chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Criminal Code, 2017

73. Not to damage or destroy essential goods: Amended by the Act Amending Certain Nepal Acts Relating to the Civil Code, 2018.(1) No person shall, by committing any offence under this Chapter, cause or cause to cause harm, damage, destruction or arson to any property deemed an essential commodity by law or to public or private property, or spoil such property or property by using another person or by themselves.

(2) A person who commits an offence under sub-section (1) shall, in addition to the punishment for the offence under this Chapter, be liable to imprisonment for up to one year or a fine of up to ten thousand rupees or both.

(3) If loss or damage to such property or property has been caused by the offence under sub-section (1), compensation according to the amount of loss shall also be recovered from such person.

(4) If the person committing the offence under sub-section (1) is identified, that person shall be deemed to have committed the offence, and if such person is not identified, the person who incited or ordered such act shall be deemed to have committed the offence. 74. Limitation: No complaint may be lodged for an offence under this Chapter after the expiry of three months from the date of such offence. Chapter-3

Offences relating to Disobedience to the Authority of a Public Official

75. Not to obstruct the service of summons, notices, etc.: (1) When serving a summons, notice, arrest warrant, information or order issued under the law, or conducting a search, seizure, survey, map or site inspection, or arresting someone under a warrant, no person shall obstruct or cause obstruction.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to six months or a fine of up to five thousand rupees or both.

(3) If an offence under sub-section (1) is committed by a public servant, such person shall be subject to additional imprisonment for up to three months. 76. Not to refuse to receive a summons, notice, information or order: (1) If a person is brought a summons, notice, arrest warrant, information or order issued under the law in their name, that person shall not maliciously refuse to receive such summons, notice, arrest warrant, information or order.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to three months or a fine of up to five thousand rupees or both. 77.
Muluki Criminal Code, 2017

77. Not to evade service of summons, notice, information or order: (1) A person required to receive a summons, notice, arrest warrant, information or order issued by an authorized officer shall not maliciously evade service to avoid receiving such summons, notice, arrest warrant, information or order.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to three months or a fine of up to five thousand rupees or both. 78. Not to tear down or remove summons, notices, etc.: (1) No person shall maliciously tear down or remove a summons, notice, arrest warrant, information or order posted under the law while its purpose is still pending.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to six months or a fine of up to five thousand rupees or both. 79. Not to falsely effect service: (1) A person who has a duty to serve or cause to serve process under the law shall not falsely effect service.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to one year or a fine of up to ten thousand rupees or both. 80. Not to refuse to produce a document: (1) A person who has a legal duty to produce or send a document before any office, court or public servant under the law shall not refuse to produce or send such document.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to six months or a fine of up to five thousand rupees or both. 81. Not to make a false statement by a person who has taken an oath: (1) A person who has a legal duty to state the truth before an authorized officer or who has taken an oath, or a person who has taken an oath under the law and holds a public office, shall not, in that capacity, make a false statement.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to two years or a fine of up to twenty thousand rupees or both. 82. Not to refuse to take an oath: (1) A person who appears before an authorized officer to state the truth shall not refuse to take an oath when ordered to do so for the purpose of making such statement.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to three months or a fine of up to five thousand rupees or both. 83.
Muluki Criminal Code, 2017

83. Not to refuse to answer: (1) A person who has a legal duty to state the truth on a matter before an authorized officer shall not refuse to answer a question put by such officer on that matter. Provided that no person shall be compelled to give a statement against themselves.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to six months or a fine of up to five thousand rupees or both. 84. Not to provide false information: (1) No person shall give false information to any public servant with the intent to prevent such public servant from doing what the law requires them to do, or to cause them to do what they are not required or not permitted to do.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to one year or a fine of up to ten thousand rupees or both. 85. Not to obstruct or oppose: (1) No person shall obstruct or oppose any public servant who is about to perform their official duty, by use of force, violence, or mob action, or in any other manner, hindering the performance of their duty.

(2) No person shall knowingly obstruct or oppose the process of inventory, attachment, seizure, auction or sale of any property under the law.

