chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Immigration Act, 1992

A foreigner expelled under sub‐section (1) or (1A) shall not re‐enter Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal during the period of expulsion.

(3) Other arrangements relating to expulsion shall be as prescribed. 10. Penalties: (1) If any person commits or causes to be committed an offence under section 5, he shall be liable to a fine of up to fifty thousand rupees or imprisonment for up to five years or both.

(2) If any person violates or causes to be violated sub‐section (2) of section 9, for the first offence he shall be liable to a fine of up to twenty‐five thousand rupees or imprisonment for up to two years, and for a subsequent violation, on each occasion he shall be liable to a fine of up to fifty thousand rupees or imprisonment for up to five years or both.

(3) An abettor of an offence punishable under sub‐section (1) or (2) shall be liable to half the punishment prescribed for the person committing such offence.

(4) If any person does any act contrary to this Act or the Rules made under this Act, other than as set out in the foregoing sub‐sections, Added by the First Amendment. the Director General may, in addition to recovering any amount of loss determined to be payable by him, Amended by the First Amendment. impose a fine of up to fifty thousand rupees. 11. Appeal: A party dissatisfied with a penalty imposed under sub‐section (4) of section 10 may, within thirty‐five days, Amended by Some Nepal Acts Amendment Act, 2072. appeal to the High Court. 12. Government of Nepal to Be Plaintiff: The plaintiff in a case under this Act shall be the Government of Nepal. 13. Visa Fee Not Charged: In respect of a foreigner who is in custody during the course of investigation under this Act or prevailing law, no visa fee shall be charged for the period of custody; and in respect of a foreigner against whom a case has been filed, no visa fee shall be charged from the date of filing of such case until the day of completion of imprisonment if a sentence of imprisonment is imposed upon decision of the case, or until the day of payment of the fine if only a fine is imposed. 14.
Immigration Act, 1992

14. Power of the Government of Nepal: (1) The Government of Nepal may provide that all or some of the provisions of this Act or the Rules made under this Act shall not apply to foreigners of a certain class, caste, race or nationality, or shall apply only subject to prescribed conditions.

(2) If it appears to the Government of Nepal that the national interest may be adversely affected by the entry, presence or departure of any foreigner into Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Nepal, it may prohibit the entry, presence or departure of such foreigner. 15. Power to Delegate: The Director General may delegate all or some of the powers conferred on him under this Act to other officers or employees under him. 16. Not to Bar Action under Other Prevailing Law: Nothing contained in this Act shall be deemed to bar instituting a case in court against any person under any other prevailing law. 17. Protection for Acts Done in Good Faith: No claim for compensation, no case against any employee, and no other legal proceedings shall lie in respect of any act done or attempted to be done in good faith under this Act. 18. Power to Make Rules: The Government of Nepal may make Rules for the purposes of this Act. 19. Repeal and Savings: (1) The Foreigners Act, 2015 is hereby repealed.

(2) All acts and proceedings done under the Foreigners Act, 2015 and the Rules made under that Act shall be deemed to have been done under this Act.
Muluki Criminal Code, 2017

National Penal Code, 2074 (2017)

Date of Certification and Publication
2074.6.30 (October 16, 2017)

Amending Acts

1. Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018) 2076.10.02 (January 16, 2020)
2. Act to Amend Some Acts Relating to Criminal Offenses and Criminal Procedure, 2079 (2022) 2079.3.31 (July 16, 2022)
3. Act to Amend Some Acts Against Sexual Violence, 2079 (2022) 2079.3.31 (July 16, 2022)
4. Act to Amend Some Nepal Acts Relating to National Code, 2080 (2023) 2080.04.12 (July 28, 2023)

Act Number 36 of the Year 2074 (2017)

Preamble: Whereas, it is expedient to maintain law and order in the country and uphold the morality, decency, integrity, convenience, and economic well-being of the general public, to maintain good relations and peace among various religious and cultural communities, to prevent and control criminal offenses, and to amend and consolidate the prevailing laws relating thereto and make provisions of a Code relating to criminal offenses suitable to the times;

Now, therefore, the Legislature-Parliament, pursuant to Sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. Part - 1
General Provisions

Chapter - 1
Preliminary

1. Short Title and Commencement: (1) The name of this Act is amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018)."National Penal Code, 2074 (2017)".

