Prosecution Of Violent Crimes During Political Protests
Legal Context in Nepal
Violent acts during political protests are prosecuted under the Muluki Criminal Code, 2074 (2017), which provides the following relevant provisions:
Section 179: Rioting or unlawful assembly
Section 176/177: Homicide, grievous bodily harm
Section 146/147: Assault and use of weapons
Section 154: Misuse or possession of weapons
Section 122/123: Sedition or acts against state authority
Key elements for prosecution:
Participation in a protest or political assembly.
Engagement in violent acts (assault, arson, weapon use, killings).
Evidence of intent or incitement to commit violence.
Witness testimony, forensic evidence, or digital evidence linking accused to the crimes.
Case 1: Tikapur Massacre (Kailali District, 2015)
Facts:
A protest by the Tharu community against the new constitution escalated into violent attacks on police.
Protesters attacked officers with axes, spears, and scythes. Eight people were killed, including seven police officers and one child.
Legal Issues:
Homicide, grievous assault, rioting, and incitement by leaders.
Court Findings & Outcome:
Eleven individuals, including a political leader, were sentenced to life imprisonment for orchestrating the massacre. Others received 6–10 years imprisonment.
Confiscation of weapons used during the attack.
Significance:
Demonstrates that political motive does not shield participants from criminal liability for violence.
Case 2: March 28 Royalist Rally Violence (Kathmandu, 2025)
Facts:
Thousands of pro-monarchy protesters clashed with police, vandalized property, and attempted to breach Parliament.
Two people died and over 100 were injured.
Legal Issues:
Sedition, unlawful assembly, arson, assault on police, and incitement.
Court Findings & Outcome:
Dozens of leaders and organizers were remanded for police custody for investigation.
Charges include incitement, vandalism, arson, and possession of weapons.
Significance:
Highlights accountability of leaders for orchestrating violence during protests.
Case 3: September 2025 Youth Protests (Kathmandu and other cities)
Facts:
Youth-led protests over social media regulation and corruption escalated to looting, arson, and mass release of prisoners.
At least 19 people died and thousands were affected.
Legal Issues:
Rioting, arson, assault on officials, weapons use, destruction of public property.
Court Findings & Outcome:
Multiple arrests of key participants; investigation ongoing.
Emphasis on prosecuting both leaders and active participants in violent acts.
Significance:
Shows challenges in prosecuting mass-scale protests with widespread violence.
Case 4: Arson of Government Buildings (Local District, 2018)
Facts:
During a political protest, demonstrators set fire to district court buildings, government offices, and vehicles.
Legal Issues:
Arson, criminal damage to public property, theft of government files, and participation in illegal assembly.
Court Findings & Outcome:
Perpetrators received 5–10 years imprisonment depending on involvement.
Property and files were destroyed, highlighting severity of attacks on state infrastructure.
Significance:
Attacks on government property are treated with heavy penalties under Nepali law.
Case 5: Death of Police Officer During Protest (Morang District, 2017)
Facts:
Protesters clashed with police; one officer was killed in a stone and weapon attack.
Legal Issues:
Murder, assault with weapons, and participation in a violent protest.
Court Findings & Outcome:
Accused sentenced to life imprisonment for homicide.
Weapons and evidence were confiscated and destroyed.
Significance:
Killing of law enforcement personnel during protests triggers maximum punishment.
Case 6: Illegal Weapons Possession During Protests (Kathmandu, 2019)
Facts:
During a political demonstration, police seized firearms and knives from several protesters.
Legal Issues:
Possession and use of weapons in illegal assembly, assault, and public endangerment.
Court Findings & Outcome:
Accused were charged under Sections 154, 146/147, and 179; weapons were confiscated.
Sentences ranged from 3–8 years depending on involvement and prior record.
Significance:
Illustrates the heightened liability for armed protesters and the importance of weapons evidence in prosecution.
Key Observations
Political motive does not confer immunity from criminal prosecution.
Leadership accountability is crucial; organizers face heavier sentences.
Aggravating factors: killing of police, use of weapons, arson of government buildings, mass-scale destruction.
Evidence requirements: witness testimony, video recordings, forensic analysis, and weapons seized.
Sentencing varies based on role, scale of violence, and whether fatalities occurred.
These six cases illustrate how Nepal prosecutes violent crimes during political protests, balancing freedom of assembly with maintaining public order and punishing serious criminal acts.
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