 44: To Shift Children Suffering From Chronic Or Serious Disease To Another PlaceSection 45: Psycho-sociological And Psychological Study ReportSection 46: Central Juvenile Justice CommitteeSection 47: District Juvenile Justice Committee
Chapter - 5
Section 48: Children In Need Of Special ProtectionSection 49: Provision Of Alternative CareSection 50: Protection Of ChildrenSection 51: To Appoint Or Designate GuardianSection 52: Establishment And Operation Of Children’s HomeSection 53: Duration Of Stay At Children’s HomeSection 54: Family Reunion To Be MadeSection 55: Liability Relating To Rehabilitation And Social ReintegrationSection 56: Chief Of The Organization To Be ResponsibleSection 57: Standards Relating To Child ProtectionSection 58: Monitoring And Reporting
Chapter - 10
Section 77: Duties Of The ChildSection 78: To Maintain ConfidentialitySection 79: Provisions Relating To Probation AuthoritySection 80: Case Not To Be Tried And Disposed Of Without Legal PractitionerSection 81: AppealSection 82: Priority To Be Given In Proceedings Of CaseSection 83: Basis For Determining Children’s AgeSection 84: Act To PrevailSection 85: Power To Frame RulesSection 86: Power To Frame Guidelines And Operational ProceduresSection 87: Amendment, Repeal And Saving