chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Criminal Code, 2017

149. Not to Encroach Upon Natural Heritage: (1) No person shall, except as permitted by law, in any manner encroach upon or occupy natural heritage, or sell or distribute such heritage, or cause any kind of harm, loss or damage to its natural formation or beauty. Explanation: For the purpose of this section, "Natural heritage" means the following heritages:–

(a) National parks, wildlife or hunting reserves specified by the Government of Nepal for the protection of the natural environment, flora and fauna,

(b) Conservation areas, rivers, rivulets, streams, lakes, ponds, wetlands or natural waterfalls, mountain peaks or any part thereof, high mountain summits specified by the Government of Nepal,

(c) Wildlife, flora or geological formations protected by prevailing law or by the Government of Nepal, Provincial Government or Local Level,

(d) Habitats of wildlife protected by the Government of Nepal, Provincial Government or Local Level, environmental systems, or herbs the sale, distribution, export or import of which is prohibited.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding ten years and a fine according to the amount of loss if the loss is known, or a fine not exceeding ten hundred thousand rupees if the loss is not known, or both. 150. Not to Unlawfully Occupy or Destroy Public Physical Infrastructure: (1) Except as permitted by law, no person shall unlawfully occupy any public physical infrastructure, prevent its use, or in any manner cause harm, loss or destruction to it. Explanation: For the purpose of this section, "Public physical infrastructure" means the following structures used by the public:–

(a) Roads, paths, bridges, tunnels, airports,

(b) Reservoirs, canals, sources of drinking water and ponds, power houses, electricity transmission centres or lines,

(c) Ropeways, cable cars, telecommunication equipment, radio stations, television transmission centres and their towers,

(d) Railways and railway tracks,

(e) Public bus stations, public parks, or

(f) Other similar structures.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees. 151.
Muluki Criminal Code, 2017

151. Not to Insult or Damage National Anthem, Flag or Coat of Arms: (1) No person shall, with the intention of spreading hatred against Nepal or the Government of Nepal, insult the national anthem of Nepal, burn the flag of Nepal, knowingly insult it, or use such anthem, flag or the coat of arms of Nepal in any place, object or situation where it should not be used from the perspective of public morality, decency or propriety.

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

(3) No person shall, with the intention of spreading hatred against or insulting a country having friendly relations with Nepal, burn the national flag of such country, knowingly misuse it, or misuse the flag or coat of arms of such country, or use such flag or coat of arms in any object, place or situation where it should not be used from the perspective of public morality and decency.

(4) No person shall, with the intention of spreading hatred against or insulting the United Nations or a body or specialised agency associated with the United Nations, or any international or regional organisation of which Nepal is a member, in any manner misuse the flag or coat of arms of such organisation, or use such flag or emblem, vehicle or any other object of such organisation without its approval.

(5) A person committing or causing to commit an offence under sub-section (3) or (4) shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both. 152. Not to Insult National Heroes: (1) No person shall knowingly hate, insult or defame national heroes specified by the Government of Nepal, or break, harm or damage statues, pillars or monuments of such heroes. Provided that any comment made in good faith in the context of studying, researching or evaluating the biography of such heroes shall not be deemed an offence under this section.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding six months or a fine not exceeding five thousand rupees or both. 153. Compensation to Be Recovered: In respect of harm or loss caused by an offence under section 150, reasonable compensation shall be recovered from the offender. 154.
Muluki Criminal Code, 2017

153. Compensation to Be Recovered: In respect of harm or loss caused by an offence under section 150, reasonable compensation shall be recovered from the offender. 154. Limitation: In respect of offences under sections 147, 148 and 149 of this Chapter, a complaint may be filed at any time, and in respect of offences under other sections, no complaint shall lie after the expiry of six months from the date of commission of such offence. Chapter-9

Offences Relating to Religion

155. Not to Damage Religious Site or Place Considered Sacred: (1) No person shall, with the intention of hating or insulting the religious faith or religion of any caste, ethnicity, sect or class, or knowing that it may happen, cause harm, loss or damage to any place of religious worship, prayer or ritual, or any place, object, cremation ground or cemetery considered sacred, or in any manner defile, spoil, dirty or do any similar act.

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

(3) If a foreigner commits or causes to commit an offence under sub-section (1), he or she shall, within seven days of serving the imprisonment under sub-section (2), be deported from Nepal. 156. Not to Hurt Religious Sentiments: (1) No person shall, by writing, speech, shape or sign, or in any other manner, hurt the religious sentiments of any caste, ethnicity, sect or class.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding two years and a fine not exceeding twenty thousand rupees. 157. Not to Obstruct Religious Practices: (1) No person shall knowingly obstruct the religious practices of others that have been followed or observed since ancient times.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both. 158.
Muluki Criminal Code, 2017

158. Not to Cause Religious Conversion: (1) No person shall cause another person to change his or her religion, or attempt or incite to do so.

(2) No person shall do any act or behaviour that disturbs the religion, belief or faith of any caste, ethnicity or sect that has been followed since ancient times, or cause conversion to any other religion with or without any temptation, or propagate such religion or belief with the intention of causing religious conversion.

