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Police Act, 2012 (1955)


Published: 1955

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Police Act, 2012-English
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Police Act, 2012 (1955)
Date of Authentication and Publication
2012.6.31(16 Oct. 1955)
Amendments:
1. Some Nepal Laws (Amendment and
Rearrangement) Act, 2020 (1964) 2020.11.16 (28 Feb. 1964)
2. Police (First Amendment) Act, 2029 (1972) 2029.6.5 (21 Sep. 1972)
3. Police (Second Amendment) Act, 2031
(1974) 2031.7.5(21 Oct. 1974)
4. Police (Third Amendment) Act, 2035 (1972) 2035.5.21(6 Sep. 1978)
5. Police (Fourth Amendment) Act, 2042
(1985) 2042.4.26 (10 Aug. 1985)
6. Police (Fifth Amendment) Act, 2048 (1991) 2048.8.4 (14 Nov. 1991)
7. Republic Strengthening and Some Nepal
Acts Amendment Act, 2066 (2010)1 2066.10.7 (21 Jan. 2010)

Act Number 8 of the year 2012 (1955)
An Act Made to Provide for the Formation and Arrangement of Nepal
Police Force and Specification of the Functions and Duties of Police
Personnel
2Whereas, it is expedient to reorganize the police force of the whole of
Nepal, and make it a capable instrument for preventing and investigating crime
and maintaining law and order;
Now, therefore, His Majesty the King has framed andpromulgated this Act.
1 This Act came into force on 15 Jesta 2065, "Prasati" and the word "Kingdom" has been deleted. 2 Amended by Some Nepal Laws (Amendment and Re-arrangement) Act, 2020 (1964).

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Chapter-1
Preliminary
1. Short Title, Extent, and Commencement: (1) This Act may be called
the “Police Act, 2012 (1955)”.
(2) It shall be applicable throughout Nepal.
(3) The provisions of Chapters 1, 2, 3 and 6 shall come into force at
once, and the provisions of the other Chapters shall come into force in such
areas of Nepal on such dates as may be prescribed by the Government of
Nepal by a Notification in the Nepal Gazette.3
2.4 Definitions: Unless the subject or the context otherwise requires, in this
Act,-
(a) “Officer” means a police officer of sub-inspector or higher5 rank.
(b) ……………….6
(c) “Personnel” means police personnel other than officers.
(d)7 “Zonal superintendent” means the senior superintendent,
superintendent or deputy superintendent of police; and this term
includes an inspector designated by the Government of Nepal, by a
general or a special order, for the purpose of performing any or all
the functions of a Zonal Superintendent.
(e) “Police” means a person appointed or recruited under this Act.
3 A notice on the application of Chapters 4 and 5 throughout Nepal was published on 28 December
1959. 4 Amended by the Second Amendment. 5 Amended by the Fourth Amendment. 6 Deleted by the Fifth Amendment. 7 Amended by the fourth Amendment.

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(f) “Police employee” means the officers and personnel of the police
force.
(g) “Subordinate rank” means officers and personnel subordinate to the
inspector.
(h) “Gazetted officer” means an inspector and officers above this rank.
(i) “Prescribed” or “as prescribed” means prescribed or as prescribed in
the rules framed under this Act.
Chapter-2
Formation, Supervision and Control of Police Force
3. Formation of Police Force: (1)8 There shall be one or more Police
Forces for Nepal. The formation of the Police Force and the number of
police employees in it shall be as prescribed by the Government of Nepal
from time to time.
(2)9 The salary and other terms and conditions of servic of the
officers and personnel of the Police Force shall be as determined by the
Government of Nepal from time to time.
4.10 Power of the Government of Nepal: The Government of Nepal shall
have power to exercise supervision over and control the Police Force, and
issue directives to the police; and it shall be theduty of every police
employee to comply with the orders and directives of the Government of
Nepal.
8 Amended by the Fifth Amendment. 9 Amended by the Second Amendment. 10 Amended by the Second Amendment.

