Law of Hurt in Nepal (2026): Simple vs Grievous Hurt Guide

The law of hurt in Nepal is mainly governed by Sections 191 to 197 of the Muluki Penal Code 2074. It covers simple hurt, grievous hurt, provocation and negligent hurt. The sections set different punishment levels, but no single filing or court timeline applies to every case. Our criminal law team can assess the facts.

Key Takeaways

Nepal’s hurt law separates injury by its legal character, the accused person’s state of mind and the resulting harm. The Muluki Penal Code 2074 provides the central framework, while the police, Government Attorney and District Court perform different roles. Medical evidence often affects how the allegation is classified, but the court decides liability.

• Section 191 defines hurt as bodily pain, transmission of disease or infirmity caused to another person.
• Section 192 covers grievous hurt, including specified permanent injuries, fracture or dislocation, and serious incapacity lasting at least 20 days.
• Simple hurt may attract imprisonment of up to three years and/or a fine of up to NPR 30,000.
• Grievous hurt may attract imprisonment of up to 10 years and/or a fine of up to NPR 100,000.
• Section 194 provides a reduced punishment position where hurt is caused on grave and sudden provocation.
• Section 195 addresses negligent hurt, with punishment of up to six months’ imprisonment and/or a fine of up to NPR 5,000.
• The available material refers to a general FIR limitation range of three to six months under Section 196; verify the applicable period promptly with the police or a lawyer.

What is hurt under the Penal Code 2074?

Section 191 defines hurt as causing bodily pain, transmitting a disease or causing infirmity to another person. The provision therefore reaches more than a visible wound. The legal question is whether the act caused one of the forms of harm recognised by the section.

The supplied legal framework describes intentional or knowledge-based conduct as the foundation of ordinary hurt. In practical terms, the prosecution examines whether the accused intended the injury or knew that the act was likely to cause it. A pure accident without negligence does not automatically become ordinary hurt. A negligent act may instead raise the separate issue of Section 195.

This distinction matters in a police complaint. The words “assault” or “beating” do not, by themselves, settle the charge. The investigation must examine the act, the injury, the medical evidence, the surrounding conduct and the accused person’s mental state.

Who does Nepal’s hurt law apply to?

Nepal’s hurt provisions apply to a person alleged to have caused bodily pain, disease or infirmity to another person. They can arise in domestic disputes, public fights, workplace incidents and road-traffic cases. The relationship between the people may also activate another statute, so the police and counsel should assess the full fact pattern.

A victim may seek criminal investigation and may also consider compensation or a civil tort claim. A defendant may need to challenge the injury classification, the medical connection, the mental element or the reliability of the evidence. The same event can therefore create different questions for the injured person and the accused.

Domestic violence may involve the Domestic Violence (Offence and Punishment) Act 2066. A discriminatory motive may raise issues under the Caste-Based Discrimination and Untouchability Act 2068. A road-traffic injury may also require examination under the Vehicle and Transport Management Act. The correct legal route depends on facts, not on the label used in the first complaint.

What is grievous hurt in Nepal?

Section 192 treats specified serious injuries as grievous hurt. The list includes emasculation, permanent loss of sight or hearing, loss or permanent impairment of a member or joint, permanent disfigurement of the head or face, fracture or dislocation of a bone or tooth, and injury endangering life or preventing ordinary pursuits for at least 20 days.

These categories are significant because a painful injury is not automatically grievous hurt. The injury must fit the legal description in Section 192. A fracture or dislocation is expressly relevant. So are permanent losses, permanent impairment, permanent disfigurement and the stated life-threatening or incapacity threshold.

A medico-legal report is central to this assessment. It records the injury as examined by the medical authority and helps the investigation determine whether the allegation falls within simple or grievous hurt. The report does not replace the court’s decision. It is evidence that must be considered with the other material in the case.

Where a weapon or means likely to cause death is involved, related provisions may become relevant. The current material identifies acid, fire, corrosive substances and firearms as examples and refers to Section 192(ka) for acid-attack hurt. Such a file should not be assessed only as an ordinary punch or wound case.

What punishment applies to simple, grievous and negligent hurt?

Nepal sets different punishment ceilings for the main hurt categories. Simple hurt may attract up to three years’ imprisonment and/or a fine up to NPR 30,000. Grievous hurt may attract up to 10 years’ imprisonment and/or a fine up to NPR 100,000. Negligent hurt may attract up to six months and/or a fine up to NPR 5,000.

These are statutory maximums or stated punishment limits, not an automatic sentence. The court considers the offence proved, the evidence and the applicable sentencing framework. The National Criminal (Sentencing) Act 2074 is relevant to sentencing analysis.

The current material identifies possible aggravating considerations such as premeditation, a deadly weapon, multiple injuries, a vulnerable victim, previous convictions and breach of trust. It also identifies possible mitigating considerations such as youth, voluntary surrender, compensation before trial, cooperation with investigation and provocation that does not meet the full Section 194 threshold.