(2) This Code shall come into force from the 1st day of Bhadra of the year 2075 (August 17/18, 2018). 2.
Muluki Criminal Code, 2017

2. Extra-territorial Application of the Code: (1) If a person commits any of the following offenses outside Nepal, such person shall be punished in accordance with this Code as if such offense was committed within Nepal:

(a) An offense under Chapter 1 of Part 2, except section 54,
(b) An offense committed under Chapter 17 of Part 2 by kidnapping a person from Nepal,
(c) An offense under sections 167, 276 and 279,
(d) An offense under Chapters 22 and 23 of Part 2 committed with the intention of bringing into circulation or importing into Nepal,
(e) An offense under this Act committed while performing any official capacity in the Government of Nepal, a Provincial Government or a Local Level, or any organized institution wholly or substantially owned or controlled by the Government of Nepal, a Provincial Government or a Local Level.

(2) If a person commits any offense under this Act within an aircraft or watercraft registered in Nepal while outside Nepal, such person shall be punished in accordance with this Act as if such offense was committed within Nepal.

(3) If a amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).Nepalese citizen or any other person commits any of the following offenses outside Nepal against any Nepalese citizen, such person shall be punished in accordance with this Act as if such offense was committed within Nepal:

(a) An offense of homicide or attempt, abetment or conspiracy to commit homicide,
(b) An offense of abandoning a helpless person,
(c) An offense of causing grievous hurt,
Added by the Act to Amend Some Acts Relating to Criminal Offenses and Criminal Procedure, 2079 (2022).(c1) An offense under section 192A,
(d) An offense of kidnapping, hostage-taking or unlawful detention,
(e) An offense of rape or incest,
(f) An offense of criminal trespass, criminal benefit, criminal breach of trust, forgery, theft, cheating, dacoity or criminal misappropriation of property against the Government of Nepal, a Provincial Government, a Local Level, or an organized institution wholly or substantially owned or controlled by the Government of Nepal, a Provincial Government or a Local Level,
(g) An offense under section 158,
(h) Offenses relating to marriage under Chapter 11 of Part 2,
(i) An offense of adulteration of food or medicine with the intention of importing into Nepal,
(j) Offenses relating to medical treatment under sections 231, 232 and 233,
(k) An offense under Chapter 2 of Part 3. 3.
Muluki Criminal Code, 2017

4. Principles and Provisions Generally Applicable: amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).The principles and provisions under Chapters 2, 3, 4 and 5 of Part 1 of this Code shall generally apply in relation to offenses under amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).this Code and other Acts. 5. Provisions of Special Act to Apply: If any specific act is deemed a separate offense and made punishable by any special Act, that Act shall apply in relation to such offense. Chapter - 2
General Principles of Criminal Justice

6. Act Done According to Law Not an Offense: An act required to be done by law, or deemed excusable by law, shall not be considered an offense. 7. No Punishment Except According to Law: No person shall be liable to punishment for an act which is not punishable by law, and no person shall be punished more severely than prescribed by law for the offense at the time it was committed. 8. Act Done Under Mistake of Fact Not an Offense: Any act done in good faith under a mistake of fact, with the belief that it was required or excusable by law, shall not be considered an offense. Provided, however, that an act done in ignorance of the law shall not be excusable. 9. No Double Punishment for Same Offense: No person shall be prosecuted and punished more than once in court for the same offense. 10. No Deprivation of Fair Hearing: No person shall be deprived of a fair hearing in proceedings conducted by a competent court or judicial body. 11. No Compulsion to be Witness Against Self: A person accused of an offense shall not be compelled to be a witness against himself/herself. 12. Not Considered Guilty Until Offense Proved: A person accused of an offense shall not be considered guilty until such offense is proved. 13. Act Done by Child Not an Offense: Any act done by a child who has not attained the age of ten years shall not be considered an offense. 14. Act Done by Person Not in Sound Mind Not an Offense: Any act done by a person who, at the time of doing the act, by reason of mental unsoundness, is not in a sound state of mind such that he/she cannot understand the nature, quality, wrongfulness or consequences of the act, shall not be considered an offense. 15.
Muluki Criminal Code, 2017