4

5. 11 Inspector-General of Police etc.: The Inspector-General of Police, the
Additional Inspector General of Police,12 and such ……….13 Deputy
Inspector-General of Police as deemed appropriate by the Government of
Nepal shall be responsible for ……….14 police administration.
6. 15 Zonal Superintendent etc.: (1) The Zonal Police Superintendent shall be
responsible for police administration in his or herZone.
(2)16 The Government of Nepal may, by a Notification in the Nepal
Gazette, appoint Senior Superintendent of Police or Superintendent of
Police at Zonal Police Office and Superintendent of Police, Deputy
Superintendent of Police or Police Inspector at the District Police Office, as
required.
(3) 17………………
7. Appointment Letter: (1) Every police employee of the rank of Inspector
or any rank below it shall obtain a letter of appointment at the time of his or
her appointment in the form specified in the Schedule. The employee
specified by the Government of Nepal by a general o special order shall
affix his or her signature to such an appointment ltter.
(2) The letter of appointment shall be void or invalid on the
termination of the service of the employee mentioned therein, and the letter
of appointment shall be handed over to the employee empowered to receive
it.
11 Amended by the Second Amendment. 12 Inserted by the Fourth Amendment. 13 Deleted by the Fourth Amendment. 14 Deleted by the Fourth Amendment. 15 Amended by the Second Amendment. 16 Inserted by the Fourth Amendment. 17 Deleted by the Fifth Amendment.

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(3) In case any police employee is suspended and cosequently
ceases to perform to his or her office, the letter of appointment issued to
him or her pursuant to Sub-section (1) shall remain invalid during the
period of such suspension. Provided that, regardless of uch suspension, the
control of his or her superior officers over him or her shall continue as if he
or she were not suspended, and he or she shall remain under discipline as
usual and shall be liable to the usual punishment.
8.18 Control over the Police: District level police employees shall remain
under the control and direction of the Chief District Officer in regard to
matters concerning law and order and administration thereof. It shall be the
duty of the police employees to comply with the orders and directives
issued in that connection by the Chief District Officer. It shall be the duty
of the district level police employees to assist the Chief District Officer in
the other functions as required to be performed by him or her pursuant to
laws.
Chapter-3
Control and Discipline of the Police Force
9. 19 Appointment, promotion, dismissal and other departmental
punishment of police employees: (1) The appointment and promotion
of gazetted police officers shall be made by the Government of Nepal, and
that of other police employees of subordinate ranks shall be made by the
Inspector General of Police, Additional Inspector General of Police, Deputy
Inspector General of Police20 or Zonal Superintendent as prescribed.
18 Amended by the Fifth Amendment. 19 Amended by the Second Amendment. 20 Amended by the Fourth Amendment.

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(2) The police employees shall hold their office during the pleasure
of the Government of Nepal.
(3) The Government of Nepal may dismiss, remove, demot in rank
or salary, or otherwise punish Gazetted Police Officers, and the Inspector
General of Police, Additional Inspector General of P lice, Deputy Inspector
General of Police21 or Zonal Superintendent may dismiss, demote in rank or
salary or otherwise punish the officers and personnel of subordinate ranks,
as prescribed.
(4) In case any employee of subordinate rank shows carelessness or
negligence in the discharge of his or her duties or does something to avoid
the discharge of any duty, thereby providing himself or herself incapable of
fulfilling such a duty or commits a breach of discipline or otherwise
behaves improperly, the prescribed officer may dismis him or her, remove
him or her from force, demote him or her in rank or salary, or if he or she
so deems necessary, award the following punishment as prescribed:
(a) Imposition of a fine of not more than one month's
salary.
(b) Keeping him or her in detention at the quarters for a
period of Fifteen days, with or without subjecting him
or her to parade, additional guard duty, or fatigue or
any other duty, as punishment.
Provided that, the punishment prescribed in this
Clause may not be awarded to any officer.
(c) Removing him or her from any post of important
responsibility or withdrawing payment of special
salary and allowances being paid to him or her.
21 Amended by the Fourth Amendment.

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10. 22 Saving from arbitrary dismissal, etc.: (1) In case any police employee
is to be dismissed, removed from the force or demotd in rank or salary, he
or she shall be given an opportunity to explain why he or she should not be
so punished, as well as a reasonable time-limit for doing so, except in the
following circumstance:
(a) In case he or she is sentenced to imprisonment after
being convicted by the court of a criminal offence
involving moral turpitude,
(b) In case he or she is sentenced to imprisonment after
being convicted of an offense punishable under this
Act, or
(c) In case the punishing authority prepares a
memorandum explaining the reason why it is not
proper to provide an opportunity to the police
employee to submit an explanation.
(2) Only the officer empowered to appoint any police employee may
dismiss him or her or remove him or her from the force or demote him or
her in rank or salary.
10A.23Not to bar institution of case: The institution of a case under this Act or
the other Nepal laws in force shall not be deemed to be barred merely by
the reason that a departmental action or punishment has been taken or
imposed pursuant to Section 9.
11.24 Procedure for departmental action and punishment, and appeal:
(1) While ordering the dismissal of any police employee or his or her
demotion in rank or salary, the officer empowered to award departmental
22 Amended by the Second Amendment. 23 Inserted by the Second Amendment. 24 Amended by the Second Amendment.

