Offense Related to Property in Nepal

Introduction to Offense Related to Property

Offense related to property encompass activities or crimes that impede an individual’s right to utilize, transact, or enjoy their property, either directly or through succession.

Although most Property Cases and Property Law are of a civil nature, some are criminal due to the inclusion of elements such as fraud, theft, or unscrupulous behavior associated with these offenses.

Any property-related offenses within Nepal are subject to penalties under the National Penal Code 2074.

Unlawful Assembly to Obtain Property

According to Section 60, Sub-Section 2 (a) of the National Penal Code, an assembly of five or more individuals attempting to take or gain possession of another person’s property is considered a crime.

Engaging in an unlawful assembly to obtain property can lead to imprisonment for up to 6 months and a fine of up to Rs. 5,000.

However, if the assembly is armed with firearms or explosives, the penalties can extend to one year of imprisonment and a fine of Rs. 10,000.

Rioting to Cause Property Loss

If an unlawful assembly or any of its members employ force, cause destruction, or result in loss to public or private property, it constitutes the offense of rioting under Section 63, Sub-Section 2 of the National Penal Code.

The offense of rioting carries a maximum sentence of two years’ imprisonment and a fine of up to Rs. 20,000 if armed.

If not armed, the sentence is capped at one year of imprisonment and a fine of up to Rs. 10,000.

Prohibition to Destroy or Damage Essential Commodities

Section 73, Sub-Section 1 of the National Penal Code stipulates that damaging, setting on fire, destroying, or stealing essential commodities, whether public or private property, constitutes a criminal act and is subject to penalties.

Individuals found guilty of such actions can face an additional sentence of up to one year in prison or a fine not exceeding Rs. 10,000, or both.

Concealment of Property or Fraudulent Claim to Property

This provision prohibits any individual from fraudulently concealing, transferring, or delivering property that could be subject to forfeiture, retention, auction, sale, or enforcement.

Additionally, actions that conceal the property’s liability are also prohibited.

The prohibition of concealing property is outlined in Section 97 of the Act. Offenders may face imprisonment for up to two years, a fine not exceeding Rs. 20,000, or both.

Transactional Marriage

Offense related to property also extend to marriages involving transactions. Section 174 of the National Penal Code specifies that no marriage shall be conducted or caused to be conducted based on the condition of giving or receiving movable or immovable property.

This provision encompasses dowry and any other form of property transaction from either the bridegroom or bride’s side that ultimately finalizes the marriage.

Those who violate this provision could be sentenced to imprisonment for up to three years, a fine not exceeding Rs. 30,000, or both.

Theft

Section 241, Sub-Section 1 of the National Penal Code outlines that any person who dishonestly takes property under ownership or possession with the intention of claiming ownership or enjoyment commits theft, a punishable offense.

The punishment for theft varies depending on the circumstances:

1. Government or public property
2. Religious property
3. Theft causing unconsciousness
4. Theft during natural disasters or crises
5. Theft of property from an office or person being served

In such cases, the penalty can range from imprisonment for two to seven years and a fine of Rs. 20,000 to Rs. 70,000, or both.

In other straightforward cases of theft, the penalty consists of imprisonment for up to three years and a fine not exceeding Rs. 30,000, or both.

Robbery

Robbery has been deemed a criminal offense by Section 244 of the National Penal Code and is subject to legal penalties.

Conviction for robbery results in imprisonment for a duration ranging from seven to fourteen years, along with a fine ranging from Rs. 70,000 to Rs. 1,40,000 in cases involving weapons and other severe acts.

In most instances, robbery is punishable by imprisonment for five to ten years and a fine ranging from Rs. 50,000 to Rs. 1,00,000.

Criminal Misappropriation of Property

Criminal Misappropriation of Property is regarded as an actionable offense under Section 252 of the National Penal Code. The following actions are classified as Criminal Misappropriation of Property:

1. Dishonest usage, causing loss or damage to, or misappropriating another person’s property or rent.
2. Dishonestly converting property not under the possession of any other person for personal use without returning it to the owner, without notifying the owner to reclaim the property, or without waiting for a reasonable period.

Appropriation refers to the use of another person’s property without the owner’s consent. In such instances, the offender is liable to a prison term not exceeding three years and a fine not exceeding Rs. 30,000, or both:

1. Misappropriating the property of a deceased person.
2. Misappropriating the property of a child.
3. Misappropriating the property of an individual of unsound mind.
4. Misappropriating the property of a person aged seventy-five or older.

For other cases of Criminal Misappropriation of Property, the individual committing the offense faces a sentence not exceeding one year and a fine not exceeding Rs. 10,000.

Prohibition of Criminal Breach of Trust

Section 252, Sub-Section 2 of the National Penal Code stipulates that criminal breach of trust involves dishonestly appropriating or converting another person’s property for personal use or enabling others to use it.

The punishment for criminal breach of trust includes a prison sentence not exceeding five years and a fine not exceeding Rs. 50,000, or both. The misappropriated property must also be returned.

Prohibition of Acquiring Property Obtained by Committing an Offense

Section 287 of the National Penal Code restricts individuals from acquiring, holding, purchasing, or selling property reasonably believed to have been obtained through criminal activity.

Violators are subject to imprisonment for a term not exceeding five years and a fine not exceeding Rs. 50,000, or both.

The property must also be returned to the original owner.

Other Offense Related to Property in Nepal

Burglary

Section 243 of the National Penal Code categorizes burglary as a criminal offense, leading to a prison term ranging from three to five years and a fine ranging between Rs. 30,000 and Rs. 50,000.

Forgery and Fraud as Offense Related to Property

If an individual acquires property through forgery or fraud, they are obligated to return the property to the rightful owner.

Failure to do so may result in the recovery of the claimed amount of the property from the individual.

Criminal Trespass as Offense Related to Property

Section 284 of the National Penal Code prohibits unauthorized entry into another person’s property.

Criminal trespass involves entering a property without authorization and remaining there or continuing to use the property.

Furthermore, intimidating, insulting, or annoying the property owner or possessor can lead to a term of imprisonment not exceeding six months or a fine not exceeding Rs. 5,000, or both.

Conclusion

The National Penal Code categorizes property into movable and immovable forms, both of which can be linked to offense related to property.

Offense related to Property has been expanded in the National Penal Code 2074. However, the maximum punishment for such offenses is limited to fifteen years.

The code additionally prohibits unlawful property destruction, trespassing, fraudulent property claims, and other actions that could compromise societal morals and collective consciousness.