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

(4) If a person committing or causing to commit an offence under sub-section (1) or (2) is a foreigner, such person shall, within seven days of serving the imprisonment under this section, be deported from Nepal. 159. Limitation: In respect of an offence under section 158, no complaint shall lie after the expiry of six months from the date of knowledge of the commission of such offence, and in respect of other offences under this Chapter, no complaint shall lie after the expiry of three months from the date of commission of such offence. Chapter-10

Offences Relating to Discrimination and Other Derogatory Behaviour

160. Not to Discriminate: (1) Except as otherwise provided by law, an official exercising powers under law shall not, while exercising such powers or applying general law, knowingly discriminate against any citizen on the basis of origin, religion, colour, caste, ethnicity, sex, physical condition, disability, health status, marital status, pregnancy, economic condition, language or region, ideological belief or any other similar grounds.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both. 161. Not to Purchase, Sell or Distribute Goods or Services with Discrimination: (1) No person shall, while purchasing, selling or distributing any goods or services, or causing such acts, purchase, sell or distribute only from or to a person of a particular caste, ethnicity or sect, or refuse to provide or sell or distribute to a person of a particular caste, ethnicity or sect.
Muluki Criminal Code, 2017

Provided that if, with the approval of an authorised official under law, any particular goods or services are made available or sold or distributed only to persons of a particular caste, ethnicity or sect for the protection or development of the interests of a class that is economically, socially or educationally backward, it shall not be deemed an offence under this section.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both. 162. Not to Force Labour: (1) No person shall force another person to work against his or her will. Provided that nothing in this section shall be deemed to obstruct the conscription of labour for public works under law.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding three months or a fine not exceeding five thousand rupees or both. 143. Not to Enslave: (1) No person shall make another person a slave or a bond servant (kamara/kamari), keep such person in that status, force such person to work, or treat or cause to treat any person in any other similar manner.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term of five to ten years and a fine of fifty thousand to one hundred thousand rupees. 144. Not to Take Hostage or Keep in Bonded Labour: (1) No person shall keep any person as a bonded labourer (kamaiya) or as a hostage, or keep in bondage (bandha), or force to work in the status of a bond, or treat or cause to treat any person in any other similar manner, in return for any kind of consideration.

(2) A person committing or causing to commit an offence under sub-section (1) shall be liable to imprisonment for a term of three to seven years and a fine of thirty thousand rupees to one hundred thousand rupees. 145. Not to Disturb Social Customs: (1) No person shall, by deception or force, do or cause to do any act that disturbs or is likely to disturb the social customs of another. Explanation: For the purpose of this section, customs involving caste discrimination shall not be considered social customs.

(2) A person committing an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both. 146.
Muluki Criminal Code, 2017

Explanation: For the purpose of this section, customs involving caste discrimination shall not be considered social customs.

(2) A person committing an offence under sub-section (1) shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both. 146. Not to Practice Untouchability or Other Discriminatory Behaviour Based on Caste: (1) No person shall practice untouchability or any other kind of discrimination

179. Not to Cause Death in Grave Provocation or in the Heat of Passion: (1) Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.Notwithstanding anything written in Section 177 or 178, a person who causes death under the following circumstances shall be liable to imprisonment for a term of ten to fifteen years and a fine of one hundred thousand rupees to one hundred fifty thousand rupees:-

(a) Where the offender, having lost the power of self-control due to an act of another that instantly gives grave provocation, causes the death of the person who gave such provocation,

Provided that this clause shall not apply in the following circumstances:-

(1) Where the offender is provoked by an act done in compliance with law, in exercise of the right of private defense, or by a public servant in the performance or attempted performance of his official duty,

(2) Where the offender himself/herself has provoked someone with intent to cause harm to that person, and the death of a person results from an act done by such provoked person,

(b) Where, while exercising the right of private defense in good faith, the limit of such right is exceeded, resulting in the death of the person against whom such right was exercised,

(c) Where death is caused instantly in the heat of passion arising from a sudden quarrel,

Provided that while doing an act under this clause, the offender must not have gained any undue advantage or acted in a cruel or unnatural manner.

(2) Notwithstanding anything written in clauses (b) and (c) of subsection (1), the provisions written in those clauses shall not apply where death is caused with malice aforethought or premeditation. 180. Punishment if the Person Whom It was Intended to Kill Does Not Die but Another Person Dies: Notwithstanding anything written in Sections 177, 178, and 179, if a person, with the intention of killing someone, or knowing or having reason to believe that some person may die, does an act, and that person does not die but another person dies, such person shall be liable to punishment as written in Sections 177, 178, and 179 according to the circumstances. 181.
Muluki Criminal Code, 2017

181. Not to Cause Death by a Negligent Act: (1) No person shall cause the death of another by a negligent act.

(2) A person committing an offense under subsection (1) shall, except in the circumstances of Sections 177, 178, and 179, be liable to imprisonment for a term of three to ten years and a fine of thirty thousand rupees to one hundred thousand rupees. 182. Not to Cause Death by a Rash Act: (1) Except in the circumstances of Section 179, no person shall cause the death of another by a rash act.