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punishment under Section 9 shall prepare a memorandum explaining the
basis of such order, the charges, the findings of the investigations
conducted in respect thereto, the explanations offered by such police
employee, additional information, if any, obtained on the basis of such
explanations, and his or her own findings. In case no opportunity has been
given to the police employee to explain his or her case, the officer shall, in
such a memorandum, also explain why he or she has not deemed it
necessary to provide such opportunity, and shall sign the memorandum and
attach it to the case file.
(2) An appeal may be filed with the prescribed officer against any
order of departmental punishment made under Section 9.
Provided that, no appeal filed against the punishment awarded under
Clause (b) of Sub-section (4) of Section 9 shall be entertained.
11A.25 Power to take departmental action and impose punishment: The
power to take departmental action and impose punishment according to this
Act or the Rules framed hereunder shall vest in the authority prescribed in
the Rules, if any, so prescribed and, failing such prescription, in the
committee formed by the Government of Nepal by a Notification in the
Nepal Gazette.
Chapter-4
Powers and Duties of Police Employees
12. Police employees to remain on constant duty: For the purposes of this
Act, every police employee shall be deemed to be on constant duty, and a
police employee may be deputed at any time to any prt of the country.
25 Amended by the Fifth Amendment.

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13. Authority exercisable by police employees: No police employee shall
exercise higher power or authority than is vested in or delegated to him or
her under this Act or any other prevailing Act.
14. Powers of senior employees: The powers vested in any police employee
under this Act or the Rules framed under this Act may be exercised by any
police employee who is senior to him or her in rank.
15.26 Duties of police employees: (1) The duties of every police employee
shall be as follows:
(a) To obey the orders issued by the competent authority
according to the law; and promptly execute and serve
warrants issued by such authority.
(b) To collect information regarding activities whic are
likely to affect law and order, and submit the same to
higher authorities.
(c)27 To prevent crimes, and protect people from
unnecessary harassments.
(d) To trace out criminals and cause them to be punished
according to the law.
(e) To arrest persons who must be arrested according to
the law, and for whose arrest there exist adequate
grounds.
(f) To discharge duties which must be discharged
according to the laws in force.
26 Amended by the Second Amendment. 27 Amended by the Fifth Amendment.

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(g) To provide assistance to the best of his or her capacity
to any person lying disabled or helpless on the road,
and take charge of lunatics and persons who are
dangerously intoxicated and cannot look after
themselves.
(h) To take necessary action immediately in case any
arrested or detained person sustains injuries or falls ill,
and take proper care of him or her while guarding him
or her or shifting him or her elsewhere.
(i) To make necessary arrangements for relations and
accommodation for persons who are arrested or are
under detention.
(j) To refrain from indulging in indecent behaviour and
undue harassment to any person while conducting a
search.
(k) To behave the public decently, and treat women and
children with full respect and due politeness.
(l) To make all possible efforts for safety against lo s or
damage by fire.
(m) To make every possible effort to save people from
accidents or dangers.
(2) For the purpose of fulfilling any of the objectives mentioned in
Clause (a) though (e), any police officer of at least the rank of sub-inspector
may enter and inspect without warrant any liquor-stall, hotel, lodge or
restaurant selling or serving narcotics or liquor, gambling den, any other
place where bad characters and miscreants generally assemble.

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(3) In case any police officer enters into or inspects any place
without warrant pursuant to Sub-section (2), such police officer shall, as
soon as possible, inform the Chief District Officer in writing about the
same, along with the reasons for doing so.
16.28 Power of Chief District Officer to Issue warrant, etc.: Any police
officer may submit reports to the Chief District Officer requesting the issue
of a suitable warrant according to the law, or of a search warrant, or
summons or any other notice, or prescribe time-limits in the name of any
person who has committed any crime, or is about to commit any crime,
after sending such information to the Chief District Officer as he or she has
obtained while discharging his or her duties, and the Chief District Officer
may issue such a warrant, summons or notice, or prescribe such a time-
limit, unless the prevailing law explicitly provides for any officer or
authority empowered to do so.
In case there is a legal provision that any office or court is to issue
such a warrant, search warrant, summons or other notice r time limit, the
police officer shall submit such a report directly to such an office or court.
17. Power of police employees to arrest without warrant : (1) A police
employee may arrest the following persons without warrant at any public
place:
(a) One who is known to have committed or attempt to
commit any crime which is punishable by law with
imprisonment for a term of Three years or more than
Three years.
(b) A criminal who is declared absconding and is therefore
required to be arrested.
28 Amended by the Second Amendment.

