National Penal (Code) Act, 2074 (2017)

This Act is called the National Penal (Code) Act, 2074. It applies to offences committed in Nepal and to certain offences committed by Nepali citizens abroad.

No person may be punished for an act that was not an offence under the law at the time it was done. A punishment heavier than the one prescribed at the time of the act may not be imposed.

An act is an offence only where it was done knowingly or with intention, unless the law expressly provides otherwise. Accidental acts done without negligence do not attract criminal liability.

A person may use reasonable force to protect their own body or property, or that of another, against an unlawful attack. Force used must not exceed what is necessary to repel the threat.

A person who intentionally causes the death of another commits murder and is liable to life imprisonment. Death caused by a rash or negligent act is punished less severely.

A person who intentionally causes bodily hurt to another is liable to imprisonment or a fine according to the seriousness of the injury. Grievous hurt attracts a higher penalty.

A person who restrains another person against their will without lawful authority commits wrongful confinement. The punishment increases where the confinement lasts more than three days.

A person who dishonestly takes movable property belonging to another without consent commits theft. The punishment depends on the value of the property taken.

A person who deceives another and thereby induces them to deliver property or to act to their detriment commits fraud. Fraud committed through electronic means is punished in the same manner.

A person entrusted with property who dishonestly uses or disposes of it for their own benefit commits criminal breach of trust. Higher penalties apply to public servants, bankers and agents.

Making a false document with intent to cause harm or to gain an advantage is forgery. Using a document known to be forged is punished as if the user had made it.

Punishments under this Code are imprisonment, fine, community service and compensation to the victim. The court may combine these where the law allows.

In fixing a sentence the court considers the gravity of the offence, the offender's past record, any remorse shown and the harm caused to the victim. First-time offenders may receive a reduced sentence.

The court may order the offender to pay reasonable compensation to the victim for injury, loss or damage. This order is in addition to any other punishment.