(2) A person committing an offense under subsection (1) shall be liable to imprisonment for a term of up to three years and a fine of up to thirty thousand rupees.

(3) Except as written in subsection (1), if a person does an act in circumstances where death is not foreseeable, and death results accidentally, such person shall be liable to imprisonment for a term of six months to two years or a fine of up to twenty thousand rupees or both. 183. Not to Attempt to Cause Death: (1) No person shall attempt to cause the death of another with the intention of killing.

(2) A person committing or causing the commission of an offense under subsection (1) shall be liable to imprisonment for a term of up to ten years and a fine of up to one hundred thousand rupees. 184. Not to Abandon or Desert a Person under One’s Guardianship: (1) A person who has a duty to care for, or tend to, a newborn infant, child, disabled person, patient, or elderly person shall not abandon, desert, or neglect such person in a manner that may endanger his/her body or life.

(2) A person committing or causing the commission of an offense under subsection (1) shall be liable to imprisonment for a term of up to three years and a fine of up to thirty thousand rupees.

(3) If such a child, disabled person, patient, or elderly person dies due to an offense under subsection (1), the offender shall be liable to imprisonment for a term of up to seven years and a fine of up to seventy thousand rupees. Provided that if the death of a newborn infant occurs due to being abandoned, deserted, or neglected, the punishment shall be as per Section 177. 185. Not to Abet Suicide: (1) No person shall abet another to commit suicide or create or cause circumstances leading to such an act.

(2) A person committing an offense under subsection (1) shall be liable to imprisonment for a term of up to five years and a fine of up to fifty thousand rupees. 186.
Muluki Criminal Code, 2017

Chapter - 13

Offenses Against the Protection of Pregnancy

188. Not to Cause Miscarriage: (1) Except in the circumstances of Section 189, no person shall cause a miscarriage, or with the intention of causing a miscarriage, or knowing or having reason to believe that a miscarriage may occur, do any act to cause a miscarriage.

(2) No person shall cause a miscarriage by coercing, threatening, luring, or seducing a pregnant woman.

(3) A person committing or causing the commission of an offense under subsection (1) or (2) shall be liable to punishment as follows:-

(a) If the pregnancy is up to twelve weeks, imprisonment for up to one year and a fine of up to ten thousand rupees,

(b) If the pregnancy is more than twelve weeks and up to twenty-five weeks, imprisonment for up to three years and a fine of up to thirty thousand rupees,

(c) If the pregnancy is more than twenty-five weeks, imprisonment for up to five years and a fine of up to fifty thousand rupees.

(4) If, while doing an act to cause a miscarriage, the miscarriage does not occur immediately but the child is born alive and dies immediately as a result of such act, it shall be deemed for the purpose of this Section that a miscarriage has been caused.

(5) If a person attempts to take the life of a pregnant woman, and that woman does not die but the pregnancy of twenty-five weeks or more is terminated, the offender committing such act shall, in addition to the punishment under this Code or other law, be liable to imprisonment for up to five years.

(6) Notwithstanding anything written elsewhere in this Section, if a person does an act against a pregnant woman out of any malice or grudge, and a miscarriage results, even if the act was not done with the intention of causing a miscarriage, such person shall be liable to punishment as follows:-

(a) If the pregnancy is up to twelve weeks, imprisonment for up to one year,

(b) If the pregnancy is more than twelve weeks and up to twenty-five weeks, imprisonment for up to three years,

(c) If the pregnancy is more than twenty-five weeks, imprisonment for up to five years.

(7) No person shall, with the purpose of causing a miscarriage, do or cause to be done any act to identify the sex of the fetus in the womb; and after sex identification, no person shall cause or cause to be caused a miscarriage.

(8) A person committing an offense under subsection (7) shall be liable to punishment as follows:-

(a) For identifying or causing the sex of the fetus in the womb with the purpose of causing a miscarriage, imprisonment for a term of three months to six months, and

(b) For causing or causing to be caused a miscarriage after sex identification, imprisonment for up to one year in addition to the punishment written in subsection (3).
Muluki Criminal Code, 2017

189. When Miscarriage May be Caused: Notwithstanding anything written in Section 188, if a health worker causes a miscarriage under the following circumstances, it shall not be deemed to be an offense under this Code:-

(a) With the consent of the pregnant woman, for a pregnancy of up to twelve weeks,

(b) Where, if a miscarriage is not caused, the life of the pregnant woman may be endangered, or her physical or mental health may deteriorate, or a disabled child may be born, according to the opinion of a licensed medical practitioner, and the miscarriage is caused with the consent of such woman,

(c) For a pregnancy of up to eighteen weeks resulting from rape or incest, with the consent of the pregnant woman,

(d) Where the woman is infected with Human Immunodeficiency Virus (HIV) or other incurable disease of a similar nature, with her consent. Explanation: For the purpose of this Section, "health worker" means a doctor or health worker who has the prescribed qualification and is licensed to cause a miscarriage. 190. Limitation: In an offense under this Chapter, no complaint shall lie after the expiry of six months from the date of knowledge of such offense. Chapter - 14

Offenses Relating to Assault or Maiming

191. Not to Assault: (1) No person shall assault another.

(2) If a person does any of the following acts to another, he/she shall be deemed to have assaulted him/her:-

(a) Causing any kind of physical pain,

(b) Doing an act and thereby transmitting any disease other than those mentioned in Sections 104 and 105 Added by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.,

(c) Rendering disabled by any other act. Explanation: For the purpose of this Section, "disabled" means a condition where any part of the body is unable to function normally, and that term also includes mental disability.

