Chapter-11 Penalties

Chapter-11 Penalties
101. Penalties which may be imposed by Court Martial:

(1) The Court Martial may impose the following Penalties:
(a) Life imprisonment along with confiscation of entire property,
(b) Confiscation of his or her entire share of ancestral property,
(c) Imprisonment of upto Fourteen years,
(d) Removing from service without prejudicing eligibility for any governmental service in the future, or
dismissing with ineligibility for any governmental service in the future,
(e) Demotion to a lower rank,
(f) Freezing of promotion for Five years,
(g) Deduction of salary and allowances for Three months in case the offence has been committed in the course
of military action,
(h) Freezing of salary and allowances until the recovery of compensation,
(i) Freezing of salary increments for a period not  exceeding Two years,
(j) Warning (Nasihat).
(2) The following penalties shall be imposed for the following offences:
(a) Life imprisonment along with confiscation of entire property for the commission of offences as referred to
in Section 38, 39 or Clause (a) of Sub-section (1) of Section 42.
(b) A maximum Fourteen years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Section 40,
(2) Offences provided in Section 41 and Clause (a) of Section 45 during a military operations,
(3) Offences provided in Section 43 or 46 if committed intentionally,
(4) Offences provided in Clause (a) or (b) of Section 44 committed against a person while
discharging his/her duties during a military operation,
(5) Offences provided in Section 47.
(c) A maximum Ten years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Clauses (a) or (b) of Section 44 committed against a person not
during the military operation,
(2) Offences provided in Section 48, 49 or 50, (3) Offences provided in Clause (a) of Section 51
or Clause (a) of Section 52.
(d) The penalty of confiscation of entire property or maximum of Seven years of imprisonment shall be
imposed for the commission of offences provided in Clause (b) of Sub-section (1) of Section 42.
(e) A maximum of Seven years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Section 41 committed not during military operation,
(2) Offences provided in Section 46 that are committed unintentionally,
(3) Offences provided in Clauses (b), (c), (d), (e), (f) or (g) of Section 52,
(4) Offences provided in Section 43, 54 or 63.
(f) A maximum of Five years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Clause (c) of Section 44, (2) Offences provided in Clause (a) of Section 45
committed not during the period of a military operation,
(3) Offences provided in Clauses (b) or (c) of Section 51 or Sections 45, 56 or 57.
(g) A maximum Three years of imprisonment shall be imposed for the commission of offences provided in
Clauses (c) or (d) of Sub-section (1) of Section 42 or Sections 58, 59 or 60.
(h) A maximum of Two years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Clauses (e), (f), (g) or (h)
of Sub-section (1) of Section 42,
(2) Offences provided in Clause (b) of Section 45,
(3) Offences provided in Clause (h) of Section 52 committed by personnel below the rank of
officer while discharging duties during a military operation,
(4) Offences provided in Section 43 that are committed unintentionally,
(5) Offences provided in Section 61.
(i) A maximum of Six months imprisonment shall be imposed if a personnel below the rank of officer
commits offences provided in Clause (h) of Section 52 except in the period of military operation or while on
duty.
(j) A person who commits offences provided in Clauses (i) and (j) of Section 52 shall be removed from the
service.
(k) A person who commits offences provided in Clause (k) of Section 62 shall be barred from Two salary
increments or promotion for Two years.
(l) A person who attempts to commit such offences as referred to in Chapter-7 or induces another person to
commit such offences shall, unless there is specific provision in this Act, be imposed the following
penalties:
(1) A maximum of Fourteen years of imprisonment for attempting to commit an offence for which a
penalty of life imprisonment along with confiscation of entire property may be imposed,
and half of the maximum (range) imprisonment for other offences which have been attempted,
(2) Equal penalty for inducement (incitement) to commit an offence as imposed for committing
an offence,
(3) A maximum of Fourteen years of imprisonment for inducement to commit an offence which has
not been committed (completed), and half of the maximum (range) punishment for inducement
to commit any other offence which had not actually been committed (completed).
(3) If a person who committed an offence provided in Clause (b) of Sub-section (1) of Section 42 has absconded and is not found (traced) does not produce him/herself within Thirty Five days, his/her partition
share to ancestral property shall be frozen from being transacted. If such person does not appear him/herself or could be found through making a search within Three years, his/her partition share to ancestral property shall
be confiscated and auctioned, and the money therefrom shall be deposited to the Government Treasury.
(4) After confiscation of partition share to ancestral property, if the  offender is found, he/she may be imposed life imprisonment along with confiscation of the entire property.
(5) A person who is dismissed from service and disqualified for any governmental job in future pursuant to Clause (j) of Sub-section (2), shall not be paid his/her remaining salary or allowances and pension which
he/she is entitled and other facilities except the money accumulated in his/her provident fund.
102. Addition or reduction of penalty: (1) If a Court Martial convicts an accused of an offence as referred to in Chapter-7, the Court Martial, depending on the degree of penalty or offence mentioned in Sub-section (2)
of Section 101, may sentence a lesser penalty amongst the penalties mentioned in Sub-section (1).
(2) If a Court Martial imposes a penalty of removing from service without prejudicing eligibility for any governmental service in the future, or dismisses with ineligibility for any governmental service in the future
pursuant to Clause (d) of Sub-section (1) of Section 102, the Court Martial may impose one or more additional penalty as referred to in Clauses (e), (f), (g), (h), (i) or (k) of the same Sub-section.
(3) Before imposing a penalty as referred to in Clauses (a), (b) or (c) of Sub-section (1) of Section 101 to a person of an officer rank, he or she shall be imposed the penalty as referred to in Clause (d) of the same
Section.
103. A person accused of an offence may be convicted of other offences: (1) A person who has been accused of the following offences may be convicted and punished for the following offence by a Court Martial:
(a) A person accused of deserting may be convicted for attempted desertion or absence,
(b) A person accused of attempted desertion may be convicted for absence,
(c) A person accused of using criminal force may be convicted for the offence of attacking,
(d) A person accused of using threats may be convicted for the offence of using disrespectful language,
(e) A person who is accused of an offence provided in Clause (a) or (b) of Section 49 may be convicted for
the offence provided in Clause (c) of the same Section.
(2) If a person is an accused of serious offence which cannot be proved, a Court Martial may convict him/her for a lesser degree offence and punish him/her accordingly.
(3) If a person is accused of an offence provided by this Act, he/she may be convicted and punished for attempting or inducing to commit the same offence even if he/she has not been accused of attempting or inducing
to commit such offence.
104. Battlefield penalty: (1) If a person commits an offence provided in Sub- section (2) of Section 63, he or she may be imposed a penalty of detention or fatigue except causing any harm to the body.
(2) If a Sergeant (Hudda), Corporal (Amaldar) or Lance Corporal (Pyuth) is imposed a battlefield penalty, he or she shall be deemed to have been demoted to Sipahi.

