Criminal Law and Procedure
Foundations
The Criminal Code 2074 and Criminal Procedure Code 2074 (in force 1 Bhadra 2075) codify offences and process. Core principles: legality (no offence or penalty without law), no retrospective punishment, presumption of innocence, and proof by the prosecution beyond reasonable doubt.
Arrest and detention
An arrested person must be informed of the grounds, allowed to consult a lawyer, medically examined where required, and produced before court within 24 hours, excluding time reasonably needed for the journey. Women are searched by women; children under 18 follow Juvenile Justice Act 2075 procedures, with 10 years as the age of criminal responsibility.
Process chain
First information → investigation (search, seizure, statements, expert evidence) → charge sheet or release → bail hearing → trial → judgment → appeal. Bail is the rule for lesser offences; for offences punishable by life imprisonment the Code permits bail only in defined situations such as minors, pregnant women or serious illness, subject to court discretion.
Worked example
‘A suspect is arrested at 6 p.m. Monday, 40 km from court, and reaches court Tuesday evening.’ Twenty-four hours runs to 6 p.m. Tuesday; add only genuinely necessary travel. Arrival at 8 p.m. Tuesday with two documented travel hours is lawful; arrival on Wednesday is not, and habeas corpus lies.
Traps
- Confusing the first information report with the charge sheet - different stages, different documents.
- Importing ‘balance of probabilities’ (the civil standard) into criminal proof.
- Quoting penalty figures from memory; reason to the provision instead.