(3) A person committing or causing the commission of an offense under subsection (1) shall be liable to imprisonment for a term of up to three years or a fine of up to thirty thousand rupees or both. 192.
Muluki Criminal Code, 2017

192. Not to Maim: (1) No person shall maim or cause to be maimed another.

(2) If a person knowingly assaults another and the following results occur, it shall be deemed that the offense of maiming has been committed:-

(a) Depriving of the power of sight by damaging or destroying the eye, causing blindness,

(b) Destroying the power of smell of the nose,

(c) Destroying the power of hearing of the ear,

(d) Destroying the power of speech of the tongue,

(e) Cutting off a woman's breast,

(f) Rendering a woman sterile or a man impotent,

(g) Breaking, fracturing, dislocating the spine, backbone, arms, legs, or joints of such limbs, rendering them useless,

(h) Rendering incapable of performing one's professional work due to the assault.

(3) Even if maiming does not occur immediately from the assault, if a result as mentioned in subsection (2) subsequently emerges as a consequence of the same act, it shall also be deemed that maiming has occurred.

(4) A person committing an offense under subsection (1) shall be liable to imprisonment for a term of up to ten years and a fine of up to one hundred thousand rupees.

(5) Notwithstanding anything written in subsection (4), where there is more than one limb performing the same type of function, and only one such limb is rendered useless, the punishment shall be half of the punishment written in that subsection; and if the maimed wound heals and becomes functional, the punishment shall be imprisonment for up to three years and a fine of up to thirty thousand rupees. Added by the Act Amending Some Acts Relating to Criminal Offenses and Criminal Procedure, 2079.192A. Not to Maim by Using Acid: (1) No person shall maim, cause to be maimed, or cause physical injury to another by throwing, sprinkling, pouring, using, or administering acid.
Muluki Criminal Code, 2017

193. Repealed by the Act Amending Some Acts Relating to Criminal Offenses and Criminal Procedure, 2079.Not to Disfigure by Using Inflammable, Organic, or Poisonous Substances: Amended by the Act Amending Some Acts Relating to Criminal Offenses and Criminal Procedure, 2079.(1) No person shall cause pain to the body or disfigure the face or any part of the body of another by using, throwing, sprinkling, pouring, burning, branding, smearing, or rubbing with inflammable, organic, or poisonous substances other than acid or similar chemical substances, or cause such acts to be done.

(2) A person committing an offense under subsection (1) shall, depending on the nature of the offense, be liable: if the face is disfigured, imprisonment for a term of five years to eight years and a fine of one lakh rupees to five lakh rupees; and if any other part of the body is disfigured or pain is caused to the body, imprisonment for a term of three years to five years and a fine of fifty thousand rupees to three lakh rupees.

(3) The entire amount received as a fine under subsection (2) shall be given to the victim as compensation. 194. Punishment for Assault or Maiming in Grave Provocation or in the Heat of Passion: (1) Notwithstanding anything written in Section 191 or 192, a person who commits an assault under the following circumstances shall, if he/she has caused maiming, be liable to imprisonment for up to two years or a fine of up to twenty thousand rupees or both; and if he/she has caused any other kind of injury, be liable to imprisonment for up to one year or a fine of up to ten thousand rupees or both:-

(a) Where the offender, having lost the power of self-control due to an act of another that instantly gives grave provocation, assaults the person who gave such provocation, or mistakenly assaults someone else, or accidentally causes injury to someone else. Provided that this clause shall not apply in the following circumstances:-

(1) Where the offender is provoked by an act done in compliance with law, in exercise of the right of private defense, or by a public servant in the performance or attempted performance of his official duty, and commits an assault,

(2) Where the offender himself/herself has provoked someone with intent to cause harm to that person, and the offender himself/herself is provoked by an act done by such provoked person and commits an assault causing injury.

(b) Where injury is caused to someone by using more force than necessary for private defense,

(c) Where injury is caused instantly to someone in the heat of passion arising from a sudden quarrel.
Muluki Criminal Code, 2017

Provided that while doing an act under this clause, the offender must not have gained any undue advantage or acted in a cruel or unnatural manner.

(2) Notwithstanding anything written in clauses (b) and (c) of subsection (1), the provisions written in those clauses shall not apply where the assault or maiming is done with malice aforethought or premeditation. 195. Not to Assault, Maim, or Cause Other Injury by a Negligent or Rash Act: (1) No person shall assault, maim, or cause other injury to another by a negligent act or a rash act.

