Nepal's Criminal and Civil Procedure Codes 2017: Key Features and Impact

Nepal's Criminal Procedure Code and Civil Procedure Code, both enacted in 2017 (2074 B.S.), serve as essential legal frameworks that regulate the procedures for handling criminal and civil cases. These procedural laws outline the legal mechanisms through which justice is administered, ensuring fair trials, due process, and the protection of rights.

The Criminal Procedure Code governs the process of investigating, prosecuting, and adjudicating criminal offenses. It defines rules for police investigations, arrest procedures, evidence collection, bail provisions, trials, and sentencing. Its primary aim is to uphold justice, protect the rights of both the accused and the victims, and maintain law and order.

The Civil Procedure Code, on the other hand, regulates the process for resolving civil disputes, including property disputes, contractual disagreements, and family law matters. It establishes guidelines for filing lawsuits, presenting evidence, conducting hearings, and enforcing civil judgments. The code emphasizes fair dispute resolution, access to justice, and procedural efficiency.

Both procedural codes are designed to ensure transparency, fairness, and efficiency in Nepal's legal system. They play a crucial role in safeguarding legal rights and providing a structured mechanism for resolving disputes in an orderly manner.

Features of National Criminal Procedure Code, 2017 (2074 BS)

• Criminal complaints may be filed orally, by post, or through electronic means.
• A court warrant should be produced first before arresting a person on a charge.
• Provision of urgent arrest warrants to nab urgent suspects subject to later court approval.
• Any individual may arrest a person committing a crime and hand over him or her to a nearby police station.
• Every agency, official or individual is required to assist the police in arresting a suspect. A special investigation team comprising subject experts as well may also be formed to probe serious crimes.
• A maximum remand period of 40 days from the day of arrest to conclude the investigation.
• An investigation official designated by the government may investigate crimes committed by or against Nepalese individuals abroad.
• Investigation done by an authorized official abroad may be given recognition inside the country.
• Modern audio-visual means such as video conferencing may be employed to record the statements, to question a suspect, or to examine a witness.
• Plea bargaining facility for the cooperating defendant leading to a rebate in punishment of up to 50 percent.
• Some petty offenses may not be prosecuted.
• In case a decision on non-prosecution is made, the complainant or victim should be given a written notice thereof.
• Revised format of the charge sheet making it more precise and compact.
• Charge sheet may be amended or new charges may be pressed if newer facts or evidence emerge.
• The court may hold a pre-trial conference between the plaintiff and defendant if the latter denies any wrongdoing.
• The courts are now required to decide first on the jurisdiction and statute of limitations before entering into the merit of a case.
• Foreign-based accused may be arrested through mutual legal assistance.
• Court notices may be served through newspapers or electronic media such as emails, also.
• Freeze on the enjoyment of certain public services and utilities for an absconding
• A representative or legal counsel who declines to receive court notices of his or her client may be barred from representing such client.
• Criteria set for fixing the figure of bail or guarantee amount.
• Compulsory judicial custody for the accused, pending trial, in certain serious cases
• The government to provide facilities and protection to the witnesses/victims in criminal cases where the government is a plaintiff.
• A witness imperative for a trial may be arrested and/or fined if he or she fails to show up at the court, to give his or her testimony.
• Negative list of some crimes where there could be no remission, pardon, or commutation in a sentence.
• The full text of a verdict over a criminal case should be prepared by the Judges within 21 working days of announcing the decision.
• Fines instead of imprisonment provided for some milder crimes.
• The identity of victims or witnesses may be kept secret if security considerations so require.
• Provisions of this Code to apply to other judicial and quasi-judicial agencies also, apart from the regular courts.

Features of National Civil Procedure Code, 2017 (2074 BS)

• The provisions of this Code apply to both quasi-judicial and judicial authorities while deciding disputes of a civil nature.
• Clear bifurcation of civil and criminal cases to avoid confusion.
• The disputes of possession or loss of rights, divorce, relation verification, or legal status are to be decided only by the regular courts.
• The concerned District Court is entitled to hear, try, and settle cases for which a court, agency, or official is already nominated in-laws but is not existent in practice, till the functioning of such court, agency, or official.
• A detailed definition of the term Documents.
• Any document carrying a transaction purse of more than Rs. 50,000 is to be registered at the concerned Local level.
• In case a public official fails to disclose his or her name and designation in papers that he or she is authorized to sign, the court may impose a maximum fine of Rs. 500 against such official.
• While securing the signature of an illiterate person in a document, in case he or she so desires, a person of his or her choice should be named as a witness in such document. Fixation of court fees for various types of cases.
• Prior to starting evidence examination, the court is required to decide on the locus standi, jurisdiction, and limitation period through a primary hearing. No question shall be raised on matters settled as above in the course of filing an appeal, revision, or review petition on the same case.
• The plaintiff itself may serve a copy of his or her plaint with the notice thereof to the respondent itself if he or she desires so.
• A court notice may be served to a party via an official, legal counsel, witness, or representative related to that party when he or she makes a court appearance. In case they obstruct the service of court notice or if they decline to receive the same, the Judge may order the suspension of other functions that they are supposed to discharge in that court.
• Modern audio-visual means such as video conferencing may be employed to examine a witness not readily available to make a court appearance.
• Once the examination of evidence is concluded, the Judge is required to generally issue a verdict within a month and to prepare its full text within 21 working days of the announcement of the verdict.
• Henceforth, verdicts may be executed by means of mediation or compromise effected between the parties at their own will.
• A difficult property may be partitioned between the coparceners by fixing a price thereof at the consent of coparceners or by fixing a publicly approved value of the same and dividing the proceeds accordingly among them.
• A guardian may file complaints, written replies, appeals, or petitions on behalf of indigent parties such as children, senior citizens, and disabled or mental persons, after acquiring court permission.
• A day appointed by the Supreme Court of Nepal should be chosen for publishing court-related notices in daily newspapers.
• A Judge may order departmental action against an employee who fails to discharge its duties as per this Code, within the stipulated time.
• Time extension may be granted one time for up to 15 days in case of court notice and up to 21 days for up to 2 times in case of court appearances.

The Criminal Procedure Code and Civil Procedure Code of Nepal (2017) play a crucial role in ensuring justice, fairness, and efficiency in legal proceedings. The Criminal Procedure Code establishes clear guidelines for investigations, arrests, trials, and sentencing, emphasizing due process and protecting the rights of both victims and the accused. Meanwhile, the Civil Procedure Code streamlines civil dispute resolution, ensuring transparency and accessibility in legal matters. Together, these procedural laws enhance Nepal's judicial system, reinforcing accountability, safeguarding legal rights, and promoting the rule of law, ultimately contributing to a more just and organized society.