chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Criminal Code, 2017

द्वारा थप । तर विपद् वा सडक दुर्घटना भएको वा सम्बन्धित व्यक्तिको बाबु, आमा वा संरक्षकको तत्काल मञ्जुरी लिन नसकिने वा सो कुराको जानकारी दिन नसकिने अवस्थामा त्यस्तो व्यक्तिको ज्यान जोगाउनको लागि तत्काल उपचार वा अङ्ग चिरफार गर्न कुनै बाधा पर्ने छैन । (२) उपदफा (१) बमोजिम परीक्षण गर्दा त्यस्तो विधि, चिरफार वा औषधिको मानव शरीरमा हुन सक्ने असर समेतलाई विचार गरी होसियारी पूर्वक गर्नुपर्नेछ । (३) कसैले अनुचित आर्थिक लाभ लिने वा महिलाको गोपनीयता भङ्ग गर्ने वा अन्य कुनै नियतले कसैको शारीरिक परीक्षण गर्नु वा अङ्ग परिवर्तन गर्नु वा गराउन हुँदैन । (४) उपदफा (१), (२) वा (३) विपरीत परीक्षण गर्ने, गराउने व्यक्तिलाई तीन वर्षसम्म कैद र तीस हजार रुपैयाँसम्म जरिवाना हुनेछ । (५) उपदफा (१), (२) वा (३) बमोजिमको कसूर गरेको कारणबाट कसैको ज्यान मरेकोमा ज्यान मारे सरह र अङ्गभङ्ग भएकोमा अङ्गभङ्ग गरे सरह सजाय हुनेछ । २३४. जोखिमपूर्ण औषधि बिक्री वितरण गर्न नहुने: (१) कानून बमोजिम औषधि बिक्री वितरण गर्न पाउने व्यक्तिले इलाज गर्न पाउने इजाजत प्राप्त व्यक्तिको सिफारिस विना कसैलाई मानव शरीरमा गम्भीर असर हुने कुनै लागू औषध, विषादी वा जोखिमपूर्ण औषधि बिक्री वितरण गर्न हुँदैन । (२) उपदफा (१) बमोजिमको कसूर गर्ने वा गराउने व्यक्तिलाई दुई वर्षसम्म कैद वा बीस हजार रुपैयाँसम्म जरिवाना वा दुवै सजाय हुनेछ । २३५. औषधिमा मिसा वट गर्न वा मिसावट गरेको औषधि बिक्री गर्न नहुने: (१) कसैले जानीजानी औषधिको असर शून्य वा घटी वा बदलिने वा हानिकारक हुने गरी कुनै औषधिमा मिसावट गर्न वा त्यसरी मिसावट भएको औषधि वा अन्य कुनै वस्तुलाई औषधि भनी बिक्री गर्न वा उपचारको निमित्त कसैलाई दिन वा कुनै व्यक्तिलाई त्यस्तो औषधि सेवन गर्न वा गराउन लगाउन हुँदैन । (२) उपदफा (१) बमोजिमको कसूर गर्ने व्यक्तिलाई देहाय बमोजिम सजाय हुनेछः–

(क) त्यस्तो औषधि सेवन गरेको कारणले ज्यान मरिसकेकोमा ज्यान मारेको सरह,

(ख) त्यस्तो औषधि सेवन गरेको कारणले ज्यान मर्न सक्ने गरी खतरा पुगेको वा पुग्ने सम्भावना भएकोमा ज्यान मार्ने उद्योग गरे सरह,

(ग) त्यस्तो औषधि सेवन गरेको कारणले शरीरको कुनै अङ्गभङ्ग हुने वा सोको शक्ति क्षीण वा हरण हुन सक्ने भएमा दश वर्षसम्म कैद र एक लाख रुपैयाँसम्म जरिवाना,

(घ) खण्ड (क), (ख) वा (ग) को अवस्थामा बाहेक अन्य अवस्थामा पाँच वर्षसम्म कैद र पचास हजार रुपैयाँसम्म जरिवाना । २३६. म्याद नाघेको वा पूर्व सावधानी नलिई औषधि बिक्री, वितरण गर्न नहुने: (१) कसैले कुनै निश्चित समयावधिभित्र प्रयोग गरिसक्नु पर्ने औषधि सो म्याद नाघे पछि बिक्री गर्न वा कुनै औषधि बिक्री वितरण गर्दा कुनै खास पूर्व सावधानी लिनु पर्नेमा त्यस्तो नलिई बिक्री वितरण गर्न हुँदैन । (२) उपदफा (१) बमोजिमको कसूर गर्ने वा गराउने व्यक्तिलाई एक वर्षसम्म कैद र दश हजार रुपैयाँसम
Muluki Criminal Code, 2017

