Dorjee Khando
As of today, 17th August 2018, the new laws in the government’s Civil and Criminal Codes are implemented. These new laws will be replacing the General Code, also known as Muluki Ain, which was first implemented by the first Rana Prime Minister Jung Bahadur. The laws that had stayed with us for 165 years has now been updated.
Here are some of the major changes in our law that everyone should be aware of.
“Anyone found guilty of murder after torturing or abducting or raping an individual; committing murder through poisoning of food; committing mass murder by hijacking air crafts and genocide, will face a life-term in prison.”
“This is the first time enforced disappearance of individuals has been criminalized. Anyone convicted of disappearing an individual will face 15 years of jail-term and Rs. 500,000 fine or both.”
“New privacy provisions outlined in the codes say violation of any individual’s right to privacy would result in up to three years imprisonment and fines in thousands of rupees. According to the provisions, listening to or recording a conversation between two or more people and photographing someone without their consent is now a criminal offense. Anyone found violating these rules faces one year in prison and a fine of Rs. 10,000 or both.”
“The maximum jail-term for anyone convicted of rape has been increased from 15 years to 20 years.”
“The existing conventional jail terms have been replaced by open prison, community service, and night prisons. However, only those who are convicted to face less than three years of imprisonment and are considered to have “decent conduct” will qualify for corrective justice measures.”
“All Nepalis can file a petition with the judicial or law enforcement institutions by going online. However, no institutions have updated their websites to incorporate the new system.”
“A medical practitioner would face an action equivalent to a murder charge if authorities determine that a patient lost their lives due to negligence during treatment. If reckless treatment leads to a patient’s disability, the medical practitioner would face three years behind bars and a monetary fine.”
“Until now, the marriage age for girls and boys were set at 18 years and 20 years respectively. The new law has increased the marriage age for girls, making it equal with that of boys.”
“Chhaupadi, the much-criticized Hindu practice that banishes women from their homes during menstruation and after birth, has been criminalized for the first time. Anyone who forces a woman to practice Chhaupadi will face three months in jail and Rs 3,000 fine, or both.”
“The new law says all farmers and herders should take full responsibility for their livestock. Leaving them out in the open will be a criminal offense punishable by three months in jail as well as fines.”
“Street begging has been banned completely. Anyone found begging or forcing someone to beg in the public places can face a jail term of one month and a year respectively. Authorities had already enforced a similar law inside the Pashupatinath temple premises earlier this year, but it hasn’t been fully implemented yet.”
“Until now, there were no laws that convicted athletes or businesses and individuals involved in match-fixing. According to the new Criminal Code, those found guilty of match-fixing will face five years in prison and Rs. 50,000 fine, or both.”
“Until now, only a wife could directly start a divorce by filing a case in court, making it more bureaucratic for a husband to initiate such proceeding. Starting Friday, both husband and wife can start the divorce proceeding from a court. The new law also says marital rape cape could lead to a legal divorce.”
“Anybody who encourages or is involved in religion conversion using any means would be booked under criminal offense and would face a jail term of five years and Rs 50,000 fine. Any foreigner found guilty of such practice will be deported within a week.”
“The new Criminal Code has stern provisions that affect lives in public places. One of the provisions bans organizing a torch rally (and holding a torch during protests) in public places—and those found violating this law will be jailed for six months.”
