chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Narcotic Drugs (Control) Act, 1976

Inserted by the Second Amendment.19a. No Action Against a Person Undergoing Treatment: (1) Notwithstanding anything contained in clauses (a) and (d) of sub-section (1) of Section 14, a person consuming narcotic drugs who is undergoing treatment at any treatment and rehabilitation centre established by the Government of Nepal or recognized by the Government of Nepal for the treatment and rehabilitation of drug addiction shall not be liable to punishment under this Act.
(2) In relation to persons undergoing treatment at the centres mentioned in sub-section (1), the concerned officer shall obtain treatment-related details in the format prescribed by the Government of Nepal from the concerned treatment and rehabilitation centre and prepare and maintain reports on a weekly and monthly basis. 20. Special Provision Regarding Stock of Narcotic Drugs Remaining Pursuant to Previous License: Upon the commencement of this Act, any stock of narcotic drugs remaining with any person according to a license obtained under the Intoxicating Substances Act, 2017 and the Intoxicating Substances Rules, 2019 shall be submitted to the Drug Control Officer within the prescribed period. 21. Provision for Narcotic Drugs Control Officer and Narcotic Drugs Control Administration: (1) For the implementation of the objectives of this Act, the Government of Nepal shall establish a Narcotic Drugs Control Administration under Amended by the Act to Amend Some Nepal Acts, 2078. the Ministry of Home Affairs, and may appoint or designate a Chief Drug Control Officer, one or more Drug Control Officers, Deputy Drug Control Officers, and other officers Amended by the First Amendment. as necessary. Amended by the Third Amendment.(2) The Chief Drug Control Officer shall be the head of the Narcotic Drugs Control Administration established pursuant to sub-section (1), and the Chief Drug Control Officer shall oversee, control, direct, and coordinate the work and actions related to narcotic drug control under this Act. Inserted by the Third Amendment.(3) Notwithstanding anything contained elsewhere in this Act, if any government employee is found to have accepted a bribe with the intent to assist a person trafficking or using narcotic drugs, such employee shall, in addition to the punishment provided by the prevailing law, be liable to half of the punishment prescribed for the person involved in the trafficking or use of narcotic drugs. Inserted by the First Amendment.21a.
Narcotic Drugs (Control) Act, 1976

Inserted by the First Amendment.21a. Officer Hearing the Case and Appeal: (1) Except for offences related to clause (a) of Section 4, the authority to hear cases related to other offences under this Act shall vest in the court constituted or designated by the Government of Nepal by publishing a notice in the Nepal Gazette.
(2) The court pursuant to sub-section (1) shall use the procedures and powers as per the Special Court Act, 2059 while conducting proceedings and adjudicating cases under this Act.
(3) A person dissatisfied with a verdict or final order made by the court under sub-section (1) may appeal to the High Court. Inserted by the Third Amendment.21b. Duties, Functions, and Powers of the Investigation Officer: (1) An investigation officer deployed for narcotic drug control work shall, when required to investigate in connection with narcotic drugs, have the powers equivalent to those vested in the police under the prevailing law.
(2) When investigating in the course of narcotic drug trafficking, the investigation officer shall have the power to search the goods of any person suspected in such narcotic drug trafficking, equivalent to the powers of a customs officer under the prevailing Customs Act. Provided, before conducting a search, the investigation officer must issue a search warrant to the concerned person.
(3) In the course of a narcotic drug investigation, the investigation officer shall have the power to censor any item received by post that appears suspicious, equivalent to the powers of a postal officer under the prevailing Post Office Act. Inserted by the Third Amendment.21c. Power to Carry Scientific Instruments and Weapons: Officers involved in narcotic drug investigation work and employees associated with narcotic drug control shall have the right to carry and use scientific instruments, communication devices, weapons, and ammunition required for such weapons in the course of investigation and control. 22. Government to be the Plaintiff: The Government of Nepal shall be the plaintiff in cases under this Act, and such case shall be deemed Transformed by the Act to Amend, Consolidate, Adjust, and Repeal Some Nepal Laws, 2074 and amended by the Act to Amend Some Nepal Acts Related to the Penal Code, 2075. to be included in Schedule-1 of the National Criminal Procedure Code, 2074. 22a. Repealed by the Second Amendment. Inserted by the Third Amendment.22b. No Punishment for Acts Done in Good Faith: No government employee shall be prosecuted or subjected to any other legal action in relation to any act done or attempted to be done in good faith pursuant to this Act. Inserted by the Third Amendment.22c.
Sentencing and Execution of Criminal Offenses Act, 2017

Criminal Offences (Sentencing and Execution) Act, 2074

Certification Date and Publication Date
2074.6.30

Amending Acts

1. Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075 2075.09.02
2. Act to Amend Certain Acts Relating to Criminal Offences and Criminal Procedure, 2079 2079.03.31

Act Number 38 of the Year 2074

An Act Made to Provide for Sentencing and Execution in Criminal Offences

Preamble: Whereas, it is desirable to make legal provisions relating to determining appropriate sentences for offenders who commit criminal offences and executing such sentences in order to create a just, peaceful and secure society and to maintain the interest and good conduct of the general public,

The Legislature-Parliament, pursuant to Sub-article (1) of Article 296 of the Constitution of Nepal, has enacted this Act. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Criminal Offences (Sentencing and Execution) Act, 2074".