्म जरिवाना हुनेछ । २३७. एक औषधिलाई अर्को औषधि भनी बिक्री वितरण गर्न नहुने: (१) कानून बमोजिम औषधि बिक्री गर्न पाउने व्यक्तिले औषधि बिक्री वितरण गर्दा एक किसिमको औषधिलाई तात्विक रुपमा भिन्न अर्को किसिमको औषधि हो भन्ने जानीजानी वा थाहा पाउनु पर्ने मनासिब कारण भई बिक्री वितरण गर्न हुँदैन । (२) उपदफा (१) बमोजिमको कसूर गर्ने वा गराउने व्यक्तिलाई दुई वर्षसम्म कैद वा बीस हजार रुपैयाँसम्म जरिवाना वा दुवै सजाय हुनेछ । २३८. झुट्टा प्रतिवेदन दिन नहुने: (१) कानून बमोजिम मानव रगत, मूत्र वा खकार आदि प्रयोगशाला परीक्षण (प्याथोलोजिकल टेस्ट) गर्न इजाजतपत्र प्राप्त व्यक्तिले त्यसरी परीक्षण गर्दा झुट्टा वा गलत प्रतिवेदन दिन वा परीक्षणबाट प्राप्त तथ्यभन्दा फरक तथ्य उल्लेख गरी प्रतिवेदन दिन हुँदैन । (२) उपदफा (१) बमोजिमको कसूर गर्ने वा गराउने व्यक्तिलाई तीन वर्षसम्म कैद र तीस हजार रुपैयाँसम्म जरिवाना हुनेछ । (३) उपदफा (१) बमोजिमको प्रतिवेदनको आधारमा कसैलाई औषधि सिफारिस गरी सेवन गर्दा, चिरफार गर्दा वा उपचार गर्दा कसैको ज्यान मरेमा वा अङ्गभङ्ग भएमा त्यस्तो प्रतिवेदन दिने व्यक्ति कसूरदार मानिनेछ । (४) उपदफा (३) बमोजिम कसूर गर्ने वा गराउने व्यक्तिलाई ज्यान मरिसकेको भए ज्यान मारे सरह र अङ्गभङ्ग भएको भए अङ्गभङ्ग गरे सरह सजाय हुनेछ । २३९. क्षतिपूर्ति भराई दिनु पर्ने: यस परिच्छेद बमोजिमको कसूर गरेको कारणबाट कसै को ज्यान मरेमा वा अङ्गभङ्ग भएमा वा अन्य हानि, नोक्सानी वा क्षति पुगेकोमा कसूरदारबाट सम्बन्धित पीडितलाई र पीडितको मृत्यु भएकोमा निजको हकवालालाई मनासिब क्षतिपूर्ति भराई दिनु पर्नेछ । २४०. हदम्याद: (१) दफा २३० को उपदफा (४), २३१, २३२, २३३ को उपदफा (४), २३५ र २३८ को उपदफा (४) बमोजिमको कामबाट ज्यान मरेमा मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । दफा १८७ को उपदफा (१) मा उल्लिखित हदम्याद लाग्नेछ । (२) दफा २३० को उपदफा (१) अन्तर्गतको कसूरमा त्यस्तो कसूर भएको कुरा थाहा पाएको मितिले एक वर्ष र यस परिच्छेद अन्तर्गतको अन्य कसूरको हकमा त्यस्तो कसूर भए गरेको मितिले छ महिना नाघेपछि उजुर लाग्ने छैन । परिच्छेद-२०

चोरी तथा डाँका सम्बन्धी कसूर

२४१. चोरी गर्न नहुने: (१) कसैले चोरी गर्न वा गराउन हुँदैन । (२) उपदफा (१) को प्रयोजनको लागि कसैले अन्य व्यक्तिको स्वामित्व, कब्जा, नियन्त्रण वा जिम्मामा रहेको चल सम्पत्ति आफ्नो बनाउने, उपभोग गर्ने वा लिन खानका लागि त्यस्तो व्यक्तिको मञ्जुरी बिना बेइमानीका नियतले लिएमा वा स्थान परिवर्तन गरेमा निजले चोरी गरेको मानिनेछ । स्पष्टीकरणः यस दफाको प्रयोजनका लागि -

(क) "मञ्जुरी" भन्नाले लिखित वा मौखिक रुपमा दिइएको वा आचरणद्वारा व्यक्त भएको मञ्जुरी सम्झनु पर्छ । (ख) अठार वर्ष नपुगेका बालबालिकाको वा होस ठेगानमा नभएको व्यक्तिको मञ्जुरील
Muluki Criminal Code, 2017

ाई मञ्जुरी मानिने छैन । २४२. चोरी गरेमा हुने सजाय: (१) देहाय बमोजिमको अवस्थामा चोरी गर्ने वा गराउने व्यक्तिलाई दुई वर्षदेखि सात वर्षसम्म कैद र बीस हजार रुपैयाँदेखि सत्तरी हजार रुपैयाँसम्म जरिवाना हुनेछः-

(क) कुनै सरकारी वा सार्वजनिक सम्पत्ति वा कुनै धार्मिक स्थान वा देवालयको सम्पत्ति चोरी गरेमा,

(ख) कुनै व्यक्तिलाई मादक पदार्थ खुवाई वा लागू पदार्थ सेवन गराई वा अरु किसिमले बेहोस गराई कुनै सम्पत्ति चोरी गरेमा,

(ग) भूकम्प, आगलागी, बाढी, हुलदङ्गा वा यस्तै प्रकृतिको अरु कुनै सङ्कटपन्न स्थिति वा कुनै दुर्घटनाको मौका छोपी कुनै सम्पत्ति चोरी गरेमा,

(घ) आफू जुन कार्यालय वा व्यक्तिको सेवामा रहेको छ त्यस्तो कार्यालय वा व्यक्तिको सम्पत्ति चोरी गरेमा,

(ङ) मानिस वा वस्तु परिवहनका लागि उपयोग भएको कुनै सवारीमा चोरी गरेमा । (२) उपदफा (१) मा लेखिएदेखि बाहेक अन्य अवस्थामा चोरी गर्ने वा गराउने व्यक्तिलाई तीन वर्षसम्म कैद र तीस हजार रुपैयाँसम्म जरिवाना हुनेछ । २४३. नकवजनी चोरी गर्न नहुने: (१) कसैले नकवजनी चोरी गर्न वा गराउन हुँदैन । (२) उपदफा (१) को प्रयोजनको लागि कुनै घरमा सो घरको मूल ढोका फोरी वा मूल ढोका बाहेक अन्य कुनै बाटो, स्थान वा तरिका वा साधनबाट प्रवेश गरी चोरी गरेमा वा चोरी गरिसकेपछि मूल ढोका फोरी वा मूल ढोका बाहेक अन्य कुनै बाटो, स्थान वा तरिका वा साधनबाट बाहिर निस्केमा वा निस्कने उद्यो ग गरेमा निजले नकवजनी चोरी गरेको मानिनेछ । (३) उपदफा (१) बमोजिमको कसूर गर्ने व्यक्तिलाई तीन वर्षदेखि पाँच वर्षसम्म कैद र तीस हजार रुपैयाँदेखि पचास हजार रुपैयाँसम्म जरिवाना हुनेछ । २४४. डाँका गर्न नहुने: (१) कसैले डाँका गर्न वा गराउन हुँदैन । (२) कसैले देहाय बमोजिमको चोरी गरेमा निजले डाँका गरेको मानिनेछः-