(2) A person committing an offense under subsection (1) shall be liable to punishment as follows:-

(a) If maiming is caused by a negligent act, imprisonment for up to two years or a fine of up to twenty thousand rupees or both; and if other kind of injury is caused, imprisonment for up to one year or a fine of up to ten thousand rupees or both,

(b) If such an offense is committed by a rash act, imprisonment for up to six months or a fine of up to five thousand rupees or both. 196. Not to Use Criminal Force: (1) No person shall use criminal force against another.

(2) If a person does any of the following acts to another, he/she shall be deemed to have used criminal force:-

(a) Using any kind of force against any person with the intention of committing an offense,

(b) Using force against any person with the intention of causing fear, terror, or annoyance of injury to such person or his/her family or property, or knowing that such result may occur,

(c) Intimidating or threatening someone that force is about to be used against him/her, or using coercion, or otherwise attempting to do so.

(3) Notwithstanding anything written elsewhere in this Section, the use of force shall not be deemed to be criminal force if it is done: while teaching, training, or providing instruction on the relevant subject; while performing any kind of acting; while providing treatment; or in a beneficial manner with the consent of the person; or if force of a natural nature is used during any kind of sport. Provided, however, that the provisions of this subsection shall not apply if force is used with malice to cause injury to someone.

(4) A person using or causing the use of criminal force shall, if done with a weapon, be liable to imprisonment for up to three years or a fine of up to thirty thousand rupees or both; and if done without a weapon, be liable to imprisonment for up to one year or a fine of up to ten thousand rupees or both. 197.
Muluki Criminal Code, 2017

197. Not to Render Unconscious with Intent to Commit Offense: (1) No person shall, with the intention of facilitating the commission of an offense, administer to another any substance that renders unconscious, stupefies, or causes illness, or cause such substance to be consumed in any other manner, or cause unconsciousness in any manner.

(2) A person committing or causing the commission of an offense under subsection (1) shall be liable to imprisonment for up to one year and a fine of up to ten thousand rupees.

(3) If an offense has been committed by doing an act under subsection (1), the punishment under this Section shall be added to the punishment for such offense. 198. Compensation: If any injury, loss, or damage is caused to the body or life of any person due to an offense mentioned in this Chapter, reasonable compensation shall be recovered from the offender and given to the victim. 199. Limitation: For an offense under Section 196, no complaint shall lie after the expiry of three months from the date of such offense; for an offense under Section 197, no complaint shall lie after the expiry of six months from the date such person regains consciousness; and for other offenses under this Chapter, no complaint shall lie after the expiry of one year from the date of such offense. Chapter-15

Offenses Relating to Unlawful Detention

200. Not to Detain Maliciously: (1) No person shall, except in accordance with law, maliciously detain or cause to be detained any person in any manner.

(2) A person committing an offense under subsection (1) shall be liable to imprisonment for up to three years and a fine of up to thirty thousand rupees.

(3) No person other than an authorized person shall obstruct or cause obstruction to the movement of another.

(4) A person committing an offense under subsection (3) shall be liable to imprisonment for up to six months or a fine of up to five thousand rupees or both. 201. Not to Detain Without Providing Minimum Humane Facilities: (1) An official authorized under law to detain a person shall not detain or cause to be detained any person without providing the facilities required by law to be provided, or without providing the minimum humane facilities available at the place of detention.

(2) A person committing an offense under subsection (1) shall be liable to imprisonment for up to one and a half years and a fine of up to fifteen thousand rupees. 202.
Muluki Criminal Code, 2017

202. Not to Continue Detention After Order for Release: (1) After receipt of an order from an authority authorized by law to release a person detained under law, such person shall not be kept in detention without being released from detention.

(2) A person committing or causing the commission of an offense under subsection (1) shall be liable to imprisonment for up to one year and a fine of up to ten thousand rupees. 203. Not to Detain Covertly: (1) When detaining a person, an authorized official shall not detain him/her covertly, in such a way that information about his/her detention or the place of detention is not known or does not come to light.

(2) A person committing or causing the commission of an offense under subsection (1) shall be liable to imprisonment for up to four years and a fine of up to forty thousand rupees. 204. Compensation to be Awarded: Reasonable compensation shall be recovered from the offender committing or causing the commission of an offense under this Chapter and given to the victim. 205. Limitation: For an offense under subsection (3) of Section 200, no complaint shall lie after the expiry of three months from the date of such offense; and for other offenses under this Chapter, no complaint shall lie after the expiry of three months from the date the detained person is released from detention. Chapter-16

Offenses Relating to Enforced Disappearance of Persons

206.
Muluki Criminal Code, 2017

207. Confiscation of Materials Related to the Offense: In committing an offense punishable under this Chapter, any land, vehicle, weapon, and all other materials used with the knowledge or consent of the owner shall be confiscated. Provided that government buildings, resources, weapons, and materials shall not be confiscated. 208. Right to Recover Compensation: (1) If a disappeared person later surfaces or is surfaced, he/she shall be entitled to recover reasonable compensation from the person who caused the disappearance.