(2) Clauses (d), (e), (f) and (g) of Section 17 of this Act Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.Sections 22, 24, 25, 26, 27, 28, 29, 30, 31 and 49 shall commence from the date specified by the Government of Nepal by notification published in the Nepal Gazette, and other Sections shall commence from the 1st day of Bhadra of the year 2075. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Criminal Code" means the Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.Muluki Criminal Code, 2074.

(b) "Offender" means a person convicted of any offence by a court.

(c) "Law" means the law in force for the time being.

(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(e) "Probation Officer" means a Probation Officer appointed or designated pursuant to Section 49.

(f) "Probation and Parole Board" means the Probation and Parole Board pursuant to Section 38.

(g) "Parole Officer" means a Parole Officer appointed or designated pursuant to Section 49.

(h) "Criminal Procedure Code" means the Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.Muluki Criminal Procedure Code, 2074.

(i) "Committee" means the Sentencing Advisory Committee pursuant to Section 46. 3.
Sentencing and Execution of Criminal Offenses Act, 2017

3. Application of the Act: (1) This Act shall apply in respect of determining sentences by a court for any offence and the execution thereof.

(2) This Act shall not apply in the following circumstances:-

(a) When sentencing for an offence relating to contempt of court,

(b) Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.When sentencing in relation to proceedings for breach of privilege initiated by the Federal Parliament or Provincial Assembly,

(c) When it is provided in any law that this Act shall not apply. Chapter-2

General Principles Relating to Sentencing

4. Provisions of Criminal Code and Criminal Procedure Code to apply: (1) This Act shall be implemented subject to the Criminal Code and the Criminal Procedure Code.

(2) Words defined in the Criminal Code and the Criminal Procedure Code, if mentioned in this Act, shall have the same meaning as defined in those Codes.

(3) The principles mentioned in the Criminal Code shall also apply to the implementation of this Act. 5. Lesser Sentence to apply: If, in respect of any offence, the sentence according to law at the time of determining the sentence is lesser than at the time the offence was committed, the sentence shall be determined so as to be the lesser sentence. 6. Sentence to be determined according to other law: If any law prescribes imprisonment of a specific term or a fine of a specific amount or a specific sentence for an offence, the offender of such offence shall be subjected to imprisonment, fine or sentence as per that law. 7. Sentencing to be done in accordance with this Act: Except for the circumstances mentioned in Section 6, sentencing for any offence shall be done in accordance with this Act. 8. Sentence to be determined after conviction: (1) A court shall determine the sentence for a person in respect of an offence only after such person has been convicted of that offence by the court according to law. Added by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.Provided that, the sentence shall be determined for the offender at the time of conviction itself for the following offences:

(a) Offences where a specific amount of imprisonment or fine is already stipulated in the existing law,
(b) Offences punishable with imprisonment up to three years or a fine up to thirty thousand rupees,
(c) Offences punishable with life imprisonment where a recommendation for a lesser sentence has been proposed pursuant to Sub-section (1ka) of Section 145 of the Criminal Procedure Code.

(2) When determining the sentence pursuant to Sub-section (1), it shall be determined within thirty days of the conviction. 9.
Sentencing and Execution of Criminal Offenses Act, 2017

9. Separate hearing to be conducted: (1) When determining the sentence for an offender pursuant to Section 8, it shall be determined after a separate hearing. Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.Provided that, a separate hearing shall not be required when determining the sentence in the case of offences mentioned in the proviso clause of Sub-section (1) of Section 8.

(2) When conducting a hearing pursuant to Sub-section (1), except where the judge who convicted the offender has died, Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.retired, been appointed to a higher level court, is unable to perform the duties of that post for any reason, is no longer holding the post, or is unable to perform duties due to serious illness, the same judge shall, in any other circumstance, conduct the hearing and determine the sentence. 10. Sentence to be determined after hearing in open court: (1) Except for cases to be heard in camera according to law, the sentence for an offender shall be determined in open court.

(2) When determining the sentence pursuant to Sub-section (1), it shall be done in the presence of the concerned offender or their legal practitioner.

(3) Notwithstanding anything written in Sub-section (2), if it is not possible to produce the offender before the court due to security or public interest reasons, if the offender refuses to appear before the court, if the offender is absconding, or if the offender's legal practitioner is absent, there shall be no bar to determining the sentence under this Act.

