A child who breaks the law is not treated the same as an adult offender in Pakistan. The Juvenile Justice System Act 2018 (Act XXII of 2018) - which repealed the older Juvenile Justice System Ordinance 2000 and extends to the whole of Pakistan - builds a separate, protective process around offenders under 18. It emphasises rehabilitation over punishment, keeps children away from hardened criminals, and forbids the harshest penalties altogether. This guide explains how that system works, from arrest to disposal.
Who is a juvenile?
Section 2 of the Act defines a child as a person who has not attained the age of eighteen years, and a juvenile as a child who may be dealt with for an offence in a manner different from an adult. The cut-off is fixed by the age at the time the offence was committed, not the age at trial - so a person who turns 18 during the proceedings is still tried as a juvenile for that offence. This protection sits alongside the Pakistan Penal Code 1860 and the Code of Criminal Procedure 1898, which continue to apply except where the 2018 Act provides otherwise.
How age is determined
Because everything turns on age, the Act makes it compulsory for the officer in charge or investigating officer to inquire into the age of anyone who appears to be, or claims to be, a juvenile. Age is established in a clear order of preference:
| Priority | Evidence of age |
|---|---|
| 1 | Birth certificate |
| 2 | Educational certificates or school records |
| 3 | Any other pertinent document establishing date of birth |
| 4 | Medical examination report by a medical officer (only where no documents exist) |
Where age is disputed, the Juvenile Court decides the question before proceeding. Courts generally lean in favour of treating a borderline accused as a juvenile, given the protective purpose of the law.
How offences are categorised
The Act sorts offences into three tiers, which decide whether diversion is available and how bail is handled:
| Category | Punishment under the PPC | Diversion available? |
|---|---|---|
| Minor | Up to 3 years, with or without fine | Yes |
| Major | 3 to 7 years, with or without fine | Yes - only if the juvenile is 16 or under |
| Heinous | Life imprisonment or more than 7 years | Restricted |
Juvenile Courts
The Government, in consultation with the concerned Sessions Judge, establishes a Juvenile Court in each district to try offences committed by juveniles. The trial is conducted in a child-friendly manner - as far as possible in camera - and a juvenile cannot be tried jointly with an adult co-accused; those cases are split. A support person or guardian may accompany the juvenile. The court may also seek a report from a probation officer before deciding on disposal, keeping the focus on the child's welfare and reintegration.
No harsh penalties. Section 18 forbids the death penalty for anyone who was under 18 at the time of the offence. A juvenile can never be committed to an ordinary prison, ordered to hard labour, put in fetters, handcuffed, or given any corporal punishment while in custody.
Diversion and the Juvenile Justice Committee
Diversion is the heart of the 2018 Act. It is an alternative process for determining a juvenile's responsibility and treatment - based on their social, cultural, economic, psychological and educational background - without resorting to a formal trial. With the consent of the juvenile or guardian, the complaint is referred to a Juvenile Justice Committee (constituted for each sessions division), which must dispose of the case within one month. Diversion can be triggered at any stage: during police investigation, by the prosecution, or by the court itself.
With the complainant's consent, the Committee can resolve a matter through any of the following:
| Diversion option | What it involves |
|---|---|
| Restitution | Return of movable property to the complainant |
| Reparation | Making good the damage or loss caused |
| Apology | A written or oral apology to the victim |
| Community service | Participation in supervised community work |
| Fine and costs | Payment of a fine and the costs of proceedings |
| Placement | Placement in a Juvenile Rehabilitation Centre |
| Reprimand | A written or oral warning |
A successful diversion spares the child a criminal record and a courtroom, which is the whole point - keeping first-time and low-risk young offenders out of the formal system.
Bail for juveniles
The Act tilts strongly towards release. Under section 6, a juvenile accused of a bailable offence must be released on bail with or without surety. A juvenile in a non-bailable offence may also be released unless there are reasonable grounds to believe release would bring the child into association with criminals or expose them to danger. Even where a juvenile aged over 16 is accused of a heinous offence and ordinary bail is restricted, the Juvenile Court retains power to order release under section 15 - for example after delay in trial. If you are dealing with an arrest, see our guides on the bail procedure in Pakistan and post-arrest bail.
Rights of a juvenile in conflict with the law
The Act guarantees a set of core protections that apply from the moment of arrest:
- Free legal aid. Every juvenile has the right to legal assistance at the expense of the State. A lawyer must be provided if the family cannot afford one.
- Prompt age inquiry. The investigating officer must determine age at the outset so the correct process applies.
- Separate custody. Juveniles are kept in observation homes and Juvenile Rehabilitation Centres, not adult jails.
- Protection for girls. A female juvenile cannot be apprehended or investigated by a male police officer, cannot be placed on probation under a male officer, and may only be kept in a centre certified exclusively for female inmates.
- Privacy. Reporting that identifies a juvenile offender is prohibited, and records are treated confidentially.
If your child's rights during arrest or questioning may have been breached, read our note on police investigation and your rights, and understand the wider flow in our guide to the criminal trial process.
Frequently asked questions
What age is a juvenile in Pakistan?
Anyone under 18 years at the time the offence was committed is a juvenile under the Juvenile Justice System Act 2018.
Can a child under 18 be given the death penalty?
No. The death penalty is expressly barred for offenders who were under 18 at the time of the offence, as are fetters, handcuffs and corporal punishment.
What is a Juvenile Justice Committee?
It is a committee constituted for each sessions division that disposes of eligible cases through diversion - apology, community service, restitution or a fine - within one month, avoiding a formal trial.
Does a juvenile get a free lawyer?
Yes. Legal assistance is provided at the expense of the State where the juvenile or their family cannot arrange a lawyer.
Where are juveniles kept if not granted bail?
In observation homes or Juvenile Rehabilitation Centres - never in ordinary adult prisons - with female juveniles held only in centres certified exclusively for females.
Can a 17-year-old be tried with adult co-accused?
No. The case against the juvenile is separated and tried by the Juvenile Court on its own.