(क) चोरी गर्नका लागि वा चोरी गर्दा वा चोरी गरेको सम्पत्ति लैजान वा चोरी गरेपछि पक्राउबाट बच्नका लागि कुनै व्यक्तिको ज्यान लिएमा वा निजलाई मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । गम्भीर चोट पुर्याएमा वा बाँधछाँद वा थुनछेक गरेमा वा सो कुराको उद्योग गरेमा वा तत्कालै कुनै व्यक्तिको ज्यान लिने वा निजलाई मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । गम्भीर चोट पुर्याउने डरत्रास देखाएमा वा जोखीमी हातहतियार साथमा लिई चोरी गरेमा,

(ख) तत्कालै कसैको ज्यान लिने वा कसैलाई चोट पुर्याउने वा नियन्त्रणमा लिने डरत्रास देखाई वा आपराधिक लाभ लिई कुनै रकम वा आर्थिक लाभ प्राप्त गरेमा,

(ग) बाटो घाटो, एकान्त स्थल वा जङ्गलमा ढुकी डर, त्रास देखाई जोखीमी हातहतियार प्रयोग गरी वा सो प्रयोग गर्ने धम्की दिई वा चोरी गरेमा । (घ) तीन जना वा तीन जनाभन्दा बढीको जमात भई चोरी गरेमा । (३) उपदफा (१) बमोजिमको कसूर गर्ने व्यक्तिलाई देहाय बमोजिम सजाय ह
Muluki Criminal Code, 2017

ुनेछः-

(क) उपदफा (२) को खण्ड (क) वा (ख) बमोजिमको कसूर भए सात वर्षदेखि चौध वर्षसम्म कैद र सत्तरी हजार रुपैयाँदेखि एक लाख चालीस हजार रुपैयाँसम्म जरिवाना,

(ख) उपदफा (२) को खण्ड (ग) वा (घ) बमोजिमको कसूर भए पाँच वर्षदेखि दश वर्षसम्म कैद र पचास हजारदेखि एक लाख रुपैयाँसम्म जरिवाना । २४५. चोरीमा प्रयोग हुने औजार लिई हिड्न नहुने: (१) कसैले चोरी गर्ने वा डाँका गर्ने नियतले चोरी वा डाँकामा प्रयोग हुन सक्ने औजार, मालसामान, हातहतियार, नक्कली साँचो, पञ्जा, भर्याङ आदि साधन लिई कसैको घर परिसरमा हिड्न वा प्रवेश गर्न वा प्रवेश गर्ने उद्योग गर्न हुँदै

(5) If any person has obtained any property by fraud, such person shall return such property to the concerned owner, and if such property has been destroyed, the loss thereof shall be recovered from the other assets of the offender and paid to the owner. 280. Not to bring forged document into use as if genuine: (1) No person shall, knowing or having reasonable cause to believe that a document is forged, bring such document into use as if it were genuine.

(2) A person committing or causing to commit an offense under sub-section (1) shall be liable to the same punishment as for committing forgery. 281. Punishment as abettor: (1) A person who knowingly witnesses or writes a document knowing it to be a forged document shall be deemed an abettor of the offense of forgery.

(2) An abettor under sub-section (1) shall be liable to half the punishment mentioned in sub-section (3) of Section 276 as amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. 282. Compensation to be paid: If any person has suffered loss or damage from an offense under this Chapter, reasonable compensation for such loss or damage shall be recovered from the offender and paid to the person who suffered such loss or damage. 283. Limitation: No complaint shall lie after the expiry of two years from the date of knowledge of the forgery of a public document, and after the expiry of six months from the date of knowledge of the commission of any other offense under this Chapter. Chapter-26

Offenses Relating to Criminal Trespass and Criminal Nuisance

284.
Muluki Criminal Code, 2017

Chapter-26

Offenses Relating to Criminal Trespass and Criminal Nuisance

284. Not to commit criminal trespass: (1) No person shall commit or cause to commit criminal trespass upon the property of another.

(2) For the purposes of sub-section (1), if a person, without authority, enters into any property owned or possessed by another person, without the consent of such person, whether with or without a crowd, with the intention of doing any of the following acts, or having entered with consent, remains in, occupies, or uses such property with the intention of doing any such act, such person shall be deemed to have committed criminal trespass:
(a) to commit any offense, or
(b) to intimidate, insult, or annoy the person who owns or possesses the property.

(3) A person committing an offense under sub-section (1) shall be liable to the following punishment:
(a) for criminal trespass for the purpose of clause (a) of sub-section (2), the same punishment as for attempting such offense,
(b) for entering a government office or a house where a person resides with the intent mentioned in clause (b) of sub-section (2), imprisonment for up to six months or a fine of up to five thousand rupees or both. Explanation: For the purposes of this section:
(1) A place of temporary residence shall also be deemed a house.
(2) Entering or using a path, passage, water spout, irrigation canal, cremation ground, or temple that has been used since ancient times shall not be deemed criminal trespass. 285.
Muluki Criminal Code, 2017

286. Not to commit rioting/looting: (1) No person shall commit or cause to commit rioting/looting.

(2) For the purposes of sub-section (1), if a person, otherwise than by theft or fraud, by force or without force, by snatching, seizing, or manhandling, or by threatening to do so, does any act with the intention of taking away or causing harm or loss to property owned, entrusted to, or under the control of another, to which such person has no right, such person shall be deemed to have committed rioting/looting.

