chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Penal (Code) Act, 2017

Revised # The National Penal (Code) Act, 2017 Date of Authentication: Act number 36 of the year 2017 offences; Part -1 General Provisions Chapter-1 Preliminary 1. Short title and commencement: (1) This Act may be cited as the "National Penal (Code) Act, 2017". (2) It shall commence on 17 August 2018 (first day of the month of Bhadra of the year 2075). 2. Extra-territorial application of the Act: Any person who commits any of the following offences outside Nepal shall be punished under this Act as if he or she committed such offence in Nepal: 54, Level. punished under this Act as if he or she committed the offence in Nepal. (3) Any Nepali citizen who commits any of the following offences against a Nepali citizen outside Nepal shall be punished under this Act as if he or she committed the offence in Nepal: (a) Murder, or attempt to, abetment of, or conspiracy to, murder, (b) Abandonment of the helpless person, (c) Grievous hurt, (e) Rape or incest, 231, 232 and 233, (k) Offence under Chapter-2 of Part 3. 3. Definitions: Unless the subject or the context otherwise requires, in this Act, (a) “court” means the Supreme Court, High Court or District Court, and this term also includes a court, other judicial body or authority authorized by law to proceed and adjudicate any specific types of criminal offences, (b) “harbor” means supplying any person with food, drink, shelter, money, in-kind, clothes, arms, ammunition or means of transport, or helping or otherwise assisting any person to evade apprehension, hears and adjudicates a case, and this term also includes any authority authorized to proceed, hear and adjudicate any specific type of criminal cases, (h) “public servant” means any of the following persons: (1) a person elected, nominated or appointed to any office with public accountability pursuant to the Constitution or other law, (2) a person appointed to the service of the Government of Nepal or State Government or any contract, office with public accountability. or registered in accordance with law, (k) “Constitution” means the Constitution of Nepal, (l) “public document” means any of the following documents: (1) a document passed by the Legislature, (2) a document recording official acts performed by the President pursuant to the Constitution, (3) a book, record or other document issued by the Government of Nepal, State Government or Local Level or offices under the Government of Nepal, Acts. Chapter- 2 General Principles of Criminal Justice 6. Lawful act not to be offence: No act required by law to be done or excused by law shall be considered to be an offence. excused. of an offence shall be presumed innocent until proved guilty of that offence. 13. Act of a child not to be offence: No act done by a child below ten years of age shall be considered to be an offence. 14. National Penal (Code) Act, 2017
National Penal (Code) Act, 2017

Act of a person of unsound mind not to be offence: No act done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature, characteristic, fault or consequence of such act, shall be considered to be an offence. 15. Act done by consent not to be offence: Except where done with the offence. death or grievous hurt, no person who does an act with the knowledge that it is likely to cause death or grievous hurt shall be dispensed with criminal liability. 18. Act done for benefit without consent not to be offence: Where any act must be done immediately for the benefit of a person, and such person is, for any reason, not in a position to give consent immediately or has no guardian from whom it is possible to obtain consent on such person's behalf immediately, such act done in good considered to be an offence. circumstances shall not be considered to be consent: (a) Where the consent is given by a person under a mistake of fact or fear or threat of any kind of injury or harm and the doer of the act in pursuance of such consent knows, or has reason to believe, that the consent was so given, (b) Where the consent is given by a person who, being of unsound mind due to mental illness, is unable to understand characteristic, fault and person. act immediately and there is a reasonable cause to apprehend that it would cause death or grievous injury to that person or close relative if such act is not done immediately shall be considered to be an offence. Provided that such act shall be considered to be an offence if: (a) Death or grievous hurt is caused, (b) Rape is committed, (c) An offence against the State is committed, or (d) The doer of such act placed himself or herself in such this Chapter shall not be considered to be an offence. (2) Every person has a right to defend the body, life or property of his or her own or of any other person against any illegal harm. (3) The right of private defence under this Section shall be exercised only when there is a reasonable apprehension or reasonable cause to believe that the body, life or property of his or her own or of any other person cannot be defended against any illegal harm unless any act is done immediately. exercise of his or her official power, (e) Where any act is done by a person in pursuance of a direction given in good faith by a public servant in the exercise of his or her official power. National Penal (Code) Act, 2017
National Penal (Code) Act, 2017

