Theft in Nepal। Robbery and Burglary Law

Offenses Relating to Theft and Robbery Chapter 20 Section 241 to 248

Theft in Nepal has been penalized by the National Penal Code Chapter 20 Offences relating to Theft and Robbery. The Following Acts related to Theft has been deemed unlawful in Nepal:

1. Ordinary Theft
2. Burglary
3. Robbery
4. Pickpocketing
5. Carrying Theft Tools

Theft and its Punishment

Theft is strictly prohibited in Nepal by Section 241 of the National Penal Code. Its Sub-Section provides that no Individual shall commit or cause to commit Theft. Further, it has outlined what can be considered theft in Nepal:

For an Act to be theft, an Individual must take/steal someone else’s property without their consent with their intention to own, use, or enjoy it.

Further, if an Individual dishonestly moves or steals the property of another person without Granted Permission, it is also considered Theft.

If a person is convicted of committing theft or causing to commit theft in Nepal, they can be punished with a sentence of Imprisonment for not more than three years and fined not more than NPR 30,000.

However, for theft in the following circumstances, the offender is liable to a sentence of Imprisonment from two to seven years and fined from NPR 20,000 to NPR 75,000:

1. Stealing government or public property, religious items, or property from a temple.
2. Theft after administering liquor or drugs to someone or making them unconscious.
3. Taking advantage of crises like earthquakes, fires, floods, riots, or accidents for theft.
4. Stealing from the office or person one works for.
5. Theft from vehicles used for transporting people or goods.

Burglary also known as Nakabajani in Nepal is forbidden and criminally sanctioned in Section 243 of the National Penal Code which provides that no individual can commit or cause to commit burglary.

If an Individual commits theft inside the House of the Other, it is commonly known as Burglary. Generally, it happens when an individual enters a house by breaking the main Gate of the Victim or using other unusual passages to get inside the House.

Further, Burglary is also applicable if after stealing or committing Theft, the person attempts to leave the House by breaking the main gate or using an unusual alternative method to Exit.

An Individual who commits Burglary in Nepal is liable to Criminal Sentences of both Imprisonment and Fine. The Criminal can be sentenced to Imprisonment for a term of three to five years and can be fined from NPR 30,000 to NPR 50,000.

Robbery

Robbery has also been further Criminally Sanctioned with grave Penal Consequences in Nepal. Section 244 of the National Penal Code has prohibited Robbery in Nepal.

The following are the conditions of Robbery in Nepal:

1. Robbery generally happens by causing harm, fear, or intimidation to the Victim for attempting to kill or hurt someone, restricting or restraining the Movement of the Victim, or creating an atmosphere of Fear/Intimidation where the Victim is likely to die or get hurt. The Purpose of such conduct is to: Escape after the theft has been committed, Commit and Organize Theft, or get assistance during the act of Theft itself.
2. Robbery takes place if a group of three or more individuals commits theft in an organized manner.
3. Robbery can take place when an Individual gains economically or monetarily by threatening the Victim with death or Grievous Harm.
4. Robbery occurs if theft is committed by lurking near roads, forests, pathways, or isolated Areas or by creating Fear/Intimidation or using or threatening to use a deadly weapon during Theft.

If the Robbery is committed according to Condition 1 or 3 as mentioned above, then the Convicted Individuals are liable to be punished with Imprisonment for a term of seven to fourteen years and fined from NPR 70,000 to NPR 1,40,000.

If the Robbery is committed according to Condition 2 or 4 as mentioned above, then, the individuals that commit such Robbery can be punished with both Imprisonment and Fine. They can be imprisoned for a term of five to ten years and fined from NPR 50,000 to NPR 1,00,000.

Carrying Tools Used in Theft

Carrying Tools including Weapons, Duplicate Keys, Gloves, and Ladders that are typically carried for purposes of Theft and Robbery has been strictly forbidden in Nepal.

If an Individual is discovered with the tools mentioned above while attempting to enter a house, it is assumed by Criminal Law that they intend to commit theft unless proven otherwise.

Further, Individuals who carry tools during Theft and are found in a related Act can be Imprisoned for up to one year or fined up to NPR 10,000 or Both.

Recovery of Claimed Amount

The Claimed Amount from the Robbery or Theft or the amount the offender has theft must be rightfully returned to the Owner. If the Criminal has spent the property, a property equal to the Value of the Claimed Amount must be paid to the Victim/Owner of the Property.

Statute of Limitation

For Individuals who are discovered with Tools used in Theft, a complaint can be filed three months from the date of Knowledge of the Commission of Offence.

For Theft and Robbery Crimes in Nepal, the Statute of Limitation for reporting these Crimes is six months from the date of Knowledge of the Commission of Offence.