15. Act Done with Consent Not an Offense: Except in cases done with the intention of causing death or grievous hurt, or done with the knowledge that death or grievous hurt is likely to be caused, if any act done by a person with the consent of a person above the age of eighteen years causes any harm to the person giving such consent, that act shall not be considered an offense. 16. Act Done for Benefit with Consent Not an Offense: If any act done by a person in good faith and with due care, with the consent of a person for the benefit of that person, causes harm to the person giving such consent, that act shall not be considered an offense. 17. Act Done for Benefit with Guardian's Consent Not an Offense: If any act done in good faith and with due care by the guardian of a person who has not attained the age of eighteen years or who, by reason of mental unsoundness, is not in a sound state of mind, or by any other person with the consent of such guardian, for the benefit of such person, causes any harm to such person, that act shall not be considered an offense. Provided, however, that a person who knowingly does any such act with the knowledge that death or grievous hurt is likely to be caused shall not escape criminal liability, except where done with the intention of preventing death or grievous hurt. 18. Act Done for Benefit Without Consent Not an Offense: If, in a situation where an act must be done immediately for the benefit of a person, and that person is for some reason unable to give consent immediately, and a guardian capable of giving consent on his/her behalf is also not immediately available, an act done in good faith and with due care for his/her benefit without obtaining consent causes any loss, harm or damage to that person, such act shall not be considered an offense. Explanation: For the purposes of sections 16, 17 and this section, "benefit" shall not mean:
(a) A financial gain obtained,
(b) An act done with the intention of causing death or causing grievous hurt without reasonable cause. 19. Act Considered an Offense Even if Done with Consent: Notwithstanding anything written in sections 15, 16 or 17, if the act written in those sections is considered another offense under the law, such act, even if done with consent, shall be considered an offense. 20. Consent: Consent may be expressed orally, in writing, or by gesture or conduct.
Muluki Criminal Code, 2017

20. Consent: Consent may be expressed orally, in writing, or by gesture or conduct. Provided, however, that consent given in the following circumstances shall not be considered consent:
(a) Where a person gives consent under a mistake of fact, or under fear or terror of harm or damage of any kind, and the person doing the act according to such consent knows that the consent was given in such a manner, or has reasonable cause to believe so,
(b) Where a person gives consent while not in a sound state of mind due to mental unsoundness such that he/she cannot understand the nature, quality and consequences of the consent given,
(c) Where consent is given by a child who has not attained the age of eighteen years,
(d) Where consent is given under undue influence. 21. Act Causing Harm by Information Given in Good Faith Not an Offense: If any information or notice given by a person in good faith to another person for his/her benefit causes any harm to that person, that act shall not be considered an offense. 22. Act Done Under Duress Not an Offense: (1) If a person, carrying a dangerous weapon or poisonous or explosive substance, shows fear to another person that if he/she does not immediately do a certain act, he/she or his/her near relative will be killed or suffer bodily harm, and there is reasonable cause for that person to believe that unless he/she immediately does that act, there is a danger of death or bodily harm to himself/herself or his/her near relative, the act done by that person shall not be considered an offense. Provided, however, that such act shall be considered an offense in the following circumstances:
(a) Where homicide or grievous hurt is caused,
(b) Where rape is committed,
(c) Where an offense against the state is committed, or
(d) Where the person doing the act has himself/herself reached the situation of such fear or terror due to his/her own act or omission.

(2) A person who causes an offense to be committed by creating fear or terror under Sub-section (1) shall be punished according to law as if he/she had committed such offense himself/herself. 23.
Muluki Criminal Code, 2017

23. Act Done in Good Faith to Prevent Other Harm or Loss Not an Offense: If it is certain that unless an act causing some harm or loss to someone is done immediately, a greater harm or loss will occur to the body, life or property of oneself or another, and without criminal intent and with the intention of preventing or averting the probable greater harm or loss, such act causing harm or loss is done in good faith, such act shall not be considered an offense merely because it was done knowingly that harm might be caused. 24. Act Done for Private Defense Not Considered an Offense: (1) Subject to this Chapter, any act done while exercising the right of private defense shall not be considered an offense.

(2) Every person shall have the right to protect his/her own body, life or property, or that of any other person, from any unlawful harm.

(3) While exercising the right of private defense under this section, it shall be exercised only if there is reasonable amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).belief, or reasonable cause to believe, that unless an act is done immediately, the body, life or property of oneself or another cannot be protected from unlawful harm. 25.
Muluki Criminal Code, 2017

25. Restriction on Right of Private Defense: (1) Notwithstanding anything written in section 24, the right of private defense shall not be available in the following circumstances or against the following acts:
(a) Where, at the time of an act causing unlawful harm to someone's body or property, protection or assistance of a public authority is immediately available or could be available to protect against such harm,
(b) Where the harm to the body or property is caused by the very person whose body or property is harmed having provoked the person causing the harm,
(c) Where a public servant in good faith does an act pursuant to a judgment or order of a court,
(d) Where a public servant in good faith does any act in the exercise of his/her official authority,
(e) Where a person does any act in good faith following a direction given by a public servant in the exercise of his/her official authority.