(3) A person who commits or causes to commit an offence under sub-section (1) or (2) shall be liable to imprisonment for up to one year or a fine of up to ten thousand rupees or both. 86. Not to refuse to assist a public servant: (1) When a public servant is performing their official duty, a person who has a legal duty to assist in such work shall not refuse to provide assistance accordingly.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to six months or a fine of up to five thousand rupees or both. 87. Not to disobey an order: (1) No person shall disobey an order of an authorized officer under the law by failing to do what is required by law to be done, or by doing what is not permitted to be done, thereby disobeying such order.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to six months or a fine of up to five thousand rupees or both. 88.
Muluki Criminal Code, 2017

88. Limitation: No complaint may be lodged for an offence under Sections 78, 80 and 83 of this Chapter after the expiry of three months from the date of knowledge of such offence, and for offences under other Sections, after the expiry of three months from the date of such offence. Chapter-4

Offences against Public Justice

89. Not to fabricate false evidence: (1) Except as otherwise provided in this Code, no person shall, with the intent to use as evidence in judicial or other legal proceedings, fabricate false evidence, create false circumstances, create any false document or electronic record, or record a false statement in any document or electronic record.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to five years and a fine of up to fifty thousand rupees. Provided that if any person has been sentenced to life imprisonment on the basis of such false evidence, the punishment shall be imprisonment for up to seven years and a fine of up to seventy thousand rupees.

(3) Notwithstanding anything elsewhere written in this Section, punishment under this Section shall not exceed the maximum punishment possible for the offence in relation to which the false evidence was fabricated. 90. Not to make or give a false certificate: (1) A person who has the authority or duty to submit, certify, authenticate, submit an affidavit or give a certificate regarding any matter under the law shall not knowingly submit, certify, authenticate or give a certificate containing false statements.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to two years and a fine of up to twenty thousand rupees. 91. Not to use false evidence or certificate: (1) No person shall, knowing that any evidence or certificate is false, use or cause to use such evidence or certificate as true evidence or certificate.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to three years and a fine of up to thirty thousand rupees. 92.
Muluki Criminal Code, 2017

92. Not to destroy documents: (1) A person who has a legal duty to produce a document or electronic record as evidence in any judicial or other legal proceeding shall not knowingly destroy, mutilate to make it illegible, or otherwise render it unusable as evidence.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to two years and a fine of up to twenty thousand rupees.

(3) No person shall, contrary to law, knowingly destroy, mutilate to make it illegible, or otherwise render it unusable as evidence, or unlawfully remove, or unauthorizedly give to anyone, any document or electronic record produced in any judicial or other legal proceeding.

(4) A person who commits or causes to commit an offence under sub-section (3) shall be liable to imprisonment for up to four years and a fine of up to forty thousand rupees.

(5) If an offence under sub-section (1) or (3) is committed by a public servant, such person shall be liable to double the punishment mentioned in that sub-section. 93. Not to suppress evidence of an offence: (1) No person shall, with the intent to save an offender, suppress, destroy, or render unusable as evidence any evidence relating to the offence committed by such offender.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to three years and a fine of up to thirty thousand rupees. 94. Not to obstruct giving information: (1) No person shall prevent or obstruct in any manner a person who has knowledge that an offence has been or is about to be committed, and who goes to give information or report about such offence to the police or an authorized officer.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to two years or a fine of up to twenty thousand rupees or both. 95. Not to shelter an offender: (1) No person shall, knowingly, with the intent to prevent an offender from being arrested or from receiving punishment under the law, give shelter to such offender.
Muluki Criminal Code, 2017

95. Not to shelter an offender: (1) No person shall, knowingly, with the intent to prevent an offender from being arrested or from receiving punishment under the law, give shelter to such offender. Explanation: For the purpose of this Section, "offender" means a person who is suspected of an offence, accused, or convicted by a court.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be punished as follows:-

(a) If shelter is given to an offender of an offence punishable with life imprisonment or imprisonment for up to twenty years, imprisonment for up to five years and a fine of up to fifty thousand rupees,

(b) If shelter is given to an offender of an offence punishable with imprisonment for up to ten years, imprisonment for up to three years and a fine of up to thirty thousand rupees,

(c) If shelter is given to an offender of an offence other than those mentioned in clause (a) or (b), imprisonment or fine up to one-fourth of the maximum imprisonment or fine possible for that offence, or both.

