Criminal Procedure Code at Nepal
Nepal's criminal procedure is governed by the National Criminal Procedure (Code) Act, 2017 (Nepal Act No. 12 of 2017), which came into force on March 13, 2018. This comprehensive legislation modernizes the criminal justice system by introducing an adversarial trial process, enhancing procedural safeguards, and ensuring greater transparency and accountability in criminal proceedings.
📘 Key Features of the National Criminal Procedure (Code) Act, 2017
1. Adversarial Trial System
The Act establishes an adversarial system of justice, replacing the inquisitorial system previously in place. This shift ensures that both the prosecution and defense have equal opportunities to present their cases, with the judge acting as an impartial arbiter.
2. Rights of the Accused
The Code guarantees fundamental rights to individuals accused of crimes, including:
Right to Legal Representation: Accused persons have the right to be represented by a lawyer of their choice.
Right to a Fair Trial: Ensures that trials are conducted impartially and without undue delay.
Right to Remain Silent: Accused individuals are not compelled to testify against themselves.
Protection from Arbitrary Detention: Safeguards against unlawful arrest and detention.
3. Investigation and Prosecution
First Information Report (FIR): Individuals aware of the commission of a cognizable offense are required to report it to the nearest police station.
Investigation: Police are mandated to investigate offenses promptly and impartially.
Charge Sheet: Upon completion of the investigation, the police submit a charge sheet to the concerned court.
4. Court Procedures
Jurisdiction: Cases are tried in courts having jurisdiction over the area where the offense was committed.
Trial Process: The trial includes the presentation of evidence, examination of witnesses, and final arguments by both parties.
Judgment: The court delivers a reasoned judgment based on the evidence presented.
5. Appeals and Revisions
The Code provides mechanisms for appealing judgments and orders to higher courts, ensuring that errors can be rectified and justice is served.
🛠️ Recent Amendments
In March 2023, the government decided to amend the National Criminal Procedure (Code) Act, 2017, to criminalize loan sharking. This amendment aims to address the issue of illegal money lending practices and provide legal recourse for victims of such activities. Currently, loan sharking is categorized as a civil offense, but the proposed amendment seeks to bring it under the purview of criminal law, enabling authorities to take more stringent actions against perpetrators.
📄 Accessing the Full Text
The full text of the National Criminal Procedure (Code) Act, 2017 is available through various legal resources and government publications. For an English translation and detailed analysis, you may refer to the following resource:
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