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Chapter-12 Offences and Punishment

 

  1. Prohibition on hatred, disregard or neglect: No person shall hate, disregard, neglect a person with disability, knowingly do any act that hurts his or her self-respect or make obstruction to or interference in the use of assistive materials to be used by a person with disability or snatch or disorder such materials.
  2. Prohibition on engagement in begging: No person shall engage a person with disability in begging.
  3. Punishment: (1) If any person does any act in contravention of sub-section (1) of Section 5 shall be liable to punishment with imprisonment for a term from one month to three months or with a fine of three thousand to ten thousand rupees or both penalties.

(2) If any person does any act in contravention of Section 53 shall be liable to punishment with imprisonment for a term from three months to nine months or with a fine of thirty thousand to ninety thousand rupees or both penalties.

(3) If any person does any act in contravention of Section 54 shall be liable to additional fifty percent punishment, in addition to the punishment that is imposable on a person who does begging or engages any one in begging pursuant to the prevailing law.

(4) Any person who entices, attempts to commit or becomes accomplice in the commission of any offence referred to in sub-section (1) shall be liable to half the punishment that is imposable on the principal offender.

(5) If a person who has been sentenced pursuant to sub-section (2) or (4) again does such an act, the person shall also be liable to an additional punishment by twenty percent of the punishment that is imposable pursuant to that sub-section.

(6) If any person violates the right of a person with disability conferred by this Act or fails to perform the responsibility towards him or her, the person shall be liable to punishment with a fine not exceeding fifty thousand rupees.

(7) Any person or the chief of any organization or body who does any act in contravention of this Act, other than that set form in the foregoing sub-sections, shall be liable to punishment with a fine not exceeding fifty thousand rupees.

  1. Limitation: A case has to be filed within three months from the date of the commission of the act in relation to the matter punishable under Section 55.
  2. Government of Nepal to be plaintiff: The Government of Nepal shall be plaintiff in a case punishable under sub-sections (1), (2), (3), (4) and (5) of Section 55, and such a case shall be deemed to have been included in Schedule-1 of the National Criminal Procedures Code, 2074.