Introduction to Criminal Cases in Nepal
Criminal cases in Nepal are governed primarily by the National Criminal Procedure Code, 2074 (2017) and the Muluki Criminal Code, 2074 (2017). These laws define criminal acts, categorize offenses, and establish procedures for investigation and prosecution. Criminal offenses in Nepal range from theft, assault, and fraud to serious crimes like homicide and corruption.Criminal Lawyer in Nepal | Medha Law and Partners. The criminal justice system is primarily adversarial and aims to ensure public order, deterrence of crimes, and justice for victims.
Criminal cases are initiated either by an individual filing a complaint or by police investigation. The state, represented by the District Government Attorney, prosecutes such cases. The burden of proof lies with the prosecution. Courts follow strict evidentiary rules, and the accused is presumed innocent until proven guilty beyond reasonable doubt. Medha Law and Partners Is a leading Law firm in Nepal.
What Constitutes a Criminal Offense
A criminal offense is any act or omission prohibited by law and punishable by the state. The National Penal Code, 2074 (2017) lists various crimes including:
- Crimes against persons (e.g., murder, rape, assault)
- Crimes against property (e.g., theft, arson, fraud)
- Offenses against public security (e.g., rioting, illegal possession of arms)
- Offenses related to corruption and abuse of authority
Criminal offenses are categorized into summary, semi-complex, and complex cases depending on the severity, complexity, and penalty associated. For example, a minor theft may be treated summarily, whereas a rape case would be classified as a complex criminal offense.
Where to File a Criminal Complaint
Criminal complaints in Nepal can be filed at the local police station or directly with the District Government Attorney Office or District Court, depending on the nature of the offense. For regular offenses:
- Police Station: Initial complaints can be registered through the duty officer or via a First Information Report (FIR).
- District Government Attorney Office: For cases requiring direct legal scrutiny or when police fail to act.
- District Court: In cases where private prosecution is permitted or necessary.
Some complaints can also be filed through the Online Crime Reporting System of Nepal Police (https://cid.nepalpolice.gov.np).
Legal Requirements Before Filing a Case
Before filing a criminal case, the following legal requirements must be fulfilled:
- The offense must be clearly defined under Nepalese law.
- The complaint must be filed within the prescribed statute of limitations (as per the nature of the offense).
- The person filing must have locus standi (legal standing).
- The FIR must include a detailed description of the offense, evidence, and alleged perpetrator.
Some criminal complaints require prior attempt at mediation or registration with National Human Rights Commission, depending on the case type.
Step-by-Step Case Filing Procedure
- Lodge FIR at local police station.
- Police Registration and generation of FIR number.
- Preliminary Investigation by police including statement collection.
- Submission to District Government Attorney for prosecution decision.
- Filing of Case in District Court with charge sheet (Abhibog Patra).
- Court Hearings and Trial Process begins.
- Final Judgment and sentencing if the accused is found guilty.
Documents Required for Filing the Case
- Application or complaint letter
- Citizenship certificate copy of complainant
- Proof of identity of accused (if available)
- Medical reports (if injury or abuse is involved)
- Property records or valuation reports (for property-related offenses)
- Witness details and affidavits
- Audio-visual or digital evidence (if available)
Timeframe for Processing the Case
The criminal case process varies depending on the complexity:
- Summary cases: Concluded within 3–6 months
- Semi-complex cases: May take up to 1 year
- Complex cases: Can extend beyond 2 years
The police investigation typically takes 25 to 60 days. Trials may experience delays due to case backlog or evidentiary issues. Appeals can further extend case duration.
Government Fees and Legal Costs
Filing a criminal case does not usually involve government fees. However, the following costs may arise:
- Legal representation fees: NPR 10,000 – NPR 100,000 depending on case complexity
- Documentation and notarization charges: NPR 500 – NPR 5,000
- Expert witness or evidence production cost
Some victims may be eligible for free legal aid under the Legal Aid Act, 2054 (1997).
Role of Police and Public Prosecutors
The Nepal Police are responsible for registering FIRs, conducting preliminary investigations, collecting evidence, and arresting suspects. The District Government Attorney (Sarwajanik Abiyojak) then decides whether to prosecute based on the evidence.
Public prosecutors draft and file the charge sheet, represent the state in court, and guide investigations where necessary. They ensure adherence to legal standards during trial.
Laws Applicable to Criminal Filing
- Muluki Criminal Code, 2074 (2017)
- National Criminal Procedure Code, 2074 (2017)
- Evidence Act, 2031 (1974)
- Police Act, 2071 (2014)
- Legal Aid Act, 2054 (1997)
- Prevention of Corruption Act, 2059 (2002) (for corruption cases)
These laws detail criminal behavior, court procedures, admissible evidence, and rights of both accused and victims.
Checklist Before Filing a Complaint
- Determine whether the act is criminal by law
- Identify offender(s) with basic details
- Collect available evidence
- Draft a clear and factual complaint
- Be mindful of statutory limitation periods
- Decide where to file: police or court
- Consult a lawyer if needed
Rights of the Accused and Complainant
Accused:
- Presumed innocent until proven guilty
- Right to legal representation
- Right to silence
- Right to be informed of charges
- Right to appeal
Complainant:
- Right to register complaint
- Right to be informed of case progress
- Right to protection (in specific cases)
- Right to legal aid (if eligible)
- Right to file appeal in higher courts
Legal Services Available for Victims
Victims may access the following support services:
- Legal Aid from Legal Aid Committees
- Victim Protection Program under the Attorney General’s Office
- Medical and Counseling Support through NGOs or National Women Commission
- Free Legal Clinics organized by Bar Associations
The Legal Aid Act, 2054 (1997) allows indigent victims to receive state-funded legal services.
Appeal and Review Options Available
A convicted or dissatisfied party can file:
- Appeal to High Court within 35 days of District Court decision
- Second Appeal to Supreme Court (if allowed by law)
- Review Petition in Supreme Court under limited grounds
The National Criminal Procedure Code, 2074 outlines these appellate procedures.
Authorities Involved in Case Processing
- Nepal Police: Investigation
- District Government Attorney: Prosecution
- District Court: First-level trial
- High Court: Appeal court
- Supreme Court: Final appellate and constitutional review
Other bodies include Attorney General’s Office, National Human Rights Commission, and National Judicial Council for ethical oversight.
FAQs
How do I file a criminal case? You can file a criminal case by submitting a First Information Report (FIR) at the nearest police station or District Government Attorney’s Office with relevant facts and evidence.
Where can I submit a complaint? You can submit it at a local police station, District Government Attorney Office, or directly to the District Court depending on the case type.
What is the required paperwork? You will need a written complaint, identity documents, any evidence, witness details, and medical/legal reports depending on the case type.
How long does the process take? Processing times vary from a few months to several years depending on case complexity, evidence, and appeals.
What are the government fees? There are no mandatory government filing fees, but you may incur lawyer fees, notarization, and expert charges.
Do I need a lawyer to file? It is not mandatory but highly recommended, especially for complex or serious offenses. Free legal aid is also available.
Can I file online or offline? Criminal complaints can be filed offline at police stations or online via Nepal Police’s crime reporting portal.
What happens after I file? Police investigate, collect evidence, and forward the case to the District Government Attorney, who may then file it in court.
Can I withdraw a complaint? Some complaints may be withdrawn with court permission, but not all criminal cases are compoundable.
Is my identity kept confidential? In sensitive cases such as sexual violence, identity of the complainant is protected under Nepalese law.