Victim Protection Act 2075 Nepal (2026): Compensation Guide

The Victim Protection Act 2075 (2018) is Nepal's first comprehensive statute dedicated to protecting victims and witnesses across the criminal-justice system. Before this Act, victim protection was a patchwork of provisions scattered across the National Penal Code 2074, the National Criminal Procedure Code 2074, the Domestic Violence Act, the Human Trafficking and Transportation Act, and the now-repealed Some Public (Crime and Punishment) Act. The Victim Protection Act gathered these threads into a single integrated framework: a defined catalogue of victims and witnesses entitled to protection; statutory rights of identity anonymisation; in-camera proceedings as a default in sensitive cases; a Victim Compensation Fund administered by the Government; and a structured procedure to claim compensation for medical expenses, funeral expenses, loss of earnings and dignity-related harm.

This 2026 (2083 BS) practitioner's guide covers the operation of the Victim Protection Act 2075: who qualifies as a victim or witness; what protection rights are guaranteed; how the Victim Compensation Fund works in practice; the documents and procedure to file a compensation claim; the timelines and ceiling amounts; witness protection programmes including identity change and relocation; the in-camera proceedings option; rehabilitation and counselling support; and how the Act interacts with parallel remedies under Article 21 of the Constitution and the National Criminal Procedure Code 2074.

Alpine Law Associates — Nepal Bar Council-registered criminal-law team handling victim-side representation, compensation claims under the Victim Protection Act 2075, witness-protection applications and parallel constitutional remedies under Article 21.

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What is the Victim Protection Act 2075?

The Victim Protection Act 2075 (2018) is the dedicated statute enacted by the Federal Parliament of Nepal to provide a comprehensive legal framework for the protection, support and compensation of victims of crime and witnesses in criminal proceedings. It operationalises the victim-of-crime rights guaranteed by Article 21 of the Constitution of Nepal 2072, which recognises that victims of crime have the right to be informed of investigation and proceedings, the right to social rehabilitation and compensation, and the right to justice on equal terms with the State and the accused.

The Act is a watershed in Nepali criminal justice. Before 2075 BS, victim rights existed in fragmented form — domestic violence had a dedicated statute, sexual offences had procedural protections under the Criminal Procedure Code, trafficking had compensation provisions under the Trafficking Act — but there was no unified scheme for general crime victims, no integrated compensation fund, and no statutory witness-protection programme. The Act consolidates these and adds the missing pieces.

Who qualifies as a victim under the Act?

The Act defines "victim" broadly to capture every person who has suffered physical, mental, emotional, sexual, social or economic harm as a result of a criminal offence. The definition extends to legal heirs of a deceased victim — the surviving spouse, children and dependent parents can step into the victim's shoes for the purpose of compensation and information rights. It also extends to persons who have suffered harm in the course of preventing a crime or assisting victims, recognising the contribution of Good Samaritans and bystanders.

Particular categories receive enhanced protections under the Act: victims of sexual offences (rape, sexual assault, sexual harassment under our sexual harassment law in Nepal framework); victims of human trafficking under the Human Trafficking and Transportation Act and our trafficking law guide; victims of domestic violence under the framework explained in our domestic violence guide; victims of terrorism and organised crime; child victims and witnesses; and victims with disabilities. For these categories, the Act adds extra procedural safeguards including mandatory in-camera proceedings, prohibition of disclosure of identity, and access to specialised counselling.

Identity protection — anonymisation and codename use

Identity protection is the cornerstone of the Act for sensitive cases. The victim's name, address, photograph, family details and any information that could identify the victim are prohibited from disclosure in court records open to the public, in judgments published in the law reports, and in media reporting on the case. The court assigns a codename or initials to the victim, and all references in pleadings, orders and the final judgment use the codename. Media that publish identifying details face contempt-of-court sanctions and prosecution under the Act.

The identity-protection regime extends to court records. Sealed records are maintained by the court registry; only the parties, their counsel and the court have access. Where appellate proceedings or higher-court review are filed, the protection continues — the appellate court is bound to maintain the codename and the sealed-records regime. The Supreme Court has, in publication of its judgments, redacted identifying details of victims in sexual offence and trafficking cases consistently since the Act came into force.

In-camera proceedings — closed hearings for sensitive cases

In-camera proceedings are court hearings closed to the public and media. The Act authorises the court to order in-camera proceedings in cases involving sexual offences, trafficking, domestic violence, child victims, and cases where open hearing would prejudice victim safety, witness safety, or the dignity of the victim. The order may be passed at the prosecution's request, the victim's application, or the court's own motion.

During in-camera proceedings, only the parties, their counsel, the court personnel, and necessary support persons (interpreter, victim-support counsellor, child guardian) are present. Recording of the proceedings is restricted; transcripts are filed under seal. The accused's right to a fair trial is not extinguished — the accused remains present and represented by counsel, and the right to cross-examine witnesses is preserved, though it may be conducted through screens or video-link to protect the victim from face-to-face confrontation in sexual offence and trafficking cases.

The Victim Compensation Fund

The Victim Compensation Fund is the statutory mechanism for monetary relief. It is funded by allocation from the Government of Nepal under the annual budget, by fines and forfeitures collected in criminal cases, by recoveries from convicted accused, and by donations. The Fund is administered by the Government through a designated authority — typically the Ministry of Law, Justice and Parliamentary Affairs or a body constituted under the Act — and disburses compensation to verified claimants.

