Kidnapping Law in Nepal (Hostage Taking)

Kidnapping is a serious Criminal Law Violation that involves unlawful or intentional Abduction of another person against their will and accompanying it with other Criminal Acts.

National Penal Code Chapter 17 Section 211 to Section 218 has prescribed the Conditions and the Punishment for Offences Relating to Kidnapping and Hostage Taking in Nepal.

Kidnapping Law in Nepal

Kidnapping is prohibited in Section 211 of the National Penal Code. Section 211(1) provides that no individual can kidnap another individual or cause to kidnap another Individual.

The Following Acts are considered to be Kidnapping in Nepal:

To take any person to a place or compel them to go to a place:

1. Using force or threats of force
2. Practicing fraud, deception, or intimidation
3. Showing or not showing arms (weapons)
4. Misrepresenting information
5. Administering narcotics or alcoholic substances
6. Seizing or controlling a vehicle they are using

To take a person by force to a place:

1. Without their consent
2. Without the consent of a child or a person under the care of another
3. Without the consent of a person of unsound mind due to mental illness
4. Without the consent of their father, mother, or guardian
5. Through misrepresentation

Hostage Taking in Nepal

Similarly, Section 212 of the National Penal Code has prohibited Hostage Taking in Nepal. Sub-Section 1 provides that no Individual can take another Person Hostage.

The following are considered to have been acts of Hostage Taking in Nepal:

1. Seizes or detains another person without their consent.
2. Seizes or detains a child or a person of unsound mind without the consent of their father, mother, or guardian
3. Uses force or threats to use force
4. Practices of fraud, deception, coercion, or intimidation
5. Shows or does not show arms (weapons)
6. Misrepresents information
7. Administers narcotics or alcoholic substances
8. Seizes or controls a vehicle or place where the person is staying.

The Following isn’t considered Hostage Taking in Nepal

1. Placing an unsound person under surveillance or control:
2. Done in good faith
3. For treatment or other benefit to the concerned person
4. With the consent of the unsound person’s father, mother, or guardian

Punishment for Kidnapping in Nepal

If the Kidnapper has the intention to do the Following by Kidnapping or Hostage Taking, they are liable to a sentence of imprisonment for a term of seven to ten years and a fine of NPR 75,000 to NPR 1,00,000:

1. Cause death
2. Cause injury by subjecting to hurt
3. Commit rape or unnatural sex
4. Engage in trafficking or enslavement
5. Subject to forced labor
6. Engage in prostitution
7. Subject to torture
8. Compel to do or cause to be done any act
9. Take ransom

However, if the individuals that commit Kidnapping/Hostage Taking did so for any other purposes, then, they are liable to a sentence of Imprisonment for a term of three to five years and a fine of NPR 30,000 to 50,000.

If an Individual takes the Victim Hostage through the means of Kidnapping them by fulfilling the above conditions, they can be punished with Imprisonment from 10 to 15 years and a fine of NPR 1,00,000 to NPR 1,50,000.

Addotional punishment

Further, after the Victim has been kidnapped or taken Hostage if the Offender commits any other acts considered to be a Crime, they can be additionally punished for those Crimes in Nepal with additional imprisonment and a fine in accordance with the Crime Committed.

If Kidnapping or Hostage Taking is conducted in an organized manner in Nepal, the individuals committing such offenses are liable to be imprisoned for a term of two years.

Section 215 of the National Penal Code has provisioned on Abetment/ Attempt/ Conspiracy/ Accomplice to Kidnapping and Hostage Taking in Nepal. The Section has provided that individuals who Abet or order the commission of Kidnapping or Hostage Taking are equally liable to the principal offender.

Those Individuals who attempt to commit Kidnapping/Hostage Taking or conspire to commit Kidnapping/Hostage Taking in Nepal are liable to half the Sentence of Imprisonment and Fine for such an act.

The Act has also established Provisions for the Reduction of Sentence as a Mitigating Factor for Kidnapping Crimes in Nepal. If the Individual involved in the commission of Kidnapping assists security personnel including the Police Force in arresting other Co-Criminals or Members of the Gang committing such offence, they can get a reduced sentence for the Crime.

Compensation

Individuals who commit Kidnapping must provide Compensation to the Victim. The Act mentions that reasonable compensation must be paid to the Victim by the individual that committed or caused to commit Kidnapping or Hostage in Nepal.

The Statute of Limitation for reporting a crime of Kidnapping or Hostage that caused the death of another person is unlimited and it can be reported anytime.

However, Kidnapping and Hostages need to be reported six months after the Release of Hostage.