Criminal procedure in Nepal: from complaint to charge sheet

The legal framework#

Criminal law in Nepal is spread across several instruments. The National Penal Code, 2017 creates offences and prescribes punishments. The National Criminal Procedure Code, 2017 governs investigation, arrest, detention, charge and trial. The Criminal Offences (Sentencing and Execution) Act, 2017 deals with sentencing and execution. The Constitution supplies the minimum rights that apply throughout.

The Evidence Act, 2031 and the general principles of evidence also matter. Special statutes create separate offences and procedures for areas such as corruption, revenue, foreign employment, terrorism, trafficking and cybercrime. Always identify the statute that creates the offence before describing the procedure.

The complaint and the investigation#

A criminal process usually begins with a complaint (जाहेरी) to the police, or with information received by the police. The complainant should give a clear account of what happened, when, where, who was involved and what evidence exists.

After registering the complaint, the police investigate. Investigation can include:

• Recording statements and collecting documents.
• Visiting the scene and preparing a site inspection or sketch.
• Collecting physical and electronic evidence.
• Referring a victim for a medical examination where relevant.
• Arresting a suspect where the law permits.
• Seeking expert opinion, including forensic or accounting analysis.

The police do not decide guilt. Their function is to investigate and, where the evidence supports it, send a report to the District Attorney. The decision to prosecute is a separate legal judgment.

If the police refuse to register a complaint, the law provides routes for challenging that decision, including a complaint to higher police authorities or the District Attorney in the circumstances the Code allows. Record the date, the officer and the reason given. A written record is often the difference between a remedy and a dead end.

Arrest and the 24-hour rule#

An arrest is a deprivation of liberty, not a punishment. The Constitution and the Criminal Procedure Code set limits on when and how a person may be arrested.

The core constitutional safeguards include:

Remand, bail and detention#

After production, the court decides whether the person should be released, released on bail or security, or detained during the investigation or trial. The decision depends on the offence, the evidence, the risk of flight, the risk of tampering and the person’s circumstances.

The Nepali terms students meet here are:

• तारेख (tarekh): release on a promise to appear on the date ordered.
• धरौटी (dharauti): release on security or a deposit.
• थुनुवा (thunuwa): detention in custody.

Bail is not a favour, and detention is not automatic. The court must give reasons. If a person is detained, the lawyer should ask for the detention order, the investigating officer’s report and the next review date.

Juveniles, persons with disabilities, pregnant women and other vulnerable persons may have special protections. The Children’s Act and the rules made under it are particularly important where the accused is a child.

The charge sheet#

When the investigation is complete, the police submit a report to the District Attorney. If the District Attorney decides that the evidence supports a prosecution, a charge sheet (अभियोग पत्र) is filed in the competent court.

A charge sheet should identify the accused, the offence, the facts, the evidence and the legal provisions relied on. It is the prosecution’s case in written form. The accused is entitled to know the accusation and to prepare a defence.

A charge sheet does not mean the accused is guilty. It means the prosecution believes there is enough evidence to put the case before a court. The court must still conduct a trial and decide whether the offence is proved beyond reasonable doubt.

If the District Attorney decides not to prosecute, the complainant may have a statutory route to challenge that decision. The exact remedy and time limit depend on the Code and the nature of the case.

Trial and proof#

At trial, the court reads the charge to the accused, records the plea and proceeds to evidence. The prosecution presents its evidence first. The accused can cross-examine prosecution witnesses and then present a defence.

The standard is beyond reasonable doubt. The prosecution must prove every essential element of the offence. A suspicion, however strong, is not enough. The benefit of doubt goes to the accused.

The defence may:

• Challenge the credibility of prosecution witnesses.
• Show gaps or contradictions in the investigation.
• Produce documents or witnesses that support the defence version.
• Argue that the facts do not satisfy a legal element of the offence.
• Raise a statutory defence or an alibi, with evidence.

The victim is not a spectator. The Constitution recognises the rights of crime victims, including compensation, rehabilitation and justice. Victim participation and compensation depend on the procedure and the statute.

Judgment and appeal#

After the evidence and final submissions, the court gives judgment. It may convict, acquit, or dispose of the case in another manner allowed by law. The judgment should address the charge, the evidence and the reasons.

Appeal routes depend on the court and the offence. For ordinary cases, the first appeal usually goes from the District Court to the High Court, and further to the Supreme Court where the law allows. Special statutes may provide otherwise.

Before appealing, check:

• Whether the judgment is appealable.
• The correct appellate court.
• The limitation period and the date it begins.
• Whether a certified copy, court fee or deposit is required.
• Whether the appeal challenges conviction, sentence or both.
• Whether a review or revision is more appropriate than an appeal.

A sentence appeal and a conviction appeal are different arguments. Saying “the sentence is harsh” does not answer a challenge to the conviction. Separate the two.

Practical checklist for a case file#