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(c) A person who moves in a suspicious manner at a time
when a curfew is in force.
(d) A person who carries arms and ammunitions at night
without proper reason or tools for burglary at night.
(e) A person who escapes or attempts to escape from the
place where he or she is detained according to law.
(f) A person who is reasonably suspected to have
absconded upon deserting to Nepal army or police
force.
(g) A person who is reasonably suspected to have
committed any of the crimes mentioned in Chapter-6
of this Act.
(2) Any person who is arrested under Sub-section (1) shall be
produced before a court as early as possible within Twenty Four hours,
excluding a reasonable period of time required for the journey.
(3) In case any police employee sees any movable, immovable
public property being damaged in his or her presence, he or she may
prevent such damage at his or her own initiative.
18. Arrangements of motor vehicles or passengers on public
thoroughfares, etc.: The police employee shall have the following duties:
(a) To regulate and control traffic on public roads, prevent ………..29
obstructions to traffic and ensure compliance with this Act or the
rules framed and the orders issued under the laws in force for
observance by the people on public roads or adjoining areas.
29 Deleted by the Fifth Amendment.

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(b) To maintain peace in public roads, public baths, and places where
clothes are washed, river banks, airports, railway stations, fairs,
temples, places of worship of the surrounding areas at the time of
worship and other public places.
(c) To maintain peace on/at public roads, public baths, and places where
clothes are washed, river banks, airports, railway stations, prevent
overcrowding at such places and on public ferries, and preventing
violations of ……………….30 the Rules framed and orders framed
and issued under this Act and other prevailing Act for observance31
by the general public at such places and ferries.
19.32 Arrangements for public assemblies and processions: (1) With the
objective of ensuring that the process of holding assemblies or taking out
processions at public paths, roads or thoroughfares do not cause
inconvenience to the general public or disturb peace, the Chief District
Officer, or the police officer authorized by him or her for the purpose, may
prescribe roads and time for holding such assemblies or taking out
processions.
(2) In case any act is done in contravention of Sub-section (1), the
Chief District Officer or the police officer authorized by him or her for the
purpose, may stop or disperse such assemblies or processions.
20. Police to take charge of unclaimed property: It shall be the duty of
every police employee to take charge of unclaimed property and to make
and submit an inventory of such property to the Chief District Officer.
21. Chief District Officer to impound property and issue Notification:
(1) The Chief District Officer may impound such proerty and issue a
30 Deleted by the Fifth Amendment. 31 Amended by the Second Amendment. 32 Amended by the Fifth Amendment.

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Notification directing the claimant to appear, with evidence of his or her
claim, within Six months, giving particulars of such impounded property.
(2) In case a person who has a rightful claim to such property is not
traced or is absent, and in case such property is liable to be damaged or to
perish due to natural factors, or the Chief District Officer …………33 is of
the opinion that the auction thereof may be profitable to the owner of such
property, or in case …………..34 the value of such property is below Ten
Rupees, the Chief District Officer may, at any time, order the auction sale
of such a property and ………….35 credit to the deposit of the proceeds of
the auction sale.
22. Property to devolve on Government of Nepal wher no one claims
it : (1) In case no claimant to such property appears within the prescribed
time-limit of Six months, and in case no auction sale of the property has
taken place under Sub-section (2) of Section 21, it shall be auctioned or
sold according to the order of the Chief District Officer.
(2) The proceeds of the auction sale of property under Sub-section
(1) and of the auction sale of unclaimed property under Sub-section (2) of
Section 21 shall devolve on the Government of Nepal after the expiry of
Six months.
22A.36 In relation to unclaimed dead bodies: In case any unclaimed dead
body is found, the police shall take it in its possession, and identify it. In
case it is provided that the person had died a natural death, a note shall be
prepared accordingly and the dead body shall be handed over to his or her
relative for the purpose of performing the last rites. In case no relative is
traced, or in case he or she refuses to take possession of the dead body, the
33 Deleted by the Second Amendment. 34 Deleted by the Second Amendment. 35 Deleted by the Second Amendment. 36 Inserted by the Third Amendment.