(3) Notwithstanding anything written in sub-section (1), if shelter is given by the husband or wife, father, mother, son, daughter, elder brother, younger brother, elder sister, younger sister, grandfather, grandmother, grandson, granddaughter, mother-in-law, father-in-law, daughter-in-law or son-in-law of the offender, it shall not be deemed an offence under this Section. 96. Duty to give information of an offence: (1) A person who has a legal duty to give information of an offence, upon knowing that an offence has been or is about to be committed, shall not fail to give such information, and a person who has knowledge of an offence shall not knowingly give false information.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to two years or a fine of up to twenty thousand rupees or both. 97.
Muluki Criminal Code, 2017

97. Not to conceal property or make false claim to property: (1) No person shall, with the intent to prevent property that is subject to confiscation, attachment, inventory, seizure, auction or sale, or property that is to be handed over for enjoyment, or the right over such property or inventory, from being confiscated, attached, inventoried, seized, auctioned or sold, or from being enjoyed, as per the decision of a court or authorized officer, maliciously conceal such property or the right over it, transfer or cause to transfer it to someone, or make a claim over such property or right.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to two years or a fine of up to twenty thousand rupees or both. 98. Not to file a false complaint: (1) No person shall, with the intent to cause harm or harassment to anyone, file a complaint or information against any person before an officer authorized to conduct judicial proceedings, making a false claim or accusation.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to up to half the maximum punishment possible for the offence of which the false accusation was made. Provided that this Section shall not apply to cases on behalf of the Government of Nepal.

(3) If the victim of an offence under sub-section (1) has suffered any loss or damage, compensation for that shall be recovered from the offender and paid to the victim. 99. Not to conduct malicious investigation or prosecution: (1) An officer responsible for investigation or prosecution under the law shall not, with the intention of framing an innocent person or protecting the actual offender, maliciously conduct an investigation or bring a charge.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to six months or a fine of up to five thousand rupees or both.

(3) If any person has suffered any loss or damage from an offence under sub-section (1), such person may recover compensation from the offender. 100. Not to remain absent contrary to bail conditions: (1) A person released on bail for an accusation of an offence shall not, without reasonable cause, remain absent from the office or court where bail was given, contrary to the conditions of bail.
Muluki Criminal Code, 2017

100. Not to remain absent contrary to bail conditions: (1) A person released on bail for an accusation of an offence shall not, without reasonable cause, remain absent from the office or court where bail was given, contrary to the conditions of bail. Explanation: For the purpose of this Section, "bail" means cash, Amended by the Act Amending Certain Nepal Acts Relating to the Civil Code, 2018.guarantee, bank guarantee or personal bond.

(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for up to one year or a fine of up to ten thousand rupees or both.

(3) If a person who remains absent under this Section is convicted of the offence with which they were charged, the punishment under this Section shall be added to the punishment for that offence.

(4) If a person released on personal bond under the law fails to appear before the office or court according to such bond, the person providing such personal bond shall be liable to a fine of up to fifty thousand rupees.

(5) A person punished under this Section shall not be eligible for personal bond for up to three years. 101. Not to resist arrest or escape from custody: (1) If an arrest warrant has been issued under the law to arrest a person, such person shall not knowingly use force to resist arrest during the process of arrest or when being arrested, or if already arrested, to avoid arrest; and a person in lawful custody shall not escape or attempt to escape from custody.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to three years or a fine of up to thirty thousand rupees or both. 102. Not to rescue from arrest or aid escape from custody: (1) No person shall knowingly obstruct or oppose the rescue of a person for whom an arrest warrant has been issued under the law during the process of arrest or at the time of arrest, or if such person has already been arrested, knowingly aid in their escape or help them to escape from lawful custody.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to three years or a fine of up to thirty thousand rupees or both.

(3) If an offence under sub-section (1) is committed or caused by a public servant, such person shall be liable to double the punishment mentioned in sub-section (2). 103.
Muluki Criminal Code, 2017

103. Limitation: (1) Complaints may be lodged at any time for offences under Section 101 or 102.

(2) For an offence under Section 100, no complaint may be lodged after the expiry of three months from the date of such offence, and for other offences under this Chapter, no complaint may be lodged after the expiry of three months from the date of knowledge of such offence. Chapter-5

Offences against Public Interest, Health, Safety, Convenience and Morality

104. Not to spread infectious disease: (1) No person shall spread or do any act that may spread any kind of infectious disease that can endanger the life of another.