(3) A person committing an offense under sub-section (1) shall be liable to imprisonment for up to three months or a fine of up to twenty-five percent of the value of the looted property, or both, and the value of the looted property shall be recovered from the offender and paid to the victim. 287. Not to take property obtained by committing an offense: (1) No person shall take, keep, or buy or sell any property knowing or having reasonable cause to believe that it is property obtained by committing an offense.

(2) A person committing or causing to commit an offense under sub-section (1) shall be liable to imprisonment for five years or a fine of up to fifty thousand rupees, or both.

(3) Property taken, kept, or bought or sold under sub-section (1) shall be returned to the owner of such property. 288. Limitation: No complaint shall lie after the expiry of six months from the date of commission of the offense under Section 284 or 285, after the expiry of three months from the date of commission of the offense under Section 286, and after the expiry of three months from the date of knowledge of the commission of any other offense under this Chapter. Chapter-27

Offenses Relating to Animals

289.
Muluki Criminal Code, 2017

Chapter-27

Offenses Relating to Animals

289. Not to kill or beat cow or ox: (1) No person shall do or cause to do any act with the intention of killing or causing any injury to a cow or ox.

(2) If a cow or ox dies as a result of an act under sub-section (1), the person committing such offense shall be liable to imprisonment for up to three years.

(3) If any person beats a cow or ox causing dismemberment, such person shall be liable to imprisonment for up to six months, and if causing other injury, a fine of up to fifty thousand rupees.

(4) Notwithstanding anything written in sub-section (1), if any person does any act necessary to prevent damage to his or another's body or life being caused by a cow or ox, and as a result such cow or ox dies or suffers any injury, such act shall not be deemed an offense under this section. 290. Not to treat animals cruelly: (1) No person shall treat any animal cruelly or brutally by beating, driving, causing it to carry a load beyond its carrying capacity, causing it to run beyond its ability, using for work an animal incapable of work due to disease, wound, sore, or any other reason, administering harmful substances, or in any other way causing torture; nor shall any person abandon a domesticated animal in public due to it being sick or old; nor shall any person treat any animal in any other cruel or brutal manner. Provided that, for the purpose of teaching or training an animal to do work, or to make it proficient in its work, the use of minimal force shall not be prohibited, nor shall there be any obstruction to having an animal carry or run with a load according to its physical capacity.

(2) A person committing or causing to commit an offense 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. 291. Not to kill animal or bird in a public place: (1) Except as otherwise provided in this Code, no person shall kill any animal or bird in any public place other than a religious site where sacrifice has traditionally been offered. Provided that there shall be no bar to killing an animal or bird at a fair, festival, market, or event, or place where the slaughter of animals or birds has traditionally been practiced.
Muluki Criminal Code, 2017

Provided that there shall be no bar to killing an animal or bird at a fair, festival, market, or event, or place where the slaughter of animals or birds has traditionally been practiced. Explanation: For the purposes of this section, "public place" means a path, road, bridge, courtyard, or place where people move about.

(2) When a sacrifice is required under sub-section (1), no animal or bird may be sacrificed in a public or religious site other than a religious site where sacrifice has traditionally been offered.

(3) When a sacrifice of an animal or bird is required under sub-section (1), if other alternatives to the sacrifice of an animal or bird exist, such alternative measure shall be adopted.

(4) If it is not possible to adopt the measure under sub-section (3) and the sacrifice of an animal or bird must be made, the sacrifice shall be performed at a place determined by the management of the concerned religious site and in accordance with the method determined by it for that purpose.

(5) A person committing or causing to commit an offense under this section shall be liable to imprisonment for up to one month or a fine of up to five thousand rupees, or both. 292. Limitation: No complaint shall lie in respect of an offense under Section 290 after the expiry of three months from the date of commission of such offense, and in respect of any other offense under this Chapter after the expiry of three months from the date of knowledge of the commission of such offense. Part-3

Offenses Against Personal Privacy and Reputation

Chapter-1

Offenses Against Privacy

293. Not to listen to or record sound of another's conversation: (1) No person shall, without the permission of a competent authority or without the consent of the persons conversing, listen to or make a sound recording of any conversation between two or more persons by using any mechanical device.

(2) A person committing or causing to commit an offense 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. Provided that this section shall not apply to speeches or statements made in public. 294. Not to disclose confidential matter: (1) No person shall disclose any confidential matter of a person learned in the course of his professional work, except where compelled by law or where such person has given permission.

(2) A person committing an offense 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. 295.
Muluki Criminal Code, 2017

295. Not to photograph a person or distort a photograph without permission: (1) No person shall, without the permission of a person, photograph such person, or create another photograph by superimposing the photograph of someone else with that person's photograph. Provided that if, while taking a photograph of any public place, a photograph of a person present at such place is also taken incidentally, it shall not be deemed an offense under this section.

(2) A person committing or causing to commit an offense 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) No person shall create or publish a distorted photograph by combining a part of one person's photograph with another part of another person's photograph, or in any other manner.

(4) A person committing or causing to commit an offense under sub-section (3) shall be liable to imprisonment for up to two years or a fine of up to twenty thousand rupees, or both. 296. Not to give or sell another's photograph to others without permission: (1) No person shall, without the permission of a person, give or sell such person's photograph to others, or publish, disseminate, or buy or sell such photograph with the intention of annoying, harassing, troubling such person, or taking any undue advantage from such person, or obtaining benefit by commercial use of the photograph.

