Understanding the Punishment System in Nepal under National Penal Code

Introduction

The punishment system of Nepal is designed to uphold justice, maintain social order, and deter criminal activities. Rooted in a blend of traditional, religious, and modern legal principles, Nepals penal system has evolved significantly, particularly after the introduction of the National Penal (Code) Act, 2017. The country follows a retributive and rehabilitative approach to punishment, ensuring that offenders face consequences for their actions while also providing opportunities for reform.

Nepals legal framework classifies punishments into various categories, including fines, imprisonment, community service, and capital punishment (which is currently abolished). The severity of punishments depends on the nature of the crime, with offenses such as murder, rape, and treason carrying harsher penalties, including life imprisonment. The judicial system also allows for sentence reductions, presidential clemency, and rehabilitation programs for prisoners.

Despite its legal advancements, Nepals punishment system faces challenges such as overcrowded prisons, delays in judicial processes, and the need for better rehabilitation mechanisms. Efforts are being made to align the system with international human rights standards, ensuring justice is served while respecting the fundamental rights of individuals.

Types of punishment in Nepal

1. Imprisonment for life
2. Imprisonment
3. Imprisonment and fine
4. Fine
5. Compensation
6. Imprisonment in case of failure to pay a fine or compensation.

1) Imprisonment for life

In Nepal, life imprisonment means incarceration for the convict's entire lifetime, though it is often considered 25 years as per sec 42 of the National Penal Code, 2017.

Sec 41 has listed offenses where punishment is imprisonment for life

• Murder with cruelty, torture, or inhumane conduct,
• Murder by hijacking or exploding an aircraft,
• Murder by kidnapping or taking hostage,
• Murder by poisoning publicly consumable beverages or food,
• Genocide (destroying the identity of any caste, race, or group) or offense committed with the objective of committing genocide,
• Murder with rape.

2) Imprisonment for children (National Penal Code, 2074 Sec 45)

Imprisonment for children is a sensitive issue that requires a balance between justice and the well-being of young offenders. Under Nepal’s Children's Act, 2075 children under the age of 18 are generally not subjected to traditional imprisonment. Instead, they may be placed in juvenile homes or reform centers, where the focus is on education, counseling, and behavior correction. In cases of serious offenses, however, minors above a certain age may face detention, though this remains rare and is governed by strict legal protections aimed at ensuring their rights are upheld. The intention of the system is not to punish but to reform, giving young offenders a chance to reintegrate into society.

• A person who commits an offense under the law shall not be subject to any punishment if they were under ten years of age at the time of the act.
• When imposing imprisonment on a person aged ten or above but under fourteen, the individual may be sentenced to a maximum of six months in prison or placed in a reform home for up to one year as an alternative to imprisonment.
• If a person aged fourteen or above but under sixteen commits an offense punishable by imprisonment, they shall be subject to half the penalty that would be imposed on an adult.
• If a person aged sixteen or above but under eighteen commits an offense punishable by imprisonment, they shall face two-thirds of the penalty that would be imposed on an adult.

3) Imprisonment for fine ( National Penal Code, 2074 sec 46)

Any offender who is unable to pay a fine imposed on him or her may be subjected to imprisonment.

• When determining the prison sentence for failure to pay a fine in cases where both imprisonment and a fine are penalties, the imprisonment term shall not exceed ten years.
• When an offense is punishable by imprisonment, a fine, or both, and the offender is sentenced only to a fine, the imprisonment term for failure to pay the fine shall not exceed half of the maximum imprisonment term that could be imposed for that offense.
• When an offense is punishable only by a fine, and the offender is sentenced to pay a fine, the imprisonment term for failure to pay the fine shall not exceed two years.

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:

• If a child fails to pay a fine for an offense punishable only by a fine or by either a fine or imprisonment, they shall not be imprisoned, and the fine shall be waived.
• If an offense is punishable by imprisonment, a fine, or both, and the offender is sentenced only to a fine, the imprisonment term for non-payment of the fine shall not exceed three months.
• A person aged above fourteen but below eighteen, the imprisonment term shall not exceed half of the sentence applicable to an adult above eighteen years of age.

4) Remission of sentence ( National Penal Code, 2074 Sec 47)

If an offender confesses to their crime and aids in gathering evidence, capturing other suspects, or assisting the investigation, prosecution, or court, up to 50% of the imposed sentence may be reduced under the law.

The following offender shall not be entitled to the remission of sentence:

• One who has once obtained remission.
• A person convicted of an offense punishable by imprisonment who has not completed a period of three years since serving their sentence.
• One who has once been sentenced for any offense of the same nature as in which the remission of sentence is sought.

5) Power of court to order interim compensation (National Penal Code, 2074 Sec 48)

If a victim of an offense or their dependent requires urgent medical treatment, compensation, or financial relief, the court may direct the accused to provide medical care or pay interim compensation or relief. The person so accused shall immediately provide such compensation or amount to the victim or person dependent on him or her.

If the accused is unable to pay the compensation or amount as per the order of the court, shall direct that the compensation or amount be provided to the victim or their dependent from the victim relief fund established under applicable laws related to sentencing and execution for criminal offenses. The provided amount shall later be recovered.

If a person who has paid compensation or relief is acquitted by the court, the recipient of the compensation or relief must return the amount, either to the payee or to the victim relief fund within thirty-five days of the acquittal.

Conclusion

In conclusion, Nepal’s punishment system is designed to ensure justice, uphold social order, and offer opportunities for rehabilitation. The National Penal Code, 2017, outlines various forms of punishment, ranging from fines and imprisonment to life sentences, catering to different crimes and offenders. It emphasizes reform, especially for minors, and includes provisions for remission, compensation, and interim relief to victims. Despite legal advancements, challenges such as overcrowded prisons and delays in judicial processes persist. Ongoing reforms aim to align the system with international human rights standards, striving for a balance between justice, deterrence, and the rehabilitation of offenders.