Nepal - Revision history

IBJadmin at 09:04, 6 May 2025

2025-05-06T09:04:22Z

← Older revision		Revision as of 11:04, 6 May 2025
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	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for ~~Andorra~~ </h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Nepal </h2>
	* The Constitution of Nepal <ref>https://ag.gov.np/files/Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf		* The Constitution of Nepal <ref>https://ag.gov.np/files/Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf
	</ref>		</ref>

IBJadmin: /* Resources */

2025-05-06T08:34:57Z

Resources

← Older revision		Revision as of 10:34, 6 May 2025
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	==Resources==		==Resources==

			<li>Nepal Divorce Resource
			https://nepaldivorce.com
			<li>PDS Nepal
			https://pdsnepal.org
			<li>Wikipedia – Nepal
			https://en.wikipedia.org
			<li>Nepal Lawyer
			https://nepallawyer.com
			<li>NepLaws
			https://neplaws.com
			<li>Corporate Lawyers Association (CLA Nepal)
			https://cla.com.np
			<li>Facts and Details – Nepal
			https://factsanddetails.com
			<li>Global Regulation – Nepal
			https://global-regulation.com
			<li>Nepal Archives
			https://nepalarchives.com
			<li>Nepal Bar Council
			https://nepalbarcouncil.org.np
			<li>Bipin Adhikari – Nepal Law and Policy Expert
			https://bipinadhikari.com.np
			<li>Lawin Partners
			https://lawinpartners.com/publication/court-process-for-criminal-cases-in-nepal/
			<li>BWC Implementation
			https://bwcimplementation.org
			<li>Asian Legal Information Institute (AsianLII)
			https://asianlii.org
			<li>University of Melbourne – Law School
			https://law.unimelb.edu.au
			<li>Nepal Institute for International Cooperation and Engagement (NIICE)
			https://niice.org.np
			<li>ResearchGate
			https://www.researchgate.net
			<li>MyRepublica – Nagarik Network
			https://myrepublica.nagariknetwork.com
			<li>Asian Legal Resource Centre (ALRC)
			https://alrc.asia

IBJadmin: /* Rights in Prison */

2025-05-06T08:29:04Z

Rights in Prison

← Older revision		Revision as of 10:29, 6 May 2025
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	<li>'''Right to Humane Conditions of Confinement:'''		<li>'''Right to Humane Conditions of Confinement:'''
			<br>The Constitution of Nepal explicitly prohibits physical or mental torture, as well as cruel, inhuman, or degrading treatment of detainees. <u>Article 22(1) of the Constitution</u> states: ''"No person in detention shall be subjected to physical or mental torture, or be treated in a cruel, inhuman or degrading manner."''
			<br><br>Additionally, the Prison Management Bill emphasises the provision of basic human rights to all prisoners, including shelter, quality food, sanitation, employment, remuneration, health and treatment services, and special care for pregnant prisoners.

			<br>
			<br>
			<li>'''Immigrants' rights in detention'''
			<br>While specific provisions regarding immigrants in detention are not detailed in the provided sources, Nepal is obligated under international human rights law to ensure that all individuals, regardless of their immigration status, are treated humanely and their rights respected.
	<br>		<br>
	<br>		<br>

	<li>'''Right to Medical Care in Prison:'''		<li>'''Right to Medical Care in Prison:'''
			<br>The <u>Prison Management Bill</u> ensures that inmates receive necessary health and treatment services. This includes provisions for reproductive rights, allowing legitimate inmate couples to stay together for reproduction, and permitting inmates to register marriages with individuals outside the prison.


	<br>		<br>
	<br>		<br>
	<li>'''Right to Mental Health Care:'''		<li>'''Right to Mental Health Care:'''
			<br><u>The Prison Management Bill</u> provides that inmates above 65 years, those with disabilities, and those suffering from mental illness and other incurable diseases will receive special care in terms of food and health.

	<br>		<br>
	<br>		<br>
	<li>'''Restriction of rights:'''		<li>'''Restriction of rights:'''
			<br>While prisoners retain certain fundamental rights, some rights may be lawfully restricted due to incarceration. However, any such restrictions must align with both national and international human rights standards to ensure they are not arbitrary or excessive.
	<li>~~Visiting~~ rights and ~~telephone restrictions;~~		<br>

	<li>~~Television restrictions.</li>~~


	<br>		<br>
	<li>'''Rights of Special Populations:'''		<li>'''Rights of Special Populations:'''

	<ul><li>''Women'':		<ul><li>''Women'':
			<br><u>The Prison Management Bill</u> includes provisions for reproductive rights, allowing legitimate inmate couples to stay together for reproduction, and permitting inmates to register marriages with individuals outside the prison. Additionally, pregnant inmates are allowed to give birth outside the prison, and minors can stay with their mothers.

