Legal Victory Associates is a Nepali law firm founded in 2024. We offer a wide range of legal services, including corporate law, civil law and commercial law.
Legal Victory Associates is a Nepali law firm founded in 2024. We offer a wide range of legal services, including corporate law, civil law and commercial law.
Criminal law defines actions that are considered offenses against the state or society, and it prescribes punishments for those offenses. It ensures public safety, social order, and justice by holding individuals accountable for harmful acts.
In Nepal, criminal law is primarily governed by the National Criminal (Code) Act, 2017 (2074 B.S.) and the Criminal Procedure (Code) Act, 2017.
The law classifies crimes into different categories. Here are some major areas:
These are offenses that directly harm a person:
These involve unlawful interference with another person’s property:
These offenses affect the stability and peace of the country:
The foundational principles of criminal law in Nepal are outlined in Chapter 2 of the National Penal Code Act, 2017. Spanning Sections 6 to 32, these provisions establish the core legal doctrines for defining criminal offenses, determining liability, and ensuring procedural fairness. They reflect the values of justice, legality, and human dignity in Nepal’s criminal justice system.
Any act that is either mandated by law or permitted by law does not constitute a crime under the Penal Code.
No person shall be punished for an act unless it is explicitly prohibited by law. The punishment cannot exceed what is prescribed by the Penal Code or applicable criminal statutes.
An act committed under a genuine mistake of fact, and in good faith, is not considered a criminal offense. However, ignorance of the law does not excuse criminal liability.
A person cannot be tried or punished more than once for the same offense.
Every accused individual is entitled to a fair and impartial hearing by a competent court in accordance with legal procedures.
An accused individual cannot be compelled to testify against themselves during a criminal proceeding.
An individual accused of a crime is presumed innocent until proven guilty by a court of law.
Children under the age of ten are not held criminally responsible for their actions.
Acts committed by individuals who are incapable of understanding their actions due to mental illness are not considered criminal offenses.
If an adult (18+) voluntarily consents to an act that may cause harm (excluding death or serious injury), the act is not an offense.
An act done in good faith, for another’s benefit, and with that person’s consent is not criminal.
Acts performed in good faith, for the benefit of a person under 18 or of unsound mind, and with guardian consent, are not considered crimes — provided they do not result in death or serious injury.
When immediate action is required to protect someone’s well-being, and consent cannot be obtained in time, such an act is not criminal if done in good faith and with due care.
Even if consent exists, an act can still be an offense if it is explicitly criminal under another provision of the law.
Consent must be freely given through words, gestures, or conduct. Consent is invalid if:
Obtained under fear, threat, or mistake of fact
Given by a person under 18 or mentally unfit
Coerced or given under undue influence
If harm results from a communication made honestly and with good intentions, it is not considered an offense.
If an act is done under threat of death or serious harm, it may not be criminal — except in grave cases like murder, rape, or crimes against the state.
If someone commits an act to prevent greater harm, even if it causes some injury, it is not treated as an offense if done in good faith.
Acts done to defend one’s life, body, or property, or that of another, against illegal threats or attacks are not criminal.
The right to private defense cannot be exercised:
If there is enough time to get help from authorities
If the defender provoked the threat
If a public servant is acting legally in good faith
If someone is acting under the lawful direction of a public servant
Deadly force is not allowed in self-defense unless:
There’s a reasonable belief of life-threatening assault
It is to prevent rape, kidnapping, or grievous harm
It defends against acts like arson, armed robbery, or use of explosives
A security official must act immediately to protect life/property
Acts that cause minor harm, which a reasonable person would not complain about, are not punishable offenses.
If a child commits a crime under the manipulation or influence of an adult, the adult will be held criminally liable as if they committed the offense.
In strict liability crimes, criminal intent does not need to be proven. The act itself is sufficient for liability.
If a company or organization commits a crime, the person directly responsible is held liable. If the individual cannot be identified, the owner, partner, or director is held accountable.
If a crime is committed by a group, every member involved can be held equally responsible for the offense.
Crime victims have the right to be informed about legal proceedings and are entitled to compensation for harm suffered.