Introduction
The National Penal (Criminal) Code, 2074 (2017), also known as the Muluki Criminal Code, is the principal legislation that defines criminal offenses and penalties in Nepal. It came into force on August 17, 2018, replacing many outdated and inconsistent provisions of the older Muluki Ain, 2020 B.S. (1963). The Code was enacted to harmonize Nepal’s criminal law with international human rights standards, ensure due process, and promote consistency in sentencing. An Overview of National Criminal Code, 2074 (2017).
The Code is divided into several parts, each addressing specific types of offenses, procedural principles, and penal measures. It consists of 267 Sections grouped into 12 Chapters. This summary presents a detailed yet plain-language overview of each section and category covered by the Code. Medha Law and Partners is a leading corporate law firm in Nepal.
Key Principles and Scope of an overview of National Criminal Code, 2074 (2017)
The Code enshrines core principles such as:
- Presumption of Innocence
- Equality Before Law
- Nullum crimen sine lege (No crime without law)
- Proportionality in Sentencing
- Right to Fair Trial
It applies to all citizens and foreigners who commit crimes within Nepal or whose acts outside Nepal have consequences within Nepal. The Code applies equally to individuals and, in certain cases, to institutions and corporate bodies.
Classification of Offenses
The Penal Code classifies offenses into:
- Summary Offenses: Less serious offenses with simpler and quicker procedures
- Regular Offenses: Require full investigation, charge, and trial
- Serious Offenses: Felonies that attract higher sentences and require comprehensive trial procedures
Offenses are also categorized by type:
- Offenses Against Person
- Offenses Against Property
- Offenses Against Public Justice and State
- Offenses Against Morality and Decency
- Offenses Related to Religion
- Offenses Against Public Health and Safety
Chapters and Offense Categories
1. Offenses Against Individual Rights
These include crimes such as:
- Murder (Section 177)
- Attempt to Murder
- Assault and Battery (Section 183)
- Rape (Section 219)
- Incest and Unnatural Sexual Offenses
- Wrongful confinement or abduction
Penalties vary from short-term imprisonment to life imprisonment, depending on severity.
2. Offenses Against Property
Sections define offenses including:
- Theft (Section 250)
- Robbery (Section 254)
- Arson (Section 278)
- Trespassing (Section 293)
- Forgery and Fraud
Property offenses are punishable by imprisonment, fines, and compensation to victims.
3. Offenses Against Public Peace and State
These include:
- Treason and Sedition
- Obstruction of Justice
- False Allegations (Section 204)
- Disrupting Government Services
- Destruction of Public Property
Offenders may face imprisonment, fines, or both depending on public harm.
4. Offenses Against Morality and Decency
These include:
- Sexual Harassment (Section 222)
- Indecent Behavior in Public
- Pornography Distribution (Section 224)
These offenses aim to protect societal norms and public behavior standards.
5. Offenses Related to Religion
Criminalizes:
- Insult to Religion or Belief
- Hurting Religious Sentiments (Section 156)
- Forcing Religious Conversion (Section 158)
These are punished with imprisonment and fines.
6. Offenses Against Public Health and Environment
Criminalizes:
- Adulteration of Food or Medicine (Section 275)
- Environmental Pollution
- Unsafe Disposal of Waste
Focuses on public safety and consumer protection.
Criminal Liability and Mens Rea
The Penal Code outlines conditions for criminal liability:
- Actus Reus (Guilty Act) and Mens Rea (Guilty Mind) must both be present
- Strict Liability applies in exceptional cases (e.g., food adulteration)
- Corporate Liability is recognized for offenses committed by institutions
Children under 10 are not criminally liable; those aged 10–14 have reduced liability under Section 13.
Defenses and Exceptions
Recognized defenses include:
- Insanity or Mental Incapacity
- Duress or Necessity
- Self-defense (Section 15)
- Consent of Victim (not applicable in serious crimes)
Courts evaluate these on a case-by-case basis.
Punishments and Sentencing
Types of punishment:
- Imprisonment (short-term to life)
- Fines
- Confiscation of property
- Community Service
- Reparations or Compensation to Victims
The Code emphasizes proportionality and allows mitigating or aggravating factors.
Procedural Coordination with Criminal Procedure Code
While the Penal Code defines offenses, the National Criminal Procedure Code, 2074 governs investigation, arrest, bail, trial, and appeal. Together, they ensure due process and fair trial rights.
Human Rights and Penal Protections
The Code integrates several international human rights principles:
- Prohibition of Torture (Section 167)
- Prohibition of Discrimination
- Protection of Children, Women, and Marginalized Groups
- Presumption of Innocence and Right to Silence
These provisions reflect Nepal’s obligations under the ICCPR, CEDAW, CRC, and other conventions.
Amendments and Legal Developments
The Code has undergone minor amendments through subsequent Finance Acts and Court decisions. Legal scholars have suggested reforms related to:
- Clarifying language on rape and consent
- Enhancing protection for cybercrime victims
- Introducing alternative sentencing models
Implementation Challenges
Despite its comprehensive nature, implementation faces obstacles:
- Lack of legal awareness among citizens
- Inadequate training for law enforcement
- Backlog of criminal cases
- Inconsistent judicial interpretation
Efforts are underway through legal education and institutional reform.
Conclusion
The National Penal Code, 2074 is a modern legal instrument that codifies Nepal’s criminal law in a unified and accessible manner. It reflects both domestic values and international standards. However, effective enforcement remains key to achieving justice.