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police shall hand it over to the institute of medical sciences, where it has
been established, if it requires the body for the purpose of study. In case no
such institute has been established at that place, or in case it does not need
the dead body, the police shall have it cremated through the local Village
Development Committee or Municipality37 or a social organization.
Provided that, in case the person whose dead body is found has died
as a result of an accident or by committing suicide or in any other
suspicious circumstances, the body shall be handed ov r to such an institute
or cremated, only after completing investigations, including autopsy,
according to the laws in force.
23. Duty of police employees to maintain diaries: (1) It shall be the duty
of the empowered employee of every police station to maintain a diary
according to the form prescribed by the Government of Nepal and indicate
therein all complaints and charges, the names of the arrested persons, the
names of the complaints, the offences for which the persons were arrested,
the arms or properties recovered from them or from other resources, as well
as the names of the witnesses summoned and inquired.
(2) The Chief District Officer may procure the diary and examine it.
24. 38 ……………
25. 39 ……………
26. 40……………
37 Amended by the Fifth Amendment. 38 Deleted by the Second Amendment. 39 Deleted by the Fifth Amendment. 40 Deleted by the Fifth Amendment.

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Chapter-5
Special arrangements for maintaining public peace and
security
27. Police reinforcement on application by any person: (1) In the event
of an application by any person, the Zonal Superintndent may depute
additional police employees for the purpose of maintaining law and order
or enforcing the provisions of this Act or other Acts in respect of specific
crimes, or for the purpose of discharging others police duties in any place
or area.
(2) The applicant shall bear the expenses for such additional police
employees. Provided that, such additional police employees shall act under
the orders of the Zonal Superintendent, and remain on such duty for such
period as he or she may deem proper.
(3) If the person who has filed application for additional police force
makes a written request to withdraw such police personnel before the Zonal
Superintendent of Police, her or she, within One month so deploys after
such application, the applicant shall not be liable to bear the expenses after
the expiry of such a period.
28.41 Dispatch of police reinforcements in the neighborhood of railways
or other installations: (1) In case the Government of Nepal is satisfied
that the conduct or possible conduct of persons posted in or moving by or
around any airport, railway line, canal or any other public utility or factory,
commercial establishment, entertainment and transport facility, which is in
the process of construction or operation, necessiti he deployment of
police reinforcements there, it may dispatch additional police in such
41 Amended by the Second Amendment.

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number as it may deem appropriate, to remain on duty at such a place for
such a period as it deems necessary.
(2) In case police reinforcements are dispatched pursuant to sub-
section (1), the Government of Nepal may direct the expenses involved in
such deployment to be realized from the utility, service, factory or
installation to which the police reinforcements are dispatched, and such
expenses shall be borne by such service, factory or installation.
(3) The Government of Nepal may delegate the powers v sted in it
under this Section to the Inspector General of Police, Additional Inspector
General of Police and Deputy Inspector General of Plice42 or Chief
District Officer or Zonal Superintendent, by a notification in the Nepal
Gazette.
29. Additional police reinforcement to be deputed in the event of
threat to public peace: (1) In case there prevails an in tranquil or
dangerous situation in any area or in case the Governm nt of Nepal feels43
that it is necessary to depute additional police employees by the reason of
the conduct of the inhabitants or a group of inhabitants in that place, the
Government of Nepal may, by a Notification in the Nepal Gazette,
prescribe the following matters:
(a) The place where the additional police employees ar to
be posted, 44……and
(b) The period for which the additional police employees
are to be posted.
(2) The decision made by the Government of Nepal under sub-
section (1) shall be final.
42 Amended by the Fourth Amendment. 43 Amended by the Second Amendment. 44 Amended by the Second Amendment.

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(3) Subject to Sub-section (5) of this Section, the expenses for such
additional police employees shall be borne in particular by the inhabitants
of the area specified in the notification.
(4) Persons who are liable to pay expenses under Sub-section (5)
other than those who are not so required and the amount payable by them
shall be as determined by ……….45 the Chief District Officer, duly taking
the status of the inhabitants into consideration.
(5) The Government of Nepal may, by a notification n the Nepal
Gazette, grant exemption from payment of such expenses in the case of any
group of such inhabitants or part thereof.
Explanation: For the purposes of this Section, the term
"inhabitant" includes those persons, who although not residing in such area,
possess or utilize land or immovable property either personally or through
their agents or servants or the landowners who colle t rents or cultivate
lands personally or through agents, servants or tenants.
30. 46Compensation to victims for loss or damage resulting from
improper conduct of inhabitants: (1) In case any person residing in the
area which is notified under Section 29 dies or sustain serious injury or
loss or damage to his or her property47 by the reason of an improper
conduct48 of the inhabitants or a Section49 or class of persons residing in the
same area, he or she may submit an application to the Chief District Officer
of such area complaining against such loss or damage and claiming
compensation therefor, within One month or within the time limit if so
45 Deleted by the Second Amendment. 46 Amended by the Second Amendment. 47 Amended by the Second Amendment. 48 Amended by the Second Amendment. 49 Amended by the Second Amendment.

