Table of Contents
The Criminal Code 2074 (Muluki Foujdari Samhita) is Nepal's primary criminal law — replacing the criminal provisions of the old Muluki Ain that governed the country for over 150 years. Enacted in 2074 BS (2017 AD) and effective from 2075 Bhadra 1 (August 17, 2018), this code defines every criminal offence, prescribes punishments, and establishes the framework for criminal justice in Nepal. Whether you are a citizen, a foreign national, a business owner, or someone navigating family law matters like court marriage in Nepal, understanding the Criminal Code is essential — because several marriage and family-related acts are criminal offences under this law.
The Criminal Code 2074 (Muluki Foujdari Samhita 2074) is Nepal's comprehensive criminal law, effective since August 17, 2018. It replaced the criminal provisions of the Muluki Ain 2020. The Code covers all criminal offences from homicide to cybercrimes, prescribes imprisonment and fines, and includes family-related crimes: bigamy (Section 175 — up to 3 years), child marriage (Section 173 — 3 years + NPR 30,000), and forced marriage (Section 174). It works alongside the Criminal Procedure Code 2074 and is interpreted by the District Courts, High Courts, and Supreme Court.
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What Is the Criminal Code 2074?
The Criminal Code 2074 (Muluki Foujdari Samhita 2074) is Nepal's codified criminal law. It consolidates all criminal offences into a single statute organised into 24 chapters and over 225 sections. Key facts:
| Detail | Information |
|---|---|
| Full name | Muluki Foujdari Samhita, 2074 (मुलुकी फौजदारी संहिता, २०७४) |
| English name | National Criminal (Penal) Code, 2074 |
| Enacted | 2074 BS (2017 AD) by the Legislature-Parliament |
| Effective date | 2075 Bhadra 1 (August 17, 2018) |
| Replaced | Criminal provisions of Muluki Ain 2020 BS (1963 AD) |
| Companion law | Criminal Procedure Code 2074 (Muluki Foujdari Karyavidhi Samhita 2074) |
| Chapters | 24 chapters covering offences from crimes against the state to cybercrimes |
The Criminal Code works in tandem with the Muluki Civil Code 2074 (which governs marriage, property, contracts, and other civil matters) and the Criminal Procedure Code 2074 (which governs investigation, arrest, bail, trial, and sentencing procedures).
Major Differences From the Old Muluki Ain
The old Muluki Ain (2020 BS / 1963 AD) mixed civil and criminal law in a single statute. The 2074 reform separated them into four distinct codes:
| Old Law | New Laws (2074) |
|---|---|
| Muluki Ain 2020 (single combined law) | Civil Code 2074 — marriage, family, property, contracts |
| Criminal Code 2074 — criminal offences and penalties | |
| Civil Procedure Code 2074 — civil court procedures | |
| Criminal Procedure Code 2074 — criminal investigation and trial procedures |
Key improvements in the Criminal Code 2074:
- Modernised offences: Added cybercrimes, organised crime, money laundering, and human trafficking provisions that did not exist in the Muluki Ain
- Harsher penalties for sexual offences: Increased sentences for rape, marital rape criminalised, and stronger protections for minors
- Marriage-age reform: Minimum marriage age raised to 20 for both genders (previously 18 with consent); child marriage criminalised with specific penalties
- Victim-centric approach: Compensation provisions for victims, not just punishment for offenders
- Statute of limitations: Clear limitation periods for different categories of offences
- Gender-neutral language: Most offences apply regardless of gender (with specific exceptions for sexual offences)
Key Criminal Offences and Penalties
Offences Against Persons
| Offence | Section | Maximum Penalty |
|---|---|---|
| Murder (intentional homicide) | Section 177 | Life imprisonment |
| Attempt to murder | Section 178 | Up to 10 years imprisonment |
| Causing death by negligence | Section 179 | Up to 3 years imprisonment + compensation |
| Grievous bodily harm | Section 188 | Up to 5 years imprisonment |
| Simple assault | Section 190 | Up to 1 year imprisonment or fine |
| Kidnapping | Section 165 | Up to 10 years imprisonment |
| Human trafficking | Section 162 | Up to 20 years imprisonment |
Sexual Offences
| Offence | Section | Maximum Penalty |
|---|---|---|
| Rape | Section 219 | 8–15 years imprisonment (adult victim); life imprisonment (minor victim) |
| Marital rape | Section 219(2) | Up to 5 years imprisonment |
| Sexual harassment | Section 225 | Up to 3 years imprisonment or fine up to NPR 30,000 |
| Attempted rape | Section 220 | Half the sentence of the completed offence |