(2) If the disappeared person has died, the compensation under subsection (1) may be recovered by his/her next of kin. 209. Property to be Returned: If, while causing the enforced disappearance of a person under this Chapter, the property of such person is also taken, such property shall be returned to the disappeared person or his/her next of kin by the person causing the disappearance; and if not available, reasonable compensation for such property shall be paid. 210. Limitation: No complaint shall lie after the expiry of six months from the date of knowledge of the offense under this Chapter, or from the date the disappeared person surfaces or is surfaced. Provided that if a complaint is filed with the court's permission, citing reasons and evidence that circumstances to file the complaint did not exist, a complaint may be lodged at any time. Chapter - 17

Offenses Relating to Kidnapping or Hostage-Taking

211. Not to Kidnap: (1) No person shall kidnap or cause to be kidnapped another person.

(2) For the purpose of subsection (1), if a person does any of the following acts, he/she shall be deemed to have kidnapped:-

(a) Taking or compelling any person to go to any place by using force or threatening to use force, by deception, by causing fear or terror, by coercion, by showing or not showing weapons, by trickery, by administering narcotic or intoxicating substances, by taking control of or seizing the vehicle in which a person is traveling or by otherwise controlling it, or

(b) Taking any person to any place without his/her consent, or taking a child, a person living under the care of another due to physical disability, or a person not in their senses due to mental illness, without the consent of his/her father, mother, or guardian, or by trickery or forcibly. 212.
Muluki Criminal Code, 2017

212. Not to Take Hostage: (1) No person shall take another person as hostage.

(2) For the purpose of subsection (1), if a person detains or controls another person without his/her consent, or in the case of a child or a person not in their senses, without the consent of his/her father, mother, or guardian, by using force or threatening to use force, by causing fear or terror, by coercion, by showing or not showing weapons, by deception, by trickery, by administering narcotic or intoxicating substances, by seizing or taking control of the means of transport or place of residence, such person shall be deemed to have taken a hostage.

(3) Notwithstanding anything written in subsection (2), keeping a mentally ill person under the supervision or control of someone for treatment or any other purpose, with the consent of his/her father, mother, or guardian, and with good faith for the benefit of the concerned person, shall not be deemed as taking a hostage. 213. Punishment for Kidnapping or Hostage-Taking: If a person does or causes to be done any act under Section 211 or 212 with the intention of: taking life, causing injury by assault, committing rape or unnatural sex, selling a person or enslaving, compelling forced labor against will, engaging in prostitution, inflicting torture, compelling to do or not do any act, obtaining ransom, or causing any other act that is an offense under prevailing law, such person shall be liable to imprisonment for a term of seven to ten years and a fine of seventy thousand to one hundred thousand rupees; and if done for any other purpose, imprisonment for a term of three to five years and a fine of thirty thousand to fifty thousand rupees. 214. Additional Punishment: (1) A person who kidnaps under Section 211 and takes a hostage under Section 212 shall be liable to imprisonment for a term of ten to fifteen years and a fine of one lakh to one hundred fifty thousand rupees.

(2) If a person, after kidnapping or hostage-taking, commits any other act that is an offense under this Code or law, such person shall, in addition to the punishment for such offense, be liable to punishment under subsection (1).

(3) If the offense under Sections 211 and 212 is committed in an organized manner, the person organizing it shall be liable to an additional term of two years imprisonment. 215.
Muluki Criminal Code, 2017

215. Punishment for Abettor, Commander, Attemptor, Conspirator, or Accomplice: (1) A person who abets or commands the commission of an offense written in this Chapter shall be liable to the same punishment as the principal offender.

(2) Notwithstanding anything written in subsection (1), a person who attempts, conspires, or is an accomplice to such act shall be liable to half of the punishment for that offense. 216. Reduction of Punishment upon Surrender: If a person committing an offense under this Chapter surrenders to security personnel while committing the offense, or provides assistance in arresting other offenders or members of the gang committing such offense, the court may, depending on the circumstances, reduce the punishment for such person. 217. Compensation to be Awarded: (1) If a person is found to have committed or caused an offense under this Chapter, reasonable compensation shall be recovered from the person committing or causing the offense and given to the victim.

(2) If the victim has died, the compensation under subsection (1) shall be recovered and given to his/her next of kin. 218. Limitation: (1) For any offense under this Chapter resulting in death, a complaint may be filed at any time.

(2) Except as written in subsection (1), for any offense under this Chapter, no complaint shall lie after the expiry of two years from the date of such offense; and for an offense under Sections 211 and 212, no complaint shall lie after the expiry of six months from the date the concerned person is released from such offense. Chapter - 18

Offenses Relating to Sexual Assault

219. Not to Commit Rape: (1) No person shall commit rape.

(2) If a person performs sexual intercourse with a woman without her consent, or with a girl under eighteen years of age even with her consent, such person shall be deemed to have raped that woman or girl.
Muluki Criminal Code, 2017

Not to Commit Rape: (1) No person shall commit rape.