(2) A person committing or causing to commit an offense 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. 297. Not to open letter or listen to telephone conversation: (1) Without the permission of a competent authority or the concerned person, no person shall open another's letter, or listen in the middle to the telephone conversation of others by using any mechanical device, or make a sound recording thereof.

(2) A person committing or causing to commit an offense 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. 298. Not to breach privacy through electronic means: (1) No person shall breach the confidentiality of information, knowledge, or communication existing or transmitted in an electronic medium to obtain it without authorization, or transfer or cause to transfer it to another without authorization.

(2) A person committing or causing to commit an offense 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. 299.
Muluki Criminal Code, 2017

299. Not to transmit deceptive telephone calls or messages: (1) No person shall transmit or cause to transmit deceptive telephone calls or messages, whether disclosing his identity or not, with the intention of deceiving, cheating, harassing, or troubling another.

(2) A person committing or causing to commit an offense 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. 300. Not to write letters with mala fide intention to harass: (1) No person shall, with the mala fide intention of causing fear, terror, distress, harassment, insult, or disrespect to another, write or cause to write any letter, pamphlet, or any other kind of document, or threaten, trouble, tease, or in any other manner treat improperly by electronic means, or cause to do so.

(2) A person committing or causing to commit an offense 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. 301. Not to search another's body: (1) No person shall, without the consent of the concerned person, search or cause to search another's body, vehicle, or articles of personal use, except by a person authorized by law or a person deployed for security purposes on the order of such authorized officer, or with the permission of a competent authority.

(2) A person committing or causing to commit an offense 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. 302. Not to enter another's residence without authority: (1) No person shall, without the consent of the concerned householder, enter another's house without authority, breach the privacy of the householder or his family, or search or cause to search such house, except by a person authorized by law or on the order of such person. Explanation: For the purposes of this section, "house" means a house, residence, dwelling, or room where a person resides, and such term also includes a hotel room, camp, and tent where such person stays overnight.

(2) A person committing or causing to commit an offense 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. 303. Compensation to be paid: If any person, by committing an offense under this Chapter, has obtained any benefit or caused any kind of harm, loss, harassment, or damage to another, compensation for such benefit, harm, loss, harassment, or damage shall also be paid from the offender. 304.
Muluki Criminal Code, 2017

306. Not to defame: (1) No person shall defame another.

(2) For the purposes of sub-section (1), if a person does any of the following acts, such person shall be deemed to have defamed:
(a) with the intention of harming another's reputation, or knowing or having reasonable cause to believe that harm may be caused, by writing, conduct, or image or sign or publicity, or in any other manner, directly or indirectly, in the eyes of others, lowering such person's personal character, conduct, morality, or goodwill by character assassination, or imputing that such person's body is in a generally disgusting condition, or disseminating, propagating, or publishing such imputation, or knowingly selling or distributing any article used as a means of defaming another,
(b) making an imputation against a deceased person, knowing that if such imputation were made when such person was alive, it would have harmed his reputation, and intending to hurt the feelings of his family or other near relatives,
(c) Deleted by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.(c)

(3) Notwithstanding anything written in sub-section (2), the following acts shall not be deemed defamatory:
(a) publishing or transmitting true facts relating to a person, with evidence and basis, in the interest of the general public,
(b) a public servant publishing, in good faith and in a dignified manner, any matter concerning the conduct of any person arising from the performance of his official duties, or concerning his character only to the extent that it is understood from such conduct,
(c) expressing in good faith any opinion concerning the conduct of a person relating to the importance of any public position or office, and concerning his character to the extent understood from such conduct,
(d) expressing in good faith and in a dignified manner any opinion on the quality or defect of any matter submitted by a person for public opinion, or on the character of the person submitting such matter only to that extent,
(e) imputing, in good faith, any defect in the conduct of a person over whom another person has a right by law or by contract, in matters relating to such right,
(f) investigating any offense in accordance with law, or prosecuting a person on such basis in accordance with law,
(g) warning another against any other person for the benefit of that other person, for the benefit of a person in whom that other person has an interest, or for the benefit of the general public,
(j) Added by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.(j) satirizing or making any comment with basis and reason, or publishing or transmitting any matter, in good faith, concerning any act, character, or conduct of a person, for the sake of public interest, integrity, or morality.
Muluki Criminal Code, 2017

307. Punishment for defamation: (1) If any person defames or causes to defame another, such person shall be liable to imprisonment for up to two years or a fine of up to twenty thousand rupees, or both. Provided that if defamation is committed or caused through electronic or other mass media, in addition to such punishment, there shall be imprisonment for up to one year and a fine of up to ten thousand rupees.

(2) If a person is found to have defamed or caused to defame another, the person defamed shall be paid reasonable compensation from the offender, having regard to the gravity of the offense, the effect on the reputation of such person, and if the defamation was committed through electronic or other mass media, considering that fact as well, and the costs incurred by such person in the case shall also be recovered from the offender.

(3) If a deceased person is found to have been defamed under this Chapter, such compensation and the amount of costs incurred in the case shall be recovered from the offender and paid to the near successor of the deceased whose feelings were hurt by such defamation. 308. Limitation: No complaint shall lie after the expiry of three months from the date of knowledge of the commission of an offense under this Chapter.
Nepal Railway Act, 2022

4. Board to be an Autonomous and Corporate Body: (1) The Board shall be an autonomous and corporate body with perpetual succession, and shall have a legal personality.

(2) As a legal entity, the Board may exercise powers, perform duties, and discharge liabilities in accordance with the prevailing law. 5. Board of Directors of the Board: (1) There shall be a Board of Directors in the Board for the conduct of business to be carried out on behalf of the Board.