How does grave and sudden provocation affect a hurt case?

Section 194 provides a reduced punishment position where hurt is caused on grave and sudden provocation. Provocation does not automatically excuse the act. The court must assess the immediate circumstances, whether the provocation was sufficiently serious and sudden, and whether the response followed before there was time to cool down.

The defence must therefore do more than point to an argument. It should address the nature of the conduct that allegedly provoked the accused, the timing between the provocation and the injury, and whether the evidence supports a heat-of-passion response. The prosecution may dispute the seriousness, suddenness or causal connection.

Section 194 is a partial position, not a complete acquittal rule on the material supplied. If the court accepts the provision, the punishment may be reduced from the ordinary tier. The exact result depends on the proved facts and the court’s application of the statute.

What is negligent hurt under Section 195?

Section 195 addresses hurt caused by negligence rather than the intentional or knowledge-based conduct associated with ordinary hurt. It may apply where a person fails to take the care expected in the circumstances and that failure causes injury. The punishment stated in the supplied material is up to six months and/or a fine up to NPR 5,000.

Road-traffic injuries and workplace incidents may raise negligent-hurt questions. The label is not automatic. The investigation must connect the alleged failure of care to the actual injury. It must also distinguish negligence from a deliberate act or knowledge that the conduct was likely to cause hurt.

Negligent hurt may exist alongside a civil compensation claim. The criminal case examines culpability under the Penal Code 2074. A civil tort claim examines loss and relief through the applicable civil process. A person considering both routes should keep the factual account consistent and obtain advice before making admissions.

What evidence matters in a hurt prosecution?

Evidence matters because the court must connect the accused, the act, the injury and the applicable legal category. A medico-legal report is identified in the supplied material as mandatory in hurt prosecutions. Medical records, examination findings, injury images, witness accounts and surrounding facts may help test that connection.

The report should be read carefully. A description of pain may support Section 191, while fracture, dislocation, permanent impairment or the 20-day incapacity threshold may affect Section 192. The timing of examination and the explanation of how the injury occurred may also affect the weight given to the medical evidence.

For the defence, relevant questions may include whether the injury existed before the alleged incident, whether the stated act could have caused it, whether the report supports the charged category and whether witnesses agree. For the victim, prompt preservation of medical and other evidence may help present a complete account.

What should you do after a hurt incident in Nepal?

After a hurt incident, preserve safety and evidence, obtain medical attention and approach the police office connected with the place of occurrence. The current material describes an FIR route through the District Police Office, investigation with medical evidence, and prosecution through the District Government Attorney before the District Court.

1. Obtain medical examination promptly. Ask that the injury and treatment be properly recorded, because the medico-legal evidence may affect the classification.
2. Record the incident clearly. Preserve available photographs, messages, witness details and other material without altering or deleting it.
3. Approach the relevant police office. The current article identifies the District Police Office of the place of occurrence for FIR registration; verify the receiving office and applicable limitation period.
4. Explain the complete context. State whether the allegation involves a weapon, domestic relationship, discriminatory motive, road incident or workplace event.
5. Review the medical classification. Check whether the evidence supports simple hurt, grievous hurt or negligent hurt under the relevant section.
6. Obtain case-specific legal advice. The accused and the injured person have different interests, and each should receive advice on evidence, statements, compensation and court strategy.

What documents are needed for a hurt complaint?

No universal document list is established in the supplied material for every hurt FIR. The central document identified is the medico-legal report, supported where available by medical records and other evidence. Because police requirements and case facts can differ, verify the exact filing requirements with the receiving office.

You should not assume that a photograph alone proves grievous hurt. Nor should an absence of a visible wound end the inquiry where the allegation concerns disease, infirmity or internal injury. The evidence must be assessed as a whole, with medical proof connected to the alleged conduct.

If another statute may apply, additional records may become relevant. For example, a domestic relationship, workplace setting, discriminatory motive or road-traffic context can change the legal questions. Our team can help organise the facts and identify the issues through criminal case litigation support.

What is the hurt-case timeline in Nepal?

Nepal’s hurt law does not establish one completion time for every complaint in the supplied material. The stated FIR limitation is generally three to six months from the offence under Section 196, while the current article refers to a 35-day appeal period from a District Court judgment to the High Court. Verify the applicable period promptly.

Timing can depend on the injury, medical examination, police investigation, Government Attorney action, court schedule, witness availability and whether the charge is simple, grievous or negligent hurt. A medical report may also take different practical periods depending on the examination and records needed.

Where is a hurt case heard and how can an appeal proceed?

The current framework places the criminal trial in the District Court, which has original jurisdiction for the described hurt prosecution. The supplied material refers to an appeal from the District Court judgment to the High Court within 35 days. Investigation and prosecution occur earlier through police and the District Government Attorney.

