Compensation Relating to Torture Act, 2053 (1996)


Published: 1996

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Compensation Torture Act, 2053

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Compensation Relating to Torture Act, 2053 (1996)

Date of Authentication and Publication
2053-9-3 (18 Dec.1996)
Act Number 14 of the year 2053 (1996)
An Act made to Provide for Compensation to the Person subjected to Torture
while in Detention.
Preamble : Whereas, it is expedient to make provisions on compensation for
inflicting physical or mental torture upon any person in detention in the course of
investigation, inquiry or trial or for any other reason or for giving cruel, inhuman or
degrading treatment to such a person;
Now, therefore, be it enacted by the Parliament in the 25th year of reign of His
Majesty King Birendra Bir Bikram Shah Dev.
1. Short Title and Commencement: (1) This Act may be called as
"Compensation Relating to Torture Act, 2053 (1996)."
(2) It shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requir s, n this Act,-
(a) "Torture" means physical or mental torture inflicted upon a person in
detention in the course of investigation, inquiry o trial or for any other
reason and includes any cruel, inhuman or degrading treatment given to
him/her.
(b) "Victim" means any person upon whom torture is inflicted.
3. Prohibition on Torture: (1) No person in detention in the course of
investigation, inquiry or trial or for any other reason shall be subjected to
torture.


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Explanation: For the purposes of this Sub-section, the words "in
detention" shall include the situation of being taken into custody in accordance
with the prevailing law.
(2) In detaining and releasing any person, the concerned official shall
get such person examined physically by a medical prctitioner engaged in the
governmental service as far as possible and him/herself examine such person in
cases where no such medical practitioner is available, and maintain records
thereof.
Explanation: For the purposes of this sub-section, "medical
practitioner" shall include a Doctor, Kabiraj (Senior Ayurvedic Practitioner),
health assistant, assistant health worker or Vaidhaya (Junior Ayurvedic
Practitioner).
(3) One copy of the report on examination of physical or mental
situation referred to in Sub-section (2) has to be sent to the concerned District
Court.
4. Provision of Compensation : If any employee of Government of Nepal is held
to have inflicted torture upon any person, the victim shall be provided with
compensation as referred to in this Act.
5. Filing of Complaint : (1) A victim may, within 35 days from the date of
inflicting torture upon him/her or of his/her releas from detention, file with
the District Court of the District, where he/she has been detained, a complaint
making a claim for compensation.
(2) Notwithstanding anything contained in Sub-section (1), in the event
of death of a victim or failure of the victim for any other reason to file a
complaint in person, any one of his/her family membrs having attained the
required age or his/her legal practitioner may, setting out reasons therefor, file
a complaint under Sub-section (1).
(3) Any one of the detainee's family members having attained the
required age or his/her legal practitioner may, if he/she thinks that torture has


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been inflicted on the detainee, file a petition with the concerned District Court.
If such application is filed, the court may order for physical or mental
examination of the person in detention within three days. If, upon such
examination, it appears that his/her medical treatmn is to be done, his/her
treatment shall be done on behalf of Government of Nepal.
(4) Any complaint to be filed under Sub-section (1) or (2) shall also
contain the following matters, as far as possible:-
(a) Reason for detention and period of time spent in
detention.
(b) Description of torture inflicted while in detention.
(c) Description of loss resulted from torture.
(d) Amount of compensation claimed.
(e) Any other details which may be ancillary to subtantiate
the claim.
6. Proceedings on Complaint and Compensation: (1) The District Court shall
proceed with a complaint filed under Section 5 by following the procedures
referred to in the Summary Procedures Act, 2028 (1972), and if the contents of
such complaint are found to be true and correct, make a decision requiring
Government of Nepal to pay compensation in a sum not exceeding One
Hundred Thousand Rupees to the victim.
(2) If, in the course of the proceedings under Sub-section (1), a
complaint is held to have been made with mala fide intention, the complainant
may be punished with a fine not exceeding Five Thousand Rupees.
7. Action against the Person Involved in the Commission of Torture: If it is
held that torture has been inflicted as mentioned i this Act, the District Court
may order the concerned body to take departmental action against the
governmental employee who has inflicted such torture, in accordance with the
prevailing law.


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8. Fixation of Amount of Compensation : In fixing amount of compensation for
purposes of Sub-section (1) of Section 6, it has to be fixed taking into account
of the following matters :-
(a) Physical or mental pain or suffering inflicted on the victim and its
gravity.
(b) Depreciation occurred in income-earning capacity of the victim as a
consequence of physical or mental injury.
(c) In the case of physical or mental injury of incurable nature, the age of
the victim and his/her family obligation.
(d) In the case of an injury of curable nature, estimated expenditure for its
treatment.
(e) In the event of the death of the victim as a result of torture, number of
his/her family members dependent on his/her income and minimum
expenditure required for their livelihood.
(c) The matters deemed proper and just, out of the matters claimed by the
victim.
9. Execution of the Decision: (1) After the final decision on provision of
compensation to a victim, the victim or his/her nearest heir, in the event of
his/her death, has to make an application, accompanied by a copy of the
decision made by the District Court on provision of c mpensation, to the Chief
District Officer of the District where the victim has been detained, for having
amount of compensation within one year from the date of receipt of a notice of
such decision.
(2) The Chief District Officer has to provide the amount of
compensation to the applicant within thirty five days of receipt of the
application referred to in Sub-section (1).
(3) No amount of compensation shall be provided if any application is
not made within the time-limit referred to in Sub-section (1).


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10. Defense by Government Attorney : The Government Attorney shall, if so
requested by the concerned Office In-charge, appear in the Court on behalf of
such employee and defend him/her on the complaint filed under Section 5.
11. Not to Be Deemed Torture : Notwithstanding anything contained elsewhere
in this Act, any pain or suffering arising naturally from being detained in
accordance with the prevailing law shall not be deem d to be an act of torture
for the purposes of this Act.
12. No Restriction on Taking Action under Prevailing Law: Nothing shall be
deemed to prevent the taking of separate action in such matter as may be
deemed to be an offence under the prevailing law only by virtue of the fact that
action has been taken under this Act for compensation for torture or that
compensation has been received.
13. Power To Frame Rules : Government of Nepal may frame necessary Rules in
order to carry out the objectives of this Act.