(2) Notwithstanding anything written in Sub-section (1), a person shall not be deprived of the right of private defense in the following circumstances:
(a) If there is no knowledge or reasonable cause to believe that the person doing the act referred to in clause (c) of Sub-section (1) is a public servant and is acting pursuant to a court judgment or order; or if, upon requesting, such person does not reveal his/her identity or show the warrant of authority for doing such act,
(b) If there is no knowledge or reasonable cause to believe that the person doing the act referred to in clause (d) of Sub-section (1) is a public servant,
(c) If there is no knowledge or reasonable cause to believe that the person doing the act referred to in clause (e) of Sub-section (1) is acting under the direction of a public servant; or if such person does not inform that he/she is about to do such act under such direction; or if, upon requesting, does not show the warrant of authority for doing such act where such a warrant exists.

(3) While exercising the right of private defense under section 24 or this section, no more force than is reasonably necessary for such defense shall be used. 26.
Muluki Criminal Code, 2017

26. No Right to Take Life: (1) While exercising the right of private defense under this Chapter, no person shall have the right to take the life of another.

(2) Notwithstanding anything written in Sub-section (1), subject to Sub-section (3) of section 25, if someone's life is lost while exercising the right of private defense in the following circumstances, such act shall not be considered an offense:
(a) Where there is reasonable belief that unless immediate defense is made against an attack on oneself or another, the life of oneself or another will be lost, or oneself or another will suffer serious injury or grievous hurt,
(b) Where there is reasonable belief that an attack is made with the intention of committing rape, or during or after the commission of rape, an act is immediately done by the victim,
(c) Where a person is taken hostage or kidnapped with the intention of killing, demanding ransom for release, committing rape, or causing grievous hurt,
(d) Where an attempt is made to damage any house, tent or vehicle used for human habitation, worship, prayer or storage of property, by surrounding it, using dangerous weapons, setting fire, or using explosive substances,
(e) Where defense is required against the offense of dacoity,
(f) Where a security personnel deployed by order of an authorized officer for the security of a person or the property of the Government of Nepal, Provincial Government, Local Level, or an organized institution wholly or substantially owned or controlled by the Government of Nepal, Provincial Government or Local Level, or public property, is required to immediately counter an attack against such person or property. 27. Trivial Harm or Loss Not an Offense: Trivial harm or loss caused by a person of ordinary understanding shall not be considered an offense. 28. Punishment for Adult Causing Offense to be Committed by Child: If a person causes a child to commit an offense by enticing, teaching, or influencing the child, the person so causing the offense to be committed shall be punished as if he/she had committed such offense himself/herself. 29. Criminal Intent Not Examined in Strict Liability Offenses: In an offense which carries strict criminal liability under this Code or law, whether such offense was committed intentionally or not shall not be examined. 30.
Muluki Criminal Code, 2017

29. Criminal Intent Not Examined in Strict Liability Offenses: In an offense which carries strict criminal liability under this Code or law, whether such offense was committed intentionally or not shall not be examined. 30. Criminal Liability of Person Doing or Causing Act in Offense by Organized Institution: If a firm, company or organized institution does or causes to be done any act which is considered an offense under this Code or law, the person who did or caused such act shall be liable; and if such person cannot be identified, in the case of a firm, the relevant owner or partners, and in the case of a company or organized institution, the director, managing director, general manager who did or caused such act; and if such person also cannot be identified, the executive head of such institution shall bear criminal liability. 31. All Members Punishable for Offense Committed by Group: If an offense is committed by a group of two or more persons, all members of that group shall be punished for such offense. 32. Right of Crime Victim to Information of Case Proceedings and Compensation: (1) A crime victim shall have the right to receive information relating to the investigation and proceedings of the case in which he/she is the victim.
(2) A crime victim shall have the right to obtain justice, including social rehabilitation and compensation, according to law. Chapter- 3
Criminal Conspiracy, Attempt, Abetment and Accessory

