Skip to contentSkip to left sidebar Skip to footer

Author: Editor NLC

Chapter-12 Miscellaneous

  1. To obtain consent of guardian or curator: Notwithstanding anything contained elsewhere in this Act, if the matters mentioned in this Act that they may be published or privacy may be disclosed with the consent of the concerned person are related to the person who has not attained the age of eighteen years or who is of unsound mind or who has intellectual disability, such matters may be published or privacy thereof be disclosed only when his or her guardian or curator gives consent and if it benefits him or her while publishing such matters or disclosing privacy related to them.

34        Not to deem to be a bar: (1) Nothing contained in this Act shall be deemed to bar the doing of the following in relation to the person mentioned in sub-section (2):

(a)        To obtain any notice or information in the course of court proceedings,

(b)        To obtain any personal information or details from any person, regarding investigation or prosecution of any offence under the law,

(c)        To publish his or her details relating to property under the prevailing law,

(d)       To publish by the body concerned, his or her details disclosing the identity including educational qualification, citizenship, passport, driving license,

(e)        Except for the matters prohibited by the prevailing law relating to the press and newspapers and national broadcasting, to publish or broadcast or make public any notice, information, data, news, picture obtained or collected in course of maintaining public welfare and transparency or conducting investigative journalism, in any manner, without making it contrary to the basic norms of privacy of the person,

(f)        To publish or transmit opinion, thoughts publicly expressed by him or her or audio-visual and picture captured in a publicly organized program,

(g)        To make fair comments, along with the basis, reason or evidence, about the details related to his or her property or the details referred to in clause (d) or the opinion, views expressed publicly by him or her or details related to his or her public function.

(2) For the purposes of sub-section (1), the term “person” means the following persons:

(a)        A person holding a public post,

(b)        A person involved in the formal process of being appointed, nominated or elected to a public post, or recommended for such a post,

(c)        A person retired from the service or relieved of a public post,

(d)       A person known publicly or who may be one of the public interest or concern,

(e)        A person who so appears that it is required to transmit a notice or information to the general public, owing to public welfare, decency or morality or regarding the act that has been done or about to be done against the law.

  1. Not to act contrary to this Act: The body which transmits any public information shall transmit such information in a manner not to be contrary to this Act.
  2. Power to frame Rules: The Government of Nepal may frame necessary Rules in order to implement this Act.

Chapter-6 Victim Protection Suggestion Committee

 

  1. Victim Protection Suggestion Committee: (1) There shall be a Victim Protection Suggestion Committee as follows, for making suggestions to the Government on the protection of the rights and interests of the crime victims:

(a)        Attorney General                                                        -Coordinator

(b)        Chairperson, Nepal Law Commission                        -Member

(c)        Secretary, Government of Nepal, Ministry of Finance                                                                                                                       -Member

(d)       Secretary, Government of Nepal, Ministry of

Law, Justice and Parliamentary Affairs                      -Member

(e)        Inspector General of Police, Nepal Police                  -Member

(f)        One expert designated by the Government of Nepal

from among the persons who have made significant

contribution in the field of victimology or criminal justice                                                                                        -Member

(2) The tenure of the member referred to in clause (f) of sub-section (1) shall be of five years.

(3) Notwithstanding anything contained in sub-section (2), the Government of Nepal may at any time remove the member referred to in clause (f) of sub-section (1) if he or she has incompetence or bad conduct or fails to perform his or her duties honestly.

Provided that prior to so removing from the office, he or she shall not be deprived of an opportunity to submit his or her clarification.

  1. Functions of the Victim Protection Suggestion Committee: (1) The functions of the Victim Protection Suggestion Committee shall be as follows:

(a)        To make suggestions to the Government of Nepal as to the improvement and revision to be made in the existing law for the protection of the rights and interests of the victims,

(b)        To make suggestions to the Government of Nepal as to the policy measures to be adopted by the Government of Nepal for the security of the victims and mitigation of damage and adverse effects sustained by the victims from the offence,

(c)        Where Nepal is to become a party to an international treaty or agreement related to the rights of the victims, to make recommendation to the Government of Nepal to that effect, along with the reason,

(d)       To make suggestions to the Government of Nepal to operate such particular service as is necessary upon identifying the needs of the victims.

(2) Having regard also to the suggestions of the Victim Protection Suggestion Committee, the Government of Nepal shall operate the services including relief, social rehabilitation, counseling, financial, physical, social, legal aid/support for the security, protection of the rights and interests of the crime victims, and for mitigating the damage, negative impact and effect sustained or to be sustained by the victims due to the offence.

  1. Meeting allowance: The coordinator and members of the Victim Protection Suggestion Committee shall get such meeting allowance as prescribed by the Government of Nepal for participating in the meeting of the Committee.

 

Chapter-7 Miscellaneous

 

  1. To provide from the Fund: The victim shall be provided compensation in a reasonable amount from the Fund for the damage sustained as a result of any offence committed by a perpetrator who does not have to bear the criminal liability due to his or her age, mental unsoundness, diplomatic immunity and any other reason.
  2. To claim for compensation: While making prosecution in any offence, the victim of first grade, victim of second grade and family victim shall have to make an explicit claim for compensation to be obtained by them.
  3. To provide information: The concerned body or authority who is involved in the proceedings of such matters or who maintains the records of such information or who has the access to such information shall provide such information to the body or authority who has the duty to provide information to the victim pursuant to this Act.
  4. To give a notice of final hearing: (1) Notwithstanding anything contained in the prevailing law, the court shall give a notice of final hearing of the case related to the offence to the concerned Government Attorney Office in advance of at least seven days.

(2) After receiving information pursuant to sub-section (1), the Government Attorney Office shall, as promptly as possible, give information of final hearing to the concerned victim to the extent possible.

  1. Modes of giving notice to the victim: The concerned body or authority who has the duty to give a notice to the victim pursuant to this Act may give it in writing, orally, by telephone or electronic means so that it will remain in the record, as required.
  2. Power to appoint representative: For the enjoyment or enforcement of the rights of the victim conferred by this Act, the victim may appoint his or her representative or attorney pursuant to the prevailing law, and when so appointed, the victim shall be deemed to have enjoyed or enforced his or her rights through such a representative or attorney.
  3. Power to frame Rules: The Government of Nepal may, in consultation with the Committee, frame necessary rules for the implementation of the objectives of this Act.
  4. Power to make directives: The Government of Nepal may, subject to this Act or the Rules framed under this Act, make necessary directives in relation to the provision of compensation to the victims.

6A.    Prohibition on making registration and issuing certificate:

(1) Notwithstanding anything contained elsewhere in this Act, it is prohibited to register any personal events including marriages which are void under the prevailing and issue certificates thereof.

(2)        If it is requested for the registration of any personal event pursuant to sub-section (1), separate records of the event shall be maintained and the matter shall be submitted to the concerned body or authority to take action in relation to that matter in accordance with the prevailing law.

(3)        Nothing contained in this Section shall prejudice the matter requiring registration of the birth of an infant born as a consequence of the marriage that is void.