Criminal Law and Procedure
Criminal Law and Procedure
This domain tests the Muluki Criminal Code 2074 and the Criminal Procedure Code 2074: legality, mens rea, actus reus, attempt, abetment, joint liability, defences, punishment, investigation, bail, trial and appeal. Expect fact patterns requiring offence classification and procedural sequencing.
Core rules
- No punishment without a law in force at the time of the act.
- Criminal liability generally requires a prohibited act and a guilty mental state, unless the offence imposes strict liability.
- Attempt, abetment and common intention extend liability only within statutory limits.
- Defences include private defence, necessity, insanity and mistake, subject to statutory conditions.
- Procedure moves from FIR or complaint to investigation, arrest or summons, remand, charge sheet, trial, judgment and appeal.
Worked example
A instigates B to steal a motorcycle. B steals it. A is liable as an abettor, and B as principal offender. If B refuses and no theft occurs, A may still be liable for abetment only if the law punishes the attempted abetment; do not assume automatic liability. Bail is not a finding of innocence, and the seriousness of the offence and flight risk guide the court.
Traps
Do not confuse investigation with trial. A police report is not a conviction. Confessions and recoveries need legal scrutiny. Do not ignore statutory time limits for remand or charge sheet. Do not treat compounding as available for every offence; check the statute.