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Some Experiences of Nepal in the Administration of Criminal Justice

NCJ Number
75982
Author(s)
K Acharya
Date Published
Unknown
Length
15 pages
Annotation
Criminal justice practices in Nepal are described, including reforms in sentencing and imprisonment; changing police roles, arrest, and trial procedures; and an emphasis on crime prevention.
Abstract
In 1963, the Muluki Ain (the Law of the Land) was changed in accordance with the provisions of the country's constitution. Under present law, discrimination on the basis of religion, race, sex, caste, or tribe is forbidden; and the reformation of offenders is an important goal. Forced labor, exile, and the death penalty (except for treason and offenses under the Army Act) have been abolished; and 'life imprisonment' is actually a sentence of 20 years or less, depending on the inmate's behavior. Prisoners now receive medical services, reading materials, and opportunities for education and skill -oriented training. Criminal liability laws provide that 8-to 12-year-olds may receive up to 2 months imprisonment; 12-to 16-year-olds may receive one-half the adult sentences; and those over 16 are treated as adults. The role of the police has also changed. Formerly, they were responsible only for the maintenance of law and order; today, their duties also include the control and investigation of crime, the collection of evidence, the regulation of public assemblies, and traffic services. Together with a district attorney, the police prepare formal accusations against offenders. Suspects must be brought before a district court for the setting of bail and dates for preliminary hearings within 24 hours of their arrest, and trials must be completed within 6 to 12 months, depending upon the distance of the nearest court from the scene of the crime. Suspects are guaranteed the right to defense by lawyers of their own choosing, and legal aid is available to poor persons. All trials are open to the public. Following crimes, citizens are required to participate in 'spot investigations' and reveal any knowledge they may have of criminal activities. Efforts at crime prevention through social reform include the prohibition of job discrimination and the redistribution of land to the rural poor. References or footnotes are not included.