Nepal’s Laws on Duty and Punishment: A Review

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Kathmandu, Nepal - As Nepal continues to struggle with issues of corruption and accountability, it is essential to examine the country’s laws related to duty and punishment. In this article, we will delve into the current legal framework surrounding these topics.

Punishment for Neglect of Duty

According to Nepalese law, individuals who neglect their duties can face severe penalties. Article 188 of the Country Code states that those who fail to perform their duties or intentionally obstruct others from performing theirs can be punished with imprisonment for up to two years.

• In a recent case, the Supreme Court ruled that even judges can be held accountable for failing to discharge their duties.
• The court established 14 factors that judges should consider when determining punishment for crimes committed by individuals who have neglected their duties.

Immunity Provisions

Nepalese law also provides immunity from prosecution in certain circumstances. For example:

• Parents, spouses, and children of parties to a case are exempt from being called as witnesses against those same parties.
• Communications made during marriage are also protected from disclosure.
• Judges, expert witnesses, and public personnel are not compelled to answer questions that may compromise their professional integrity.
• Lawyers are also granted immunity for communications with their clients.

However, immunity from self-incrimination is limited. Individuals who refuse to cooperate with investigations or prosecutions can face consequences.

Investigation and Prosecution

In recent years, Nepal has introduced legislation aimed at combating human trafficking and drug-related crimes. For example:

• The Human Trafficking and Transportation (Control) Act, 2007, provides partial immunity to individuals who substantially cooperate with investigations and prosecution agencies.
• The Narcotic Drugs (Control) Act, 1976, offers complete and partial immunity for those who provide information or evidence that leads to successful investigations and prosecutions.

Conclusion

In conclusion, Nepal’s laws on duty and punishment are complex and multifaceted. While individuals have a responsibility to perform their duties, there are also provisions in place to protect individuals from being forced to incriminate themselves or compromise their professional integrity.

As the country continues to grapple with issues of corruption and accountability, it is essential that these laws be reviewed and updated regularly to ensure that they are fair, effective, and in line with international standards.