Espionage Act, 2018 (1962)


Published: 1962

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Espionage Act[, 2018 English
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Espionage Act, 2018 (1962)
Date of Authentication and Publication
2018.12.29 (11 April 1962)
Amendments:
1. Some Nepal Acts Amendment, Repeal and
Continuance Through Rearrangements Act, 2019
2019.12.30
(12 April 1963)
2. Judicial Administration Reform (First
Amendment) Act, 2033 2033.4.10
(25 July 1976)
3. Espionage (First Amendment) Act, 2035 2035.7.1
(18 Oct. 1978)
4. Administration of Justice Act, 2048 2048.2.16
(30 May 1991)
5. Republic Strengthening and Some Nepal Laws
Amendment Act, 2066
2066.10.7
(21 Jan. 2010)
Act Number 49 of the year 2018
An act made to punish who commits or causes to commit the act of
Espionage, Spy and Intelligence
Preamble: Whereas it is expedient 1to maintain the internal security of 2............Nepal, to prevent the act of Espionage, Spy and Intelligence against Nepal
1 Amended by the Some Nepal Acts Amendment, Repeal and Continuance Through Rearrangements
Act, 2019

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and to provide for the provisions of punishment who commits or causes to commit
such act,
Now, therefore, be it enacted by His Majesty the King, Mahendra Bir
Birkram Shah Dev pursuant to Article 93 of the Constitution of Nepal.
1. Short title, extension and commencement: (1) This Act may be called
"Espionage Act, 2018 (1962)".
(2) This Act shall extend to the whole of Nepal and also apply to all
Nepalese citizens wherever they reside.
(3) This Act shall come into force immediately.
2. Definition: Unless the subject or context otherwise provides, in this Act,-
(a) "Military Situation" means the military force of Nepal and its
training or movement.
(b) "Strategic System" means an arsenal of armies, a record of arms and
ammunition of armies, a strategically important target and a map,
model, sketch, military code, password of such area and this term
also includes the deployment or mobilization of army.
(c) "System of Internal Security" means the strength of police force of
Nepal, its training, a record of arms and ammunition of such police
force, police code and the deployment and also includes deployment
and mobilization of police force.
(d) "Device" means a device which is used for writing, listening and
speaking and this term also includes a device which takes
photograph.
2 Omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

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(e) "Information" means an act to transmit a message through any type
of document or oral way, or a code or any other device.
(f) "Notified Order" means an order published in Nepal Gazette.
3. Espionage: (1) It shall be deemed to have committed the offence of
espionage by a person when he/she, with an intention to make an adverse
effect on the interest or security of Nepal within or outside its territory; or
for the interest of any foreign state by receiving ,or not, any type of
enticement from such foreign state, gives a information about the military
situation or strategic system or the system of internal security to anyone or
he/she attempts or abets to provide such information, or collects the
materials with an object to provide such information ,or creates conducive
environment for the person who is trying to obtain such information, or
attempts towards making such environment.
(2) It shall be deemed to have committed the offence of espionage
by a person when he/she, with an intention to make an adverse effect upon
the interest or security of Nepal within or outside its territory, or for the
interest of any foreign country by receiving, or not, any type of enticement
from such foreign country, gives a information related to any secret
diplomatic document of the government of Nepal or any other secret
governmental document to any one ,or attempts or abets to provide such
information.
4. Power to search and arrest: (1) The Government of Nepal may, on the
basis of reliable suspicion that a person has committed an offence of
espionage and he/she has a note, plan, model or sketch related to military
situation or strategic system or the system of internal security, or a written
note related to a secret governmental document, issue an warrant in order to

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arrest him/her or search his/her building or land (residence) by entering at
any time, or search his body or his/her suspected box, bundle, luggage, bags
and baggage or any other goods; and seize the note, plan, model, sketch or
any written note related to a secret governmental document, or any other
equipment or goods related to espionage which is obtained in the course of
search.
Provided that, if it takes some time to receive the warrant of search
and arrest and there is, a possibility of absconding of an accused from the
scene or, the possibility of destruction or concealment of the evidence of an
offence, the Government of Nepal may, upon preparing a written order of
the said matter, arrest such person or search his/her building or land by
entering at any time or search his/her body or his/her suspected box,
bundle, luggage, bags and baggage or any other goods ,and seize the note,
plan, model, sketch or any written note related to a secret governmental
document or any other equipment or goods related to espionage which is
obtained in the course of search.
(2) If a person, who has committed the offence of espionage, tries to
escape from the scene through any vehicle, the Government of Nepal may
stop such vehicle and bring it at prescribed place.
5. One who knows the commission of the offence of espionage shall
inform thereof: A person who knows to have committed the offence of
espionage shall inform thereof nearby police station.

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36. Penalty: (1) A person who commits an offence of espionage mentioned in
Sub-section (1) of Section 3, shall be liable to be punished a term from Five
years to Life imprisonment (Janmavar).
(2) A person who commits an offence of espionage mentioned in
Sub-section (2) of Section 3 shall be liable to be punished a term from Five
years to Ten years imprisonment.
(3) A person who knows the commission of an offence of espionage
and does not inform thereof pursuant to Section 5 shall be liable to be
punished a term not exceeding Four years or with a fine upto Twenty
Thousand Rupees or with both.
(4) If a person, against whom the sentence of an imprisonment or a
fine has been imposed and who is not a citizen of Nepal, Government of
Nepal may deport him/her from Nepal after completion of his/her Sentence.
47. A accused shall be held in a custody for trial of case: If a person,
who has been charged with an offence of espionage under this Act,
confesses to have committed the offence before the adjudicating authority,
or if it appears that he/she has committed an offence of espionage on the
basis of evidence produced before the court of law, the adjudicating
authoring shall try the case by holding the accused in a custody.
8. Government of Nepal shall be the plaintiff: Government of Nepal
shall be the plaintiff in a case under this Act.
9. Power of delegation: Government of Nepal may, by a Notified order,
delegate all or any of the powers mentioned in Section 4, to any officer or
authority. 3 Amended by the First Amendment. 4 Amended by the First Amendment.

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10. Jurisdiction of Court: No case under this Act shall be tried in any other
court except a court authorized by Government of Nepal to try the case and
an appeal against the verdict made by such court shall lie to the 5 Court of
Appeal.
11. Power to make Rules: Government of Nepal may make Rules in order to
implement the objectives of this Act.
12. No obstacle in the power to prosecute a case under other law: If
any other law provides for a provision of more Sentence to the offender
who is punishable under this Act, this Act shall not be a bar to try the case
and to impose such more Sentence against him/her under that Act.
Provided that, no person shall be punished for the same offence
more than once.
13. 6...............








5 Amended by the Administration of Justice Act, 2048. 6 Repealed by the Some Nepal Acts Amendment, Repeal and Continuance Through Rearrangements
Act, 2019