(2) A person who commits or causes to commit an offence under sub-section (1) shall, if done intentionally or knowingly, be liable to imprisonment for up to ten years and a fine of up to one hundred thousand rupees; if done negligently, imprisonment for up to five years and a fine of up to fifty thousand rupees; and if done carelessly, imprisonment for up to three years and a fine of up to thirty thousand rupees. 105. Not to spread the disease of Human Immunodeficiency Virus (HIV): (1) No person shall, knowing that they or any other person has the Human Immunodeficiency Virus (HIV) or Hepatitis B virus in their body, give their blood or cause to give such person's blood, or engage in sexual contact with another without taking any kind of precaution, or cause their own or such person's blood, semen, saliva, sputum or any human organ to enter another's body in any manner, with the intent to transmit such disease.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to ten years and a fine of up to one hundred thousand rupees. Provided that, if such disease is transmitted due to negligence or carelessness without the intent to transmit, the punishment shall be imprisonment for up to three years and a fine of up to thirty thousand rupees.

(3) If the victim themselves went to engage in sexual contact with a person who has the Human Immunodeficiency Virus or Hepatitis B virus, such person having the virus shall not be deemed to have committed an offence under this Section. 106.
Muluki Criminal Code, 2017

106. Not to violate law relating to communicable disease: (1) No person shall violate rules, directions or orders issued by the Government of Nepal, Provincial Government or Local Level, or by an authorized officer under the law, regarding communicable disease.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to six months or a fine of up to five thousand rupees or both. Provided that, if the violation of such rules, directions or orders results in a situation that may cause

123. Not to Perform Sexual Act in Public Place: (1) No person shall perform a sexual act with any person in a public place or in any other place in such a manner that it is visible to other people, or perform any kind of unnatural intercourse.

(2) A person committing an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both. 124. Not to Cause Public Nuisance: (1) Except as otherwise provided by law, no person shall, by doing any act or by omitting to do any act required to be done by law, cause any kind of harm, loss, damage or danger or annoyance to neighbours or the general public.

(2) A person committing an offence under sub-section (1) shall be liable to a fine not exceeding twenty-five thousand rupees. 125. Not to Gamble or Bet: (1) No person shall gamble or cause any other person to gamble.

(2) A person committing an offence under sub-section (1) shall be liable to the following punishment:–

(a) For a person gambling or causing another to gamble for the first time, imprisonment for a term not exceeding three months or a fine not exceeding thirty thousand rupees,

(b) For a person gambling or causing another to gamble from the second time onwards, imprisonment for a term not exceeding one year and a fine not exceeding fifty thousand rupees, and for each subsequent offence, an additional imprisonment for a term not exceeding three months and a fine not exceeding ten thousand rupees. Explanation: For the purpose of this Code:

(1) "Gambling" means any kind of game or process where a bet is placed to win or lose, or gain or forfeit any kind of movable or immovable property or consideration based on chance, and said word also includes a bet or wager placed by oneself on the win or loss of others without oneself gambling, to gain or forfeit any movable or immovable property or consideration.
Muluki Criminal Code, 2017

Provided that the following games or activities shall not be deemed gambling:–

(a) A game operated with the approval of the Government of Nepal, for entertainment at any public festival, fair, feast, festival, exhibition or ceremony, involving winning or losing some petty movable property,

(b) A lottery operated with the approval of an authorised official.

(2) "Causing another to gamble" means a person who, by knowingly making available a house, room, place or vehicle under one's own right, possession, usage, ownership or responsibility, or by making available any kind of means for gambling, causes another to gamble.

(3) The means used for gambling and all movable and immovable property obtained from gambling shall be confiscated. Provided that the house, room, place or vehicle where gambling took place shall not be confiscated.

(4) No person shall bet or cause any other person to bet.

(5) For the purpose of sub-section (4), if a person places a bet on the loss or win of a particular side in any game or process that may lawfully be played or caused to be played, to gain or forfeit any movable or immovable property or consideration, he or she shall be deemed to have committed the offence of betting.