33.
Muluki Criminal Code, 2017

Chapter- 3
Criminal Conspiracy, Attempt, Abetment and Accessory

33. Not to Commit Criminal Conspiracy: (1) No person shall commit a criminal conspiracy.
(2) If two or more persons agree to commit or cause the commission of an offense, and amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).one person or two or more persons perform any act, they shall be deemed to have committed a criminal conspiracy.
(3) A person who commits or causes a criminal conspiracy for a heinous or serious nature of offense shall be punished as follows, if separate punishment is provided elsewhere in this Code, according to that provision, and if not provided, as follows:
 (a) If the offense has been committed as per the conspiracy, the same punishment as for committing such offense,
 (b) If an offense other than the one conspired has been committed, and if such other offense was committed in the course of implementing the conspiracy or as a probable consequence thereof, the punishment applicable for such offense,
 (c) If, in addition to the offense conspired, another offense has also been committed, and if such offense was also committed in the course of implementing the same conspiracy or as a probable consequence thereof, additional punishment for such offense as well,
 (d) If the act of conspiracy has not been completed, half of the punishment applicable for such offense. 34. Not to Attempt to Commit Offense: (1) No person shall attempt to commit an offense.
(2) Even if it is impossible for the offense which was attempted to occur, it shall be deemed an attempt.
(3) Except where otherwise provided in this Code, a person who attempts or causes an attempt to commit an offense shall be liable to half of the punishment prescribed for such offense. 35. Not to Abet: (1) No person shall abet another to commit an offense.
(2) For the purpose of Sub-section (1), if a person incites another to commit an offense, he/she shall be deemed to have abetted.
(3) A person who abets shall be punished as follows, if separate punishment is provided in this Code, according to that provision, and if not provided, as follows:
 (a) If the offense has been committed as abetted, the same punishment as if he/she had committed the offense himself/herself,
 (b) If the offense has not been committed as abetted, half of the punishment prescribed for such offense.
(4) If a person is abetted to commit one offense, and that person commits another offense as an effect or probable consequence of such abetment, the person abetting shall be punished for such other offense as well as if he/she had committed it himself/herself. 36.
Muluki Criminal Code, 2017

36. Not to be Accessory: (1) No person shall be an accessory to an offense.
(2) A person who, with the intention of committing an offense, assists in committing that or another offense, or after the commission of the offense, helps the offender to escape or hide, or provides means for committing or causing the commission of the offense, or assists in any other manner, shall be deemed an accessory.
(3) An accessory shall be punished as follows:
 (a) A person who, by being involved in a criminal conspiracy, commits the offense, provides means or place, deprives the person against whom the offense is committed of the right of private defense, or orders or advises the commission of the offense, shall be punished as if he/she had committed such offense,
 (b) In the case of an accessory other than those written in clause (a), according to the degree of his/her involvement in the act by which the offense was committed, up to a maximum of half of the punishment applicable for committing such offense. 37. Limitation Period to Apply: The limitation period for filing a complaint provided in this Code in relation to any offense shall also apply in relation to the conspiracy, attempt, abetment or being accessory to such offense. Chapter- 4
Circumstances Aggravating and Mitigating the Severity of Offense

38.
Muluki Criminal Code, 2017

39. Circumstances Mitigating Severity of Offense: For the purposes of this Code, if the following circumstances exist, the severity of the offense shall be deemed to be mitigated:
(a) The age of the offender is less than eighteen years or more than seventy-five years,
(b) The offender did not have the intention to commit the offense,
(c) The person against whom the offense was committed provoked or threatened the offender immediately before the offense,
(d) The offense was committed immediately as a reaction to a serious offense committed against the offender or any of his/her near relatives,
(e) The offender voluntarily confessed to the offense or expressed remorse for committing such offense,
(f) The offender surrendered to the relevant authority,
(g) The offender, having confessed to the offense, has already provided or agreed to provide compensation to the victim,
(h) The capacity of the offender was diminished due to physical, mental, or disability reasons,
(i) The degree of harm or loss caused to the victim party and society is not significant,
(j) The offender has assisted the judicial process by stating the truth in court,
(k) The offender has confessed to the offense and expressed a commitment not to commit criminal offenses in the future,
(l) The offense was committed due to someone's persuasion or pressure. Chapter- 5
Provisions Relating to Punishment and Interim Compensation

40. Types of Punishment: (1) The punishment for an offense mentioned in this Code shall be as follows:
(a) Life imprisonment,
(b) Imprisonment,
(c) Fine,
(d) Imprisonment and fine,
(e) Compensation,
(f) Imprisonment in lieu of non-payment of fine or compensation,
(g) Reform home or community service in lieu of imprisonment.
(g) Reform home or community service in lieu of imprisonment. amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).

(2) If, under any law, the punishment for an offense is forfeiture of property, after the commencement of this Code, no punishment involving forfeiture of property shall be imposed for such offense.
(3) Notwithstanding anything written elsewhere in this section, no punishment of a fine less than one rupee and imprisonment of less than one day shall be imposed. 41.
Muluki Criminal Code, 2017