(2) If a person performs sexual intercourse with a woman without her consent, or with a girl under eighteen years of age even with her consent, such person shall be deemed to have raped that woman or girl. Explanation: For the purpose of this Chapter:-

(a) Consent obtained by coercion, undue influence, fear, terror, deception, kidnapping, or hostage-taking shall not be deemed as consent,

(b) Consent given when not in one's senses shall not be deemed as consent,

(c) Insertion of the penis into the anus or mouth, partial penetration of the penis into the anus, mouth, or vagina, and insertion of any object other than the penis into the vagina shall also be deemed as rape.

(3) A person committing rape shall, considering the circumstances and the age of the woman, be liable to imprisonment as follows:-

Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.(a) If the victim is a girl below ten years of age, a completely disabled person, a person with disability, or a woman above seventy years of age, life imprisonment

(b) If the victim is a girl aged ten years or more but below fourteen years, Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.imprisonment for eighteen to twenty years,

(c) If the victim is a girl aged fourteen years or more but below sixteen years, imprisonment for twelve to fourteen years,

(d) If the victim is a woman aged sixteen years or more but below eighteen years, imprisonment for ten to twelve years,

(e) If the victim is a woman aged eighteen years or more, imprisonment for seven to ten years. Added by the Act to Amend Some Acts Relating to Sexual Violence, 2079.(3A) In addition to the imprisonment sentence under subsection (3), a person committing rape shall also be liable to a fine as follows, and all amounts received from such fine shall be deposited in a victim relief fund established under prevailing law:-

(a) For an offender liable to imprisonment under clauses (a) or (b) of subsection (3), a fine of seven lakh rupees,

(b) For an offender liable to imprisonment under clauses (c) or (d) of subsection (3), a fine of five lakh rupees,

(c) For an offender liable to imprisonment under clause (e) of subsection (3), a fine of three lakh rupees.

(4) Notwithstanding anything written in subsection (3), if a husband rapes his wife while the marital relationship subsists, he shall be liable to imprisonment for up to five years.
Muluki Criminal Code, 2017

Provided that the following circumstances shall not be deemed as the marital relationship subsisting:-

(a) A case for separation of maintenance and share has been filed against

२२८. क्षतिपूर्ति भराई दिनु पर्ने: मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । दफा २२० र २२७ अन्तर्गतको कसूर बाहेक यस परिच्छेद बमोजिमको अन्य कसूरबाट पीडित व्यक्तिलाई यौन हिंसा विरुद्धका केही ऐनलाई संशोधन गर्न बनेको ऐन, २०७९ द्वारा संशोधित । जरिवानाबाट प्राप्त हुने रकम समेत विचार गरी कसूरदारलाई सजाय निर्धारण गर्दा निजबाट मनासिब क्षतिपूर्ति भराई दिनु पर्नेछ र कसूरदारले जरिवाना बापत पीडित राहत कोषमा बुझाएको रकम समेत पीडितलाई दिनु पर्नेछ । मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा थप । तर कसूरदारको कुनै सम्पत्ति नभई जबरजस्ती करणीको कसूरबाट पीडितले क्षतिपूर्ति नपाउने देखिएमा र प्रचलित कानून बमोजिमको पीडित राहत कोष स्थापना भइसकेको अवस्थामा अदालतले नेपाल सरकारको महिला तथा बालबालिका विषय हेर्ने निकायको नाममा क्षतिपूर्ति स्वरुप उचित रकम पीडितलाई भराइदिने गरी आदेश गर्न सक्नेछ र त्यसरी आदेश भएमा सो कार्यालयबाट क्षतिपूर्ति बापतको रकम तत्काल पीडितलाई उपलब्ध गराउनु पर्नेछ । २२९. हदम्याद: (१) दफा २२० अन्तर्गतको कसूरमा जहिले सुकै पनि उजुरी गर्न सकिनेछ । (२) दफा २१९, २२१, २२२, २२३, २२४, २२५ र मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । २२६ को उपदफा (३) र दफा २२७क. को उपदफा (१) अन्तर्गतको कसूर बालबालिकाको विरुद्ध भएकोमा त्यस्तो बालबालिका अठार वर्ष पूरा भएको मितिले तीन वर्षभित्र, त्यस्तो कसूर पूर्ण अशक्त अपाङ्गता भएका, सुस्त मनस्थिति भएका वा सत्तरी वर्षभन्दा बढी उमेर भएका व्यक्तिका विरुद्ध भएमा कसूर भएको मितिले तीन वर्षभित्र र अन्यको हकमा त्यस्तो कसूर भएको मितिले दुई वर्षभित्र र यस परिच्छेद अन्तर्गतको अन्य कसूरमा त्यस्तो कसूर भएको कुरा थाहा पाएको मितिले तीन महिना नाघे पछि उजुरी लाग्ने छैन । तर थुनामा रहेको वा नियन्त्रणमा लिएको वा अपहरण गरेको वा शरीर बन्धक लिएको व्यक्ति विरुद्ध कसूर भएकोमा थुना, नियन्त्रण अपहरण वा शरीर बन्धकबाट मुक्ति पाएको मितिले तीन महिना नाघे पछि उजुरी लाग्ने छैन । परिच्छेद – १९

