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Chapter-6 Offences and Punishment

Chapter-6 Offences and Punishment
33. 61 ………….
33A. 62 Serious crimes : A police employee shall be imprisonment for life or for 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, an armed rebellion in the police force or participates in such rebellion or 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 thereof 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 surrendering the police station, post, patrol, etc. and the arms and ammunition and other 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 he 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 doing so or contacts such person with the intention of doing so,
(c) In case he or she runs away in a cowardly manner when 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,
(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, on 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 or 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 imprisonment for a term not exceeding Five years or a fine not exceeding 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 government or any other person and were in his or her charge, 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, picket, 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 or 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,
(j) In case he or she leaves the place or arrest or detention before the detainee has been released by the person empowered to release such person,
(k) In case he or she feigns sickness or physical weakness 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, raises slogans, or delivers speeches at meetings, processions or demonstrations organized with a political motive,
(n) In case he or she unjustly harasses any person through 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.
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 one 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 that of the concerned person.
36A. 70 power to constitute a separate police special court : Notwithstanding anything contained in Section 36, in case a deputy superintendent 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, constitute a separate Police Special Court with original jurisdiction in respect of the cases filed against them.
36B. 71 Appeal : (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
thinking that he or she was doing so in the exercise of the powers conferred
by the Act, rules or regulations or in respect of any act 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 rules 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,
(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 report
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 orders in connections with
matters mentioned in Sub-section (2 ).

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