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Table of Contents
Introduction
Gambling and betting have long been part of Nepalese society, often associated with traditional festivals and entertainment. However, due to their potential to cause financial ruin, social disorder, and criminal activity, these practices are closely regulated under Nepalese law. The Muluki Penal Code, 2074 (2017), which replaced the old Muluki Ain, provides clear legal provisions regarding gambling and betting in Nepal. Chapter 20 of the Penal Code specifically addresses offenses related to gambling and betting, outlining what constitutes illegal gambling, the penalties for violations, and exceptions under the law.
According to Section 125 of the Muluki Penal Code, any individual found engaging in gambling or betting, whether in a public or private place, may be held criminally liable unless it is allowed under specific legal provisions or government-sanctioned activities, such as licensed lotteries or casinos. The law criminalizes not only the act of gambling but also organizing, operating, or facilitating such activities. Repeat offenses result in increased penalties, which may include fines and imprisonment.
Despite legal prohibitions, gambling remains prevalent in many parts of the country, often occurring underground. To balance tradition, tourism, and law enforcement, the government has allowed casinos to operate under licenses, mainly for foreign nationals. This dual approach reflects Nepal’s attempt to regulate gambling while mitigating its negative impacts.
Overall, the Muluki Penal Code aims to discourage illegal gambling and betting while allowing space for regulated and controlled gaming activities, thereby maintaining social order and protecting vulnerable groups from exploitation.
"gambling" means a game or process of any type to be so played by betting as to gain, lose, or win any kind of movable or immovable property or return, based on contingency. This term also includes any betting or wagering made by one who does not gamble himself or herself as to gain or lose any movable, immovable property or return depending on the win or loss of others.
The following games or programs shall not be considered to be gambling:
- A game so played, with the approval of the Government of Nepal, for entertainment in a public ceremony, fair, feast, festival, exhibition, or event, in which a small amount of movable property is won or lost.
- A lottery operated with the approval of the authorized authority.
“Betting” means a person who so bets that he or she will receive or lose any movable, immovable property or consideration if any particular party wins or loses any game or process that can be played, or caused to be played, under law shall be considered to have committed the offence of betting.
Gambles for the first time: Imprisonment up to 3 months, or fine up to 30,000/- or both
Gambles for the second time: Imprisonment up to 1 year and a fine up to 50,000/-
If they repeatedly violate the law against Gambling, they can be imprisoned additionally for a term of up to Three Months and a fine of up to 10,000/-.
Betting : The offender shall be liable to a sentence of imprisonment for a term not exceeding one year and a fine not exceeding 10,000/-, along with the forfeiture of the claimed amount used in the offence.
| Aspect | Gambling | Betting |
|---|---|---|
| Definition | Gambling is the act of staking money or valuables on a game of chance or an uncertain outcome. | Betting involves wagering money on the outcome of a future event, typically based on some level of knowledge or prediction. |
| Element of Chance | Strongly dependent on pure chance (e.g., card games, dice, roulette). | Involves chance and skill, often based on knowledge of the event (e.g., sports betting). |
| Examples | Playing cards, slot machines, roulette, and dice games. | Wagering on horse races, cricket matches, and elections. |
| Intent | Primarily for entertainment or thrill, often impulsive. | Often planned, strategic, based on research or analysis. |
Gambling and betting, though rooted in Nepalese culture and tradition, pose significant social and legal challenges. The Muluki Penal Code, 2074, clearly defines and criminalizes unauthorized gambling and betting activities to prevent exploitation, financial harm, and public disorder. By distinguishing between illegal and government-approved activities, such as licensed lotteries or regulated casinos, the law seeks to strike a balance between cultural practices and legal control. Despite legal restrictions, underground gambling persists, highlighting enforcement gaps. Ultimately, Nepal’s legal framework aims to protect society by regulating these activities, promoting lawful entertainment, and minimizing the negative consequences of unregulated gambling and betting.