(6) In case of an offence under sub-section (4), the subject matter of the bet shall be confiscated, and the person committing the offence shall be liable to imprisonment for a term not exceeding one year and a fine not exceeding ten thousand rupees.

(7) For an offence under this section, each count shall be determined on the basis of a conviction by the court. 126. Not to Beg or Cause to Beg: (1) No person shall beg in any public place, or incite a child to beg under the pretext of singing, dancing, playing or doing any work, or give any kind of money or remuneration to any other person to beg or to incite begging.

(2) A person committing an offence under sub-section (1) shall be liable to the following punishment, and the proceeds of begging shall also be confiscated:–

(a) For begging for the first time, imprisonment for a term not exceeding one month or a fine not exceeding one thousand rupees, and from the second time onwards, imprisonment for a term not exceeding two months or a fine not exceeding two thousand rupees for each time,

(b) For causing another to beg for the first time, imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both, and from the second time onwards, imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both for each time.
Muluki Criminal Code, 2017

Explanation: For the purpose of this section:

(1) If any ascetic (sadhu), saint, yogi or monk begs from door to door according to an immemorial tradition, or if begging is done in connection with any religious or cultural activity, such act shall not be deemed an offence under this section,

(2) "Public place" means a road, lane, park, vehicle station, government office or office premises, and said word also includes a vehicle used by the public. Added by the Act to Amend Some Acts Relating to Criminal Offences and Criminal Procedure, 2079.126a. Not to Accept Assistance in the Name of a Victim of an Offence: (1) No person shall, by citing the reason that a person is a victim of an offence, with or without displaying his or her picture, by making a public appeal or through social media or otherwise, solicit, accept or receive any kind of cash or kind in the name of donation, facility, assistance or grant from any person on behalf of such victim of the offence or a member of his or her family, for the purpose of providing medical treatment, any other kind of relief or facility, or for any other purpose.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding three months or a fine not exceeding five thousand rupees, and the cash or kind so received shall be confiscated.

(3) Notwithstanding anything contained elsewhere in this section, if a victim of an offence or a family member thereof receives any assistance or facility from the Government of Nepal, a Provincial Government or a Local Level, or receives assistance voluntarily given by any social organisation or any individual, it shall not be deemed to have committed an offence under this section. 127. Compensation to Be Recovered: If any person suffers harm, loss or damage to property from an offence under sections 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118 and 124 of this Chapter, the person causing such harm, loss or damage shall be required to pay compensation to the person so harmed, lost or damaged. 128.
Muluki Criminal Code, 2017

128. Limitation: (1) In respect of any offence under this Chapter resulting in the death of a person, a complaint may be filed at any time.

(2) In respect of an offence under sections 113, 114, 115, 116, 117, 118, 119, 120, 121 and 122, no complaint shall lie after the expiry of three months from the date of commission of such offence, and in respect of other offences under this Chapter, no complaint shall lie after the expiry of six months from the date of knowledge of the commission of such offence. Chapter-6

Offences Relating to Arms and Ammunition

129. Not to Manufacture Arms Without License: (1) No person shall, without obtaining a license, or even if a license has been obtained, contrary to the conditions and restrictions mentioned in the license, manufacture or repair arms or ammunition. Explanation: For the purpose of this Code:

(a) "Arms" means a cannon, mortar, armoured vehicle, machine gun, rifle, gun, pistol, revolver or other similar devices operated with or without ammunition, and said word also includes machines, equipment and spare parts for making arms,

(b) "Machine gun" means a Bren gun, Lewis gun, Sten gun, machine carbine, Tom's machine carbine, G.M.G., short machine gun or other similar automatic arms, and said word also includes machines, equipment and spare parts for making machine guns,

(c) "Ammunition" means gunpowder, cap, bullet, pellet, detonator, cartridge, fuse or other similar substances used in arms.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees, having regard to the seriousness of the risk of arms or ammunition. 130. Not to Deal in Arms Without License: (1) No person shall, without obtaining a license, or even if a license has been obtained, contrary to the conditions and restrictions of the license, deal in arms and ammunition. Explanation: For the purpose of this Chapter, "Dealing" means the act of purchasing, selling, transporting, acquiring ownership, transferring, storing or collecting, warehousing, exporting or importing.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding seven years and a fine not exceeding seventy thousand rupees. 131.
Muluki Criminal Code, 2017