			<li>''Juveniles:''
	<li>''Juveniles:''		<br>While specific provisions regarding juvenile prisoners are not detailed in the provided sources, international human rights standards, which Nepal is obligated to uphold, require that juvenile prisoners be treated in a manner appropriate to their age and legal status.
			<li> ''GLBT Prisoners''
			<br>Specific provisions regarding GLBT prisoners are not detailed in the provided sources. However, Nepal's commitment to human rights obligates the state to ensure that all prisoners, regardless of sexual orientation or gender identity, are treated without discrimination.
			<li> ''Mentally ill Prisoners''
			<br><u>The Prison Management Bill</u> stipulates that inmates with mental illnesses will receive special care in terms of food and health. </ul>

	<br><br>		<br><br>

	==Resources==		==Resources==

IBJadmin: /* Court Procedures */

2025-05-06T08:21:06Z

Court Procedures

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 ==Court Procedures==
-<li>'''Pre-Trial:'''
+<table border="1">
 <br>
 <br>
 ==Rights in Prison==

IBJadmin: /* Pre-Trial Procedure */

2025-05-06T08:07:09Z

Pre-Trial Procedure

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	<li>''After Defendant is Formally Charged:'' Once charges are filed, any further interrogation must adhere strictly to legal standards, respecting the rights of the accused, including the right against self-incrimination and the right to counsel.		<li>''After Defendant is Formally Charged:'' Once charges are filed, any further interrogation must adhere strictly to legal standards, respecting the rights of the accused, including the right against self-incrimination and the right to counsel.
	<li>''Enforcing the Rules (Procedures to Protect Against Illegal Interrogation):'' The law mandates that confessions or statements obtained through coercion, torture, or improper means are inadmissible in court. Mechanisms are in place to investigate and address allegations of misconduct during interrogation.		<li>''Enforcing the Rules (Procedures to Protect Against Illegal Interrogation):'' The law mandates that confessions or statements obtained through coercion, torture, or improper means are inadmissible in court. Mechanisms are in place to investigate and address allegations of misconduct during interrogation.
			</ul>
	<br>		<br>
	<br>		<br>

IBJadmin: /* Pre-Trial Procedure */

2025-05-06T08:06:45Z

Pre-Trial Procedure

← Older revision		Revision as of 10:06, 6 May 2025
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	'''Police procedures'''		'''Police procedures'''

	<li>''Arrest, Search and Seizure Laws:''		<li> '''Complaint/Information'''
			<ul><li>''First Information Report (FIR):'' <br>The criminal process typically begins with the lodging of a First Information Report (FIR) by the victim or any informant. This report is registered at the nearest police station, detailing the commission of an offense. </ul>
			<br>
			<li>'''Arrest, Search and Seizure Laws:'''

			<ul><li>''Stops and Frisks:'' Police officers have the authority to stop and search individuals if they have reasonable suspicion of involvement in criminal activity. Such searches must be conducted with respect for individual rights and in accordance with legal provisions.
			<li>''Arrests:'' Arrests can be made with or without a warrant, depending on the nature of the offense. For cognizable offences, police may arrest without a warrant; for non-cognizable offences, a warrant is typically required.
			<li>''Pre-trial Detention:'' After arrest, the accused may be held in custody during the investigation. The law mandates that the accused must be presented before a judicial authority within 24 hours, excluding travel time, to determine the legality of the detention.
			<li>''Searches:'' Police are empowered to conduct searches of persons, vehicles, or premises if there is reasonable cause to believe that evidence related to a crime may be found. Searches of women must be conducted by female officers or in the presence of another woman.
			<li>''Enforcing the Rules (Exclusionary Rule, Nullity, and Other Procedures):'' While Nepalese law does not explicitly outline an exclusionary rule, evidence obtained through illegal means may be challenged in court, and its admissibility is subject to judicial discretion.