(2) The Board of Directors of the Board shall be constituted as follows:-

(a) Minister or Minister of State of the Government of Nepal dealing with railway matters - Chairperson
(b) Secretary of the Ministry - Member
(c) Secretary or Joint Secretary designated by him/her, Ministry of Finance - Member
(d) Secretary or Joint Secretary designated by him/her, Ministry of Home Affairs - Member
(e) At least two persons, including at least one woman, nominated by the Ministry from among persons who have obtained at least a post-graduate degree in Chartered Accountancy, Commerce, Management, or Transport Management from a recognized educational institution and have at least five years of experience in the relevant field - Member
(f) At least two persons, including at least one woman, nominated by the Ministry from among persons who have obtained at least a post-graduate degree in Civil, Electrical, or Mechanical Engineering from a recognized educational institution and have at least five years of experience in the relevant field - Member
(g) Railway Administrator - Member-Secretary

(3) The following person shall not be eligible for nomination as a member pursuant to clauses (e) and (f) of Sub-section (2): -

(a) A non-Nepali citizen,
(b) A person who has not completed twenty-five years of age,
(c) A person who has been blacklisted pursuant to prevailing law for failing to repay a loan from a bank or financial institution,
(d) A person who has been convicted of an offense related to corruption, rape, human trafficking and transportation, narcotic drug sale, distribution and transportation, money laundering, passport misuse, abduction, or a criminal offense involving moral turpitude, or has been sentenced to imprisonment for three years or more for any other criminal offense, and such verdict has become final,
(e) A person who has obtained permanent residency of a foreign country, or
(f) A person holding an office of profit.
Nepal Railway Act, 2022

Explanation: For the purposes of this clause, "office of profit" means a position that receives remuneration or benefits from the government treasury.

(4) The term of office of members nominated pursuant to clauses (e) and (f) of Sub-section (2) shall be four years.

(5) Notwithstanding anything contained in Sub-section (4), the Ministry may remove a member nominated pursuant to clauses (e) and (f) of Sub-section (2) from office at any time in the following circumstances:-

(a) If he/she fails to fulfill his/her official responsibilities,
(b) If he/she acts against the interests of the Board,
(c) If he/she engages in misconduct, or
(d) If he/she lacks competence.

(6) Before removing a member pursuant to Sub-section (5), he/she shall be given a reasonable opportunity to present his/her defense.

(7) The office of a member nominated pursuant to clauses (e) and (f) of Sub-section (2) shall become vacant in the following circumstances:-

(a) If he/she resigns from his/her office,
(b) If his/her term of office expires,
(c) If he/she becomes disqualified under Sub-section (3),
(d) If he/she is removed from membership pursuant to Sub-section (5), or
(e) If he/she dies. 6. Functions, Duties, and Powers of the Board: In addition to the functions, duties, and powers mentioned elsewhere in this Act, the functions, duties, and powers of the Board shall be as follows:-

(a) To provide necessary suggestions to the Government of Nepal regarding policies to be adopted for the development and expansion of railways and railway services,
(b) To carry out or cause to be carried out construction works of necessary structures for the operation of railway services,
(c) To operate or cause to be operated railway services in a safe, standard, regular, and reliable manner,
(d) To make necessary coordination with provincial governments and local levels regarding the expansion and operation of railway services,
(e) To carry out or cause to be carried out maintenance works of structures related to railway operation,
(f) To approve annual plans, programs, and budgets of the Board,
(g) To monitor and evaluate plans and programs operated under the Board, or cause them to be monitored and evaluated, and
(h) To carry out or cause to be carried out other functions as prescribed. 7.
Nepal Railway Act, 2022

7. Meeting and Decision of the Board: (1) A meeting of the Board shall be held at least once every three months.

(2) The meeting of the Board shall be held on the date, time, and place designated by the Chairperson.

(3) The Member-Secretary of the Board shall make available the agenda for discussion in the meeting to all members at least forty-eight hours before the meeting.

(4) The presence of more than fifty percent of the total number of members of the Board shall constitute a quorum for a meeting of the Board.

(5) The Chairperson of the Board shall preside over the meeting of the Board.

(6) The opinion of the majority shall prevail in a meeting of the Board, and in case of a tie, the person presiding over the meeting of the Board shall cast the deciding vote.

(7) The Board may invite any expert related to the work of the Board to participate in a meeting of the Board.

(8) The decision of a meeting of the Board shall be certified by the person presiding over the meeting of the Board and kept safely by the Member-Secretary.

(9) Other procedures relating to meetings of the Board shall be as determined by the Board itself.

(10) The Chairperson and members of the Board shall receive meeting allowances as prescribed for participating in meetings of the Board. 8. Not to Participate in Meeting: (1) The Chairperson and a member of the Board having a personal interest in any matter to be discussed in a meeting of the Board shall not be entitled to participate in the meeting on that matter.

(2) If the Chairperson or any member has a direct or indirect interest in a matter on the agenda after receiving the agenda for discussion in the meeting, he/she shall self-declare such interest and inform the Member-Secretary of the Board that he/she will not participate in that meeting.

(3) Notwithstanding anything contained in Section 7, under the circumstances mentioned in Sub-section (1), if the Chairperson is unable to participate in the meeting, the Secretary of the Ministry shall preside over the meeting of the Board. Chapter-3

Powers of the Government of Nepal

9.
Nepal Railway Act, 2022

Chapter-3

Powers of the Government of Nepal

9. Power to Give Orders or Directions: (1) The Government of Nepal may give necessary directions to the Board regarding the operation of trains and railway services.

(2) If it appears that any property of the railway has been damaged, is likely to be damaged, or obstruction has occurred in the enjoyment of such property, the Government of Nepal may order the Board, any person, institution, or body to stop such an act.

