Marriage Crimes in Nepal

Offences Relating to Marriage Chapter 11 Section 171 to 176

Marriage is considered to be a formal and recognized marital partnership between two people with the desire to spend their lives together.

National Civil Code Section 67 has stated that a man and a woman are said to be married if they accept each other through any occasion, ceremony, or court.

Moreover, Marriage is a permanent, inviolable, and holy social and legal bond based on free consent.

Chapter 11 of the National Penal Code has provisioned on Offences Relating to Marriage in Nepal where it has stated five types of illegal Marriage punishable by court of Law from Section 171 to Section 176.

List of Marriage Crimes in Nepal

Consent Marriage

A Marriage must be concluded or must be concluded with the free consent/agreement of the Individuals getting married in Nepal. No marriage can occur without free consent in Nepal. Section 171 Sub-Section 2 has provisioned that a marriage that is concluded without the Consent of the marrying individuals is considered void.

If an unconsent marriage occurs in Nepal, the individuals who commit the offense or get involved in these offenses are liable to a term of imprisonment not exceeding two years and a fine not exceeding NPR 20,000.

Consent for Marriage cannot be given by individuals below the age of 20 years in Nepal else it isn’t considered valid.

Incest Marriage Law in Nepal

Incest Marriage has been exclusively prohibited in Nepal by Section 172 Chapter 11 of the Penal Code on offenses relating to Marriage.

No Individual can conduct or cause to conduct marriage with individuals that are in prohibited degree of relationship in Nepal. However, customary Practices and other religious customs for Incest Marriage have been allowed.

Section 172(2) of the Act has further mentioned that if an incest marriage is concluded in ignorance, it is considered to be void.

If individuals deliberately violate the laws relating to Incest Marriage, they are liable to be punished with a sentence as prescribed. The Act provides that the conclusion of an Incest Marriage in Nepal is liable to a sentence of imprisonment for not more than 3 Months or a fine of not more than NPR 3,000 or both. Moreover, the conducted Incest Marriage is also deemed void.

Child Marriage Law in Nepal

National Penal Code Section 173 has forbidden the conclusion of Child Marriage in Nepal. Sub-Section has stated that no marriage can be conjectured and completed or caused to be completed if the participating individuals (Parties to the Marriage) haven’t attained 20 years of age.

If Child Marriage is concluded in Nepal without meeting the Age Requirement, it is considered to have been automatically null and void.

Those Individuals who are found guilty of being involved in or causing to commit Child marriage in Nepal are liable to a term of imprisonment for a term not exceeding three years and a fine not exceeding NPR 30,000.

Transaction Marriage

In the context of Nepal, Marriage cannot be arranged or facilitated in the condition of receiving or providing any form of property, dowry, or any assets from either the Bridegroom or the Bride’s Side. Section 174 of the Penal Code has prohibited Transaction Marriage.

Customary Gifts, Donations, Money, or a Single Set of jewelry worn on the body have been allowed as per prevalent tradition and aren’t considered to be transaction marriage.

If an individual commits or causes to commit transaction Marriage in Nepal, they can be sentenced to imprisonment for a term not more than three years or a fine not exceeding NPR 30,000 or both.

Moreover, no individual is allowed to demand any form of property or dowry from the Birde or her Relative after the conclusion of Marriage. It is prohibited to annoy, harass, or treat in an inhuman/degrading manner the bride or her relative because the woman denied conferring Dowry or other Property.

Any Individual involved in the above conduct is liable to a sentence of imprisonment for a term not more than five years and a fine not more than NPR 50,000 or both.

Bigamy Law in Nepal

Bigamy has been forbidden by Section 175 of the National Penal Code which has provided that a married man with a continuous marital relationship cannot conclude another Marriage in Nepal. It further posits that a woman who realizes that a man is already married cannot conclude marriage with the Individual.

If an individual carries out or causes to carry out Bigamy in Nepal are liable to a sentence of Imprisonment for a term from one to five years and a fine of NPR 10,000 to NPR 50,000 in Nepal. Moreover, a Bigamy Marriage that has already been concluded is considered to be ipso facto Void.

Statute of Limitation

The Statute of Limitation for complaint of Marriage Related Crimes in Nepal is three months from the date of Knowledge.