131. Not to Acquire Certain Types of Arms: (1) No person shall, by purchasing, selling, or through donation, gift, reward, partition, inheritance or any other means, acquire, keep, store, warehouse, use without the order of an authorised official, transport, export or import the following arms:–

(a) Armoured vehicle (tank) and its ammunition,

(b) Cannon or mortar and its ammunition,

(c) Machine gun and its ammunition,

(d) Any kind of rifle and its ammunition,

(e) Other arms and their ammunition specified by an authorised official as not permissible for the general public to acquire or keep.

(2) A person acquiring arms mentioned in sub-section (1) shall, within thirty-five days from the date of acquisition of such arms, deposit them at the concerned District Administration Office.

(3) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding seven years and a fine not exceeding seventy thousand rupees.

(4) Notwithstanding anything contained elsewhere in this section, nothing shall be deemed to obstruct officers and soldiers of the Nepali Army, Nepal Police, Armed Police Force, Nepal, or other security personnel authorised by law to use arms, from keeping or using such arms in the course of performing their duties relating to security work. 132. Not to Keep or Carry Arms Without License: (1) No person shall, without obtaining a license, or even if a license has been obtained, contrary to the conditions and restrictions of the license, acquire, keep, warehouse, use or carry arms that are permissible to acquire, keep, warehouse, use or carry under law. Provided that nothing shall be deemed to obstruct officers and soldiers of the Nepali Army, Nepal Police, Armed Police Force, Nepal, or other security personnel authorised by law to use arms, from keeping, using or carrying such arms with them in the course of performing their duties relating to security work.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees. 133.
Muluki Criminal Code, 2017

133. Record of Arms and Ammunition Dealing to Be Maintained: (1) A person licensed to deal in arms or ammunition shall maintain a separate record of the arms or ammunition dealt with.

(2) The record maintained under sub-section (1) shall, in addition to other matters, mention the following:–

(a) The type, description and quantity of arms purchased, sold, transported, warehoused, exported or imported,

(b) If arms were sold to any person, the name, surname, address, citizenship or passport number and the date and place of issue of the purchaser.

(3) A person dealing in arms or ammunition shall, when required by the officer controlling or administering arms and ammunition, the officer investigating the case or the court, produce or present the record under sub-section (2).

(4) Except for a person engaged in the commercial dealing of arms or ammunition after obtaining a license, any other person who needs to deal in arms or ammunition shall do so only after obtaining the approval of the concerned District Administration Office.

(5) A person doing or causing to do an act contrary to sub-section (1), (3) or (4) shall be liable to imprisonment for a term not exceeding two years and a fine not exceeding twenty thousand rupees. 134. Not to Produce or Deal in Nuclear, Chemical, Biological or Toxic Arms: (1) No person shall manufacture, produce, purchase, sell, acquire, hold ownership, transfer, store, stockpile, transport, export or import, or invest in or manage any kind of nuclear, chemical, biological or toxic arms, or cause such acts to be done. Explanation: For the purpose of this section:

(a) "Chemical weapon" means a chemical weapon as defined in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, concluded in Paris on 29th Poush, 2049 (13 January, 1993).

(b) "Biological or toxic weapon" means a biological or toxic weapon as defined in the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, concluded in London, Moscow and Washington on 28th Chaitra, 2028 (10 April, 1972).

(2) A person committing an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding twenty years and a fine not exceeding two hundred thousand rupees. 135. Movable and Immovable Property Related to Offence to Be Confiscated: In case of any offence under this Chapter, the arms and ammunition related to such offence, the machinery, equipment, tools or vehicles for producing, manufacturing, keeping or transporting such arms, and the proceeds from the purchase and sale of such arms or ammunition and the amount derived therefrom shall be confiscated.
Muluki Criminal Code, 2017

Provided that if the owner of the means of transport or vehicle proves that he or she did not know that arms or ammunition were being transported, such vehicle shall not be confiscated. 136. Compensation to Be Recovered: If, as a result of any offence committed under this Chapter, any person suffers harm, loss or damage to his or her body or property, reasonable compensation thereof shall be recovered from the offender and paid to the victim. 137. Limitation: In respect of an offence under section 132, no complaint shall lie after the expiry of three months from the date of commission of such offence, and in respect of other offences under this Chapter, no complaint shall lie after the expiry of six months from the date of knowledge of the commission of such offence. Chapter – 7