19

specified to be less than One month from the date of sustaining such
damage or loss.
(2) The Chief District Officer may, with the approval50 of the
Government of Nepal, institute necessary inquiry in the area as referred to
in Section 29, irrespective of whether additional po ice employees have
been posted therein or not, and take action as follows in such an area:
(a) To publish the names of persons who have been
victims51 from such improper conduct52 or as a result
of such conduct,
(b) To determine the amount of compensation53 payable to
such persons, and the methods of distributing it.
(c) To determine the figure of compensation54 to be paid
by specified persons from among the inhabitants of
such area, other than those who are not liable to pay
for damages under Sub-section (3) of this Section, and
the applicant himself or herself. 55
Provided that, the Chief District Officer shall
not publish names and determine the figure of
compensation under this Sub-section unless he or she
is satisfied that the loss or damage as mentioned above
was resulted from disturbance or unlawful assembly in
50 Amended by the Second Amendment. 51 Amended by the Second Amendment. 52 Amended by the Second Amendment. 53 Amended by the Second Amendment. 54 Amended by the Second Amendment. 55 Amended by the Second Amendment.

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such area and that the victim56 is not responsible for
such incident.
(3) It shall be lawful for the Government of Nepal to issue an order
exempting any person or section57 of persons from among such inhabitants
from payment of some portion of such compensation.
(4) The names of persons published, the figure of compensation
fixed58 or the orders issued by the Chief District Officer under Sub-section
(2) may reviewed by the Government of Nepal or the authority prescribed
by it. In the other circumstances, the decision shall be final.
(5) No civil suit may be filed with respect to loss for which
compensation is already paid under this Section.
Explanation: The term "inhabitant" in this Section means the same
as indicated in the preceding Section.
31. 59…………
32. Realization of amounts payable according to forgoing provisions:
(1) The Chief District Officer shall realize the amount payable under the
provisions of this Chapter in accordance with the pr vailing law relating to
the recovery of fines.
(2) The entire amount paid60 or recovered under Sub-section (3)
shall be paid to the person who is entitled to be paid thereunder.
56 Amended by the Second Amendment. 57 Amended by the Second Amendment. 58 Amended by the Second Amendment. 59 Deleted by the Fifth Amendment. 60 Deleted by the Third Amendment.

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Chapter-6
Offences and Punishment
33. 61………….
33A.62 Serious crimes: A police employee shall be imprisonment for life or f
a term not exceeding Fourteen years or punished with a fine not exceeding
the total amount of his or her Three years salary or with both, if he or she
commits any of the following offences:
(a) In case he or she is engaged in, or instigates, n armed rebellion in
the police force or participates in such rebellion r foments
excitement or conspires, or attempts to do so, with the intent of
being engaged in or instigating such rebellion,
(b) In case he or she makes no effort to forestall a rebellion as far as
possible when he or she is present at the site therof or distracts, or
attempts to distract, any person from his or her patriotism, loyalty to
the nation,……….,63 or his or her duties, at such time.
(c) In case he or she fails to send reports or information immediately to
his or her senior officers with malafide intention even though he or
she is aware or has reason to believe that somebody intends to or is
conspiring or attempting to engage in a mutiny.
(d) 64………..
(e) In case he or she helps the attackers by surrende ing the police
station, post, patrol, etc. and the arms and ammunition and other
61 Amended by the Second Amendment. 62 Amended by the Third Amendment. 63 Deleted by the Republic Strengthening and Some Nepal Acts Amendment Act, 2066 (2010.). 64 Deleted by the Fifth Amendment.

