Nepal | May 26, 2020

Provisions in penal code bill to curb delays

• verdict implementation

Rupesh Acharya
Share Now:

Kathmandu, April 12

The penal code bill contains strict provisions against absconders.

The bill which was recently finalised by the Legislation Committee of the House, has proposed freezing the absconder’s movable assets, including bank balance, and attaching land and house property as well as share transactions.

Similarly the bill also proposes to seize the passport and the citizenship of the accused. The accused will not be able to purchase land property. “Even if the accused hides abroad, the new bill has proposed to serve summons where he/she is hiding and the court can deliver verdicts in absentia if the absconder does not present himself or herself before the court within the stipulated date,  said legislation committee member Rewati Raman Bhandari. He also said that the new provision was kept so that the culprit does not go unpunished just because the defendant or the absconder hides in a foreign land.

Another member of the committee Laxman Lal Karna said the Tarai had been victimised as the accused were hiding in India. “When a criminal case is filed against people, people from the entire village flee to India,” he added.

The penal code bill prohibits the arrest of any citizen without the court’s consent. There is however, an exception to this rule.

According to Bhandari, the bill proposes that law enforcement agents can arrest somebody and seek the court’s permission after the arrest if they believe that the accused could otherwise abscond.

The bill also proposes to penalise police personal who register the First Information Report from the victims or knowingly leave out significant evidence, place and things during investigation.

The bill also proposes to take FIR through email and other electronic media. “We wanted to have a provision for anticipatory bail, but the police leadership urged us not to do so because the police system is not ready for that” said Karna.

The bill also proposes to implement the court’s order within three to seven days. The bill also proposes departmental action or fine against those officials who delay or show reluctance to implement the court’s verdict or order. The bill also includes a provision of lottery system to finales ownership of any ancestral property which is claimed by two or more offsprings. The bill also proposes to take action against  surveyors or any other government employees who distort the measurement of any land or property

The bill has proposed to make government attorneys more powerful than the previous system by allowing them to intervene during the investigation period. “Government attorneys can alert the investigating officer if he/she feels that the investigating officer has left out any evidence or that the investigation is not proceeding in the right direction,” said Bhandari.

 


A version of this article appears in print on April 13, 2017 of The Himalayan Times.


Follow The Himalayan Times on Twitter and Facebook

Recommended Stories:

More from The Himalayan Times:

Nepal-India cyber war might get uglier

Kathmandu, May 25 On May 24, a hacker took down the website of Civil Aviation Authority of Nepal (CAAN) and placed an Indian flag along with a message on its home page. The hacker’s message read, “Just because we are silent and we don’t react doesn’t mean didn’t notice.” This is Read More...

Ranipokhari benefits from the lockdown

KATHMANDU: Reconstruction work of Ranipokhari -- a historical and archaeological monument -- has seen steady progress amidst the lockdown. There had been some difficulties in bringing the workers to the site and other issues of steady work pace, however, the reconstruction of the pond is expected Read More...

Prime Minister Oli extends greetings on Eid-al-Fitr

KATHMANDU: Prime Minister KP Sharma Oli has extended best wishes to Nepali Muslim community within and outside the country on the occasion of the Eid-al-Fitr festival today. The ninth month on the Islamic calendar is called 'Ramadan', during which, believers abstain from eating and drinking durin Read More...

Worldwide coronavirus cases cross 5.4 million, death toll nears 344,000

More than 5.40 million people have been reported infected with the novel coronavirus globally and 343,900 have died, according to a Reuters tally. The United States plans a massive testing effort involving over 100,000 volunteers and a half dozen or so of the most promising vaccine candidates i Read More...

Japan lifts Tokyo's state of emergency, eyes fresh stimulus

Japan to lift emergency for 5 remaining prefectures PM Abe's support rate at multi-year lows Stimulus plan to be funded by 2nd extra budget - Nikkei Package to consist mostly of financial aid programmes TOKYO: Japanese Prime Minister Shinzo Abe said on Monday that Japan will lift a s Read More...

Japan PM Abe: to lift state of emergency for all of Japan today

TOKYO: Japanese Prime Minister Shinzo Abe said on Monday that the state of emergency will be lifted for all of Japan, and that the country managed to get the spread of the virus under control in under two months. Social distancing curbs were loosened for most of the country on May Read More...

PM Oli to address the nation at 5:30pm today

KATHMANDU: Prime Minister KP Sharma Oli will address the nation on the current political situation and government's further plans to tackle coronavirus crisis in Nepal, at 5.30 pm today. According to PM Oli’s Press Advisor Surya Thapa, Nepal Television will broadcast the address live at 5:30 pm Read More...

Ministry confirms six new cases, one fatality, taking COVID-19 tally to 682

KATHMANDU: The Ministry of Health and Population has confirmed six new cases, in addition to the 72 identified earlier today, and one fatality, taking Nepal's Covid-19 tally to 682. The infections have been confirmed through tests carried out at Seti Provincial Hospital in Dhangadhi, Bheri Hospit Read More...