(4) An offender who cannot be produced before the court pursuant to Sub-section (3) may be produced via audio-visual dialogue (video conference), and if so produced, it shall be deemed that the offender is present before the court for the purpose of this section. 11. Omitted by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.Each sentence to be determined separately: (1) When determining the sentence for an offender who commits more than one offence in a single incident, it shall be considered that each offence is separate, and a separate sentence shall be determined for each.



(2) If any offence is constituted by two or more acts, and any one of those acts separately constitutes a distinct offence, the sentence shall be only for the offence carrying the highest punishment.

(3) If a single act constitutes distinct offences under different Acts, the sentence according to the Act under which the higher punishment is provided shall be executed. Provided that, when determining the sentence, a separate sentence shall be specified for each offence.
Sentencing and Execution of Criminal Offenses Act, 2017

Provided that, when determining the sentence, a separate sentence shall be specified for each offence. Explanation: For the purpose of this section, imprisonment and fine shall be deemed to be separate punishments and shall be executed separately. 12. Order to prepare pre-sentence report: (1) Before determining the sentence for an offence punishable with imprisonment for more than three years or a fine exceeding thirty thousand rupees, the court may, if it deems necessary, order a Probation Officer or Parole Officer to prepare a pre-sentence report concerning the offender.

(2) Upon receiving an order pursuant to Sub-section (1), the Probation Officer or Parole Officer shall prepare a report mentioning the following matters concerning the offender:-

(a) The personal, social and cultural background of the offender,
(b) The circumstances at the time of committing the offence,
(c) The conduct of the offender before committing the offence,
(d) The age of the offender,
(e) Other matters deemed necessary by the Probation Officer or Parole Officer.

(3) After the report pursuant to Sub-section (2) is prepared, the Probation Officer or Parole Officer shall submit such report to the court.

(4) After receiving the report pursuant to Sub-section (3), the court shall provide such report to the concerned government attorney, the offender and their legal practitioner, and if the offender is a child, to their guardian.

(5) After receiving the report pursuant to Sub-section (4), such government attorney, offender, guardian or legal practitioner may submit their views regarding the same to the court.

(6) Notwithstanding anything written elsewhere in this section, if a Probation Officer or Parole Officer is not designated or appointed, the court shall order the legal practitioners of the plaintiff and the defendant to prepare the report pursuant to Sub-section (1).

(7) After receiving the order pursuant to Sub-section (6), such legal practitioner shall prepare such report and submit it to the court. 13. Purpose of sentencing to be considered: The court shall determine the sentence considering any or all of the following purposes:-

(a) To deter the offender or other persons from committing offences,
(b) To protect society or the community,
(c) To provide justice including compensation to the victim,
(d) To assist in rehabilitating or reforming the offender in society,
(e) To isolate the offender from society,
(f) To make the offender feel remorse for their act and realize that harm or loss has been caused to the victim or community,
(g) To denounce conduct prohibited by law. 14.
Sentencing and Execution of Criminal Offenses Act, 2017

14. Matters to be considered when determining sentence: The court shall determine the sentence considering the following matters:-

(a) The sentence must not be disproportionately greater than the seriousness of the offence and the degree of guilt of the offender,
(b) The sentence must not be harsher than necessary to achieve the purpose of sentencing,
(c) The sentence must not be inconsistent or unequal with the sentence previously given to another offender for an offence committed under similar circumstances,
(d) When sentencing for more than one offence or when sentencing an offender already serving a sentence for another offence, the total sentence must not be excessive or disproportionate,
(e) If other penalties appear sufficient in proportion to the offence, imprisonment shall not be imposed. 15. Bases for determining sentence: (1) When determining a sentence under this Act, it shall be done on the following bases:-

(a) The seriousness of the offence and the degree of guilt of the offender,
(b) The circumstances at the time of committing the offence,
Added by the Act to Amend Certain Acts Relating to Criminal Offences and Criminal Procedure, 2079.(b1) If the offence is under Section 192ka or 219 of the Muluki Criminal Code, 2074, the physical or mental suffering caused to the victim by such offence,
(c) Aggravating or mitigating circumstances,
(d) The conduct and past activities of the offender,
(e) The purpose of sentencing mentioned in Section 13.

