General Principles of Criminal Law in Nepal

Introduction to Principles of Criminal Law in Nepal

General Principles of Criminal Law and Justice in Nepal has been incorporated in Chapter 2 of the National Penal Code Act 2017 from Section 6 to Section 32 of the Act. These Principles are the primary principles and theoretical basis for Criminal Law in Nepal and the process of dealing with the accused in committing Crimes under the Act.

(6) Lawful act not to be an offense

It has been stated in the Penal Code that any action required to be committed by law or excused by law cannot be considered a crime.

(7) Not punishment except following law

One cannot be punished in Nepal for committing an act that isn’t exclusively prohibited by the Law. Also, the punishment prescribed to the offender cannot be higher than stated by the Penal Code and other Criminal Laws.

(8) Act is done by mistake of fact not to be an offense

If one believes that the law compulsorily requires them to perform an act in good faith or that the law excuses their action due to a mistake of Fact, that act cannot be considered a Crime. However, Ignorance of the Law isn’t a valid excuse.

(9) No punishment again for the same offense

No Individual can be tried or punished again for the commission of the Same Crime/Offense.

(10) No deprivation of fair trial

No one in Nepal can be denied a Fair Trial in Nepal during any legal proceeding by a competent Court or Judicial Authority.

(11) No compulsion to testify against oneself

Any individual accused of a crime cannot be forced to testify against themselves.

(12) Presumption of innocence until proven guilty

Any person accused of a crime is presumed innocent until proven guilty.

(13) Act of a child not to be an offense

Actions and Conduct performed by Children under ten years of age are not considered to be a crime or offense in Nepal.

(14) Act of a person of unsound mind not to be an offense

Actions and conduct by individuals cannot understand the nature, characteristics, or consequence of their actions because Mental unsoundness is not considered to be an offense.

(15) Act done by consent not to be an offense

Any act that can potentially cause harm is not a crime or offense with the consent of a person over Eighteen Years. However, it cannot cause Death or Serious Harm.

(16) Act done for benefit by consent not to be an offense

Actions done in good faith, for the benefit with the consent of another person cannot be considered as Crimes in Nepal.

(17) Act done for benefit by consent of guardian not to be an offense

Acts performed in Good Faith and with the consent of the Guardian to benefit individuals below 18 years of age or unsound mind are not considered crimes. However, it need not cause death or serious harm.

(18) Act done for benefit without consent not to be an offense

In conditions when an action is required to be done immediately for the benefit of the person but cannot give immediate consent, such acts performed in good faith with due care cannot be considered to be a crime.

(19) To be considered an offense even committed by consent

If any of the acts conducted in Sections 15,16,17 is considered to be another offense under the law, then the act is considered to be an offense despite being conducted by consent.

(20) Consent

Consent is when someone agrees, either by speaking, writing, through gestures, or by their actions. In these situations, Consent is not valid in Nepal:

• Consent by Mistake of Fact or Fear or Threat
• Consent by a person with Mental Illness
• Consent by Child under the age of 18
• Consent under undue influence

(21) Harm caused by communication made in good faith not to be an offense

If someone shares information or communicates with good intentions and causes harm to the person, it cannot be considered as an offense.

(22) Act compelled by fear, a threat not to be an offense

If an individual is forced to do something out of threat or fear and if not doing such an act could lead to death or serious injury, it isn’t considered to be an offense. However, it doesn’t apply to Murder, Rape, an offense against the State, etc.

(23) Act done in good faith to prevent other harm, injury not to be an offense

For conditions when someone does an act with the knowledge that it might cause harm or injury but it prevents greater harm or injury, then, it shall not be considered to be an offense.

(24) Act done for private defense not considered to be an offense

When one acts to protect themselves or someone else or their life, body, or property, it can’t be considered a crime.

(25) Restriction on the exercise of right of private defense

The Situations where the right to private defense cannot be used are:

1. When there is enough time to seek help from public authorities immediately to protect oneself or others from illegal harm.
2. When the harm to a person’s body or property is provoked by that person.
3. When a public servant, acting in good faith, acts as part of a judgment or court order.
4. When a public servant, in good faith, exercises their official power.
5. When a person, in good faith, acts based on the directions of a public servant.

(26) No right to cause death

While one exercises the right of private defense, one cannot intentionally cause the death of another individual. However, it is allowed in these conditions:

1. When there is a reasonable belief that an assault on oneself or another person would result in death, serious injury, or grievous harm unless immediate defense is used against such an assault.
2. When an act is immediately performed by the victim who reasonably believes that the assault is being committed with the intent to commit rape, either during or after the commission of rape.
3. When hostage-taking or kidnapping is executed with the intent to cause death, taking ransom for hostage-taking, committing rape, or causing grievous harm.
4. When an attempt is made to cause harm by seizing, using a deadly weapon, setting fire, or employing explosive substances on a building, etc.
5. When it is necessary to defend against robbery.
6. When circumstances require an immediate response by a security personnel.

(27) Act causing slight harm not to be an offense

Actions that cause minor harm that an ordinary individual wouldn’t complain about are not considered a crime in Nepal.

(28) Major liable to punishment for the offense caused to be committed by a child

If a child commits an offense because they were influenced or lured by an adult, the adult is held responsible as if they committed the crime.

(29) Criminal intention not to be examined in strict liability offense

It is not required to prove Criminal Intent in crimes and offenses related to Strict Liability.

(30) Criminal liability for an offense committed by a body corporate to be vested in one who commits or causes the commission of the act

If a company or any other Corporate Body commits an offense, the person who committed or caused the offense needs to be held responsible. However, if the individual can’t be identified, the owner, partner, or director of the Company needs to be held responsible.

(31) All members are to be punished for an offense committed by a group

If a group commits an offense, all members of the group can be punished for the Crime in Nepal.

(32) Victim of crime to be entitled to obtain information of proceedings of case and compensation

Crime Victims have the right to information about the Judicial Proceedings and the cases and are entitled to compensation for their losses.