इलाज सम्बन्धी कसूर

२३०. इजाजत प्राप्त नगरेको व्यक्तिले इलाज गर्न नहुने: (१) चिकित्सा सम्बन्धी विषयमा निर्धारित शैक्षिक योग्यता प्राप्त गरेपछि कानून बमोजिम अधिकार प्राप्त अधिकारीबाट इलाज गर्नको लागि इजाजत प्राप्त गरेको व्यक्तिले बाहेक कसैले कसैलाई चिकित्सा सेवा दिन, कसैको मानव शरीरको कुनै अङ्गको चिरफार गर्न, कुनै प्रकारको औषधि खुवाउन वा खान सिफारिस गर्न वा अन्य कुनै प्रकारले इलाज गर्न हुँदैन । (२) उपदफा (१) मा जु
Muluki Criminal Code, 2017

नसुकै कुरा लेखिएको भए तापनि लामो अनुभवबाट इलाज सम्बन्धमा जानकारी राखेको व्यक्तिले उचित होसियारी अपनाई सानो तिनो रोग लागेको बिरामीको मानव अङ्गलाई कुनै खास प्रतिकूल असर नपर्ने मामूली प्रकृतिको औषधि खुवाउन वा सानोतिनो घाउ, खटिरा चिरफार गरी उपचार गर्नमा बाधा पुग्ने छैन । (३) उपदफा (१) बमोजिमको कसूर गर्ने वा गराउने व्यक्तिलाई तीन वर्षसम्म कैद र तीस हजार रुपैयाँसम्म जरिवाना हुनेछ । (४) उपदफा (१) विपरीत हुने गरी चिकित्सा सेवा दिँदा, चिरफार गर्दा वा औषधि खुवाउँदा कसैको ज्यान मर्न गएमा कसूरदारलाई जन्म कैद हुनेछ र अङ्गभङ्ग भएमा पन्ध्र वर्षसम्म कैद हुनेछ । २३१. बदनियत चिताई इलाज गर्न नहुने: (१) कसैले कसैको ज्यान मार्ने वा अङ्गभङ्ग गर्ने नियतले उपचार गर्न, एक किसिमको इलाज गर्नुपर्नेमा अर्को किसिमको इलाज गर्न वा कुनै औषधि खुवाउँदा वा खान सिफारिस गर्दा कसैको ज्यान मर्न वा अङ्गभङ्ग हुन सक्छ भन्ने जानीजानी वा सो थाहा पाउनु पर्ने मनासिब कारण भई त्यस्तो औषधि खुवाउन वा खान सिफारिस गर्न वा चिरफार गर्न वा मानव शरीरको कुनै एक अङ्गको चिरफार गर्नुपर्नेमा अर्को अङ्ग चिरफार गर्न वा त्यस्तो अङ्ग बेकम्मा बनाउन वा शरीरबाट त्यसलाई अलग गर्ने काम गर्न वा गराउन हुँदैन । (२) उपदफा (१) बमोजिमको कसूर गर्ने वा गराउने व्यक्तिलाई देहाय बमोजिमको सजाय हुनेछः–

मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । (क) कसैको ज्यान गएकोमा जन्मकैद,

मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । (ख) कसैको अङ्गभङ्ग भएकोमा दफा १९२ बमोजिमको सजाय । २३२. लापरवाही वा हेलचेक्र्याईं गरी इलाज गर्न नहुने: (१) कानून बमोजिम इलाज गर्न पाउने व्यक्तिले कसैको इलाज गर्दा मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५ द्वारा संशोधित । गम्भीर लापरवाही वा हेलचेक्र्याईं गरी इलाज गर्न, औषधि खान दिन वा खान सिफारिस गर्न वा चिरफार गर्न हुँदैन । (२) उपदफा (१) बमोजिमको कामबाट कसैको ज्यान मर्न गएमा वा अङ्गभङ्ग भएमा लापरवाहीपूर्ण काम गरेको कारणबाट ज्यान मरेमा वा अङ्गभङ्ग भएमा पाँच वर्षसम्म कैद र पचास हजार रुपैयाँसम्म जरिवाना र हेलचेक्र्याईं गरेको कारणबाट मरेकोमा वा अङ्गभङ्ग भएकोमा तीन वर्षसम्म कैद र तीस हजार रुपैयाँसम्म जरिवाना हुनेछ । २३३. मञ्जुरी विना मानव शरीरमा परीक्षण गर्न नहुने: (१) कानून बमोजिम इलाज गर्न पाउने व्यक्तिले मानव शरीरमा कुनै इलाज सम्बन्धी विधि, चिरफार वा औषधि परीक्षण गर्नुपर्दा सम्बन्धित व्यक्ति र बालबालिका वा होस ठेगानमा नभएको व्यक्ति भए निजको बाबु आमा वा संरक्षकको मञ्जुरी नलिई र त्यस्तो व्यक्ति वा बाबु आमा वा संरक्षकलाई त्यस कुराको जानकारी नदिई त्यस्तो काम गर्न वा गराउन हुँदैन । मुलुकी संहिता सम्बन्धी केही नेपाल ऐनलाई संशोधन गर्ने ऐन, २०७५