22

governmental properties and documents in his or her possession or
custody,
(f) In case he or she willfully spreads panic or sends false alarm among
the police force personnel or the public with the intent to demoralize
or terrorize them at the time of attack or confrontation, or when there
is a possibility thereof.
33B.65 Others serious crimes: A police employee shall be punished with
imprisonment for a term of Ten years or to a fine not exceeding the total
amount of his or her Two years’ salary or with both if e or she commits
any of the following crimes:
(a) In case he or she takes or instigates any action by way of written or
spoken words, images and symbols or otherwise in such a manner as
to foment hatred, malice or contempt towards the Government of
Nepal or to prejudice the acts of the Government of Nepal and the
sovereignty or territorial integrity and identity of ………Nepal, or
attempts to do so,
(b) In case he or she indulges in or prepares to indulge in depredations
within the territory of any friendly nation the Government of Nepal
or extends any support or information to any person d ing so or
contacts such person with the intention of doing so,
(c) In case he or she runs away in a cowardly manner wh n confronted
by dacoits, smugglers, miscreants or hooligans, following their raid
on the station, post, guard-post, patrol, team or any other installation
or office to which he or she has been assigned or which he or she is
in charge of, or is required to defined or when he or she apprehends
such confrontation,
65 Inserted by the Third Amendment.

23

(d) In case he or she sells arms and ammunitions that belongs to the
government or any other person and are under his or her custody.
(e) In case he or she leaves his or her station, post guard-post, patrol,
picket, team, installation or office for the purpose of looting,
(f) In case he or she makes a criminal use of force against any employee
or attempts or threatens to do so, knowingly or having reason to
believe that such employee is of a higher rank, irrespective of
whether or not the latter is on duty,
(g) In case he or she fails to surrender promptly the letter of
appointment and arms and ammunitions, equipment, tools, materials,
cash, in-kind goods belonging to the government or any other
person, which were under his or her custody while he or she was in
office or to submit satisfactory particulars thereof, n receipt of
order from a superior officer or on termination of his or her service,
(h) In case he or she burgles a house or any other place with the intent to
loot, or loots property in any manner, or causes loss r damage
thereto,
(i) In case he or she shows cowardice while discharging his or her
duties.
34.66 Other crimes: A police employee shall be punished with imprisonmet
for a term not exceeding Five years or a fine not exce ding the total amount
of one year's salary if he or she commits any of the following offences:
(a) In case he or she willfully or carelessly damages, destroys, loses or
misuses the equipment, tools, materials, belts, uniforms and
equipment, medals, cash, stores, fuel etc that belong to the
66 Inserted by the Third Amendment.

24

government or any other person and were in his or her c arge, or
takes or hands over the same for his or her personal use or for the
use of others.
(b) In case he or she assaults, insults or criminally uses force against any
person who brings rations and other essential supplies to the camp or
uses force against him or her at any place.
(c) In case he or she disobeys the orders issued lawfully by a superior
police officer,
(d) In case he or she deserts the police force,
(e) In case he or she falls asleep at the place where he or she is posted as
a sentry or leaves it before the routine change of guard,
(f) In case he or she deserts his or her guard-post, icket, team or patrol
before the routine change of guard or without permission,
(g) In case he or she resigns or cases to discharge the duties of his or her
post without the permission of the officer empowered to appoint him
or her,
(h) In case he or she beats up a sentry or uses force against him or her or
attempts to do so,
(i) In case he or she refuges to accept the prisoner r any other
individual duly handed over to him or her while he or she was in
command of the guard-post, picket or patrol or in case he or she
releases any prisoner or individual under his or her custody, without
duly obtaining authority to do so, or carelessly lets such prisoner or
individual escape,

25

(j) In case he or she leaves the place or arrest or detention before the
detainee has been released by the person empowered to lease such
person,
(k) In case he or she feigns sickness or physical we kness or creates the
impression of being sick or weak,
(l) In case he or she willfully submits a false statement or report
regarding the number or condition of persons under command or
custody or of the money, arms and ammunition, outfit, equipment or
other materials belonging to such persons or to the Government of
Nepal, police or any other person joining the police force, or fails or
refuses to prepare or send such statement or report willfully or with
malafide intention or with recklessness,
(m) In case he or she participates in or addresses, rai es slogans, or
delivers speeches at meetings, processions or demonstrations
organized with a political motive,
(n) In case he or she unjustly harasses any person thr ugh arrogance or
intimidation or causes loss or damage to the property of any person.
34A. 67…………
35. Right to institute case under other Act not to be prejudiced: No
provision of this Act shall be deemed to have prejudiced the right to
institute a case under any other Act against any person who commits any
offense punishable under this Act or have such person punished under other
Act or make him or her liable to punishment in addition to that set forth in
this Act or with higher penalties. Provided that, no person shall be punished
twice for the same crime.
67 Repealed by the Third Amendment.

