Punishment in Nepal

Punishment in Criminal Law is the consequence, through the State and Judicial Mechanism, of the criminal activity conducted by the Offender who is found guilty of having carried out a Crime.

Criminal Offence (Sentencing and Execution) Act 2074 has laid down the detailed substantive provisions related to criminal offense and punishment in Nepal. Moreover, the National Penal Code has provisioned provisions regarding Punishment and Interim Relief in Chapter 2 of the Code from Section 40 to Section 48.

Types of Punishment in Nepal

Section 40 has provisioned for Seven major types of Punishment in the context of Nepal for crimes committed as provided in the National Penal Code:

1. Imprisonment for life,
2. Imprisonment,
3. Fine,
4. Imprisonment and a fine,
5. Compensation,
6. Imprisonment in case of failure to pay a fine or compensation,
7. Community service as an alternative to imprisonment.

The Act has also abolished the provision of Confiscation of Property as a penalty for criminal offenses in Nepal. It provides that previous permission to confiscate Property cannot be applied after the act.

It has also limited that no fine of less than NPR 1 or imprisonment term shorter than 1 Day can be imposed.

Imprisonment for Life

Section 41 of the National Penal Code has established Imprisonment for Life in Nepal where the offender is imprisoned for the whole of their natural life. The Conditions for imposing a sentence of imprisonment on an offender is:

1. Murder involving cruelty, torture, or inhumane actions,
2. Murder committed through aircraft hijacking or explosion,
3. Murder involving kidnapping or hostage-taking,
4. Murder caused by the public poisoning of beverages or food,
5. Genocide or offenses aimed at committing genocide by destroying the identity of a caste, race, or group,
6. Murder combined with rape.

Except for the above crimes, the sentence of Imprisonment for Life in Nepal is the term of twenty-five years.

Punishment on Children

It is Section 45 of the National Penal Code 2074 that has stated that minors that haven’t attained the age of ten while committing a crime are not liable to any penalty or punishment in Nepal.

For Persons from the age of Ten years to Fourteen Years, a maximum of six months of imprisonment or a placement in a reform home for up to a year is given instead of Regular Imprisonment.

Persons from the age of 14 years to 16 years are liable to face half of the term of imprisonment or penalty as applicable to adults.

For Individuals from the age of Sixteen to Eighteen Years, a penalty of imprisonment is applicable for 2/3rd of the adult penalty.

Imprisonment for Fine

If an Offender isn’t financially able to pay fines as stipulated by law, they can be imprisoned as an alternative. The Length of Imprisonment for Non-Payment is as follows:

1. If the crime is punishable by imprisonment and fines then the term of imprisonment cannot exceed Ten Years.
2. If the crime is punishable by either imprisonment or a fine and the criminal is sentenced to a fine, the term of imprisonment cannot exceed half the maximum term of Imprisonment.
3. If the crime is punishable by only a fine, the term of imprisonment cannot exceed two years.

In the conditions of a non-payment of Fine of a child, the offense is punishable by fine only or either by fine or imprisonment, then, the fine needs to be exempted.

If the crime is punishable by imprisonment or fine or both and the child is sentenced to a fine only, the Child must be allocated a term of Imprisonment of less than 3 Months, if the Child is unable to pay the fine.

Sentence Remission

According to Section 47 of the National Penal Code, if an offender confesses to a crime, is helpful during the collection of evidence, and provides relevant support to the authorities, the Court may have up to 50% of the Sentence of Punishment remitted.

In the following conditions, the Individuals are not eligible for Sentence Remission in Nepal:

1. If the remission has been previously granted
2. If individuals are convicted of Imprisonment-Related Offenses without three years of the completion of the prior sentence.
3. If they are committed for a similar offense for which remission is desired

Interim Compensation

If the victim of a crime requires immediate medical treatment, compensation, or relief as a consequence of the Crime that could be potentially committed by the accused, the court can issue an Interim Order requiring the accused to provide such punishment and compensation immediately.

Furthermore, the accused must provide compensation and/or relief to the victim with promptness.

If the accused fails to provide the compensation, it is to be sourced from the Victim Relief Fund and the accused must repay the sum to the Fund.

However, if the guilt of the accused is not proved, the recipient of the compensation must return such compensation within 35 days of the Court Decision. If they fail to do so, the court recovers the amount.

Conclusion

As stipulated in the Act, if a person is convicted of multiple crimes on a single or different instance, those crimes must be aggregated and considered single. The Offender will also be penalized with the maximum punishment and an additional penalty that is half of the maximum penalty for such offenses.

If an Individual, within five years of completing a sentence of imprisonment or receiving a pardon commits another heinous/serious crime, they are said to have been a repeat offender.