(2) When determining a sentence pursuant to Sub-section (1), the sentence shall be determined as follows:-

(a) Imprisonment for offenders committing heinous or serious nature offences,
(b) Reform and rehabilitation of the child when sentencing a child,
(c) An additional sentence double the sentence for the subsequent offence for a repeat offender,
(d) Imprisonment for an offender who poses a danger to society or the community,
(e) One and a half times the sentence for the offence for an offender who commits an offence by misusing the position or office while holding a position or office in any government office or public or organized institution. 16.
Sentencing and Execution of Criminal Offenses Act, 2017

16. Matters to be considered when sentencing a child: (1) When sentencing a child, the following matters shall also be considered:-

(a) The best interests of the child,
(b) The seriousness of the offence and the degree of guilt,
(c) The personal circumstances of the child,
Explanation: For the purpose of this clause, "personal circumstances" means matters including the age, education, family situation, social status of the child, the type of offence, the harm or loss caused by the offence, and the purpose of committing the offence.
(d) The compensation proposed to be given to the victim,
(e) Remorse for the offence,
(f) The desire to live a good and useful life.

(2) When sentencing a child who has not completed sixteen years of age, imprisonment shall not be imposed except for a heinous offence, serious offence, or a repeated commission of an offence. 17. Matters to be specified when determining sentence: When determining a sentence under this Act, the following matters shall be specified in the judgment or order:-

(a) The reason for the sentence,
(b) When determining a sentence of a fine, the amount of fine to be paid by the offender, the date by which the fine must be paid, if payable in installments, such matter, and the imprisonment that may result for non-payment of the fine,
(c) When determining a sentence of imprisonment, the term of imprisonment, the date of being in custody, the date of completion of the sentence,
(d) If an order for community service is made, the type, duration, time of service, and the sentence that may result for not performing the service,
(e) When determining a sentence to be served in a reform home or rehabilitation centre, the period to be stayed in such home or centre, the conditions to be observed, and the sentence that may result for violating such conditions,
(f) Whether the offender can be released on parole or not,
(g) If imprisonment is suspended, the period of suspension,
(h) If compensation is to be paid, the amount of compensation, the period for payment, the method, and the sentence that may result for non-payment,
(i) In case the sentence for a child is suspended with conditions pursuant to Sub-section (5) of Section 24, the sentence that may result for violating such conditions,
(j) Other necessary matters the court deems appropriate. Added by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.17ka.
Sentencing and Execution of Criminal Offenses Act, 2017

Added by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.17ka. Specifying lesser sentence and submitting opinion: (1) If the accused in a case where life imprisonment is required by existing law has confessed to committing the offence in court and such confession appears true from the evidence on file, and while giving the sentence of life imprisonment, if considering the circumstances at the time of committing the offence, the judge deems it excessive in the interest of justice and considers it appropriate to give a lesser sentence, the judge may pass a judgment with an opinion stating the reasons therefor.

(2) An opinion together with the record shall be submitted within thirty-five days to the appellate court, along with a proposal for the sentence to be given to the offender pursuant to Sub-section (1).

(3) If the appellate court also determines, in respect of the matter for which the opinion was submitted pursuant to Sub-section (2), that a lesser sentence should be given, the opinion shall be submitted to the Supreme Court. Chapter-3

Provisions Relating to Fine

18. Basis for determining sentence of fine: (1) When determining a sentence of fine for an offence, in addition to other matters mentioned in this Act, the nature of such offence and the maximum and minimum limit of the fine shall be considered.

(2) When determining a fine pursuant to Sub-section (1), the following matters shall also be considered:-

(a) The financial status and income-earning capacity of the offender,
(b) The financial harm or loss caused to other persons by the offence committed by the offender,
(c) The benefit obtained by the offender or their family from the offence committed by the offender,
(d) The impact on the family dependent on the offender for livelihood due to the fine,
(e) The amount of compensation to be paid to the victim,
(f) The liability that may fall on the government due to non-payment of the fine,
(g) If the offender is an organized institution, the financial status and transactions of such institution,
(h) If an amount is to be deposited in the Victim Relief Fund, such amount. Explanation: For the purpose of this clause, "Victim Relief Fund" means the Victim Relief Fund pursuant to Section 48.

(3) When determining a fine pursuant to Sub-section (1), if the value of the property lost or damage is known, the fine shall be determined based on such value. 19.
Sentencing and Execution of Criminal Offenses Act, 2017

Explanation: For the purpose of this clause, "Victim Relief Fund" means the Victim Relief Fund pursuant to Section 48.

(3) When determining a fine pursuant to Sub-section (1), if the value of the property lost or damage is known, the fine shall be determined based on such value. 19. Fine to be determined without affecting compensation: When imposing a fine pursuant to Section 18, if the offender is also required to pay compensation to the victim of the offence, the fine shall not be imposed in such a way that the offender is unable to pay such compensation. 20. Fine to be paid immediately: (1) The fine imposed under this Chapter shall be paid immediately by the offender.