41. Life Imprisonment: Notwithstanding anything written elsewhere in this Code, when awarding life imprisonment to an offender who commits any of the following offenses, such offender shall be imprisoned for the duration of his/her natural life:
(a) Homicide committed with cruel torture or ruthlessly,
(b) Homicide committed by hijacking an aircraft or exploding an aircraft,
(c) Homicide committed after kidnapping or taking hostage,
(d) Homicide committed by poisoning beverages or food items for public consumption,
(e) Genocide committed with the intention of amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).destroying the very existence of any caste, race or community, or an offense committed with the intention of genocide, or
(f) Homicide committed after rape. 42. Calculation of Life Imprisonment: Except in the circumstances mentioned in section 41, when calculating the sentence of life imprisonment, it shall be calculated as imprisonment for twenty-five years. 43. Additional Punishment for Integrated Offense: (1) If a person commits more than one offense in a single incident, that person shall be deemed to have committed an integrated offense.
(2) When punishing an offender who commits an integrated offense under Sub-section (1), the punishment shall be the punishment for the offense carrying the highest punishment, plus half of the punishment for the next offense carrying the maximum punishment. Provided, however, that this Sub-section shall not apply in the case of an offender facing life imprisonment. 44. Additional Punishment: (1) If a person who has been punished for a heinous or serious offense commits another offense, he/she shall be liable to punishment up to double the punishment for the subsequently committed offense. Provided, however, that this section shall not apply in the case of an offender sentenced to life imprisonment.
(2) If a person punished for an offense other than those under Sub-section (1) commits another offense within five years of completing such punishment, he/she shall be liable to punishment up to double the punishment for the subsequently committed offense. 45.
Muluki Criminal Code, 2017

45. Punishment to Children: (1) If the age of a person doing an act that constitutes an offense under law has not reached ten years at the time of doing such act, he/she shall not be punished.

amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).(2) If a person aged ten years or above but less than fourteen years commits an offense punishable by fine under law, he/she shall be admonished without imposing a fine; and if he/she commits an offense punishable by imprisonment, he/she may be punished with imprisonment for up to six months, depending on the offense, or may be kept in a reform home for up to one year without imprisonment.
(3) If a person aged fourteen years or above but less than sixteen years commits deleted by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018) any offense, he/she shall be liable to half of the punishment that would be imposed on a person of full age according to law.
(4) If a person aged sixteen years or above but less than eighteen years commits deleted by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018) any offense, he/she shall be liable to two-thirds of the punishment that would be imposed on a person of full age according to law. Added by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).(5) Notwithstanding anything written in Sub-sections (2), (3) and (4), when punishing a child who has not completed the age of sixteen years, a sentence of imprisonment shall not be imposed except for a heinous offense, a serious offense, or where the offense has been committed repeatedly. 46. Imprisonment for Fine: amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).(1) The fine imposed on an offender shall be recovered from his/her property.
Muluki Criminal Code, 2017

46. Imprisonment for Fine: amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).(1) The fine imposed on an offender shall be recovered from his/her property. If he/she has no property, or if the amount of the fine cannot be recovered from him/her, he/she may be imprisoned.
(2) When determining imprisonment under Sub-section (1), it shall be done as follows:
 (a) In an offense

(b) If the offence is under clause (b), in addition to the punishment for causing physical injury or assault under this Code, imprisonment for up to five years and a fine of up to fifty thousand rupees,

(c) If the offence is under clause (c), (d) or (e), imprisonment for up to ten years.

(4) If an offence under this Section is committed by the order or instruction of a person or any organized or unorganized group, the person giving such instruction or the person or persons responsible for such group shall be punished as the principal offender.

(5) If an offence under this Section is committed collectively or with the involvement of various persons, each person involved in such offence shall be deemed equally guilty.

(6) If any person committing an offence under this Section holds a public office, such person shall not be entitled to claim that the offence occurred in the course of obeying the order of a superior officer, or maintaining law and order, or enforcing the law, and such person shall not be exempted or immune from punishment on the basis of such claim. 53.
Muluki Criminal Code, 2017

53. Not to wage war against Nepal or assist the army of a state engaged in war with Nepal: (1) No person shall take up arms and wage war against Nepal, or declare war, attempt or threaten to wage war, or collect arms and ammunition with the intent to wage war against Nepal, or create a military or paramilitary organization.

(2) No person shall, whether or not a state of war has been declared, give any kind of strategic or military information to, or assist in any other manner, or attempt to do so, any foreign army engaged in war with Nepal.

(3) If the Government of Nepal has declared that no relation or transaction may be maintained, and no goods or services may be imported or received, with a state engaged in war with Nepal, the citizens or organized institutions of such state, no person shall maintain such relation or transaction, or import or receive such goods or services, with such state, citizen or institution.

