Arrest in Nepal is the act of depriving a person of liberty by legal authority to ensure their presence for investigation or trial of a criminal offense. It is a severe measure used to maintain public order and administer justice.

In Nepal, this is governed by the Criminal Procedure Code, 2017 (2074) and the National Penal Code, 2017, alongside the fundamental rights guaranteed by the Constitution of Nepal. This guide outlines every legal requirement, step-by-step process, and citizen right regarding arrests within the jurisdiction of Nepal, including Kathmandu.

Table of Contents

1. Governing Laws & Authority
2. Who Can Initiate an Arrest? (Eligibility)
3. The Step-by-Step Arrest Process
4. Comparison: Types of Arrest in Nepal
5. Required Documents Checklist
6. Key Factors, Costs, and Maintenance
7. Timeline and Time Limits
8. Conclusion

Section 1: Governing Laws & Authority

The legal framework surrounding arrests in Nepal is strict to prevent the abuse of power by law enforcement agencies. The primary regulatory body is the Nepal Police, operating under the direction of the Ministry of Home Affairs and the judicial oversight of the courts.

Key Legislation

• The Constitution of Nepal (2015): Specifically Article 20 and Article 48, which guarantee the right against preventive detention, the right to counsel, and the right to be informed of the grounds of arrest.
• The Criminal Procedure Code (CrPC), 2017: The detailed operational manual for how arrests are made, handled, and the rights of the arrested person.
• The National Penal Code, 2017: Defines the criminal acts that warrant an arrest.

Section 2: Who Can Initiate/Apply? (Eligibility)

An arrest cannot be executed by just anyone. The law strictly designates who has the power to deprive a citizen of their liberty.

• Police Officers: Any police officer, including those in uniform or those with valid identification, has the authority to arrest individuals involved in cognizable offenses.
• Authorized Magistrates: A judicial magistrate or a judge may issue a written warrant for the arrest of an individual.
• Private Citizens (Citizen’s Arrest): Under Section 60 of the Criminal Procedure Code, a private person may arrest someone who commits a non-bailable and cognizable offense in their presence. They must immediately hand the individual over to the police.
• Probation Officers: In specific cases involving juveniles or probation violations, designated officers may initiate detention procedures.

Section 3: The Step-by-Step Process (The Core)

The arrest procedure in Nepal follows a strict legal timeline to protect the rights of the accused.

Phase 1: Preparation and Identification

• Receipt of Complaint: Police receive a formal complaint (FIR) or credible information regarding a cognizable offense.
• Issuance of Warrant: For non-cognizable offenses, police must approach a court to obtain an Arrest Warrant signed by a judge.
• Verification: The officer verifies the identity and location of the accused to ensure the correct person is apprehended.

Phase 2: Apprehension and Notification

• Physical Detention: The police officer physically restrains the individual. It is legally required that the restraint be proportionate and not excessive.
• Communication of Grounds: The arresting officer must inform the accused immediately of the reasons for the arrest (Article 20 of the Constitution).
• Display of Authority: If not in uniform, the officer must produce their identity card and, if applicable, the arrest warrant.

Phase 3: Post-Arrest Procedures

• The Arrest Memo (Girja): This is a critical document. The police must prepare a memo detailing the time, date, and location of the arrest. It must be signed by the police officer and the arrested person (or a witness if the accused refuses to sign).
• Production Before Authority: The arrested person must be produced before the nearest judicial authority or a police officer within 24 hours of the arrest (excluding the time necessary for the journey).

Section 4: Comparison Table

Understanding the different methods of arrest is essential for legal clarity.

Type/Method	Legal Basis	Estimated Time to Detain	Complexity/Cost
Warrant Arrest	Judicial Order (CrPC Section 59)	Immediate execution upon finding	High Complexity (Requires court approval); Low Cost for State
Warrantless Arrest	Cognizable Offense (CrPC Section 58)	Immediate	Low Complexity; Free for State
Citizen's Arrest	Private Person (CrPC Section 60)	Immediate handover to police	Medium Complexity (Legal risk for citizen); Free

Section 5: Required Documents Checklist

When an arrest takes place, specific documentation must be generated to ensure the procedure is legal and transparent.

• Arrest Warrant: The court order (mandatory for non-cognizable offenses).
• First Information Report (FIR): The initial complaint lodged with the police.
• Arrest Memo (Girja): Mandatory document recording the particulars of the arrest.
• Seizure Memo: List of any personal property or evidence seized from the accused at the time of arrest.
• Medical Examination Report: A mandatory health check-up of the accused to prove they were not subjected to torture (Section 50 of CrPC).
• Case Diary: The official log kept by the investigating officer.

Section 6: Key Factors, Costs, and Maintenance

Several factors come into play immediately following an arrest, regarding both the state and the accused.

Legal Obligations of the State (Maintenance)

• Health and Safety: The state is legally responsible for the health and safety of the detained individual.
• Torture Prohibition: Torture, custodial violence, or inhumane treatment are strictly prohibited under the Torture Compensation Act, 1996.

Costs for the Accused

• Bail Bond: If the offense is bailable, the accused must pay a security amount to the court to secure release.
• Legal Fees: Costs associated with hiring a legal practitioner (advocate) for defense.
• Surety: Often, a property guarantee or a guarantor is required alongside monetary bail.

Section 7: Timeline/Time Required

The Criminal Procedure Code of 2017 sets strict time limits to prevent illegal detention.

• Initial Detention Limit: 24 Hours. The police cannot hold a suspect for more than 24 hours without producing them before a judge.
• Judicial Remand (Investigation): If the investigation requires further detention, the police must request Judicial Remand from the court.
  • Standard Remand: Typically up to 15 days for general investigation.
  • Extended Remand: Can be extended up to 25 days total in complex cases, but only with judicial permission.
• Production Charge Sheet: Police must file a charge sheet within the statutory limit (usually 60 days for severe offenses) or seek an extension; otherwise, the accused may be entitled to default bail.

Conclusion

Navigating the arrest procedures in Nepal requires a deep understanding of the Criminal Procedure Code and Constitutional rights. While the Nepal Police have broad powers to arrest, these powers are balanced by strict requirements to protect the civil liberties of the accused. Knowing the difference between a warrant and warrantless arrest, the necessity of the Arrest Memo, and the 24-hour production rule is vital.

If you or a loved one is facing an arrest situation in Kathmandu or elsewhere in Nepal, it is imperative to seek professional legal assistance immediately. Delaying can impact the outcome of the remand hearing and the overall case strategy.

Call to Action: Need immediate legal defense advice? Contact a qualified criminal law advocate in Nepal today to protect your fundamental rights and ensure a fair legal process.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Laws are subject to change, and specific circumstances may alter the application of these regulations. Always consult with a licensed legal professional in Nepal for advice on specific legal matters.