(3) If the Board does or attempts to do any act contrary to this Act or the rules made under this Act, the Government of Nepal may order to stop such act.

(4) The Government of Nepal may, by publishing a notice in the Nepal Gazette, grant exemption or concession in any or all fares payable to the Board, in prescribed circumstances, so that persons with disabilities, specific persons, or groups of persons as prescribed do not have to pay or pay less fare. 10. Operation of Railway Services in Foreign Territory: (1) The Government of Nepal may, on the basis of reciprocity, make necessary arrangements for the operation or causing to be operated railway services up to the territory of one or more foreign nations, or from a foreign nation up to the territory of Nepal, or through the territory of Nepal to another foreign nation.

(2) For the purpose of Sub-section (1), the Government of Nepal may, by agreement with the concerned foreign nation, determine the basis, conditions, methods, and procedures for the operation of railway services.

(3) If, pursuant to an agreement made under Sub-section (2), railway services of a foreign nation are to be operated within Nepal, the provisions of the prevailing Nepal law shall apply while such railway services are being operated within Nepal. 11. May Constitute Security Unit: (1) Upon the request of the Board, the Government of Nepal may constitute a separate security unit for the security of the railway.

(2) Until a security unit under Sub-section (1) is constituted, the Government of Nepal shall make arrangements for the security of the railway.

(3) Other provisions relating to the security unit to be constituted under Sub-section (1) shall be as prescribed. Chapter-4

Inspection of Railway and Determination of Fare

12. Must Cause Inspection to Operate Railway: The Board shall cause necessary inspections to be carried out from time to time by experts regarding whether or not the railway is suitable from a technical and safety point of view for operation. 13.
Nepal Railway Act, 2022

Chapter-4

Inspection of Railway and Determination of Fare

12. Must Cause Inspection to Operate Railway: The Board shall cause necessary inspections to be carried out from time to time by experts regarding whether or not the railway is suitable from a technical and safety point of view for operation. 13. To Prescribe Fare and Charges: (1) The Board shall prescribe the fare for passengers and the carriage charges for luggage and goods, and demurrage charges.

(2) The Board shall, pursuant to Sub-section (1), prescribe the circumstances under which demurrage charges are applicable and classify items for that purpose.

(3) Details of the fares and charges prescribed pursuant to Sub-section (1) shall be mentioned in the Tariff Book.

(4) The basis for prescribing fares and charges pursuant to Sub-section (1) shall be as prescribed. 14. Provision for Tariff Book: The Board shall make provisions for a Tariff Book to regularize and systematize arrangements related to fares and charges. 15. Must Publish Timetable and Rate of Fare: The Board shall publish the timetable for arrival and departure of trains and the fare rate for travel from one station to another for information at least seven days before the date on which such fare rate becomes effective. Chapter-5

Driver's License

16. Not to Drive Train Without License: No person shall drive a train without obtaining a train driver's or assistant driver's license. 17. License for Train Driver or Assistant Driver: (1) A person desiring to obtain a train driver's or assistant driver's license shall submit an application to the Railway Administrator through any office of the Board in the format as prescribed, attaching the following documents:-

(a) Copy of citizenship certificate or identification certificate issued by the concerned country,
(b) Copy of the certificate obtained pursuant to clause (b) of Sub-section (1) of Section 18, and
(c) Certificate of fitness given by a doctor recognized by the Government of Nepal after examining his/her health regarding the matters pursuant to Sub-section (2) of Section 18.

(2) If, upon examining the application received pursuant to Sub-section (1), it appears appropriate to grant a train driver's or assistant driver's license, the Railway Administrator shall issue the train driver's or assistant driver's license as prescribed.

(3) Provisions relating to the renewal and cancellation of a train driver's or assistant driver's license, and the fee chargeable for issuing or renewing the license, shall be as prescribed. 18.
Nepal Railway Act, 2022

18. Qualification for Train Driver or Assistant Driver: (1) A person fulfilling the following qualifications shall be eligible to obtain a driver's or assistant driver's license pursuant to Section 17:-

(a) Passed at least a Diploma level in Mechanical, Electrical, Electronics, or Automobile subjects from a recognized educational institution,
(b) Obtained a certificate proving competence to drive trains after undergoing training as a train driver or assistant driver from a recognized training institution,
(c) Completed twenty-one years of age and not exceeding forty years of age, and
(d) In the case of a train driver, worked as an assistant train driver for at least three years.

(2) Notwithstanding anything contained in Sub-section (1), the following person shall not be able to obtain a train driver's or assistant driver's license:-

(a) A person not fit to drive a train due to physical or mental illness,
(b) A person whose eyesight is weak and even with glasses does not have normal vision,
(c) A person who cannot hear ordinary sounds or noise, or cannot see and hear signals,
(d) A person having color blindness such that he/she cannot instantly distinguish colors like red, green, yellow,
(e) A person with night blindness, or
(f) A person whose hands or legs are weak and cannot perform work. 19. Validity of Foreign Driver's License: If a person has obtained a train driver's or assistant driver's license from a foreign country, and such person submits an application pursuant to Section 17 to drive a train in Nepal, the Railway Administrator may, upon collecting the fee applicable for a train driver's or assistant driver's license, issue a train driver's or assistant driver's license under this Act. 20. Not to Give License to Other Person: A train driver or assistant driver shall not give his/her license to another person for the purpose of driving a train. 21. Not to Drive Train After Consuming Intoxicating or Other Narcotic Substances: A train driver or assistant driver shall not drive a train after consuming intoxicating or any other type of narcotic substances. Chapter-6

Ticket and Authority Letter

22. Not to Travel Without Ticket or Authority Letter: No person shall enter a railway platform or travel by train without obtaining a ticket or Authority Letter. 23.
Nepal Railway Act, 2022

Chapter-6

Ticket and Authority Letter

22. Not to Travel Without Ticket or Authority Letter: No person shall enter a railway platform or travel by train without obtaining a ticket or Authority Letter. 23. To Issue Ticket or Authority Letter: (1) The Board shall issue a ticket to a person desiring to travel by train after the fare amount payable for the journey is paid.

