Aggravating Factors in Nepal

Introduction to Aggravating Factors

Aggravating Factors refer to those conditions or elements of a crime that increase the seriousness of the Crime. Moreover, the increase in the seriousness and heinousness of the Crime results in additional Punishment including harsh penalties, long sentences, and increased guilt to the Offender.

Aggravating Factors in Nepal and the Nepalese Criminal Justice System are directed towards increasing the deterrence of Crime. It is intended to discourage a potential offender from committing the Crime because of the increased risk associated with the Crime.

List of Aggravating Factors in Nepal

Aggravating Factors have been incorporated in Section 38 of the National Penal Code 2017. The Following Factors are considered aggravating Factors in Nepal under Section 38 of the Act:

1. If the offence was committed against the President or the Head of Government of Nepal
2. If the offense was committed in the presence of the President or the Head of Government or the Head of a Foreign State
3. If the Offense was committed through the Breach of Trust
4. If the Crime was committed by exploiting a Public Office
5. If the Offense was committed to obstruct a public official during the performance of their duties or commit an unlawful act
6. If the Crime was committed in a government Office, Public Office, or Religious Place
7. If the Crime was committed by a group of five or more individuals
8. If the offense happened by taking advantage of public calamities and disturbances such as landslides, floods, earthquakes, and epidemics.
9. If the offense was committed by using weapons, toxic substances, explosives, or devices or through someone carrying them.
10. If the Crime is committed by an individual who has already been sentenced to Imprisonment (Recidivism)
11. If the Offense was committed due to promises of remuneration, incentives, or undue benefits.
12. If the crime was committed against an individual under one’s protection or against the property in one’s custody.
13. If the crime involves torture, cruel, inhuman, or degrading treatment against the individual on whom the crime is committed.
14. If Multiple Offenses were committed on a single occasion.
15. If the Committed Crimes add up to more than one person on a single occasion.
16. If the Crimes involve kidnapping or Hostage Taking
17. If the Crime was committed against an individual under Detention, Custody, Imprisonment, or Guardianship.
18. If the Offense was committed by an individual whose duty was to provide security to the Individual
19. If the Offense was committed with the intention of compromising the identity of a particular caste, race, or religion.
20. If the Committed Crime falls under the category of Crimes committed against Humanity
21. If the Committed Crimes were planned and organized in nature
22. If the Offenses were committed against Vulnerable Individuals such as the elderly above Seventy-Five Years of Age, Individuals with mental and physical disabilities, or children.
23. If the Offense was carried out by an individual engaged in Rescue Work
24. If the Crime was a subsequent offense performed by the same offender against the Previous Victim.

Conclusion

In the context of Nepal, 25 Diverse Factors have been codified while considering the aggravation of Crime in Nepal. These factors are based on the seriousness of the offense, the social and moral impact of the offense, the reformation of the Offender, and the sensitivity of the Case.