			</ul>
			<br>
			<li>'''Lineups and Other Identification Procedures'''
			<ul><li>''Lineups:'' The Act provides for identification parades (lineups) to enable witnesses to identify suspects. These procedures must be conducted fairly to prevent misidentification.
			<li>''Other Identification Procedures:'' Additional methods, such as photographic identification or voice recognition, may be employed as necessary, following legal protocols to ensure accuracy and fairness.</ul>


	<li>''Interrogation:''		<li>'''Interrogation:'''
			<ul><li>''Before Formal Charge in Court:'' During the investigation, police may interrogate suspects. The law prohibits the use of torture or coercion, and suspects have the right to remain silent and to legal counsel during questioning.
			<li>''After Defendant is Formally Charged:'' Once charges are filed, any further interrogation must adhere strictly to legal standards, respecting the rights of the accused, including the right against self-incrimination and the right to counsel.
			<li>''Enforcing the Rules (Procedures to Protect Against Illegal Interrogation):'' The law mandates that confessions or statements obtained through coercion, torture, or improper means are inadmissible in court. Mechanisms are in place to investigate and address allegations of misconduct during interrogation.

	<br>		<br>

IBJadmin at 15:25, 5 May 2025

2025-05-05T15:25:49Z

← Older revision		Revision as of 17:25, 5 May 2025
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	==The Legal system==		==The Legal system==
	Nepal's legal system is primarily based on civil law traditions, characterized by written statutes and codes. However, it also incorporates elements of common law, particularly in the application of judicial precedents. This hybrid system reflects the country's historical influences and legal evolution.		Nepal's legal system is primarily based on civil law traditions, characterized by written statutes and codes. However, it also incorporates elements of common law, particularly in the application of judicial precedents. This hybrid system reflects the country's historical influences and legal evolution.

			<br>

	==Legal Aid==		==Legal Aid==
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	<br>		<br>
	<br>		<br>

	==Source of Defendants Rights==		==Source of Defendants Rights==

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	<br>		<br><br>

	==Rights of the Accused==		==Rights of the Accused==
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	<br><u>Article 20(10)</u> provides that any person convicted shall have the right to appeal to a higher court, ensuring a mechanism for reviewing and potentially overturning wrongful convictions.		<br><u>Article 20(10)</u> provides that any person convicted shall have the right to appeal to a higher court, ensuring a mechanism for reviewing and potentially overturning wrongful convictions.
	<br>These constitutional provisions collectively ensure that accused individuals in Nepal are afforded due process and fair treatment within the criminal justice system.		<br>These constitutional provisions collectively ensure that accused individuals in Nepal are afforded due process and fair treatment within the criminal justice system.


	<br>		<br>
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	<br>		<br><br>

	==Means of Protecting and Enforcing Rights==		==Means of Protecting and Enforcing Rights==
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	'''Civil Actions:'''		'''Civil Actions:'''
	<br>Individuals in Nepal have the right to initiate civil actions to seek remedies for violations of their rights or to resolve disputes. The civil justice system provides a structured process for addressing grievances, ensuring that parties can present their cases and obtain appropriate relief. While specific procedural details are not provided in the available sources, the civil litigation framework in Nepal is designed to uphold the rule of law and protect individual rights through judicial intervention. This is supported by <u>Schedule 7, Item 1 of the Constitution of Nepal, 2015</u>, which lists "Criminal and civil work procedures and evidences and oath of office" under the concurrent powers of federal and provincial jurisdictions.		<br>Individuals in Nepal have the right to initiate civil actions to seek remedies for violations of their rights or to resolve disputes. The civil justice system provides a structured process for addressing grievances, ensuring that parties can present their cases and obtain appropriate relief. While specific procedural details are not provided in the available sources, the civil litigation framework in Nepal is designed to uphold the rule of law and protect individual rights through judicial intervention. This is supported by <u>Schedule 7, Item 1 of the Constitution of Nepal, 2015</u>, which lists "Criminal and civil work procedures and evidences and oath of office" under the concurrent powers of federal and provincial jurisdictions.