26

36.68 Establishment of Police Special Courts: (1) For the purpose of
disposing of cases relating to crimes punishable under this Chapter, there
shall be formed Police Special Courts of the following levels in relation to
police employees of ranks mentioned below:
(a) In relation to police employees of ranks ranging from
police constable to assistant police sub-inspector,
District Police Special Court,
(b) In relation to police employees of ranks ranging from
deputy police sub-inspector to deputy police
superintendent, Regional Police Special Court,
(c) In relation to police officers of ranks ranging from
police superintendent to above, Central Police Special
Court.
(2)69 The Home Ministry, the Government of Nepal shall form the
District Police Special Court, Regional Police Special Court and Central
Police Special Court under Sub-section (1), according to the need. In each
such court, there shall be three members, including o e police officer,
under the chairpersonship of an officer of the judicial service. In case the
person who is being subjected to action is a police officer, the special court
shall have no officer whose rank is lower than thatof the concerned person.
36A.70power to constitute a separate police special court: Notwithstanding
anything contained in Section 36, in case a deputy s perintendent of police
or officer of higher rank and a police employee of lower rank commit any
offense punishable under this Chapter in an organized manner, the
Government of Nepal may, by a Notification in the Nepal Gazette,
68 Amended by the Third Amendment. 69 Amended by the Fifth Amendment. 70 Inserted by the Third Amendment.

27

constitute a separate Police Special Court with original jurisdiction in
respect of the cases filed against them.
36B.71Appeal: (1) A person who is not satisfied with a decision made by the
police special court under Section 36 on a case relating to a crime
punishable under this Chapter may file an appeal with the Police Special
Court that is one level above it, within Thirty Five days.
(2) An appeal may be filed with the Government of Nepal against a
decision made by the Central Special Police Court as referred to in Sub-
section (2) of Section 36 ………72 or by the police special court as referred
to in Section 36A.
36C.73 Procedure of police special court: (1) The Police Special Court
formed under this Act shall determine its rules of procedures on its own.
(2) A case has to be filed within One year of the commission of any
offense punishable under this Chapter.
37. Immunity of police employee for acts committed in good faith
while discharging duties: The Chief District Officer or any police
employee shall not be liable to any punishment or payment of
compensation for any action taken by him or her in good faith while
discharging his or her duties under this Act or other laws in force or
exercising powers thereunder or carrying out decrees, orders or warrants
issued by a court.
38. Limitation for institution of case: No case may be instituted against the
Chief District Officer or any police employee in respect of any action taken
by him or her under this Act or the rules or regulations framed hereunder or
71 Inserted by the Third Amendment. 72 Deleted by the Fifth Amendment. 73 Inserted by the Third Amendment.

28

thinking that he or she was doing so in the exercis of the powers conferred
by the Act, rules or regulations or in respect of any ct done with the
intention of taking such action unless:
(a) One month has elapsed after the submission or dispatch by
registered post of a written notice to the Chief District Officer or the
police employee, explaining the reasons for filing the case and
mentioning the name and address of the defendant and his or her
attorney, if any, and a copy of such notice is submitted to the
Government of Nepal,
(b) The case is filed within Eight months of the occurrence of the cause
of action.
39. Power to frame rules and issue orders: (1) The Government of Nepal
may frame rules for implementing the objectives of this Act.
(2) Without prejudice to the generality of the power conferred by
Sub-section (1), the Government of Nepal may frame rul s to provide for
the following matters:
(a) Formation and classification of the police force.
(b) Inspection of the police force.
(c) Determining categories and numbers of arms, uniform
and other necessary equipment to be provided to the
police force.
(d) Prescribing location of camps for officers and
personnel of the police force.
(e) Establishment, management and administration of the
police force, in connection with its role as an
instrument,

29

(f) Allocation, deployment, activities and locations of the
police force.
(g) Specification of the duties of police employees of all
ranks and grades, as well as the methods and
conditions for exercising their powers and fulfilling
their duties.
(h) Arrangements for the police to detect and to repo t
them to the appropriate authority.
(i) Arrangements for making the police generally
competent, and checking the misuse and negligence of
their duties by the police.
(3) Subject to the rules and orders issued by the Government of
Nepal, the Inspector General of Police may issue ord rs in connections with
matters mentioned in Sub-section (2).

30




Schedule
................... has been appointed as an employee of the police force
under the Police Act, 2012 (1955), and he or she shall be entitled to the
powers, duties and facilities of the police employee.
Competent person issuing certificate