Torture Law in Nepal

Torture or Inhuman/Degrading Treatment has been defined in Section 167 of the National Penal Code.

Elements of Torture in Nepal

First, such conduct should constitute either physical or mental, pain or suffering to the individual upon whom it is inflicted.

Second, such acts of Torture or Degrading/Discriminatory Treatment must have particular Purposes.

Third, such form of torture must have been extended to individuals who have been arrested, in custody, imprisoned, or under Preventive Detention.

Fourth, the Individual involved in the Torture must have a specified Interest in the individual who is tortured. The purposes for Torture are:

(a) To extract information on any matter,

(b) To coerce a confession of any offense,

(c) To punish for any action,

(d) To induce fear, intimidation, or coercion, or

(e) To carry out any other act contrary to the law.

Constitutional Provisions

Article 22 of the Constitution of Nepal has incorporated the Right against Torture as an essential fundamental right whose violation results in Strict Legal Consequences.

Sub-Article 1 provides that Individuals who are arrested or detained mustn’t be subjected to physical or Mental Torture or cruel, inhuman, or degrading Treatment.

If anyone violates the Right against Torture, they are subject to legal punishment and the victims have been ensured the right to seek compensation under the Law.

Provision of Torture Law in Penal Code

Section 167 of the National Penal Code has forbidden Torture in Nepal. Torture has been directly associated with the Legally Competent Authority involved in the Administration or Criminal Justice System of Nepal.

Competent authorities in Nepal have the power to investigation or prosecute Crimes and Offenses. They have the authority for the enforcement of Law, taking Individuals into Custody or detaining them Legally.

However, they are prohibited from subjecting any individual to Physical or Mental Torture. They are further prohibited from inflicting Cruel, Brutal, Inhuman or Degrading Treatment.

According to the Penal Code, Government Employees or Officials who commit Torture or Degrading/Inhuman Treatment against the prevailing law cannot plead a Superior Order or the enforcement of Senior Officials’ decision as a defense to escape the consequence of the Crimes. They cannot be excused from the applicable sentence for committing Torture.

Sub-Section 2 of Section 167 has stated that an Individual who commits Torture as a competent authority is liable to a sentence of imprisonment for not more than 5 years or a fine of not more than NPR 50,000 or both the sentences according to the Gravity of the Offense.

Furthermore, An Individual who orders the commission of the offense or is an accomplice during the commission of Torture by a competent authority is liable to the Same Sentence which is imposed on the Principal Offender.