Compensation under the Fund covers four categories: medical expenses (hospitalisation, surgery, ongoing treatment, prosthetics), funeral expenses in death cases, loss of earnings (where the victim is incapacitated from work for a period), and dignity-related harm (for sexual offences, trafficking and torture cases where the victim has suffered psychological and reputational injury beyond physical harm). The court hearing the criminal case may order compensation from the Fund at the sentencing stage, or the victim may file a standalone application before the designated authority.

Claiming compensation — procedure and timelines

A claim for compensation is initiated by application in the prescribed form, supported by documents establishing victim status (FIR, charge sheet, medical reports, death certificate), the heads of compensation claimed (medical bills, funeral receipts, income proof, expert testimony on disability), and the bank details for disbursement. The application is filed before the designated authority constituted under the Act or, in cases where the criminal court is seized, may be made as part of the sentencing submissions.

The authority reviews the application, may direct verification of documents, and passes an order quantifying the compensation. Disbursement follows from the Fund. Where the convicted accused has the means, the Court may direct recovery of part or all of the compensation from the accused as a sentence component — this is in addition to, not in substitution of, the Fund payment. The two-tier structure ensures that the victim receives compensation immediately from the Fund while the State pursues the convicted accused for cost-recovery in the background.

Witness protection programmes

The Witness Protection Programme under the Act is designed for witnesses whose testimony in serious cases — trafficking, organised crime, terrorism, political violence — places them at credible risk of harm. The programme operates on a graduated scale, calibrated to the level of risk. At the basic level, the witness's address and contact details are kept confidential and disclosed only on a need-to-know basis. At a higher level, the witness is given physical security cover by the police during the trial period, including escort to and from court. At the highest level, the witness may be relocated to a new place of residence, given a new identity, and provided with ongoing security and financial support until the risk subsides.

Application for witness protection is made by the prosecution or the witness through the prosecutor, supported by a threat assessment by the police. The court reviews the assessment and orders the appropriate level of protection. The Programme is administered by the Government through a dedicated cell, typically attached to the Office of the Attorney General. The identities of protected witnesses are not disclosed in court records, and the prosecution may apply for testimony to be given by video-link from a secure location to protect the witness from in-court exposure.

Counselling, rehabilitation and reintegration

Beyond monetary compensation and physical protection, the Act recognises the long-term needs of victims for psychological and social rehabilitation. The Act establishes a framework under which the Government engages approved service-providers — non-governmental organisations, hospitals, counselling centres, vocational training institutes — to provide victim-support services. The services include trauma counselling, psychiatric care for severe cases, family counselling where the offence has disrupted family relationships, vocational training to restore economic independence, and legal aid for ongoing proceedings.

For victims of sexual offences, trafficking and domestic violence, specialised shelter homes provide safe accommodation pending the trial and beyond. The shelter homes are operated by approved organisations under Government oversight, with confidentiality protocols and trained staff. Children who are victims or witnesses are provided with child-friendly procedures including interview rooms designed for children, child-specialist counsellors, and adapted testimony procedures (recorded testimony, support person presence).

Right to information and right to be heard

Article 21 of the Constitution and the Victim Protection Act 2075 together establish the victim's right to be informed of the case and to be heard. The victim is entitled to a copy of the FIR on filing, regular updates on the progress of investigation, notice of the filing of the charge sheet, notice of bail applications and their disposal, notice of trial dates, copies of pleadings and orders, and notice of any appeal or revision filed by the accused. The Public Prosecutor is obliged to keep the victim informed and to consider the victim's views on bail and sentencing.

At the sentencing stage, the victim has the right to file a victim-impact statement describing the harm suffered — physical, psychological, financial, social — and to be heard either in person or through counsel before the court passes sentence. The court is required to consider the victim-impact statement in arriving at the sentence; while the sentence is ultimately a judicial determination, the victim's voice is heard and recorded.

Interaction with the Criminal Procedure Code 2074 and other statutes

The Victim Protection Act 2075 operates alongside the National Criminal Procedure Code 2074. The Criminal Procedure Code carries victim-related provisions including the right to receive copies of pleadings, the right to participate in the trial through victim-counsel, and the right to appeal in certain circumstances. Where there is overlap, the Victim Protection Act prevails as the specialised statute. For sexual-offence cases the Sexual Offence chapter of the National Penal Code 2074 adds further protections; for trafficking the Human Trafficking and Transportation Act adds dedicated compensation provisions on top of the Fund.

The Domestic Violence Act 2066 operates as a parallel statute for domestic-violence cases — the victim can claim compensation under both that Act (through the rapid civil procedure under the Domestic Violence Act) and under the Victim Protection Act (through the criminal-case route or standalone Fund application). The two are not mutually exclusive, but the courts ensure that there is no double-recovery for the same head of loss.

How can Alpine Law Associates help victims under the Act?

Alpine Law Associates runs a dedicated victim-side practice for clients seeking redress and compensation under the Victim Protection Act 2075. We advise victims at the FIR stage on the rights available, file applications for in-camera proceedings and identity protection where appropriate, coordinate medical and psychological documentation for compensation claims, and represent the victim throughout the criminal proceedings to ensure that victim rights — information, participation, victim-impact statement, witness protection — are honoured by the prosecution and the court.

For witnesses at risk, we run the witness-protection application before the court, coordinate with the prosecutor on threat assessment, and seek appropriate protective measures. For compensation, we file structured claims before the designated authority with full medical, income and dignity-harm documentation, supported by expert reports where the harm is severe and ongoing. As a full-service law firm in Nepal, we coordinate victim-side criminal-law work with related torture-law, fundamental-rights and civil-tort engagements in a single counsel relationship.

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Last reviewed: April 2026