	<br>		<br>
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	<br>		<br>
			<br>
	==Rights in Prison==		==Rights in Prison==

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	<li>''Juveniles:''		<li>''Juveniles:''

			<br><br>

	==Resources==		==Resources==

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-05-05T15:22:02Z

Means of Protecting and Enforcing Rights

← Older revision		Revision as of 17:22, 5 May 2025
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	'''Exclusionary Rule:'''		'''Exclusionary Rule:'''
			<br>The exclusionary rule, which prevents evidence obtained through unlawful means from being admitted in court, is not explicitly codified in Nepal's legal system. However, the judiciary has the authority to determine the admissibility of evidence based on its legality and relevance, ensuring that evidence obtained in violation of constitutional rights may be deemed inadmissible. This aligns with the principles of a fair trial as enshrined in <u>Article 20 of the Constitution of Nepal, 2015</u>.


	'''Nullity of Procedure:'''		'''Nullity of Procedure:'''
			<br>Procedural nullity refers to declaring legal proceedings invalid due to significant procedural errors or violations. While specific provisions detailing nullity of procedure are not explicitly outlined in the available sources, Nepal's commitment to due process implies that substantial procedural violations could render proceedings void. The judiciary has the authority to assess and address such procedural irregularities to uphold the integrity of the legal process. This is in line with <u>Article 20(9) of the Constitution of Nepal, 2015, which ensures fair proceedings.</u>

			<br>
			<br>
			'''Motions'''
			<br>In Nepal's legal system, parties have the right to file motions or petitions to request specific rulings or orders from the court. These motions can address various procedural or substantive issues during legal proceedings. The ability to file motions ensures that parties can actively participate in the judicial process and seek remedies or clarifications as needed. This procedural aspect is governed by the <u> National Criminal Procedure (Code) Act, 2017.</u>
			<br>
			<br>
			'''Contempt'''
			<br>Contempt of court refers to actions that disrespect the court's authority or obstruct the administration of justice. In Nepal, the Supreme Court possesses the power to initiate contempt proceedings to uphold its dignity and ensure the proper functioning of the judiciary. According to <u>Article 126(2)(c) of the Constitution of Nepal</u>, 2015, the Supreme Court has the authority to try certain cases, including those related to contempt of itself and its subordinate courts. <br>Additionally, the <u>Contempt of Court Act, 2067 (2011),</u> once enacted, will provide specific provisions regarding contempt proceedings.
	<br>		<br>
	<br>		<br>
	'''Civil Actions:'''		'''Civil Actions:'''
	<br>		<br>Individuals in Nepal have the right to initiate civil actions to seek remedies for violations of their rights or to resolve disputes. The civil justice system provides a structured process for addressing grievances, ensuring that parties can present their cases and obtain appropriate relief. While specific procedural details are not provided in the available sources, the civil litigation framework in Nepal is designed to uphold the rule of law and protect individual rights through judicial intervention. This is supported by <u>Schedule 7, Item 1 of the Constitution of Nepal, 2015</u>, which lists "Criminal and civil work procedures and evidences and oath of office" under the concurrent powers of federal and provincial jurisdictions.


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	<br>		<br>
	<br>		<br>

	==Pre-Trial Procedure==		==Pre-Trial Procedure==

IBJadmin: /* Rights of Counsel */

2025-05-05T15:17:37Z

Rights of Counsel

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 ==Rights of Counsel==
+<li>'''Right to Provide Representation'''
 <br>

IBJadmin: /* Rights of the Accused */

2025-05-05T15:12:55Z

Rights of the Accused

← Older revision		Revision as of 17:12, 5 May 2025
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	<li> '''Right Against Unlawful Arrests, Searches and Seizures:'''		<li> '''Right Against Unlawful Arrests, Searches and Seizures:'''
			<br><u>Article 20(1)</u> guarantees that no person shall be deprived of personal liberty except in accordance with the law, safeguarding individuals against unlawful arrests, searches, and seizures.


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	<li>'''Right Against Unlawful Detention:'''		<li>'''Right Against Unlawful Detention:'''
			<br><u>Article 20(2)</u> mandates that any person arrested must be produced before a judicial authority within 24 hours, excluding travel time, ensuring protection against unlawful detention.

	<br>		<br>
	<br>		<br>
	<li>'''Right Not to be Tortured or Ill-Treated:'''		<li>'''Right Not to be Tortured or Ill-Treated:'''
			<br><u>Article 22</u> explicitly prohibits physical or mental torture, as well as cruel, inhuman, or degrading treatment of detainees, ensuring their protection against such acts.
	<br>		<br>
	<br>		<br>

	<li>'''Right to Medical Care:'''		<li>'''Right to Medical Care:'''
			<br><u>Article 35(1)</u> ensures every citizen's right to free basic health services from the State, which extends to individuals in detention, ensuring their access to medical care.