(2) Notwithstanding anything written in Sub-section (1), if such offender is unable to pay such fine immediately and provides property as security therefore, the court may order the fine to be paid in a maximum of three installments within one year. 21. Fine to be determined so that each offender bears the fine: When determining a fine for more than one offender in an offence, it shall be determined so that each offender pays the fine according to the degree of their involvement in the offence. Chapter-4

Provisions Relating to Community Service

22.
Sentencing and Execution of Criminal Offenses Act, 2017

Chapter-4

Provisions Relating to Community Service

22. Order for community service may be given: (1) If, considering the offence committed by an offender sentenced to imprisonment for up to six months, their age, conduct, circumstances at the time of committing the offence, the manner adopted while committing the offence, it does not appear appropriate to keep them in prison, or after completing a term of imprisonment deemed appropriate by the court for such offence, the court may order the offender to perform community service for the remaining period.

(2) The court shall order community service only if the offender agrees to perform the community service.

(3) For the purpose of this section, the following work shall be considered community service:-

(a) Performing public work without remuneration,
(b) Providing service in a hospital, old age home, or orphanage without remuneration,
(c) Performing work related to environmental protection without remuneration,
(d) Teaching or providing service in a public or community school without remuneration,
(e) Providing or receiving sports training without remuneration,
(f) Working in any charitable organizations without remuneration,
(g) Attending therapeutic or reformative organizations designated by the court and performing work as prescribed by such organization.

(4) When issuing an order for community service pursuant to Sub-section (1), the order shall be issued for the offender to perform any work mentioned in Sub-section (3) for the same period as the term of imprisonment or the remaining period of imprisonment to be served by the offender.

(5) When determining the period pursuant to Sub-section (4), the time the offender must work per day shall also be specified.

(6) When issuing an order for community service pursuant to Sub-section (1), the court shall also specify the conditions to be observed by the offender.

(7) If the offender complies with the conditions pursuant to Sub-section (6) and performs community service pursuant to Sub-section (3), the sentence of imprisonment shall be deemed to have been served.

(8) When performing community service, the offender must perform the service under the supervision of a Probation Officer or Parole Officer designated by the Probation and Parole Board.

(9) If an offender fails to perform community service as per the order made under this section, or fails to comply with the conditions pursuant to Sub-section (6), or if it comes to notice that the offender had previously committed an offence after the order for community service, or commits another offence during that period, the court shall cancel the order made pursuant to Sub-section (1).

(10) After the order is cancelled pursuant to Sub-section (9), such offender shall serve the imprisonment imposed or the remaining imprisonment to be served by staying in prison. Chapter-5

Provisions Relating to Imprisonment

23.
Sentencing and Execution of Criminal Offenses Act, 2017

25. Sending to a reform home: (1) If, considering the offence committed by an offender sentenced to imprisonment of two years or less than two years, their age, conduct, circumstances at the time of committing the offence, the manner adopted while committing the offence, it appears appropriate to keep them in a reform home instead of sending them to prison, the court may, upon the recommendation of a Probation Officer, send them to a reform home.

(2) Notwithstanding anything written in Sub-section (1), an offender committing an offence mentioned in Sub-section (3) of Section 24 shall not be sent to such a reform home.

(3) When sending an offender to a reform home pursuant to Sub-section (1), the conditions to be observed by them as determined by the Probation and Parole Board shall also be specified.

(4) If an offender serves the term of imprisonment in a reform home while complying with the conditions pursuant to Sub-section (3), they shall be deemed to have served such term by staying in prison.

(5) Notwithstanding anything written elsewhere in this section, if an offender kept in a reform home does not show improvement in conduct, fails to comply with the conditions pursuant to Sub-section (3), or commits an offence punishable with imprisonment during that period, they shall serve the entire term of imprisonment under this section in prison. 26. Sending to a rehabilitation centre: (1) If, considering the age, circumstances at the time of committing the offence of an offender using narcotic drugs, an offender suffering from physical or mental weakness, or other similar offenders, it appears appropriate to send them to a rehabilitation centre instead of sending them to prison, the court may, upon the recommendation of a Probation Officer, send such offender to a rehabilitation centre.
Sentencing and Execution of Criminal Offenses Act, 2017

Explanation: For the purpose of this section, "rehabilitation centre" means an institution established with the objective of providing treatment and rehabilitation services to offenders addicted to drugs or other substances, or suffering from physical or mental weakness.

(2) Notwithstanding anything written in Sub-section (1), an offender committing an offence mentioned in Sub-section (3) of Section 24 shall not be sent to a rehabilitation centre.

(3) When sending an offender to a rehabilitation centre pursuant to Sub-section (1), the conditions to be observed by them shall also be specified.

(4) If an offender serves the term of imprisonment in a rehabilitation centre while complying with the conditions pursuant to Sub-section (3), they shall be deemed to have served the term of imprisonment.

