Understanding Nepal's Suicide Law: Abetment, Legal Provisions, and Support

In Nepal, suicide itself is not a criminal offense. Attempted suicide is also not punishable under current Nepali law, aligning with a more compassionate and health-oriented approach to mental health issues. However, while individuals are not prosecuted for attempting suicide, abetment or assistance in a suicide is treated as a serious criminal offense. Under Section 185 of the Muluki Penal (Criminal) Code, 2017, anyone found guilty of encouraging, aiding, or provoking another person to commit suicide can face legal action, including imprisonment of up to 10 years, depending on the circumstances and consequences of the act.

Nepal faces growing mental health challenges, particularly among youth and marginalized communities, yet mental health services remain underdeveloped. Suicide is a leading cause of death among young people, especially in rural areas where access to care is limited. Although the legal system focuses on punishing those who abet suicide rather than the individuals who attempt it, there is a critical need for broader mental health support, public awareness, and destigmatization efforts.

Addressing suicide in Nepal requires a multi-sectoral approach that includes improving mental health care access, integrating mental health into primary care services, and implementing community-based prevention programs with government and civil society collaboration.

Suicide refers to the deliberate act of ending one’s own life, often driven by mental, social, economic, or other distressing factors. While some countries criminalize suicide, others do not treat it as a criminal offense. However, encouraging, assisting, or causing someone to commit suicide is recognized as a punishable crime.

In Nepal, the Muluki Ain of 2020 previously criminalized suicide, meaning that individuals who attempted suicide and survived could face imprisonment or fines depending on the situation.

The National Penal Code of 2074, however, no longer considers suicide itself a crime but strictly prohibits the abetment or encouragement of suicide, making it an offense under Nepalese law.

Key provision relating to Abetment to suicide

Section 185 under the Chapter on Offenses Against the Human Body strictly prohibits the act of abetting or encouraging suicide in Nepal.

According to Section 185(1), no person is allowed to provoke, incite, or assist another person in committing suicide.

This includes creating or contributing to situations or conditions that may push someone toward taking their own life.

If a person is found guilty of aiding or encouraging suicide, they are subject to legal punishment, which includes both imprisonment and a monetary fine.

The offender may face a prison term of up to five years and a fine not exceeding NPR 50,000.

Compensation

Section 186 of the National Penal Code provides for compensation to victims who suffer harm to their life, body, or property as a result of an offense.

The court is required to direct the offender to pay fair compensation to help the victim recover from the loss or damage. If the victim is no longer alive, the compensation must be provided to their legal heir or successor.

Statute of Limitations

Section 187 outlines the statute of limitations for filing a complaint related to the abetment of suicide in Nepal.

It states that a complaint must be lodged within six months from the date the offense became known to the concerned party in order for it to be legally valid.

Services provided by a criminal lawyer for a case relating to abetment to suicide.

1. Legal Consultation and Case Assessment

The first step a lawyer takes in an abetment to suicide case is to offer legal consultation to the client, whether they are a family member of the victim or the accused. During this phase, the lawyer evaluates the available facts, circumstances of the death, communication records, and other evidence to determine if the case qualifies under Section 185 of the National Penal Code. The lawyer also explains the legal rights of the client, the strength of the evidence, potential consequences, and the options available for moving forward with or defending against legal proceedings.

2. Filing the Complaint (FIR)

If the client is the victim’s family or legal representative, the lawyer helps draft and file a First Information Report (FIR) with the local police. This report is the foundation of any criminal investigation and must include all known facts and suspected involvement of the accused. The lawyer ensures that the FIR is filed within the legal time limit — six months from the date of knowledge of the offense, as outlined in Section 187 of the National Penal Code. A properly filed FIR is essential for starting a formal investigation.

3. Evidence Collection and Preservation

An important role of a lawyer in such cases is assisting in the collection, preservation, and presentation of evidence. This can include text messages, social media posts, letters, witness statements, mental health records, and CCTV footage. The lawyer may coordinate with law enforcement to ensure that all relevant materials are included in the investigation. Effective evidence collection strengthens the case and ensures that the truth is uncovered during the trial.

4. Representation in Court

Lawyers represent their clients in court throughout the criminal proceedings. For the prosecution (victim’s side), the lawyer presents facts and legal arguments to prove that the accused encouraged or provoked the suicide. For the defense (accused side), the lawyer challenges the prosecution's evidence and raises doubt about the alleged role in abetment. This includes cross-examining witnesses, presenting alternative interpretations of events, and filing necessary motions. Legal representation ensures fair trial procedures and that the rights of both parties are protected.

5. Bail Application and Defense Strategy

If the lawyer is representing the accused, one of the first steps is to apply for bail. The lawyer prepares arguments to show that the accused should be released from custody while awaiting trial. At the same time, the lawyer builds a defense strategy, which may involve proving the absence of intent, the psychological state of the victim, or disputing the cause-and-effect link between the accused’s actions and the suicide. The goal is to either get the charges dropped or reduce the severity of the punishment.

6. Claiming Compensation

For the victim’s family, the lawyer ensures that the court orders compensation as mandated by Section 186 of the Penal Code. This compensation is intended to provide financial support to the victim’s heirs or successors in recovering from the loss. The lawyer submits claims with appropriate documentation to justify the amount and works to ensure full payment is made by the convicted party as directed by the court.

7. Appeal and Post-Trial Services

After the trial concludes, the lawyer may provide post-trial services such as filing an appeal in a higher court if the verdict is unsatisfactory. This could be done to challenge an acquittal, seek higher compensation, or reduce an excessive sentence. Lawyers also offer support in navigating the legal system for sentence implementation and further legal remedies available under the law.

Suicide, while a deeply tragic and complex issue, is not considered a criminal offense under Nepal's current legal framework. The National Penal Code, 2074, adopts a progressive stance by decriminalizing attempted suicide and recognizing it as a mental health concern rather than a criminal act. This shift reflects an understanding of the psychological and social factors that drive individuals toward such actions. However, the law firmly criminalizes the abetment of suicide, acknowledging that external pressure, coercion, or instigation can play a significant role in pushing vulnerable individuals toward taking their own lives. Under Section 185, anyone found guilty of abetting suicide may face imprisonment of up to five years and a fine of up to NPR 50,000. The law also mandates compensation for the victim or their successor and imposes a six-month statute of limitations to file complaints.

Despite these legal safeguards, Nepal continues to struggle with rising suicide rates, particularly among youth, women, and rural populations. The absence of adequate mental health infrastructure and persistent social stigma further worsen the crisis. Addressing this issue requires a comprehensive approach that combines legal protection, mental health awareness, accessible care, and community-based prevention programs. Collaborative efforts between the government, civil society, and health professionals are essential to reduce suicide rates and protect at-risk individuals.