105. Departmental action:

(1) Notwithstanding anything contained in Chapter-8 and this Act, if the person of the following rank who falls under
the jurisdiction of this Act commits an offence under this Act, one may, without convening a Court Martial, be subjected, taking into consideration the gravity of the offence, to the following departmental action by the
following officer:
(a) The commanding officer or the commander of the similar rank or other officer assigned by the Chief of
Army Staff upon approval from the Government of Nepal may order one or more than one departmental
actions mentioned below against a person who is other than the rank of Officer or Junior Commissioned
Officer:
(1) To hold in military custody upto Thirty days,

(2) To detain upto Thirty days,
(3) To detain in a line upto Thirty days,
(4) To place in additional guard duty or duties,
(5) To remove the duties being performed by
him/her or removing from the acting posts in
which he/she is serving,
(6) Freezing or reduction in the salary or allowances which were awarded for good
service, conduct or qualifications, (7) Subjecting to warning,
(8) Subjecting to fine upto an equivalent of Fourteen days payment in a month,
(9) Freezing of salary or allowances upto the recovery of a loss (compensation),
(10) Subjecting to Thirty days’ battlefield penalty during a military operation,
(11) Subjecting to battlefield penalties.
(b) The Chief of Division (Pritanapti) or the Brigadier (Bahinipati) or any other Pati of the same rank or any
other officer assigned by the Chief of Army Staff upon approval from the Government of Nepal may order
one or more than one departmental actions mentioned hereunder against an officer who is below the rank of
Senani or Junior Commissioned Officer (Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recovery of loses,
(4) Freezing of promotion upto One year,
(5) Removal of seniority upto One year.
(c) A Major General (Uparathi) or an officer of the similar rank or any other officer assigned by the Chief of Army Staff upon approval by the Government of Nepal may order one or more departmental actions mentioned below against a person of the rank of Lieutenant Colonel (Pramukh Senani) and officer below to this rank or Non-Commissioned Officers (Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recover of the losses,
(4) Freezing of promotion upto One year,
(5) Removing (deducting) of seniority upto One year.
(d) The officer assigned by the Chief of Army Staff or the commanding officer upon approval by the Government
of Nepal may try an army personnel of the rank of non-commissioned officer (Padik) who is accused of
an offence under this Act, and he/she may freeze the salary or allowances until the recovery of loss if he/she
is convicted.
(2) Prior to the order of departmental action as referred to in Sub- section (1), the concerned accused shall not be denied from the right to file an application for a trial by the Court Martial if he/she so desires.
106. Limit on departmental action: (1) While ordering a penalty provided in Clause (a) of Sub-section (1) of Section 105, the battlefield penalty provided in Sub-clauses (1), (2) and (3) shall not be added to it.
(2) Amongst the penalties provided in Sub-clauses (1), (2), (3) or (4) of Clause (a) of Sub-section (1) of Section 105, if a person is imposed more than one penalty, the penalties provided in Sub-clauses (3) or (4) shall
be added only after the completion of penalties provided in Sub-clauses (1) or (2).
(3) If more than one penalty provided in Sub-clauses (1), (2) or (3) of Clause (a) of Sub-section (1) of Section 105 is ordered, the total period of penalties shall not exceed Forty Five days.
(4) Personnel who are below the rank of non-commissioned officer (Billadar) shall not be imposed the penalty provided in Sub-clause (7) of Clause (a) of Sub-section (1) of Section 105.

107. Collective fine:

(1) If any equipment, arms or ammunition, bullets, parts  of arms of any company (Gulm) squadron, battery or other such units are lost or stolen, the Chief of Army Staff or Chief or the Corps (Chamu),
Division (Pritana) or Brigade (Bahini), upon receiving the report of the Court of Inquiry, may impose a collective penalty on all non-commissioned officers (Padik), Sergeants (Hudda), Corporals (Amaldar), Lance Sergeants
(Pyuth) of such unit or the persons whom he/she decides responsible thereto.
(2) Such a fine shall be reimbursed proportionately, from the salary  of personnel who are so fined