Muluki Criminal Code, 2017

37. Limitation Period to Apply: The limitation period for filing a complaint provided in this Code in relation to any offense shall also apply in relation to the conspiracy, attempt, abetment or being accessory to such offense. Chapter- 4
Circumstances Aggravating and Mitigating the Severity of Offense

38. Circumstances Aggravating Severity of Offense: For the purposes of this Code, if the following circumstances exist, the severity of the offense shall be deemed to be aggravated:
(a) The offense is committed against the President, Head of Government, or Head of a Foreign State,
(b) The offense is committed in the presence of the President, Head of Government, or Head of a Foreign State,
(c) The offense is committed by abusing trust,
(d) The offense is committed by taking advantage of or abusing a public position,
(e) The offense is committed by a person holding a public office with the intention of obstructing such person in the discharge of official duties or causing such person to do an unlawful act,
(f) The offense is committed in a government office, public office, or place of worship,
(g) The offense is committed by a group of five or more persons,
(h) The offense is committed by taking advantage of a disruption of public peace, flood, landslide, earthquake or similar natural disaster, epidemic, famine, or any other crisis of similar nature,
(i) The offense is committed while carrying or using a weapon or poisonous or explosive substance, or by passing electric current or using electrical equipment, or with the help of a person carrying a weapon or poisonous or explosive substance,
Added by the Act to Amend Some Acts Relating to Criminal Offenses and Criminal Procedure, 2079 (2022).(i1) The offense is committed by throwing or using acid, other dangerous chemicals, or flammable substances on a person, or forcing a person to consume them,
(j) The offense is committed again by an offender who has already been punished with imprisonment once,
(k) The offense is committed after receiving a reward, assurance or amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).benefit, or being enticed by the prospect of obtaining a benefit,
(l) The offense is committed against a person under one's protection or control, or against property under one's responsibility,
(m) The offense is committed by amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).inflicting torture or cruel, inhuman or degrading treatment,
(n) More than one offense is committed in a single incident,
(o) The offense is committed against more than one person in a single incident,
(p) The offense is committed by kidnapping a person or taking a person hostage,
(q) The offense is committed against a person in prison, custody, detention or control,
(r) The offense is committed by a person having a duty to protect someone against the person he/she is supposed to protect,
(s) The offense is committed with the intention of genocide to Added by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).destroy the very existence of any caste, race or community,
(t) The offense is committed with the intention of creating hatred against any caste, race, religious or cultural community,
(u) An offense against humanity is committed,
(v) The offense is committed in a planned or organized manner,
(w) The offense is committed against a person who, due to old age over seventy-five years, or physical or mental unsoundness, or disability, is not in a position to defend himself/herself, or against a child,
(x) The offense is committed amended by the Act to Amend Some Nepal Acts Relating to National Code, 2075 (2018).while engaged in rescue work during a vehicle or aircraft accident or natural disaster,
(y) The same offender commits another offense against a person who has already been a victim of an offense once.