Sentencing and Execution of Criminal Offenses Act, 2017

Chapter-5

Provisions Relating to Imprisonment

23. Imprisonment to be imposed if other penalties are insufficient: Except where otherwise provided in this Act, when sentencing an offender, imprisonment shall be imposed if a fine and community service are insufficient. 24. Imprisonment may be suspended: (1) If an offender sentenced to imprisonment for less than one year has committed the offence for the first time and, considering the offence committed, 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, the court may suspend the immediate execution of such imprisonment.

(2) Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.When suspending imprisonment pursuant to Sub-section (1), the suspension may be for up to three years from the date the sentence of imprisonment was determined.

(3) Notwithstanding anything written in Sub-section (1), the Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.imprisonment of an offender, other than a child convicted of the following offences, shall not be suspended:-

(a) Homicide,
Added by the Act to Amend Certain Acts Relating to Criminal Offences and Criminal Procedure, 2079.(a1) Killing, dismembering, or causing physical injury using acid or other flammable substances,
(b) Rape,
(c) Human trafficking and transportation,
(d) Arms, ammunition and explosives,
(e) Corruption,
(f) Taking hostage or kidnapping,
(g) Robbery,
(h) Counterfeit currency or counterfeit stamps,
(i) Foreign exchange,
(j) Transportation and dealing of narcotic drugs,
(k) Relating to ancient monuments,
(l) Relating to forests and wildlife,
(m) Organized crime,
(n) Money laundering,
(o) Relating to torture or cruel, ruthless, inhuman or degrading treatment,
(p) Crimes against humanity.

(4) When issuing an order suspending imprisonment pursuant to Sub-section (1), the order shall be issued stipulating Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.conditions for the offender to perform the following work during the suspension period:-

(a) To perform any public work without remuneration,
(b) Amended by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075.To assist the victim in any work, if the victim consents,
(c) Not to do any act or engage in any conduct mentioned in such order,
(d) Not to go outside their residence or any specific place,
(e) Omitted by the Act to Amend Certain Nepal Acts Relating to the Civil Code, 2075
(f) To remain within a specified territorial limit set by the court,
(g) To stay at a treatment and rehabilitation centre,
(h) Not to meet a specific person.

(5) Notwithstanding anything written in Sub-section (4), when suspending the sentence for a child pursuant to Sub-section (1), considering their age and circumstances at the time of committing the offence, with or without imposing conditions, the following decisions may be made:-

(a) To have any family member or guardian advise and educate regarding good human conduct,
(b) To have service-providing organizations or persons orient the child,
(c) To provide individual, group or family psychosocial counselling services,
(d) To place the child under the guardianship of a family member, guardian, school, or service-providing person or institution for a specified period, subject to compliance with prescribed conditions under their supervision.

(6) If the offender complies with the matters mentioned in the order pursuant to Sub-section (4) during the suspension period, the imprisonment determined pursuant to Sub-section (1) shall be deemed to have been served.

(7) If the offender violates the order pursuant to Sub-section (4), the court shall cancel the order made pursuant to Sub-section (1).

(8) After the order is cancelled pursuant to Sub-section (7), such offender shall serve the entire sentence of imprisonment by staying in prison.