Property and Financial Crimes
| Offence | Section | Maximum Penalty |
|---|---|---|
| Theft | Section 203 | Up to 3 years imprisonment + recovery of property |
| Robbery/dacoity | Section 206 | Up to 10 years imprisonment |
| Fraud/cheating | Section 212 | Up to 3 years imprisonment or fine up to NPR 30,000 + recovery |
| Forgery | Section 214 | Up to 5 years imprisonment |
| Criminal breach of trust | Section 210 | Up to 3 years imprisonment or fine |
Family-Related Criminal Offences
The Criminal Code 2074 criminalises several acts directly related to marriage and family law — these are the provisions most relevant to readers of this site:
| Offence | Section | Penalty | Details |
|---|---|---|---|
| Child marriage | Section 173 | 3 years imprisonment + NPR 30,000 fine | Marrying a person under 20; applies to both parties and anyone who facilitates it (parents, priests, witnesses) |
| Forced marriage | Section 174 | Up to 3 years imprisonment + NPR 30,000 fine | Compelling any person to marry against their will through force, threat, or coercion |
| Bigamy | Section 175 | Up to 3 years imprisonment + NPR 30,000 fine | Marrying while a previous marriage remains legally valid and undissolved |
| Dowry-related offences | Section 176 | Up to 3 years imprisonment + NPR 30,000 fine | Demanding, giving, or taking dowry in connection with marriage |
| Domestic violence | Covered by DV Act 2066 | 3–6 months imprisonment or NPR 25,000 fine | Physical, mental, sexual, or economic violence within family; prosecuted under the Domestic Violence (Crime and Punishment) Act 2066 |
| Abandonment of spouse | Section 174(3) | Fine + maintenance order | Abandoning spouse or minor children without support |
For detailed guides on each family offence:
- Child marriage in Nepal: legal consequences
- Polygamy laws in Nepal (bigamy)
- Domestic violence law in Nepal
Cybercrimes and Modern Offences
The Criminal Code 2074, supplemented by the Electronic Transactions Act 2063, addresses modern offences that the old Muluki Ain never contemplated:
- Computer fraud and hacking: Unauthorised access to computer systems — up to 3 years imprisonment or fine up to NPR 300,000
- Identity theft: Using another person's digital identity — punishable under both the Criminal Code and Electronic Transactions Act
- Online defamation: Publishing false, defamatory content online — up to 2 years imprisonment
- Cyber harassment/stalking: Repeated unwanted electronic communication — punishable as harassment under relevant sections
- Distribution of obscene material: Publishing or distributing obscene content electronically — up to 5 years imprisonment
Punishments and Sentencing Framework
The Criminal Code 2074 provides a structured sentencing framework:
| Punishment Type | Description |
|---|---|
| Life imprisonment | Imprisonment for the natural life of the convict — reserved for the most serious offences (murder, trafficking, rape of a minor) |
| Imprisonment | Fixed-term imprisonment as specified per offence — ranges from days to 20+ years |
| Fine | Monetary penalty — varies by offence; some offences allow fine as alternative to imprisonment |
| Compensation | Court-ordered payment to the victim — in addition to other punishment, not as replacement |
| Community service | For minor offences — the court may order community service instead of imprisonment |
| Probation | Suspended sentence with conditions — available for first-time offenders of minor offences |
Aggravating factors that increase sentences: offence against a minor, elderly, disabled, or pregnant person; use of weapons; repeat offenders; offence committed by a person in a position of trust or authority.
Mitigating factors that may reduce sentences: first-time offence, provocation, cooperation with investigation, guilty plea, age of offender (under 18 or over 70).
Statute of Limitations
The Criminal Code imposes time limits on prosecution depending on the severity of the offence:
| Offence Category | Limitation Period | Examples |
|---|---|---|
| Offences punishable by life imprisonment | No limitation | Murder, rape of a minor, human trafficking |
| Offences punishable by 3+ years imprisonment | 3 years from the date of offence | Bigamy, child marriage, forgery, robbery |
| Offences punishable by 1–3 years | 2 years | Fraud, assault, sexual harassment |
| Offences punishable by less than 1 year | 1 year | Simple assault, petty theft, minor offences |
Important: If you are a victim of a crime, file the complaint within the limitation period. Once the period expires, the court cannot accept the case regardless of the evidence.