Offences Relating to Explosive Substances

138. Not to Produce Explosive Substances: (1) No person shall, without obtaining a license, or even if a license has been obtained, contrary to the conditions and restrictions mentioned in the license, make, prepare or produce any kind of explosive substance. Explanation: For the purpose of this Code:

(a) "Explosive substance" means I.E.D., T.N.C., Amatol, Barotol, Pentolite, Rapid Detonative Explosive (R.D.X.), Torpex, Blastic Explosive, Dynamite, Gunpowder, Nitroglycerine, Gelignite, Stemit, Celcite, Detonator, Blasting Cap, Electric Blasting Cap, Fuse, Fireworks, Crackers, Gun Cotton, Gun Powder, Blasting Powder, Fulminate of Mercury or any other metal, any other substance of a similar nature that explodes, or any substance specified by the Government of Nepal by notification in the Nepal Gazette, and said word also includes bombs.

(b) "Bomb" means a grenade or any other object or substance of a similar nature containing explosive substances, made to explode by itself or by any other substance through any explosive substance or other means, formula, process or method.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to the following punishment:–

(a) If it is a high explosive, imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees,

(b) If it is a low explosive, imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees,

(c) If it is a common explosive, imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees,

(d) For a person producing, using, keeping or otherwise dealing in the mechanism, machine or equipment for producing or manufacturing explosive substances, imprisonment for a term not exceeding two years and a fine not exceeding twenty thousand rupees.
Muluki Criminal Code, 2017

Explanation: For the purpose of this Chapter:–

(1) "High explosive" means dynamite, nitroglycerine, T.N.C., gelatinite, mercuric nitrate, fulminate of mercury, R.D.X., amatol, barotol, pentolite, stemite, celcite, blastic explosives, bombs and other explosive substances of a similar nature.

(2) "Low explosive" means blasting powder, gun powder, gun cotton, mercury, fulminate of any other metal and other explosive substances of a similar nature.

(3) "Common explosive" means detonator, blasting cap, electric blasting cap, fuse, fireworks, crackers and other explosive substances of a similar nature. 139. Not to Deal in Explosive Substances: (1) No person shall, without obtaining a license, or even if a license has been obtained, contrary to the conditions and restrictions mentioned in the license, deal in explosive substances or cause such dealing. Explanation: For the purpose of this section, "Dealing" means the act of purchasing or causing purchase, selling, keeping, using, stocking, warehousing, transporting, altering, adulterating, exporting or importing.

(2) A person committing an offence under sub-section (1) shall be liable to the following punishment:–

(a) If it is a high explosive, imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees,

(b) If it is a low explosive, imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees,

(c) If it is a common explosive, imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees. 140. Not to Make or Use Artificial Explosive Substances: (1) No person shall, by manipulating, altering or changing the form, structure or shape of ordinary consumer goods used or consumed by the general public, or their physical or chemical elements, through any physical or chemical process, formula, measure or method, use or cause to be used such goods as any kind of bomb or other explosive substance.

(2) A person committing an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both. 141.
Muluki Criminal Code, 2017

141. Not to Lay Landmines or Place Explosive Substances: (1) No person shall place or keep explosive substances on a road or path, site, building, bridge, tunnel or any other place used by the public, or place any inflammable substance or electrical trap (ambush), or by placing such substance or laying such trap, obstruct movement or the use of any other public utility.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees.

(3) If, as a result of an offence under sub-section (1), any person suffers bodily injury, loss of life or damage to property, the punishment under sub-section (2) shall be added to the punishment under this Code for that act. 142. Record of Production or Dealing to Be Maintained: (1) A person licensed to produce or deal in explosive substances shall, while producing, manufacturing, preparing or dealing in such substances, maintain a separate record of each explosive substance produced or dealt in each time.

(2) The record under sub-section (1) shall, in addition to other matters, include the following details:–

(a) What kind of explosive substance was produced, prepared or manufactured, and in what quantity,

(b) If dealing in the explosive substance took place, for what purpose the dealing was done,

(c) If the explosive substance was sold or distributed, to which person, for what purpose, and in what quantity it was sold or distributed.