(2) Notwithstanding anything contained in Sub-section (1), the Board may issue an Authority Letter as prescribed so that a person may travel by train without paying fare.

(3) A passenger must purchase a ticket by paying the fare for travel by train or obtain an Authority Letter for that purpose.

(4) If the Board has installed Automatic Ticket Vending Machines at railway stations for the convenience of passengers, a passenger may obtain a ticket from such machine by paying the fare up to the destination station.

(5) The format of the railway ticket, and the level or class of railway travel, shall be as determined by the Board. 24. May Refuse Travel: (1) The Board may refuse to allow any person in the following circumstances to travel by train:-

(a) Suffering from a disease for which the Government of Nepal or a provincial government has prohibited travel under the prevailing law relating to communicable diseases,
(b) Recommended by a doctor that traveling by train would adversely affect his/her health,
(c) Having consumed intoxicating substances or narcotic drugs, allowing him/her on the journey may cause disturbance in the train or harm, damage, or inconvenience to other passengers,
(d) Carrying arms, other than security personnel deployed for the security of the train, or
(e) Engaged in suspicious activities likely to damage railway property or obstruct travel.

(2) Notwithstanding anything contained in clauses (a) and (b) of Sub-section (1), the Board may, if necessary, permit the person mentioned in those clauses to travel by keeping him/her separate from other persons.

(3) If any person mentioned in clause (c), (d), or (e) of Sub-section (1) is found traveling in a train, the ticket checker may remove him/her from the train at the nearest railway station at any time. 25. Must Travel Through Designated Path: A passenger must only use the path designated for that purpose when entering or leaving a train or railway station. 26. Cancellation of Ticket and Refund of Amount: Provisions relating to the cancellation of a railway ticket and the refund of the fare amount for the cancelled ticket shall be as mentioned in the Tariff Book. 27.
Nepal Railway Act, 2022

28. To Collect Fare: (1) The ticket checker shall immediately collect the following amounts as fare from a person traveling by train in the following circumstances, along with an additional amount equal to the fare applicable for not having a ticket or Authority Letter:-

(a) If any person is found traveling without a ticket or Authority Letter, or using an already used ticket or Authority Letter, the fare applicable from the place where he/she commenced the journey to his/her destination,
(b) If any person is found traveling in a class higher than the class mentioned in the ticket or Authority Letter, the balance fare after deducting the fare he/she has paid or is entitled to as per the Authority Letter from the actual fare payable.

(2) If a passenger fails to pay or refuses to pay the full amount under Sub-section (1), the ticket checker may remove him/her from the train at a railway station at any time.

(3) A passenger removed at a railway station pursuant to Sub-section (2) shall be handed over by the ticket checker to a security personnel, and written information thereof shall be provided to the Station Master.

(4) If, upon examining the written information received pursuant to Sub-section (3), it appears reasonable, the Station Master may order the passenger who did not pay the fare to pay the fare along with an additional amount equal thereto, and may impose a penalty of five times the fare amount.

(5) A person dissatisfied with the penalty imposed by the Station Master under Sub-section (4) may file a complaint with the Railway Administrator within thirty-five days from the date of such decision.

(6) The decision made by the Railway Administrator on the complaint filed under Sub-section (5) shall be final. Chapter-7

Carriage of Luggage and Compensation

29.
Nepal Railway Act, 2022

Chapter-7

Carriage of Luggage and Compensation

29. Carriage of Luggage: (1) Any passenger may cause luggage to be carried by train by paying the carriage charge as mentioned in the Tariff Book and registering the luggage with the Board.

(2) Notwithstanding anything contained in Sub-section (1), a passenger may take with themselves as luggage, without paying any carriage charge, items exempted as prescribed from paying carriage charges.

(3) Notwithstanding anything contained in Sub-sections (1) and (2), the following items shall not be carried as luggage:-

(a) Goods or items prohibited for carriage under prevailing law,
(b) Goods or items determined by the Board as dangerous for carriage by railway as luggage,
(c) Goods or items exceeding the size and weight determined by the Board,
(d) Goods or items subject to customs duty under prevailing law where such duty has not been paid, resulting in the concerned body prohibiting their carriage, and
(e) Live animals or other items as prescribed.

(4) When registering luggage pursuant to Sub-section (1), the Board shall issue a registration receipt in the format determined by it.

(5) The registration receipt issued pursuant to Sub-section (4) shall contain the following particulars:-

(a) Number of luggage pieces and their weight,
(b) Date and time of taking charge of the luggage for carriage,
(c) Place or station from which the luggage is consigned and to which it is to be delivered,
(d) Date determined for delivery of the luggage, and
(e) Other necessary details regarding carriage and charges.

(6) If any passenger is found to have carried by rail, by concealing, any item or live animal as mentioned in clause (a), (b), or (e) of Sub-section (3), the railway employee shall immediately offload such passenger and item or live animal at the next upcoming station and hand over the passenger carrying such item as per clause (a) or (b) of that sub-section to the concerned authorized official for action under prevailing law. 30. May Refuse Carriage of Luggage: If the packaging of any piece of registered luggage is found defective, not properly packed, or clearly damaged, the Board may refuse to carry such luggage. 31. Board Not Liable: The Board shall not be liable for any loss or damage caused to luggage carried by a passenger with themselves without registering it with the Board, except when such loss or damage is caused due to the act of an employee of the Board. 32.