Muluki Criminal Code, 2017

Chapter-16

Offenses Relating to Enforced Disappearance of Persons

206. Not to Commit or Cause an Act of Enforced Disappearance: (1) No person shall commit or cause an act of enforced disappearance of another.

(2) For the purpose of subsection (1), "act of enforced disappearance" means the following acts:-

(a) Where a person authorized to arrest, investigate, or enforce law, or a security personnel, arrests, detains, or otherwise takes into control a person, and fails to produce such person before the adjudicating authority within twenty-four hours, excluding travel time, from the date of such arrest or control, or fails to allow concerned persons to meet him/her, or fails to provide information regarding where, how, and in what condition such person is being held,

(b) Where a person, organization, or organized or unorganized group kidnaps, takes into custody or control, or otherwise deprives a person of his/her personal liberty, and fails to provide information to the concerned persons regarding the reason for such deprivation and where, how, and in what condition such person is being held.

(3) The person who orders the arrest, detention, or control of a person leading to enforced disappearance, and the person who executes such order, shall be deemed to be the principal offender of the enforced disappearance.

(4) If the act of enforced disappearance is done pursuant to the order or direction of a person holding a public office, or a responsible person of an organization or organized or unorganized group, the person giving such order or direction shall be deemed to be the principal offender of the enforced disappearance.

(5) If a person, having knowledge that an act of enforced disappearance is about to be done or caused by a subordinate official, body, or group under his/her supervision, neglects such matter or fails to take necessary measures to prevent such act, he/she shall also be deemed to have committed an offense under this Section.

(6) If a person is disappeared collectively by more than one person, each person involved in such act shall be deemed equally liable.

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

(a) For the principal offender of the enforced disappearance, considering the period and conditions of disappearance, imprisonment for up to fifteen years and a fine of up to five lakh rupees,

(b) For an abettor or conspirator in the enforced disappearance, punishment equivalent to that of the principal offender; and for a person attempting or arranging for the same, half of the punishment for the principal offender.

(8) A person committing an act deemed to be an offense under subsection (1) against a woman or child shall, in addition to the punishment under subsection (7), be liable to an additional term of two years imprisonment.

(9) If, while a person is disappeared, any other offense punishable by law is committed against the disappeared person, such person shall, in addition to the punishment for that offense under law, be liable to an additional punishment under this Section.

(10) A person who uses government resources, buildings, weapons, or materials to cause enforced disappearance shall, in addition to the punishment under this Section, be liable to an additional term of one year imprisonment.