Rights of the Accused
The Criminal Code and Constitution of Nepal 2072 guarantee fundamental rights to anyone accused of a crime:
- Presumption of innocence — guilty only when proven beyond reasonable doubt
- Right to legal counsel — free legal aid if unable to afford a lawyer (Constitution Article 20)
- Right against self-incrimination — cannot be forced to testify against yourself
- Right to be informed of charges — must be told the specific offence and evidence
- Right to bail — for bailable offences; non-bailable offences require court order
- No double jeopardy — cannot be tried twice for the same offence
- Right to fair trial — open court, competent judge, right to cross-examine witnesses
- Maximum detention without charge: Police can detain for up to 25 days for investigation (with court extensions) before filing charges
Rights of Victims
The Criminal Code 2074 significantly strengthened victim rights compared to the old law:
- Right to compensation — court can order the offender to pay compensation to the victim
- Right to be heard — victims can present statements and evidence during trial
- Right to protection — victims and witnesses can request protection orders
- Right to information — victims must be informed of case progress and outcomes
- Special provisions for vulnerable victims — children, women, elderly, and disabled persons receive additional protections during investigation and trial
Difference Between the Civil Code and Criminal Code
| Aspect | Civil Code 2074 | Criminal Code 2074 |
|---|---|---|
| Subject matter | Marriage, family, property, contracts, inheritance | Criminal offences and penalties |
| Nature | Regulates private relationships | Punishes acts harmful to society |
| Burden of proof | Balance of probabilities | Beyond reasonable doubt |
| Outcome | Civil remedies: damages, injunctions, declarations | Criminal punishment: imprisonment, fines |
| Parties | Private parties (plaintiff vs defendant) | State vs accused (government prosecutes) |
| Marriage relevance | Registration, divorce, custody, property | Bigamy, child marriage, forced marriage, domestic violence |
In marriage matters, both codes apply: the Civil Code governs valid marriage, registration, and divorce, while the Criminal Code punishes criminal acts like bigamy, child marriage, and domestic violence.
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Frequently Asked Questions
The Muluki Ain 2020 BS (1963 AD) was replaced by four separate codes enacted in 2074 BS: the Civil Code, Criminal Code, Civil Procedure Code, and Criminal Procedure Code. All four became effective on 2075 Bhadra 1 (August 17, 2018). This separation modernised Nepal's legal framework.
Under Section 175 of the Criminal Code 2074, bigamy (marrying while a previous marriage is legally valid) is punishable by up to 3 years imprisonment and a fine of NPR 30,000. The second marriage is also void under the Civil Code Section 70.
Yes. Domestic violence is criminalised under the Domestic Violence (Crime and Punishment) Act 2066. Penalties include 3–6 months imprisonment or a fine of NPR 25,000. The act covers physical, mental, sexual, and economic violence within family relationships.
It varies: offences punishable by life imprisonment have no limitation. Offences with 3+ years imprisonment: 3-year limitation. Offences with 1–3 years: 2 years. Minor offences under 1 year: 1-year limitation. File complaints within these periods.
Yes, in specific circumstances: if caught committing a crime, if there is reasonable suspicion of a serious offence and risk of flight, or if a court order exists. For most offences, police should obtain a warrant. Warrantless arrests must be reported to a judge within 24 hours.
Under Section 212, fraud and cheating is punishable by up to 3 years imprisonment or a fine of up to NPR 30,000, plus recovery of the defrauded amount. If the fraud involves government funds or vulnerable persons, penalties may be enhanced.
Police can initially detain a person for 24 hours and must present them before a court. The court can authorise further detention of up to 25 days total for investigation in serious cases. Beyond that, charges must be filed or the person released.
The Civil Code 2074 governs private matters like marriage, property, contracts, and inheritance. The Criminal Code 2074 defines criminal offences and penalties. Both apply to marriage: Civil Code handles registration/divorce, Criminal Code punishes bigamy, child marriage, and forced marriage.
Yes. Persons under 18 are treated as juveniles and tried under the Children's Act and juvenile justice provisions. They receive reduced sentences, cannot be sentenced to life imprisonment, are detained in juvenile reform homes (not adult prisons), and their identity is protected.
Under Section 173, child marriage (involving a person under 20) is punishable by 3 years imprisonment and NPR 30,000 fine. This applies to both parties and anyone who facilitates the marriage — parents, guardians, priests, and witnesses can all be prosecuted.
Yes. Section 219(2) of the Criminal Code 2074 criminalises marital rape — non-consensual sexual intercourse within marriage is punishable by up to 5 years imprisonment. This was a significant reform; the old Muluki Ain did not criminalise marital rape.
Intentional murder under Section 177 is punishable by life imprisonment. Nepal does not have the death penalty — life imprisonment is the maximum sentence. Attempt to murder carries up to 10 years imprisonment under Section 178.
No. Nepal abolished the death penalty. The Constitution of Nepal 2072, Article 16 guarantees the right to life and prohibits capital punishment. Life imprisonment is the maximum penalty for the most serious crimes including murder, trafficking, and rape of a minor.
For most offences, complaints are filed with the police (FIR), and the government attorney prosecutes. For certain private offences, victims can file complaints directly in court. In domestic violence cases, victims can approach the police, court, or National Women Commission.
Official translations exist but the authoritative text is in Nepali. The Nepal Law Commission (lawcommission.gov.np) publishes both Nepali and English versions. For legal proceedings, the Nepali text prevails.
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