(4) A person who commits or causes to commit an offence under sub-section (1) or (2) shall be liable to life imprisonment, and a person who commits or causes to commit an offence under sub-section (3) shall be liable to imprisonment for up to twenty-five years and a fine of up to one hundred and fifty thousand rupees. 54. Not to wage war or rebellion against a friendly nation: (1) No person shall, using the land of Nepal, take up arms and wage war, threaten or attempt to wage war, or rebel or attempt to rebel against a friendly nation having diplomatic relations with Nepal.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to seven years and a fine of up to seventy thousand rupees. 55. Not to incite military or police personnel: (1) No person shall encourage or incite any soldier, police officer or constable, or Armed Police Force personnel or officer serving in the Nepali Army, Nepal Police or Armed Police Force, Nepal to desert or abscond, or to breach discipline, or attempt to divert them from their duty, or knowingly or having reason to believe that a person has deserted from the army, police or force, give shelter to such person.

(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. 56.
Muluki Criminal Code, 2017

56. Not to engage in espionage: (1) No person shall, with the intent to undermine the sovereignty, security or geographical or territorial integrity of Nepal or to cause any adverse effect on the interests of Nepal, or knowing that such may occur, or being induced by a foreign state or international organization or institution, give information to any person concerning the military position, strategic arrangement or internal security of Nepal, or matters that the Government of Nepal needs to keep confidential from a political, economic or diplomatic perspective, or confidential documents or matters that are or must be kept confidential by law, or conspire, attempt, encourage or do any other act with the intent to give such information, and if done, it shall be deemed espionage.

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

(a) A person who commits or causes to commit espionage concerning the military position, strategic arrangement or internal security of Nepal shall be liable to imprisonment for up to twenty-five years,

(b) A person who commits or causes to commit espionage concerning matters that the Government of Nepal needs to keep confidential from a political, economic or diplomatic perspective, or any other confidential document, shall be liable to imprisonment from five to ten years,

(c) A person who commits or causes to commit espionage concerning matters other than those mentioned in clauses (a) and (b) shall be liable to imprisonment for up to five years and a fine of up to Amended by the Act Amending Certain Nepal Acts Relating to the Civil Code, 2018.fifty thousand rupees,

(d) A person who, knowing that espionage is about to be committed, fails to inform the Government of Nepal of such matter, shall be liable to imprisonment for up to one year and a fine of up to Amended by the Act Amending Certain Nepal Acts Relating to the Civil Code, 2018.one hundred thousand rupees. 57. Not to attack the President: (1) No person shall kill or attempt to kill the President of Nepal.

(2) No person shall kidnap or cause to kidnap, or take or cause to take the person of the President of Nepal as hostage in any manner.

(3) No person shall attack or cause to attack the President of Nepal in any manner.

(4) A person who commits an offence under this Section shall be punished as follows:-

(a) If the offence is under sub-section (1), life imprisonment,

(b) If the offence is under sub-section (2), imprisonment from ten to fifteen years,

(c) If the offence is under sub-section (3), imprisonment from five to ten years. 58.
Muluki Criminal Code, 2017

58. Not to threaten the President or Parliament: (1) No person shall, in order to prevent or deprive the President of Nepal or Parliament from performing any act required to be done under the Constitution or law, or to compel them to perform an act in a particular manner, threaten in any manner, with or without the use of force, cause fear or terror, or exert pressure in any other way.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to seven years or a fine of up to seventy thousand rupees or both. Explanation: For the purpose of this Section, "Parliament" means the Federal Parliament and Provincial Assembly under the Constitution of Nepal, and that term also denotes the Legislature-Parliament. 59. Limitation: (1) Complaints may be lodged at any time for offences under Sections 49, 50, 51, 52, 53 and 57.

(2) For offences under other Sections of this Chapter other than those mentioned in sub-section (1), no complaint may be lodged after the expiry of two years from the date of knowledge of such offence. Chapter-2

Offences against Public Peace

60. Not to engage in an unlawful assembly: (1) No person shall engage in an unlawful assembly.

(2) An assembly of five or more persons for the purpose of doing any of the following acts shall be deemed an unlawful assembly:-

(a) By using or displaying force or by displaying dangerous weapons,
 (1) to prevent a public servant from doing work prescribed by law or performing a duty,
 (2) to take or seize the property of anyone,
 (3) to deprive anyone of the right to use a road, water, public transport or communication or any other similar thing,
 (4) to compel any person to do what the law does not permit or prevent them from doing what the law permits.

(b) To obstruct or hinder the implementation of any law or legal proceeding,
(c) To commit any offence punishable with imprisonment.

(3) If a person participates in such an assembly knowing that it is an unlawful assembly, if participating without weapons, such person shall be liable to imprisonment for up to six months and a fine of up to five thousand rupees, and if participating with weapons, imprisonment for up to one year or a fine of up to ten thousand rupees or both.