(2) Notwithstanding anything contained in sub-section (1), a person shall not be deprived of the right of private defense in the following circumstances: (a) Where that person does not know or have a reasonable reason to believe that the doer of the act referred to in clause (c) of sub-section (1) is a public servant and he or she is doing the act in pursuance of the judgment or order of a court or the doer does not a person’s death. (2) Notwithstanding anything contained in sub-section (1), if any act done in the exercise of the right of private defence subject to sub-section (3) of Section 25, in any of the following circumstances, causes the death of a person, such act shall not be considered to be an offence: (a) Where there is reasonable cause to believe that an assault on oneself or another person would cause the death of or serious injury or grievous hurt to oneself or another person security personnel deputed by order of the competent authority for the personal security of a person or security of a property of the Government of Nepal, State Government or Local Level or a body corporate under full or majority ownership or control of the Government of Nepal, State Government or Local Level or public property in order to prevent an assault made on such person or property. 27. Act causing slight harm not to be offence: A slight harm not to be complained of by a person of ordinary sense shall not be considered to be an offence. herself. general manager who did or caused the doing of such act, in the case of a company or body corporate, and where even such person cannot be identified, the chief executive of such body shall bear the criminal liability. 31. All members to be punished for offence committed by a group: Where an offence is committed by a group of two or more persons, all members of the group shall be liable to punishment for such offence. 32. Victim of crime to be entitled to obtain information of Chapter -3 Criminal Conspiracy, Attempt, Abetment and Accomplice 33. Prohibition of criminal conspiracy : (1) No person shall make a criminal conspiracy. conspiracy. pursuance of the criminal conspiracy is committed and such other offence is committed in the course of implementation of such conspiracy or as probable consequence thereof, punishment specified for that offence, (c) Where any offence in addition to the offence in pursuance of the criminal conspiracy is also committed and such offence is also committed in the course of implementation of such conspiracy or as a probable consequence thereof, additional punishment also for such offence, (d) Where the offence of criminal conspiracy is yet to be completed, one half of the punishment specified for that offence. attempt to commit an offence. committed. offence. National Penal (Code) Act, 2017
National Penal (Code) Act, 2017

separate punishment is not so provided for: (a) Where the offence is committed in pursuance of the abetment, the punishment imposable as if he or she had committed the offence, (b) Where the offence is yet to be committed in pursuance of the abetment, one half of the punishment specified for such offence. (4) Where an offence is abetted but a different offence is committed by the abetted person, and that offence was committed any offence. conspiracy, commits an offence, provides means or place to commit the offence, or deprives the person against whom the offence is committed of the right of private defence or who orders or advises to commit the offence, shall be punished as if he or she had committed such offence, (b) For an accomplice other than one referred to in clause (a), punishment not exceeding one half of the punishment imposable for the commission of such offence according to the degree of his or her involvement in that act. 37. Statute of limitation to be applicable : The statute of limitation provided for in this Act for making a compliant in relation to an accomplice of, or attempt to, such offence. Chapter-4 Gravity of Offence Aggravating and Mitigating Factors 38. Factors aggravating the gravity of offence : For the purposes of this Act, the following factors, if exist, shall be considered as aggravating the gravity of an offence: affiliated in a group, (h) The offence was committed by taking advantage of the disturbance of public peace or landslide, flood, earthquake or natural calamity of similar nature or outbreak of epidemic, starvation or occurrence of any other crisis of similar nature, (i) The offence was committed by carrying or using an arm or toxic or explosive substance or supplying electricity or using an electronic device or with the aid of a person carrying an arm, toxic or explosive substance, (j) The offence was committed again by an offender already sentenced to imprisonment, taking any one hostage, detention, custody, imprisonment or control, (r) The offence was committed by one who has a duty to provide security to any person against that person, (s) The offence was committed with the intention of destroying the identity of any caste, race or group (genocide), (t) The offence was committed with the intention of causing hatred against any caste, race, religious or cultural community, offender against the person who had already become a victim of an offence. 39. National Penal (Code) Act, 2017
National Penal (Code) Act, 2017