The appeal period is critical. A party should read the judgment, identify the date from which the period runs and obtain advice without delay. Do not rely on a general summary if the case involves a special statute, a different order or a procedural exception.

Can a victim claim compensation in a hurt case?

A hurt victim may pursue compensation through the criminal sentencing framework and may also consider a civil tort claim. The criminal court may direct compensation to the victim, while a civil proceeding may address damages. The available material does not establish one fixed compensation amount for every hurt case.

The injury, treatment, loss, disability and evidence will affect the legal assessment. A victim should preserve medical bills and related records where available, but should verify the documents needed for the chosen route. Compensation in a criminal order and damages in a civil claim are not necessarily the same legal remedy.

Our tort law practice can help review the civil aspect, while criminal counsel can address the prosecution and sentencing position. No lawyer can promise a compensation order, a charge or a particular outcome.

What common mistakes weaken a hurt case?

Hurt cases are often weakened by delay, imprecise descriptions and failure to connect the medical finding to the alleged act. The limitation issue is especially serious because the supplied framework refers to a three-to-six-month range under Section 196. You should verify the exact period instead of assuming that every case has the same deadline.

• Calling every painful injury “grievous” without checking the Section 192 categories.
• Ignoring the difference between intentional hurt, knowledge-based hurt and negligent hurt.
• Failing to preserve the medico-legal report, treatment records or relevant incident evidence.
• Making statements that omit a weapon, domestic relationship, discriminatory motive or road-traffic setting.
• Assuming that a police classification permanently controls the charge or the court’s final decision.
• Waiting to obtain advice until the appeal period has nearly expired.

A defendant should also avoid treating compensation or settlement discussions as a substitute for legal advice. A statement made in one setting may affect another proceeding. The correct approach depends on the facts, the charge, the evidence and the stage of the case.

What might a hurt case look like in Nepal?

Consider this illustrative scenario: two people argue at a workplace, one throws an object and the other suffers a fracture. The allegation may raise Section 192 because fracture is listed as grievous hurt. If the injury instead resulted from a safety failure without an intentional act, Section 195 may require separate analysis.

This example does not decide liability, punishment or the required documents. The outcome would depend on the medical report, witness accounts, workplace records, the act alleged and the connection between that act and the injury. A different relationship or motive could also raise another statute.

What alternatives and edge cases should you consider?

A hurt allegation may overlap with domestic violence, caste-based discrimination, road-traffic injury, workplace negligence or an attack involving a dangerous means. The Muluki Penal Code 2074 remains central to the hurt classification, but the complete legal assessment may require more than Sections 191 to 197.

Domestic violence concerns may require review under the Domestic Violence (Offence and Punishment) Act 2066. A discriminatory injury may engage the Caste-Based Discrimination and Untouchability Act 2068. Road incidents may require review under the Vehicle and Transport Management Act. These alternatives do not mean that every overlapping fact creates a separate charge.

Another edge case concerns provocation. An argument does not automatically satisfy Section 194. The provocation must be assessed for seriousness and suddenness, and the response must be examined against the surrounding facts. Likewise, an accident does not automatically establish negligent hurt. The alleged failure of care and causal connection still require proof.

For the official statute landing page, you may consult the Nepal Law Commission’s Criminal Code 2074 resource. For police and FIR-related institutional information, the Ministry of Home Affairs is an official government source. Confirm current practice with the receiving authority.

How can a lawyer help with a hurt case?

A lawyer can review the alleged offence, medical classification, limitation issue, evidence and possible overlapping statutes. The lawyer may advise a victim, defend an accused, assist with statements, assess compensation or represent a party in the District Court and any available appeal. Legal advice remains fact-specific and cannot guarantee an outcome.

Alpine Law Associates advises and represents clients in criminal matters. Our team can help you organise the chronology, identify the central legal questions and decide whether you need criminal representation, a civil tort assessment or both. Keep your original records and do not delay if a limitation or appeal period may apply.

In short: what is the law of hurt in Nepal?

The Penal Code 2074 distinguishes ordinary hurt, grievous hurt, provocation-based hurt and negligent hurt. Section 191 defines the basic harm. Section 192 identifies grievous categories. Sections 194 and 195 address provocation and negligence. The medical report, limitation period, evidence and correct forum can all affect the case.

• Check the injury against the statutory category, not only its appearance.
• Preserve medical and incident evidence.
• Verify the applicable FIR limitation promptly.
• Consider overlapping domestic, discriminatory, road or workplace issues.
• Obtain advice before making important statements or allowing an appeal period to expire.

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If you are dealing with simple hurt, grievous hurt, negligent hurt or a related criminal allegation, contact Alpine Law Associates for a case-specific review, or learn about our criminal case litigation services in Nepal. This article is general information, not legal advice.