Understanding Arms and Ammunition Law in Nepal

Muluki Penal Code, 2017 reinforces criminal liability associated with unauthorized possession, use, and trafficking of such weapons. Under the Penal Code, the unlawful manufacture, possession, transportation, import, export, sale, or use of firearms and explosives is considered a punishable offense. These provisions aim to ensure public safety, national security, and maintain law and order.

The Code criminalizes the use of weapons to commit or attempt to commit violence, threaten public security, or disrupt peace. Higher penalties apply if arms are used in organized crime or during acts of terrorism. Individuals found guilty can face imprisonment, fines, or both, depending on the severity and intent behind the act. The law also addresses the use of homemade or modified firearms.

Nepal’s approach balances citizens’ rights with the need for strict control over weapons to prevent crime and political violence. The Penal Code works in coordination with special laws, ensuring comprehensive legal measures against the misuse of arms. Overall, the law reflects Nepal’s commitment to peace, security, and human rights through stringent arms control.

Definition

Arms

"Arms" means a canon, mortar, tank, machine gun, rifle, gun, pistol, revolver or other device of similar nature to be operated by using or not using ammunition, and this term also includes spare parts of and machinery and equipment for manufacturing any arms.

Machine Gun

"Machine gun" means a brain gun, luis gun, stain gun, machine, carbine, toms machine carbine, GMG, short machine gun or automated arms of similar nature, and this term also includes a machine, equipment for manufacturing a machine gun, and spare parts thereof.

Ammunition

"Ammunition" means gun powder, cape, bullet, shell, detonator, cartoos, fuse or other substance of similar nature to be placed in arms.

Provision as stated by Muluki Penal Code

• Prohibition of manufacturing arms without obtaining license ( Muluki Penal Code sec 129)

The law strictly prohibits the manufacturing of arms or ammunition without obtaining a valid license. Anyone who commits or causes such an offense is subject to legal punishment under the Muluki Penal Code. This provision aims to prevent illegal arms production, protect public safety, and reduce threats to national security by ensuring strict regulation and control over the manufacturing of weapons in Nepal.

Punishment

Imprisonment for up to ten years and a fine of up to one hundred thousand rupees.

• Prohibition of the transaction of arms without obtaining a license ( Muluki Penal Code sec 130)

The law prohibits any person from transacting arms and ammunition without a valid license or in violation of the terms and conditions stated in the license, even if one has been obtained. Unauthorized sale, purchase, distribution, or exchange of arms is considered a criminal offense under the Muluki Penal Code. Anyone found guilty of committing or facilitating such an act may face This provision is designed to regulate the legal trade of arms, prevent misuse, and ensure public safety and national security through strict licensing requirements.

Punishment

Imprisonment for up to seven years and a fine of up to seventy thousand rupees.

• Prohibition of the transaction of arms without obtaining a license ( Muluki Penal Code sec 130)

Under the Muluki Penal Code of Nepal, strict restrictions are placed on the acquisition and handling of certain types of arms and ammunition. Individuals are prohibited from acquiring, possessing, stockpiling, storing, using, transporting, exporting, or importing heavy and dangerous weapons without explicit permission from the competent authority. This includes tanks, cannons or mortars, machine guns, rifles, and any other weapons specified as restricted by the government.

Such arms cannot be obtained through any means, including purchase, donation, inheritance, reward, or succession, unless authorized. If any person acquires such prohibited arms, they are legally required to surrender them to the relevant District Administration Office within thirty-five days of acquisition. Failure to comply with these rules constitutes a criminal offense.

However, this law does not apply to security personnel such as members of the Nepal Army, Nepal Police, Armed Police Force, or other authorized security forces, who are permitted to carry and use such arms while performing their official duties. The provision aims to maintain national security and public safety by tightly controlling access to high-risk weapons.

Punishment

Imprisonment for up to seven years and a fine of up to seventy thousand rupees.

