Crime Victim Protection Act, 2018

33. Compensation Not to Be Received in More Than One Capacity: A person shall not be entitled to receive compensation under this Act in more than one form or capacity as a primary victim, secondary victim and family victim or in any other form. 34. Compensation Not to Be Provided: Notwithstanding anything elsewhere written in this Act, compensation under this Act shall not be provided to the following victims:-

(a) A person who commits, attempts, abets or conspires to commit, or assists in committing, or is an accomplice involved in the offence in respect of which compensation is to be received,
(b) A person claiming compensation under this Act as a primary victim, where the offence against him/her occurred at the time of or due to his/her involvement in any other offence,
(c) Family victim of a person who died while going to commit an offence against someone or due to the same reason,
(d) A person entitled to compensation under third party insurance provisions in respect of loss caused by a traffic accident in accordance with the prevailing law,

Provided that it shall not be a bar to providing compensation under this Act if a person is killed or harmed using a motor vehicle with the intention of killing or causing harm.

(e) A secondary victim or family victim who has knowledge or has reasonable cause to know that the primary victim was involved in any other offence,

Provided that this provision shall not apply in the case of a person who was a witness at the time of the offence for which compensation is to be received.

(f) A victim for whom treatment required due to the offence is provided free of cost by the government or the government bears the expenses and there is possibility of recovery of such person,

Provided that it shall not be a bar to providing compensation for loss other than medical consultation or treatment expenses.

(g) A prisoner victim who suffers mental loss due to an offence committed against him/her while in prison serving a prison sentence in accordance with the prevailing law,

Provided that it shall not be a bar to providing compensation including for mental loss if the imprisonment is only due to inability to pay a fine imposed in accordance with the prevailing law.

(h) A person convicted of an offence against the state under the prevailing law,
(i) A person convicted of organized crime under the prevailing law,
(j) A victim of an offence provoked by the victim or caused by the conduct of the victim, except a minor or mentally imbalanced victim,
(k) A person who does not file a complaint or report, files a false complaint or report, does not assist the investigating or prosecuting officer, or gives statements, testimony or presents evidence with the aim of protecting persons involved in the offence, or gives statements or testimony in court contrary to statements made before the investigating officer with such aim, in relation to investigation or court proceedings concerning the offence,
(l) A person who has received or appears to receive financial assistance or compensation from any other source of the Government of Nepal in respect of the offence for which compensation is to be received,
(m) A person to whom providing compensation appears unjust from the perspective of justice,
(n) A person who submits a petition stating unwillingness to receive compensation,
(o) A person who has outstanding fine, damages or any other amount under a court order or revenue or other amount payable to the Government of Nepal,
(p) If found to have filed a false complaint,
(q) A victim where both the victim and perpetrator were members of the same joint family at the time of the offence and the victim appears able to receive the benefit of compensation,

Provided that it shall not be a bar to providing compensation to the victim under this clause in the following circumstances:-

(1) If due to the victim's age or mental illness, he/she does not have to bear criminal liability in accordance with the prevailing law,
(2) If there is no legal provision for the victim to receive compensation from the offender in such offence, or even if there is, it is proved that the victim has separated and lives separately from the joint family of the perpetrator after the offence, where the perpetrator or joint family has no property or due to any other reasonable reason the victim does not appear to be able to receive compensation from the perpetrator, or
(3) A woman victim of rape or a child born from her.