Public/National Heritage Laws in Nepal

Offenses Against National and Public Heritages Chapter 8 Section 147 to 154

National Penal Code has established several Public/National Heritage Laws in Nepal in Chapter 8 Section 147 to Section 154. It has criminalized illegal ownership of Government and Community Property, sanctioned the encroachment of National Heritage and prohibited insulting National Heroes.

List of Public/National Heritage Laws

Ownership of Government and Community Property

Ownership of Government and Community Property in Nepal has been forbidden by Chapter 8 Section 147 of the National Penal Code. The Act has prohibited the Ownership, Occupation, Cultivation, Hindrance, Obstruction, and Encroachment of Government or Community Property without the prior approval of the Government of Nepal or the State Government or Local Level. The types of Land under this Law are:

1. Government buildings or land owned by the Government of Nepal, State Government, or Local Level.
2. Public property is controlled by the Government of Nepal, the State Government, or the Local Level.
3. Buildings or land owned by a public body that is fully or mostly controlled by the Government of Nepal, State Government, or Local Level.
4. Community or public houses and land that have been traditionally under community or public possession.

Moreover, if any above-mentioned land or building has been registered or transferred to the name of a private individual, it is considered to have been ipso facto void and canceled.

Individuals who illegally obtain ownership of Government and Community Property can result in a term of imprisonment for up to three years and a fine of up to NPR 30,000 or both.

Public/National Heritage

Public Heritage in Nepal includes the following, as provided in the Explanation Clause of the Section:

1. Traditional public pathways.
2. Roads, grazing lands, water bodies, cemeteries, and places for religious and cultural activities have been used by the public for a long time.
3. Sites for markets, divine places, public rest houses, historical monuments, and cultural sites.
4. Locations for religious and cultural events.
5. National forests are owned by the Government of Nepal, the State Government, or the Local Level.

The Act has prohibited the ownership of Public Heritage in Nepal. The Section forbids the acquisition of ownership of Public Heritage, either through registration or not.

It also prevents the obstruction of Public Possession or use of Public Heritage. Further, the act has sanctioned the occupation, cultivation, or encroachment of Public Heritage. It also prohibits causing harm, loss, or damage to Public Heritage.

If an Individual violates the law stated above, they can be sentenced to a term of imprisonment not more than five years or fined for up to NPR 50,000 or both. Moreover, if the Public Heritage has already been registered or transferred, it is declared void.

Encroachment of Natural Heritage

Natural Heritage has been defined as the following in Nepal:

1. National parks, wildlife reserves, and hunting areas designated by the Government of Nepal for the protection of nature, plants, and wildlife.
2. Conservation areas are designated by the Government of Nepal, along with rivers, lakes, waterfalls, mountain peaks, and other natural features.
3. Areas with protected wildlife, vegetation, or landscapes or controlled by the Government of Nepal, State Government, or Local Level.
4. Wildlife habitats, ecosystems, or medicinal herbs are prohibited for sale, distribution, export, or import.

Section 149 of the National Penal Code has declared it unlawful to encroach upon, possess, sell, or damage natural Heritage in Nepal or cause any harm or loss to the natural structure or beauty of such Natural Heritages.

An Individual who commits or causes to commit an unlawful encroachment of National Heritage in Nepal, they are liable to a term of imprisonment not more than 10 years and a fine equal to the damaged amount but not more than NPR 10,00,000 or both.

Public Physical Infrastructure Law

Public Physical Infrastructure includes the following:

1. Roads, pathways, bridges, tunnels, and airports.
2. Water reservoirs, canals, drinking water sources, ponds, powerhouses, electricity transmission centers, and related lines.
3. Ropeways, cable cars, telecommunication equipment, radio stations, television broadcasting centers, and their towers.
4. Railroads and railways.
5. Public bus stations, public parks, and other similar structures.

Section 150 of the Penal Code has prohibited the possession or destruction of Public Physical Infrastructure in Nepal except in accordance with law.

Offenders who are convicted for unauthorized possession of Public Physical Infrastructure are liable to imprisonment of not more than ten years and a fine of not more than NPR 1,00,000.

National Anthem, Flag, or Coat-of-Arms Law

It has been forbidden in Nepal to dishonor the National Anthem, flag, or Coat-of-Arms in order to spread hatred or cause annoyance. Moreover, it has been deemed illegal to inappropriately use these national Symbols. It is also considered an Aggravating Factor in multiple criminal cases.

Offenders who dishonor the National Anthem flag or Coat-of-Arms are liable to a sentence of imprisonment for up to three years or a fine of up to NPR 30,000 or both.

The Act has also misused the inappropriate use of another Country’s National Flag if it has been initiated to spread hatred or dishonor the country. It has been sanctioned to use the Emblem or Flag of the United Nations Organizations without approval.

Violation of the dishonor of National Anthem, Flag, or Coat of Arms results in a term of Imprisonment of not more than one year and a fine of up to NPR 10,000 or both.

National Figures/Heroes Law

Section 152 of the National Penal Code has prohibited insulting National Figures and Heroes of Nepal. One cannot intentionally spread hatred, enrage, or disrespect national figures/heroes. Further, one cannot damage or cause loss to statues, monuments, or memorials of National Figures/Heroes of Nepal.

It has allowed comments made in Good Faith for Academic, Research, or Analytical purposes.

Any Individual who commits or causes to commit insult to National Heroes or their physical manifestation is liable to a sentence of Imprisonment for a term not more than 6 Months or a fine not more than NPR 5,000 or both.

Statute of Limitation

For Ownership of Public or Community Property, Ownership of Public Heritage, and Encroachment of Natural Heritage, the act hasn’t specified the Statute of Limitation and the case can be filed anytime. However, for the rest of the Crimes, the complaint needs to be filed six months from the date of commission of the Offenses.