• Prohibition of retaining or carrying arms without license( Muluki Penal Code sec 132)

The Muluki Penal Code of Nepal mandates that no individual shall acquire, possess, stockpile, use, or carry arms that are legally permitted without first obtaining a valid license. Even when a license is obtained, the use and handling of such arms must strictly follow the conditions and restrictions specified in the license. Violating these terms, or possessing arms without a license, is considered a criminal offense. However, this provision does not apply to authorized personnel of the Nepal Army, Nepal Police, Armed Police Force, or other security agencies who are legally permitted to use arms in the course of their official duties. These individuals are allowed to hold and use such weapons lawfully while performing their responsibilities.This regulation aims to ensure responsible use and control of firearms in the country.

Punishment

Imprisonment for up to five years and a fine not exceeding fifty thousand rupees.

• Obligation to maintain records of transactions of arms and ammunition: ( Muluki Penal Code sec 133)

Under the Muluki Penal Code of Nepal, any person licensed to transact arms or ammunition must maintain detailed and separate records of all transactions. These records must include the type, description, and quantity of arms procured, sold, transported, stockpiled, exported, or imported. In the case of sales, the name, address, citizenship or passport number, and details of the buyer’s identification documents must also be recorded. Licensed dealers are required to present these records to the relevant controlling authority, investigating agencies, or court when asked. Additionally, individuals who are not licensed arms dealers but wish to engage in any transaction involving arms or ammunition must first obtain approval from the concerned District Administration Office. Failure to maintain proper records, present them when required, or transact without proper approval constitutes a legal offense.

Punishment

Imprisonment for up to two years and a fine of up to twenty thousand rupees.

• Prohibition of production or transaction of nuclear, chemical, biological (bacteriological) or toxin weapons:( Muluki Penal Code sec 134)

The Muluki Penal Code of Nepal strictly prohibits any person from engaging in activities related to nuclear, chemical, biological (bacteriological), or toxic weapons. This includes manufacturing, producing, acquiring, owning, selling, transferring, storing, transporting, exporting, importing, investing in, or managing such weapons, as well as causing others to do so. These activities pose serious threats to national and global security. The law ensures strong measures against the proliferation of weapons of mass destruction.

Punishment

Imprisonment for up to twenty years and a fine of up to two hundred thousand rupees.

• Forfeiture of movable, immovable property related to the offence

If any offense related to arms and ammunition is committed under this Chapter of the Muluki Penal Code, all associated items, such as the arms and ammunition involved, machinery, equipment, instruments, vehicles used for production, storage, or transport, and any money earned from their sale, will be subject to forfeiture. However, if the owner of the transport vehicle proves that they were unaware of the illegal transportation of arms or ammunition, their vehicle will not be confiscated. This provision aims to deter illegal arms activities by ensuring that offenders do not benefit from such acts and that involved assets are lawfully seized.

Compensation

If a person suffers harm or property loss due to an offense committed under this Chapter, the offender is required to pay reasonable compensation to the victim. This provision ensures justice by holding the offender accountable for damages caused and providing relief to those affected by the unlawful act.

Statute of limitation

The statute of limitation under this Chapter states that no complaint can be filed for an offense under Section 132 after three months of its commission. For other offenses, complaints must be filed within six months from the date the offense becomes known, ensuring timely legal action and evidence preservation.

The Muluki Penal Code, 2017, provides a comprehensive legal framework for controlling arms and ammunition in Nepal. By criminalizing unauthorized manufacture, possession, use, and trade of weapons—including weapons of mass destruction—it upholds national security and public safety. The Code imposes strict licensing requirements, mandates proper record-keeping, and ensures penalties such as imprisonment, fines, and forfeiture of assets. It also requires compensation to victims and sets clear time limits for filing complaints. Overall, the Penal Code balances individual responsibility with state authority, reinforcing Nepal’s commitment to peace, rule of law, and human rights through stringent and effective arms control measures.