(5) Notwithstanding anything written elsewhere in this section, if an offender kept in a rehabilitation centre does not show improvement in conduct, fails to comply with the conditions pursuant to Sub-section (3), or commits an offence punishable with imprisonment during that period, they shall serve the entire term of imprisonment under this section in prison. 27. Imprisonment may be served only on weekends or at night: (1) If, considering the offence committed by an offender sentenced to imprisonment up to one year, their age, the seriousness of the offence, the manner of committing the offence, and their conduct, it does not appear appropriate to keep them in regular imprisonment, the court may, stating the reasons therefor, determine the sentence requiring the offender to stay in prison only on the final day of the week or only during nighttime on a daily basis.

(2) Notwithstanding anything written in Sub-section (1), an offender committing an offence mentioned in Sub-section (3) of Section 24 shall not be given a sentence under this section.

(3) When determining a sentence pursuant to Sub-section (1), the court may specify conditions to be complied with by the offender.

(4) If an offender kept in prison pursuant to Sub-section (1) complies with the conditions pursuant to Sub-section (3) and serves such period, they shall be deemed to have served such imprisonment by staying in prison.

(5) If an offender kept in prison pursuant to Sub-section (1) fails to comply with the conditions of Sub-section (3) or commits an offence punishable with imprisonment during such period, they shall serve the entire term of imprisonment imposed on them by staying in prison. 28. Keeping in an open prison: (1) An inmate who has served two-thirds of the term of imprisonment and has good conduct may, upon the recommendation of the prison chief, be ordered by the judge of the concerned district court to be kept in an open prison.
Sentencing and Execution of Criminal Offenses Act, 2017

28. Keeping in an open prison: (1) An inmate who has served two-thirds of the term of imprisonment and has good conduct may, upon the recommendation of the prison chief, be ordered by the judge of the concerned district court to be kept in an open prison. Explanation: For the purpose of this section, "open prison" means any place designated by the Government of Nepal where the inmate can go outside the place where they are kept at designated times to perform work.

(2) When sending to an open prison pursuant to Sub-section (1), the conditions to be observed by them shall be specified.

(2ka) Added by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.(2ka) If an offender kept in an open prison pursuant to Sub-section (1) complies with the conditions pursuant to Sub-section (2) and serves such period, they shall be deemed to have served such imprisonment by staying in the open prison.

(3) If an inmate sent to an open prison pursuant to Sub-section (1) fails to comply with the conditions pursuant to Sub-section (2) or commits an offence punishable with imprisonment during such period, they shall serve the remaining sentence of imprisonment imposed on them by staying in prison. 29. Placing on parole: (1) An offender who has been sentenced to imprisonment for more than one year and has served two-thirds of the term of imprisonment and has good conduct may, upon the recommendation of the concerned

Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.Probation and Parole Board, be ordered by the judge of the District Court to be placed on parole. Provided that the following offenders shall not be placed on parole:

(a) Sentenced to life imprisonment,
(b) Sentenced in a corruption offence,
(c) Sentenced in a rape offence,
Added by the Act to Amend Certain Acts Relating to Criminal Offences and Criminal Procedure, 2079.(c1) Sentenced for killing, dismembering, or causing physical injury using acid or other flammable substances or other lethal chemical substances,
(d) Sentenced in an offence relating to human trafficking and transportation,
(e) Sentenced in an offence relating to organized crime,
(f) Sentenced in an offence relating to money laundering,
(g) Sentenced in an offence relating to torture or cruel, ruthless, inhuman or degrading treatment,
(h) Sentenced in an offence relating to crimes against humanity,
(i) Sentenced in an offence against the state.
Sentencing and Execution of Criminal Offenses Act, 2017

Explanation: For the purpose of this section, "parole" means a situation where an inmate who has served two-thirds of the term of imprisonment imposed is permitted to live in society under the supervision of a Parole Officer, subject to compliance with prescribed conditions for the remaining period.

(2) When issuing an order pursuant to Sub-section (1), the conditions determined by the Probation and Parole Board to be observed by such offender during the parole period shall also be specified.

(3) The Parole Officer shall monitor whether the conditions pursuant to Sub-section (2) are complied with or not by the concerned offender.

(4) If an offender on parole pursuant to Sub-section (1) complies with the conditions pursuant to Sub-section (2), the sentence of imprisonment imposed on them shall be deemed to have been served.

(5) If an offender on parole pursuant to Sub-section (1) fails to comply with the conditions pursuant to Sub-section (2) or commits an offence punishable with imprisonment during such period, they shall serve the remaining sentence of imprisonment imposed on them by staying in prison.

(6) Other provisions relating to parole shall be as prescribed. 30. Socialization to be provided: (1) Notwithstanding anything mentioned in this Act or other laws, an offender who has been sentenced to imprisonment for more than one year, is serving the sentence, and has good conduct, may be released from the prison on a monthly or daily basis by the prison for the following work, six months prior to the completion of their sentence term:-

(a) Family reunification,
(b) Establishing social and cultural relations,
(c) Social integration and rehabilitation,
(d) Engaging in business or employment,
(e) Undertaking skill-based or employment-oriented training.

