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.