Services provided by a Alpine Law Associates for the case of gambling and betting
1. Legal Consultation
The first step a law firm offers in gambling and betting cases is legal consultation. During this process, lawyers explain the relevant provisions of the Muluki Penal Code, 2074, particularly Chapter 20 and Section 125, which deal with offenses related to gambling and betting. Clients are informed about whether their actions fall under illegal gambling or betting and are guided on the potential consequences. This helps individuals understand their legal standing before proceeding further with the case.
2. Case Assessment and Strategy
Once the client provides the details of the case, the law firm evaluates the facts, available evidence, and circumstances. Based on this assessment, the lawyers determine the strengths and weaknesses of the case. They then develop a tailored legal strategy—whether to plead not guilty, negotiate a settlement, or seek a reduction in charges. This strategic planning ensures the best possible outcome for the client within the legal framework.
3. Representation in Court
Legal representation is a core service provided by law firms. In gambling and betting cases, attorneys represent clients at all stages of legal proceedings—during police investigations, at court hearings, and throughout the trial. They argue on behalf of the client, cross-examine witnesses, and present evidence. In cases involving arrest, lawyers also file for bail and advocate for lenient treatment based on the client's background and the nature of the offense.
4. Documentation and Filing
Handling legal documents is crucial in any case. Law firms prepare and file all necessary paperwork, including petitions, bail applications, affidavits, replies, and appeals. Accurate documentation ensures that the client's case is legally sound and compliant with court procedures. Any mistake in paperwork could delay the process or even weaken the case, so law firms take this responsibility very seriously.
5. Negotiation and Settlement
In some instances, especially for first-time offenders or minor offenses, law firms may engage in negotiations with the prosecution to reduce the charges or reach a settlement. Plea bargaining may be used to avoid lengthy court trials. While gambling and betting offenses are criminal in nature, negotiation can sometimes result in reduced sentences, alternative penalties, or community service instead of imprisonment.
6. Appeals and Review
If a client is not satisfied with the decision of a lower court, the law firm can help file an appeal to a higher court. They may seek to overturn the verdict, reduce the sentence, or request a review or revision of the case. This is particularly useful in situations where the court ruling is deemed too harsh or if new evidence becomes available that can impact the case outcome.
Frequently Asked Questions
The legal framework for gambling and betting in Nepal is primarily governed by the Muluki Penal Code, 2074 (2017). It criminalizes unauthorized gambling and betting, while allowing regulated activities like licensed casinos and lotteries.
For first-time offenders, gambling can lead to imprisonment for up to three months or a fine of up to 30,000 rupees. Repeat offenders may face imprisonment for up to one year and a fine of up to 50,000 rupees.
Betting is illegal in Nepal unless it is authorized by the government, such as through licensed lotteries or casinos. Unauthorized betting can result in imprisonment for up to one year and a fine of up to 10,000 rupees.
Gambling in Nepal includes any activity where money or valuables are staked on an uncertain outcome or game of chance. This includes card games, dice games, slot machines, and any betting involving chance.
Yes, certain games conducted with government approval for public ceremonies, festivals, or exhibitions are not considered gambling. Similarly, authorized lotteries are exempt from gambling regulations.
The penalties for betting include imprisonment for up to one year and a fine of up to 10,000 rupees. The bet amount involved may also be forfeited by the authorities.
Yes, law firms in Nepal offer legal services for gambling and betting cases, including legal consultation, case strategy, representation in court, and settlement negotiations.
Repeated gambling offenses can result in increased penalties, such as imprisonment for an additional three months and a fine of up to 10,000 rupees, depending on the severity of the offense.
Lawyers can provide legal consultation, evaluate the strength of the case, represent clients in court, handle documentation, and negotiate settlements to reduce penalties or avoid a lengthy trial.
Yes, clients dissatisfied with a lower court’s decision can file an appeal to a higher court to seek a reduction in penalties, request a case review, or overturn the decision based on new evidence.
Disclaimer:
This article is intended solely for informational purposes and should not be interpreted as legal advice, advertisement, solicitation, or personal communication from the firm or its members. Neither the firm nor its members assume any responsibility for actions taken based on the information contained herein.