Factors mitigating the gravity of offence: For the purposes of this Act, the following factors, if exist, shall be considered as mitigating the gravity of an offence: (a) The offender is below eighteen years or above seventy five years of age, (b) The offender had no intention to commit the offence, (c) The person against whom the offence was committed had, immediately before the commission of the offence, provoked or given threat to the offender, (d) The offence was committed instantly as a retaliation or any of his or her close relatives, telling the truth to the court, to commit any criminal offence in the future, (l) The offence was committed under other's instigation or pressure. Chapter-5 Provisions Relating to Punishment and Interim Relief 40. Types of punishment: (1) The punishments for the offences set forth in this Act shall be as follows: (a) Imprisonment for life, (b) Imprisonment, offender for the following offence, the offender shall be subjected to imprisonment for the whole of his or her natural life: (a) Murder with cruelty, torture or inhumane conduct, (b) Murder by hijacking or exploding an aircraft, (c) Murder by kidnapping or taking hostage, (d) Murder by poisoning publicly consumable beverages or food, (e) Genocide (destroying the identity of any caste, race or group) or offence committed with the objective of committing genocide, (f) Murder with rape. recidivist : (1) If a person who was sentenced for any offence commits another heinous or grave offence before the expiry of a period of five years after the date on which he or she completed the service of that sentence or was granted pardon, he or she shall be considered to be a recidivist. (2) A recidivist shall be liable to a punishment that is up to double the punishment imposable for the last offence committed by him or her. Provided that this Section shall not apply to an offender who has been sentenced to imprisonment for life pursuant to Section 41. attained majority. 46. Imprisonment for fine: (1) Any offender who is unable to pay a fine imposed on him or her may be subjected to imprisonment. (2) The term of imprisonment under sub-section (1) shall be determined as follows: (a) In determining the sentence of imprisonment in default of payment of a fine for an offence punishable by both imprisonment and fine, the not to exceed ten years. which the offender is sentenced to a fine, in determining the sentence of imprisonment in default of payment of such fine, the term of imprisonment shall be so determined as not to exceed two years. National Penal (Code) Act, 2017
National Penal (Code) Act, 2017

(3) Notwithstanding anything contained in sub-section (2), the following provisions shall apply to the imposition of a sentence of imprisonment for non-payment of a fine on a child below eighteen years of age: (a) In the event of non-payment of a fine for an offence punishable by fine only or by either fine or imprisonment, the child shall not be subjected to imprisonment and the fine shall be remitted. (b) Where an offence is punishable by imprisonment fifty percent of the sentence imposable under law for such offence may be remitted. (2) Notwithstanding anything contained in sub-section (1), the following offender shall not be entitled to the remission of sentence: (a) One who has once obtained remission under sub section (1), (b) One who has been convicted of any offence punishable by imprisonment, and a period of three years has not lapsed since the completion of person so accused shall immediately provide such compensation or amount to the victim or person dependent on him or her. (3) Where the accused is unable to provide the compensation or amount pursuant to sub-section (2) in accordance with the order referred to in sub-section (1), the court shall order that the compensation or amount be provided to the victim or person dependent on him or her from the victim relief fund established pursuant to the laws in force related to the determination and execution of sentences for criminal offences, and the amount so reimbursed into such fund. Part-2 Criminal Offences Chapter-1 Offences against the State commit such act. harmonious relations between federal units, of Nepal or attempt to commit, or abet the commission of, or make conspiracy to commit, such act, or undermine or cause to be undermined the cordial relations subsisting between different castes, races or communities. (5) A person who commits, or causes to be committed, the offence referred to in this Section shall be sentenced to the following punishment: (a) Imprisonment for life in the case of the offence referred to in sub-section (1) or (2), unsubstantiated matter in relation to the Government of Nepal or any action of the Government of Nepal, bring or attempt to bring into hatred, enmity or contempt towards the Government of Nepal or cause the commission of such act. Provided that nothing contained in this sub-section shall be considered to render any healthy or decent criticism of the Government of Nepal to be the offence. (4) A person who commits the offence referred to in sub section (3) shall be liable to the sentence of imprisonment for a term rupees. image of, Nepal, or remove or dislocate any boundary pillar, except in accordance with agreement with a neighbouring country, or to so change any boundary pillar as to be prejudicial to the geographical or territorial integrity of Nepal. National Penal (Code) Act, 2017
National Penal (Code) Act, 2017

