Abrogation of Some Criminal Cases and Remission of Punishment Act, 2020 (1963)


Published: 1963

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Abrogation of Some Criminal Cases and Remission of Punishment Act, 2020 E
1
Abrogation of Some Criminal Cases and Remission of
Punishment Act, 2020 (1963)
Date of Authentication and Publication
2020.5.10 (26 August 1963)
Amendment
Republic Strengthening and Some
Nepal Laws Amendment Act 2066 (2010) 2066-10-7 (21 Jan. 2010)
Act Number 14 of the Year 2020 (1963)
An Act made in order to abrogate some criminal
cases and to remit punishment
Preamble: Whereas, a new Muluki Ain (General code) has been promulgated and
has come in to force on Bhadra 1, 2020 B.S after comprehensive amendment and
consolidation of the prevailing Muluki Ain (General code) in order to make timely
reform in legal provisions of that code; and
Whereas, the new Muluki Ain (General code) has provided for some
fundamental, significant and timely reform oriented l gal provisions and has made
re-evaluation and re-determination of crime and quant m of penalties in the
context of change in religious and social thought, awareness and values emerged
due to the effect of time; and
Whereas, in the context of our national policy, expectation and liberal
principles of religious and social conduct expressed in the form of the new Muliki
Ain (general code) it is not reasonable to keep discriminatory legal provisions
made on narrow ground of religion, caste or tribe with respect of an act and matter
done before Bhadra 1, 2020 B.S. and the legal consequence thereof; and
Whereas, it is expedient to provide for necessary provisions in this regard.

2
Now, therefore, be it enacted by His Majesty the King Mahendra Bir
Bikram Shah Dev on the advice and with the consent of Rastriya Panchyat.
1. Short Title, Extent and Commencement: (1) This Act may be called
‘Abrogation of Some Criminal Cases and Remission of Punishment Act,
2020.
(2) This Act shall extend throughout Nepal.
(3) This Act shall come into force immediately.
2. Definition: In this Act unless the subject or context otherwise requires;
(a) "Previous Muluki Ain" means the Muliki Ain which was in force
before Bhadra 1, 2020 B.S.
(b) "Case" means all kinds of court proceedings.
(c) "Court" includes any office or authority authorized by a law to try a
case.
3. No prosecution: (1) After the commencement of this Act, no person shall
be prosecuted and punished upon imposing a charge sheet of an offence
under previous Muluki Ain for an act or a matter which is not an offence
under any Nepal Act as referred to in the Schedule of this Act.
(2) If a case has been filed or in the process against person upon
filing a charge-sheet on an offence pursuant to previous Muluki Ain for an
act or a matter which is not an offence under any Nepal Act as referred to in
the Schedule of this Act, after the commencement of this Act all such cases
and proceedings despite the case may be in any level, shall, ipso facto, be
deemed to have been abrogated.
4. Remission of punishment: (1) Upon the commencement of this Act, in
case a person is serving a punishment who was convicted by a Court in a
charge as referred to in the previous Muluki Ain for an act or matter which

3
is not an offence under any Nepal Act as referred to in the Schedule of this
Act, after the commencement of this Act, his/her all remaining punishment
which he/she has yet to serve shall, ipso facto, be deemed to have been
remitted.
(2) Upon the commencement of this Act, in case a person is
convicted by a judgment or an order of a Court in ach rge as referred to in
the previous Muluki Ain for an act or matter which is not an offence under
any Nepal Act as referred to in the Schedule of this Act, after the
commencement of this Act, all such punishment shall, ipso facto, be
deemed to have been remitted.
(3) Upon the commencement of this Act, in case a prson is serving
a punishment or is convicted by a judgment or an order of a Court in the
charge of an offence as referred to in the previous Muluki Ain for an act
or matter which is also an offence pursuant to the Nepal Act as referred to
in the schedule of this Act and provides for lower punishment than that of
the previous Muluki Ain in such offence, the punishment to such an extent
that is greater than that prescribed by the said Act shall, ipso facto, be
deemed to have been remitted.
5. Imposition of punishment as referred to in Nepal Act mentioned
in schedule of this Act: (1) If an act or a matter which is an offence
under the previous Muluki Ain is also an offence pursuant to the Nepal Act
as referred to in the Schedule of this Act, a punishment shall be imposed on
an offender as referred to in said Act including for the said act or matter
committed before Bhadra 1, 2020 B.S.
Provided that-
(a) In case the said Nepal Act provides for a punishment
greater than that prescribed by the previous Muluki

4
Ain, a punishment shall be imposed on an offender
not exceeding with a punishment as specified in
previous Muluki Ain
(b) In case the previous Muluki Ain provides for a
provision of any other type of punishment other than a
fine or an imprisonment, in this regard Sub-section
(2) shall prevail over the matter of punishment.
(2) After the Commencement of this Act no judgment or order shall
be passed to impose any of the following punishments and no such
punishment shall be executed.
(a) To shave the head of the offender (Mudne).
(b) To Impale/pierce on the body of the offender
(Khopne)
(c) To brand on the body of the offender (Damal garne)
(d) To outcast from the caste of the offender (Jaat patit
garne)
(e) To feed forbidden (uneatable) things to the offender
(Abhakshaya khuwaune)
(f) To remove the sacred thread of the offender (Janai
jhikne)
(g) To compel the offender to enter through someone’s
feet (Tangmuni Chhiraune)
(h) To compel the offender to lick the foot (Paitala
Chataune)
(i) To compel the offender for a atonement/expiation
(Patiya, Prayaschit garaune)

5
(j) To compel the offender for Pilgrimage (Tirtha
Ghumnu parne)
(k) To deport the offender from village or town.
Provided that;
(a) if a fine, an imprisonment or any other
economic liability is also included or imposed
in such punishment as referred to in clauses of
Sub-section (2), an offender shall not be freed
from the said fine, imprisonment or economic
liability, as the case may be, and such offender
shall be, subject to Sub-section (1) of Section 5,
Sections 3 and 4, punished in accordance with
law and the said punishment shall be
implemented.
(b) If a law which provides for such punishment as
referred to in Clauses of Sub-section (2) also
provides for a provision of an imprisonment,
fine or any other economic penalty or liability
as an alternative punishment, an offender shall
be, subject to Sub-section (1), Sections 3 and 4,
punished with such imprisonment, fine, or
liability, as the case may be.
6. Specific provision with respect to some offences and cases (law
suit): (1) Notwithstanding anything contained in Sub-section (2) of
Section 3, if a criminal law suit (charge-sheet) is in the process against a
person in a Court under the previous Muluki Ain and among the
matters/acts of that charge-sheet if a matter/act is also an offence pursuant

6
to Nepal Act as referred to in the Schedule of this Act and any matter is not
an offence under the said Act, the said suit shall not be dismissed to such
an extent that is related to an act or a matter which is also an offence
pursuant to the said Nepal Act and the suit shall be dealt in accordance with
law.
(2) Notwithstanding anything contained in Sub-section (1) or (2) of
Section 4, if a person is serving a punishment or is convicted by a judgment
or an order of a Court for a criminal offence under the previous Muluki Ain
and among the acts or matters of that conviction if an act or a matter is also
an offence pursuant to the Nepal Act as referred to in the Schedule of this
Act, no punishment shall be remitted to such an extent that is related to an
act or a matter which is also an offence pursuant to the said Nepal Act.

7
Schedule

1. Muluki Ain which is promulgated to be enforced on Bhadra 1, 2020 B.S.
2. Gambling Act, 2020
3. Motor Vehicle Act, 2020
4. Railway Act, 2020