Police custody rights in Nepal are the constitutional and statutory legal protections afforded to individuals during arrest and detention. These rights ensure due process, humane treatment, and access to legal counsel under the National Criminal Procedure Code.

In Nepal, these protections are primarily governed by the Constitution of Nepal (2015) and the National Criminal Procedure Code (2017). This guide outlines the specific legal frameworks that safeguard citizens against arbitrary arrest and inhumane treatment by law enforcement agencies.

Table of Contents

1. Governing Laws & Authority
2. Who is Protected? (Eligibility for Rights)
3. The Step-by-Step Process: Arrest to Custody
4. Comparison: Police Custody vs. Judicial Custody
5. Required Documents Checklist
6. Key Factors, Costs, and Legal Obligations
7. Timeline and Time Limits
8. Conclusion

Governing Laws & Authority

The legal framework regarding police custody in Nepal is stringent to prevent abuse of power. The primary statutes include:

• The Constitution of Nepal (2015): Specifically Article 20 regarding "Rights relating to Justice," and Article 21 regarding "Rights of the Arrested." These articles guarantee the right to counsel, the right to know the grounds of arrest, and protection against torture.
• National Criminal Procedure Code (2017): This is the operative law detailing the procedures of arrest, detention, and remand.
• Torture Compensation Act (1996): Provides for compensation to victims of torture while in custody.
• Regulatory Body: The Nepal Police is the enforcement agency, while the Attorney General and the Judiciary (Courts) oversee the legality of the detention.

Who is Protected? (Eligibility for Rights)

Under the Constitution and Criminal Procedure Code, custody rights apply universally. The following individuals are entitled to full legal protections during arrest and detention:

• Citizens of Nepal: All individuals regardless of caste, gender, or ethnicity.
• Foreign Nationals: Except in specific cases involving diplomatic immunity.
• Juveniles (Children): Individuals under the age of 18 are accorded special protections under the Children’s Act.
• Accused vs. Convicted: Both individuals merely accused of a crime and those convicted maintain fundamental human rights, though the scope of liberty differs.

The Step-by-Step Process: Arrest to Custody

Understanding the procedural flow is essential for protecting oneself or a loved one. The process in Nepal follows these distinct phases:

Phase 1: The Arrest

• Identification: The police officer making the arrest must be in uniform and clearly identify themselves.
• Communication of Grounds: The police must immediately inform the arrestee of the charges against them.
• Production of Warrant: In most cases, a warrant is required. However, police may arrest without a warrant for cognizable offenses (serious crimes like murder, theft, corruption).

Phase 2: Initial Detention and Rights

• Right to Inform Family: The police must allow the arrestee to inform a family member or a person of interest about their arrest (Section 49 of NCP).
• Right to Legal Counsel: The arrestee has the right to consult with a legal practitioner of their choice.
• Medical Examination: If requested or if visible injuries exist, the arrestee must undergo a medical examination.

Phase 3: Production Before Authority

• 24-Hour Rule: The police must produce the arrested person before the nearest judicial authority or court within 24 hours of arrest (excluding travel time).
• No Detention Beyond 24 Hours: Detaining a person beyond 24 hours without a court order is illegal.

Phase 4: Remand (Police or Judicial Custody)

• If investigation requires further detention, the police must present a request for remand to the court.
• The court decides whether the individual remains in Police Custody (for interrogation) or Judicial Custody (jail).

Comparison: Police Custody vs. Judicial Custody

It is vital to understand where an individual is held and why.

Type/Method	Description	Estimated Time Limit	Complexity/Conditions
Police Custody	The accused is held in a police station lockup for the purpose of intensive interrogation.	Generally 15-25 days maximum (as per court order).	High. Strict oversight required to prevent torture. Interrogation is the primary goal.
Judicial Custody	The accused is sent to a government prison (jail) under the authority of the court.	Can extend for the duration of the trial (months/years).	Moderate. Focus is on securing the accused's presence at trial, not interrogation.
House Arrest	Accused is detained in their own home. Rare in Nepal.	Determined by Court.	Low. Usually granted for medical reasons or in high-profile diplomatic cases.

Required Documents Checklist

When dealing with police custody, whether applying for bail or verifying detention, specific documents are required:

• Production Warrant: The legal document issued by the court authorizing police to hold the individual.
• Identity Proof: Citizenship card or Passport of the arrestee.
• Arrest Memo (Dahijoni): A written record prepared by police detailing the time and reason of arrest.
• Medical Report: Documentation of health status and any injuries prior to or during custody.
• Power of Attorney / Vakalatnama: Legal document authorizing a lawyer to represent the arrestee.
• Bail Bond: Financial guarantee documents required if applying for release on bail.

Key Factors, Costs, and Legal Obligations

Financial Costs

• Legal Fees: Hiring a criminal lawyer in Nepal varies widely based on experience and the complexity of the case, typically ranging from NPR 25,000 to several lakhs.
• Bail Amount: Determined by the court based on the severity of the crime. This is refundable upon appearance at trial.
• Litigation Costs: Court fees and administrative expenses.

Key Legal Factors

• Torture is Prohibited: Any confession extracted through torture, coercion, or inducement is inadmissible in court.
• Right to Silence: An accused cannot be compelled to be a witness against themselves.
• Presumption of Innocence: Until proven guilty, the accused is presumed innocent.

Timeline and Time Required

The duration of custody varies based on the stage of the legal process:

1. Initial Police Detention: Maximum 24 hours without a court order.
2. Police Remand (Interrogation): The court may grant police custody for up to 25 days generally, extendable in complex cases.
3. Judicial Custody During Trial: If not granted bail, the accused may remain in judicial custody for the duration of the trial. In Nepal, criminal trials can take 6 months to several years depending on the backlog of the court.
4. Habeas Corpus Petition: If a person is detained illegally, a writ petition can be filed; the court typically orders a response within a few days.

Conclusion

Navigating the police custody system in Nepal requires a firm understanding of the National Criminal Procedure Code and constitutional rights. While the state has the authority to detain, it is bound by strict legal obligations to protect the rights of the individual. Illegal detention, failure to produce a suspect within 24 hours, or custodial torture are serious violations.

If you or a loved one is facing police custody, do not delay. Time is of the essence in filing for bail or challenging an illegal arrest.

Contact our team of experienced criminal law advocates in Kathmandu today for a confidential consultation and immediate legal representation.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws in Nepal are subject to change, and specific case details vary. Please consult a qualified legal professional for advice on your specific situation.