(2) When releasing from prison pursuant to Sub-section (1), the conditions to be observed by such offender shall also be specified.

(3) When releasing pursuant to Sub-section (1), the period and time to be spent on such work shall also be specified.

(4) A person released pursuant to Sub-section (1) shall submit a report weekly to the concerned prison regarding the work they have done.

(5) If a person released pursuant to Sub-section (1) fails to fulfill the conditions mentioned in Sub-section (2) or commits any offence during such period, they shall again stay in prison and serve the remaining term of imprisonment. 31.
Sentencing and Execution of Criminal Offenses Act, 2017

31. Engaging in physical labour in lieu of imprisonment: (1) An offender who is over eighteen years of age, physically fit, and has been sentenced to imprisonment for three years or more than three years, may, if they wish, be engaged by the prison in physical labour for public works.

(2) For every three days of labour performed by an offender engaged in physical labour for public works pursuant to Sub-section (1),

47. Powers, Duties and Functions of the Committee: (1) The powers, duties and functions of the Committee shall be as follows:-

(a) To develop standards to determine the appropriate limit of punishment for the offender according to the severity of the offense,

(b) To conduct study and research regarding the prevailing sentencing policy and to submit suggestions to the Government of Nepal for reform,

(c) To provide opinions, advice and consultation to the Government of Nepal regarding the punishment to be imposed in relation to offenses of a particular nature,

(d) To collect and maintain updated records of offenders, analyze them and provide suggestions regarding sentencing,

(e) To submit suggestions to the Government of Nepal if any reform appears necessary in the prevailing law relating to sentencing.

(2) The Committee shall itself determine the procedures necessary for the conduct of its work and proceedings.

(3) The Committee may, as necessary, constitute sub-committees to assist in its work and proceedings.

(4) The terms of reference, procedures, and other necessary matters of a sub-committee constituted pursuant to sub-section (3) shall be as prescribed by the Committee. 48. Victim Relief Fund to be Established: (1) A fund named Victim Relief Fund shall be established to provide added by the Act to Amend Some Acts Relating to Criminal Offenses and Criminal Procedure, 2079.medical treatment, interim compensation and relief to victims of offenses.

(2) The Government of Nepal shall deposit fifty percent of the amount realized as fines pursuant to a court verdict or the amount paid by an offender liable to imprisonment under the Penal Code as a fine in lieu of imprisonment, into the Fund established pursuant to sub-section (1).

(3) In addition to the amount deposited pursuant to sub-section (2), an amount provided by law or an amount received from the Government of Nepal or any other source shall also be deposited into the Fund pursuant to sub-section (1).

(4) The operation of the Fund pursuant to sub-section (1), classification of victims, the basis for the amount of relief to be provided to victims from the Fund, the limit of such amount and other procedures relating to the distribution process shall be as prescribed. 49.
Legislation Act, 2024

Legislation Act, 2081

Certification and Publication Date
2081.12.03

Act No. 14 of the year 2081

An Act Made to Provide for Legislation

Preamble: Whereas it is desirable to make legal provisions relating to maintaining transparency in legislation drafting, enhancing public participation, ensuring stakeholder participation, making quality legislation drafting, determining the limits of delegated legislation, and systematizing the publication and records of legislation,

The Federal Parliament has enacted this Act. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Legislation Act, 2081".

(2) This Act shall commence immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Order" means an order issued by the Government of Nepal or a body exercising the power conferred by an Act, and the term also denotes an executive order issued by the Government of Nepal.

(b) "Ministry of Law" means the Ministry of Law, Justice and Parliamentary Affairs of the Government of Nepal.

(c) "Procedure" means a procedure made by exercising the power conferred by an Act.

(d) "Formation Order" means an order issued by the Government of Nepal exercising the power conferred by Section 3 of the Development Committee Act, 2013.

(e) "Body" means a constitutional body, a body under the Government of Nepal or an organized institution.

(f) "Rules" means rules made by exercising the power conferred by an Act.

(g) "Directive" means a directive made by exercising the power conferred by an Act.

(h) "Delegated Legislation" means Rules, Orders, Formation Orders, Regulations, Directives, Procedures or Standards, and the term also denotes norms and guidance made by exercising the power conferred by an Act.

(i) "Standard" means a standard made for measuring or systematizing the quality or level of any subject as specified under an Act.

(j) "National Archives" means the National Archives as per Section 3 of the Archives Preservation Act, 2046.

(k) "Legislation" means an Act made by the Federal Parliament, and the term also denotes delegated legislation.

(l) "Bill" means a draft of an Act submitted in the Federal Parliament.