(4) If any person, without participating themselves, pays wages to another or induces or pressures them in any other manner to participate in an unlawful assembly, such person shall be deemed to have themselves participated in such unlawful assembly and shall be punished under sub-section (3). 61.
Muluki Criminal Code, 2017

61. Not to violate an order to prevent or disperse an unlawful assembly: (1) If an authorized officer orders to prevent or disperse an unlawful assembly, no person shall remain in or participate in such assembly.

(2) A person who remains in, participates in, or comes to participate in an unlawful assembly 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. 62. Each member deemed to have committed the offence: If any member of an unlawful assembly commits an offence to achieve the objective of such assembly, each member of that assembly who knowingly assists in committing such offence at the time it is committed shall be deemed to have committed that offence. 63. Not to commit rioting: (1) No person shall commit or cause rioting.

(2) If an unlawful assembly or a participant in such assembly uses force in the course of achieving the objective of the assembly, or causes damage, destruction or loss to public or private property, each participant in such assembly shall be deemed to have committed rioting.

(3) Every person who commits an offence under sub-section (1) shall, if carrying dangerous weapons, be liable to imprisonment for up to two years and a fine of up to twenty thousand rupees, and if not carrying dangerous weapons, imprisonment for up to one year and a fine of up to ten thousand rupees. 64. Not to incite rioting: (1) No person shall, with the intent to cause rioting or knowing that rioting may occur, encourage any person to commit rioting.

(2) A person who incites under sub-section (1) shall, if rioting has occurred, be liable to imprisonment for up to one year, and if rioting has not occurred, imprisonment for up to six months, or a fine of up to five thousand rupees, or both. 65. Not to disturb public peace: (1) No person shall, by writing, speech, shape or sign, or in any other manner, on the basis of religion, colour, caste, ethnicity, sect or language, do any act that disturbs harmonious relations among persons of different classes, regions or communities in Nepal.

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

(3) If an offence under sub-section (1) is committed at a place of worship, prayer, or where a religious or cultural festival or ceremony is taking place, in addition to the punishment under sub-section (2), imprisonment for up to one year shall be imposed. 66.
Muluki Criminal Code, 2017

66. Not to obstruct a public servant: (1) When a public servant, in the course of performing their duty, does any act to prevent or disperse an unlawful assembly or prevent rioting, no person shall obstruct or oppose, or attempt to obstruct or oppose.

(2) A person who commits or causes to commit 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. 67. Not to obstruct movement in a public place: (1) No person shall, by creating any kind of fear, terror or intimidation, close a public road, thoroughfare, ropeway, cable car route, airport, railway or waterway, or the operation of postal or any public service, or obstruct a public road, thoroughfare, ropeway, cable car route, airport, railway or waterway in any manner, thereby obstructing the movement of pedestrians, vehicles or animals, or obstruct or prevent anyone from entering a public place in any manner except by order of an authorized officer under the law.

(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. 68. Not to disrupt a public service: (1) No person shall, by creating any kind of Amended by the Act Amending Certain Nepal Acts Relating to the Civil Code, 2018.fear or terror, close or disrupt in any manner the operation of public electricity, telecommunications, or other public services of a similar nature, or public services provided by law.

(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. 69. Not to violate curfew: (1) No person shall knowingly violate a curfew order issued by an authorized officer under the law to prevent an unlawful assembly, rioting, or any other act causing disturbance of peace.

(2) A person who commits or causes to commit 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. 70.
Muluki Criminal Code, 2017

70. Not to spread false rumours: (1) No person shall, with the intent to disturb public peace, incite rioting, or undermine the sovereignty, geographical or territorial integrity of Nepal, or disrupt harmonious relations among various castes, ethnicities or sects, spread, propagate, or make processions with slogans about falsehoods that are not true in order to incite anyone.

(2) A person who commits or causes to commit an offence under sub-section (1) shall be liable to imprisonment for up to one year Amended by the Act Amending Certain Nepal Acts Relating to the Civil Code, 2018.or a fine of up to ten thousand rupees or both. 71. Not to provide house, land or vehicle for disturbing peace: (1) If any person knows or has reasonable cause to believe that another person is about to disturb public peace or commit rioting, no person shall provide such person with their house, land, vehicle or weapons.

(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. 72. Not to conduct torch processions in sensitive public areas: (1) No person shall, with the intent to disturb public peace, conduct or cause to conduct a torch procession, a procession carrying fire or flammable objects, or a meeting in any place designated as a sensitive public area by order of an authorized officer for reasons of Nepal's sovereignty, geographical or territorial integrity, security, public peace or decorum.

(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. 73.