(3) Any Nepali player or a group of Nepali players, who representing Nepal, plays any match in competition with any player or players in Nepal or a foreign country shall not play, or cause to be played, such match in connivance with or under the influence of any one in a manner to manipulate a natural result of such match or to make a bet win or lose, and where any match has been so played, the offence against national interest shall be considered to have been committed. offender. (7) Where the offence referred to in sub-section (2) or (3) is committed by a public office holder or a person representing Nepal, while in a foreign country, he or she shall be liable to additional sentence of imprisonment for a term not exceeding three years. 52. Prohibition of genocide: (1) No person shall commit, or cause to be committed, genocide. (2) For the purpose of sub-section (1), any of the following of genocide: life, _inter alia_, the depriving its members of access to essential goods such as water, food, fuel and medicine, by hindering the supply or movement of such goods, thereby deliberately making painful the life of members of such group, calculated to bring about its physical destruction in whole or in part, (d) Forcibly imposing measures on members of such group intended to prevent births within the group, except in cases of voluntary use by such members of family planning means, (e) Forcibly transferring children of such group to another group. (3) Any person who commits the offence referred to in sub section (1) shall be liable to the following punishment: (5) Where the offence referred to in this Section has been committed by a group or with the involvement of several persons, every person involved in such offence shall be equally liable as the offender. (6) Where any person who commits the offence referred to in this Section is a public office holder, he or she shall not be allowed to make a plea that such offence has been committed in the course of executing a superior order or maintaining law and order or enforcing law, and that person shall not enjoy any remission or plea. (4) A person who commits, or causes to be committed, the offence referred to in sub-section (1) or (2) shall be liable to a sentence of imprisonment for life, and a person who commits the offence referred to in sub-section (3) shall be liable to a sentence of imprisonment for a term not exceeding twenty-five years and a fine not exceeding one hundred thousand rupees. 54. Prohibition of waging war or insurrection against friendly State : (1) No person shall, using the territory of Nepal, wage or threaten to wage war, by raising arms, or attempt to wage such war or insurrect with Nepal. National Penal (Code) Act, 2017
National Penal (Code) Act, 2017

(2) A person who commits, or causes to be committed the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees. 56. Prohibition of espionage : (1) No person shall, with intent to undermine the sovereignty, security or geographical or territorial integrity of Nepal or to prejudice the interests of Nepal or with the knowledge that such consequence is likely, or being induced by any foreign country or international organization, supply to any one any espionage. military situation, strategic arrangement or internal security of Nepal, a sentence of imprisonment for a term not exceeding twenty-five years, (a) In the case of a person who commits, or causes to be committed, espionage in relation to any matter that must be kept confidential by the Government of Nepal from the political, economic or diplomatic viewpoint or any other confidential document, that must be kept confidential by the Government of Nepal from the political, economic or diplomatic viewpoint or any other confidential document, a sentence of imprisonment for a term ranging from five to ten years, (c) In the case of a person who commits, or causes to be (4) A person who commits any offence referred to in this Section shall be liable to punishment as follows: (a) In the case of the offence referred to in sub section (1), a sentence of imprisonment for life, (b) In the case of the offence referred to in sub section (2), a sentence of imprisonment for a term ranging from ten to fifteen years, (c) In the case of the offence referred to in sub section (3), a sentence of imprisonment for a term ranging from five to ten years. specific manner. 59. Statute of limitation: (1) No statute of limitation shall apply to a complaint with regard to any of the offences under Sections 49, 50, 51 52, 53 and 57. (2) In the case of the offences under the Sections of this Chapter, except those Sections set forth in sub-section (1), no complaint shall be entertained after the expiry of two years of the date of knowledge of the commission of the offence. Chapter-2 Offences against Public Tranquility 60. Prohibition of unlawful assembly: (1) No person shall be engaged in an unlawful assembly. unlawful assembly: transport or communication or similar other utilities, (4) to compel any person to do what he or she is not legally bound to do or to omit to do what he or she is legally entitled to do. legal process, (c) To commit any offence punishable by a sentence of imprisonment. National Penal (Code) Act, 2017