(m) "Regulations" means regulations made by an organized institution by exercising the power conferred by an Act.

(n) "Committee" means the committee of the House of Representatives or the National Assembly dealing with matters relating to delegated legislation.

(o) "Organized Institution" means an organized institution in which the Government of Nepal owns or controls fifty percent or more of the shares or assets. Chapter-2
Drafting of Bill

3.
Legislation Act, 2024

Chapter-2
Drafting of Bill

3. Determination of Priority: (1) Based on the Government of Nepal's policy and program, budget, periodic plan, sectoral policy, and obligations created by international treaties, the concerned Ministry shall identify Bills to be drafted and send them to the Ministry of Law, specifying the priority order of Bills, within the month of Jestha of each year.

(2) Based on the details received from the concerned Ministry pursuant to sub-section (1), the Ministry of Law shall, after consultation with the concerned Ministry, determine the priority order of Bills to be submitted to the Federal Parliament and determine an annual schedule.

(3) The annual schedule pursuant to sub-section (2) shall be sent by the Ministry of Law to the Federal Parliament within the end of Ashadh.

(4) The draft of the Bill shall be prepared in accordance with the annual schedule pursuant to sub-section (2).

(5) Notwithstanding anything contained elsewhere in this section, if a draft of a Bill needs to be prepared immediately on any matter, specifying its purpose and reason, the provision of this section shall not be deemed to prevent the drafting of the Bill. 4. Approval of Principle Required: (1) Before preparing a draft of a Bill on a matter for which no legal provision exists, or even if a legal provision exists but the Bill is to repeal such legal provision, the concerned Ministry shall prepare a concept paper for drafting the Bill, including the details as determined by the Government of Nepal.

(2) The consent of the Ministry of Law must be obtained on the concept paper prepared pursuant to sub-section (1).

(3) After obtaining consent from the Ministry of Law pursuant to sub-section (2), for the purpose of preparing the draft of the Bill, the concerned Ministry shall submit a proposal to the Government of Nepal for the approval of the principle.

(4) After the approval of the principle is obtained from the Government of Nepal for the drafting of the Bill, the concept paper approved by the Government of Nepal shall be published on the website of the concerned Ministry.

(5) Notwithstanding anything contained elsewhere in this section, approval of the principle shall not be required for the drafting of the following Bills:-

(a) a financial Bill or an appropriation Bill issued annually, or a Bill ancillary thereto,

(b) a Bill to amend an Act. 5.
Legislation Act, 2024

5. Preliminary Drafting of Bill: (1) After the approval of the principle is obtained from the Government of Nepal pursuant to Section 4, or in matters where such approval is not required, after identifying the matters to be amended in an Act, the concerned Ministry shall prepare a preliminary draft of the Bill.

(2) Notwithstanding anything contained in sub-section (1), the concerned Ministry may request the Nepal Law Commission to prepare the preliminary draft of the Bill. 6. Stakeholder Involvement Required: (1) During the process of drafting the Bill, the concerned Ministry shall involve subject matter experts and stakeholders directly affected by such Bill in the discussion and obtain their opinions and suggestions.

(2) Based on the opinions and suggestions obtained pursuant to sub-section (1), after revising the draft of the Bill, the concerned Ministry shall publish on its website, for the opinion of the general public, the draft of the Bill and the following details for a period of seven to thirty days:-

(a) the reason for which the Bill had to be drafted to address a certain problem,

(b) the impact of the provisions of the Bill on fundamental rights and human rights,

(c) the economic and financial impact of the provisions of the Bill,

(d) the assistance of the provisions of the Bill in achieving the sustainable development goals,

(e) the impact of the provisions of the Bill on promoting good governance,

(f) the assistance of the provisions of the Bill in climate adaptation, and

(g) other necessary matters.

(3) If the Nepal Law Commission has been requested to prepare the preliminary draft of the Bill pursuant to sub-section (2) of Section 5, that Commission shall complete the work pursuant to sub-sections (1) and (2), revise the draft based on the suggestions received, and send it to the concerned Ministry. 7. Discussion in Subject Committee Required: When preparing a draft of a Bill on matters of concurrent jurisdiction of the Federation and Province or the Federation, Province and Local Level pursuant to the Constitution of Nepal, the concerned Ministry shall hold discussions in the subject committee as per the Federation, Province and Local Level (Coordination and Inter-relations) Act, 2077. 8. Consultation Required: The concerned Ministry shall obtain consultation from the following Ministry or body on the following matters included in the draft of the Bill:-

(a) on matters involving financial burden to the Government of Nepal, from the Ministry of Finance of the Government of Nepal,

(b) on matters where the Government of Nepal is the plaintiff and files a case, from the Office of the Attorney General, and

(c) on matters related to the jurisdiction of any Ministry or body, from such Ministry or body. 9.