National Penal (Code) Act 2074 (Muluki Aparadh Samhita): Offences and Punishments Reference

The National Penal (Code) Act, 2017 — known in Nepali as the Muluki Aparadh Samhita, 2074 — is Nepal's principal codified criminal law. It was authenticated on 16 October 2017 and, under Section 1(2), came into force on 17 August 2018 (1 Bhadra 2075 in the Bikram Sambat calendar). It replaced the offence and penalty provisions of the old Muluki Ain (Country/National Code) of 1910 B.S./1853, as later amended, which had governed Nepal for over a century.

The Act consolidates and modernises the substantive criminal law: it defines what conduct is a crime and fixes the punishment for each offence. Its preamble states that it aims to maintain law and order, uphold public morality and economic interest, and prevent and control criminal offences. Procedure (how a case is investigated and tried) and sentencing administration are handled by two companion statutes enacted at the same time — the National Criminal Procedure (Code) Act, 2074 and the Criminal Offences (Sentencing and Execution) Act, 2074.

The Code is organised into three Parts and runs to 308 sections. Part 1 (Chapters 1-5) contains general provisions — definitions, jurisdiction, the principles of criminal liability (attempt, abetment, conspiracy, accomplices), aggravating and mitigating factors, and the rules on punishment. Part 2 sets out the bulk of the substantive offences across 27 chapters, grouped by subject (offences against the state, public order, public health, human body, women and children, property, and so on). Part 3 covers offences against individual privacy and prestige, including the chapters on privacy and on defamation.

Because each offence is stated with its own prohibition and its own penalty band, the Code functions as a per-offence reference: a reader can locate the defining section for a crime and read the prescribed imprisonment term, fine or other punishment directly beneath it. Where an offence specifies its own punishment, that special provision governs; the general sentencing rules in Part 1 apply where a special rule is absent.

Section 40 of the Code lists the types of punishment available for offences under the Act. There are seven: (a) imprisonment for life; (b) imprisonment; (c) fine; (d) imprisonment and fine; (e) compensation; (f) imprisonment for failure to pay a fine or compensation; and (g) community service in lieu of imprisonment. Section 40(2) abolishes confiscation of property as a sentence for offences after the Code's commencement, and Section 40(3) bars any fine of less than one rupee or any imprisonment of less than one day. (Section 39, by contrast, does not list punishments — it sets out factors that mitigate the gravity of an offence, such as the offender being under eighteen or over seventy-five, lack of intention, provocation, voluntary confession or surrender.)

Under Section 42, a sentence of 'imprisonment for life' is computed so that its term is twenty-five years. The single exception is Section 41, which prescribes imprisonment for the offender's whole natural life for the gravest murders — murder committed with cruelty, torture or inhuman conduct; murder by hijacking or exploding an aircraft; murder by kidnapping or hostage-taking; murder by poisoning publicly consumed food or drink; genocide; and murder accompanied by rape. Nepal has abolished the death penalty, which is barred by the Constitution, so life imprisonment is the most severe sentence available.

Homicide is covered in the chapter on offences relating to the human body. Section 177 makes intentional killing (murder) an offence punishable by imprisonment for life; Section 178 punishes causing death by an act done with knowledge that it is likely to cause death, also with imprisonment for life. Section 179 reduces liability to 10-15 years' imprisonment and a fine of NPR 100,000-150,000 for death caused by grave and sudden provocation, exceeding private defence, or in a sudden quarrel. Causing death by recklessness (Section 181) carries 3-10 years; causing death by negligence (Section 182) carries up to 3 years; and attempted murder (Section 183) carries up to 10 years.

Bodily injury is graded. Causing 'hurt' (Section 191) — bodily pain, transmission of disease or infirmity — is punishable by up to 3 years' imprisonment or a fine up to NPR 30,000 or both. 'Grievous hurt' (Section 192) — such as blinding, deafening, loss of speech, emasculation, or breaking a limb or backbone — is punishable by up to 10 years' imprisonment and a fine up to NPR 100,000. Rape (Section 219) is defined as sexual intercourse without consent, or with a girl below eighteen even with consent, with punishment graded by the victim's age; the section was strengthened by amendment, and intercourse with a girl below ten now carries the highest term, while marital rape during a subsisting marriage is punishable by imprisonment of up to five years.

Theft (Section 241) is dishonestly taking or moving another's property without consent and with intent to own, use or enjoy it. Ordinary theft is punishable by up to 3 years' imprisonment and a fine up to NPR 30,000 (Section 242(2)), while aggravated theft — for example theft of government, public or religious property, theft by drugging the victim, or theft during a disaster — carries 2-7 years and a fine of NPR 20,000-70,000 (Section 242(1)). Burglary by breaking into a house (Nakabajani, Section 243) carries 3-5 years and a fine of NPR 30,000-50,000.

Robbery (Section 244) is theft accompanied by causing or threatening death, hurt, restraint or fear, or carrying a deadly weapon, or by a group of three or more. The most serious forms carry 7-14 years and a fine of NPR 70,000-140,000, with other forms carrying 5-10 years. Cheating (Section 249) — dishonestly causing loss to, or obtaining benefit by deceiving, another — carries up to 7 years generally, up to 10 years where the victim is the Government of Nepal or a state-owned body (outside corruption cases), and up to 5 years where the offender lies about identity, title or qualifications, with an extra year where the victim is a child, an elderly or helpless person.

Defamation is split into two offences in Part 3. Slander (Section 305) — degrading spoken words intended to lower another's reputation — is punishable by up to 1 year's imprisonment or a fine up to NPR 10,000 or both. Libel (Section 306, punished under Section 307) — defamation by writing, signs, visible representation, publicity or other lasting means — is punishable by up to 2 years' imprisonment or a fine up to NPR 20,000 or both, with an additional term of up to 1 year (or up to NPR 10,000) where it is committed through electronic or mass-communication means; the court may also order compensation. Truth published for the public good, and fair good-faith comment on public servants and public conduct, are recognised defences.

Among marriage offences, bigamy (Section 175) prohibits a married person from concluding another marriage while the marital relationship subsists, punishable by 1-5 years' imprisonment and a fine of NPR 10,000-50,000; the second marriage is automatically void. Several offences in these chapters carry a short three-month statute of limitation running from knowledge of the offence (for example bigamy and defamation), whereas the most serious offences such as murder have no limitation period.