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NE POST: Law, Constitution, and Policing

NE POST · Work through your exam, one topic at a time.

All guide sections

Law, Constitution, and Policing

What is tested

This section tests the Constitution of Nepal 2072, fundamental rights, the police legal framework, criminal procedure, human rights and police organisation. Questions combine bare-act knowledge with applied policing situations.

Core rules

  • The Constitution of Nepal was promulgated on 20 September 2015 (3 Ashoj 2072). It has 35 parts, 308 articles and 9 schedules.
  • Fundamental rights are in Part 3 (articles 16–46), including the right to live with dignity, equality, freedom, and the right against torture.
  • Article 20 guarantees fair trial: grounds of arrest must be informed, a lawyer may be consulted, and the detained person must be produced before a judicial authority within 24 hours, excluding travel time.
  • The five writs are habeas corpus, mandamus, certiorari, prohibition and quo warranto.
  • Nepal Police is under the Ministry of Home Affairs, headed by the Inspector General of Police. Ranks run IGP → AIG → DIG → SSP → SP → DSP → Inspector → Sub-Inspector → ASI → Head Constable → Constable.
  • The Nepal Police Act 2012 BS provides the statutory basis for police duties, arrest and investigation.

Worked example

A suspect is held at a police station for three days without being produced before a court. Which constitutional right is violated? Reasoning: The facts point to detention without judicial supervision. Article 20 requires production before a judicial authority within 24 hours, excluding travel time. The violation is of the right to justice/fair trial under Article 20, not merely a procedural irregularity.

Traps

  • Confusing fundamental rights with directive principles.
  • Mixing the 24-hour rule with the 48-hour or 72-hour rules from other systems.
  • Jumbling police ranks, especially SSP/SP and DIG/AIG.
  • Treating a writ as an ordinary appeal.