(3) The record maintained under sub-section (1) shall be made available by the person dealing in explosive substances when required by the authorised officer controlling or administering explosive substances, the officer investigating or prosecuting the case, or the court.

(4) A person doing or causing to do any act contrary to this section shall be liable to imprisonment for a term not exceeding three months or a fine not exceeding five thousand rupees or both. 143. Care to Be Taken While Transporting, Carrying or Storing Explosive Substances: (1) A person licensed to deal in explosive substances shall, while using, transporting or carrying, or storing such substances, use them or transport, carry or store them in appropriate magazines so as to ensure adequate safety according to the nature of such substances.

(2) A person doing or causing to do any act contrary to sub-section (1) shall be liable to a fine not exceeding fifty thousand rupees. 144.
Muluki Criminal Code, 2017

144. Movable or Immovable Property Related to Offence to Be Confiscated: In case of any offence punishable under this Chapter, all explosive substances related to such offence, the goods, equipment, tools or raw materials used in the production, preparation or manufacture of such substances, the vehicle or means of transport used for transporting or carrying such substances, and the proceeds from the production, preparation, manufacture or dealing in such substances and the amount derived therefrom shall be confiscated. Provided that if the owner of the means of transport or vehicle proves that he or she did not know that explosive substances were being transported, such means of transport or vehicle shall not be confiscated. 145. Compensation to Be Recovered: If, as a result of any offence committed under this Chapter, any person suffers harm or loss to his or her body or property, reasonable compensation thereof shall be recovered from the offender and paid to the victim. 146. Limitation: In respect of an offence under section 143, no complaint shall lie after the expiry of three months from the date of commission of such offence, and in respect of other offences under this Chapter, no complaint shall lie after the expiry of six months from the date of knowledge of the commission of such offence. Chapter - 8

Offences Against National and Public Heritage

147. Not to Appropriate Public Houses and Land by Any Individual: (1) No person shall, without prior approval of the Government of Nepal, Provincial Government or Local Level, with or without registration, appropriate, or in any manner occupy, cultivate or encroach upon, or cause any kind of obstruction to the possession and use of, the following houses or land:–

(a) Houses and land belonging to the Government of Nepal, Provincial Government or Local Level, or a public institution fully or majority owned or controlled by the Government of Nepal, Provincial Government or Local Level, deleted by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075.

(b) Community or public houses and land that have been in community or public use since ancient times.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both.

(3) If the house or land mentioned in sub-section (1) has already been registered or transferred in the name of any particular individual, such registration shall automatically be nullified. 148.
Muluki Criminal Code, 2017

148. Not to Appropriate Public Heritage by Any Individual: (1) No person shall, with or without registration, make any public heritage private, or in any manner obstruct the public use of such heritage, or in any other manner occupy, cultivate or encroach upon it, or cause any kind of harm, loss or damage to such heritage. Explanation: For the purpose of this section, "Public heritage" means the following heritages:–

(a) Paths that have been in public use since ancient times,

(b) Roads, grazing land, water spouts, cremation grounds, water taps, public water stops, wells, ponds, embankments of ponds, sources of drinking water, canals, irrigation ditches, pastures for cattle, or drainage outlets in public use,

(c) Places where markets and bazaars are held,

(d) Religious sites, monasteries (maths), temples, stupas, gumbas, mosques or churches,

(e) Covered rest houses (pati), public rest houses (pauwa sattal), rest platforms (chautaro),

(f) Historical statues, sculptures, cultural pillars or monuments,

(g) Places for performing religious or cultural acts or ceremonies,

(h) National forests specified by the Government of Nepal, or forests owned by the Government of Nepal, Provincial Government or Local Level, or any part thereof.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand rupees or both.

(3) If the public heritage under sub-section (1) has already been registered or transferred in the name of any person, such registration or transfer shall automatically be nullified. 149. Not to Encroach Upon Natural Heritage: (1) No person shall, except as permitted by law, in any manner encroach upon or occupy natural heritage, or sell or distribute such heritage, or cause any kind of harm, loss or damage to its natural formation or beauty.