	<br>		<br>
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	<li>'''Right to be Informed of Charges:'''		<li>'''Right to be Informed of Charges:'''
			<br><u>Article 20(2)</u> ensures that any person arrested shall be informed of the grounds for such arrest, providing transparency and the ability to prepare an adequate defence.


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	<br>		<br>
	<li>'''Right to Presumption of Innocence:'''		<li>'''Right to Presumption of Innocence:'''
			<br><u>Article 20(6)</u> states that every person charged with an offence shall be presumed innocent until proven guilty, underscoring this fundamental principle of criminal justice.

	<br>		<br>
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	<li>'''Right Against Self-Incrimination:'''		<li>'''Right Against Self-Incrimination:'''
			<br><u>Article 20(4)</u> provides that no person accused of any offence shall be compelled to testify against themselves, safeguarding them from self-incrimination.

	<br>		<br>
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	<li>'''Right to Counsel and Effective Assistance:'''		<li>'''Right to Counsel and Effective Assistance:'''
			<br><u>Article 20(10)</u> ensures that every person shall have the right to consult with a legal practitioner of their choice from the time of arrest, guaranteeing effective legal assistance.

			<br>
			<br>
			<li> '''Right to Present a Defense'''
			<br><u>Article 20(5)</u> guarantees the right of an accused to be defended by a legal practitioner of their choice, ensuring they can present a defense.
	<br>		<br>
	<br>		<br>
	<li>'''Right to Due Process:'''		<li>'''Right to Due Process:'''
			<br><u>Article 20(1)</u> ensures that no person shall be deprived of personal liberty except in accordance with the law, upholding the principle of due process.

	<br>		<br>
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	<li>'''Right to Equal Protection of the Laws:'''		<li>'''Right to Equal Protection of the Laws:'''
			<br><u>Article 18(1)</u> guarantees that all citizens are equal before the law and are entitled to equal protection of the laws, ensuring non-discriminatory legal protection.


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	<br>		<br>
	<li>'''Right to Bail:'''		<li>'''Right to Bail:'''
			<br>While the Constitution does not explicitly mention the right to bail, the legal system permits bail based on the nature and severity of the offense, as outlined in various statutory laws.


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	<li>'''Right Against Ex Post Facto Prosecution:'''		<li>'''Right Against Ex Post Facto Prosecution:'''
			<br><u>Article 20(8)</u> ensures that no person shall be convicted for an act that was not punishable by law when committed, protecting against ex post facto prosecution.


	<br>		<br>
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	<li>'''Right Against Double Jeopardy:'''		<li>'''Right Against Double Jeopardy:'''
			<br><u>Article 20(7)</u> stipulates that no person shall be prosecuted or punished for the same offence more than once, safeguarding against double jeopardy.


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	<ul><li>Generally:		<ul><li>Generally:
			<br><u>Article 20(9)</u> guarantees the right to a fair trial by an independent, impartial, and competent court or judicial authority, ensuring justice is served fairly.


	<li>Right to a Trial by Jury:		<li>Right to a Trial by Jury:
			<br>Nepal's legal system does not provide for trial by jury; instead, cases are adjudicated by judges.


	<li>Right to a Speedy Trial:		<li>Right to a Speedy Trial:
			<br>While the Constitution does not explicitly mention the right to a speedy trial, undue delays can be challenged as violations of the right to fair proceedings under Article 20(9).


	<li>Right to an Impartial Judge:		<li>Right to an Impartial Judge:
			<br><u>Article 20(9)</u> encompasses the right to have cases heard by an impartial judge, ensuring unbiased adjudication. </ul>

			<br>
			<br>

	<li>'''Right to Language Interpretation:'''		<li>'''Right to Language Interpretation:'''
			<br><u>Article 20(2)</u> ensures that any person arrested shall be informed of the grounds for such arrest in a language they understand, implying the provision of interpretation services when necessary.

	<br>		<br>
	<br>		<br>
	<li>'''Right to Habeas Corpus:'''		<li>'''Right to Habeas Corpus:'''
			<br><u>Article 133(2)</u> empowers the Supreme Court to issue writs, including habeas corpus, to challenge unlawful detention, ensuring judicial oversight over custodial practices.
	<br>		<br>
	<br>		<br>

	<li>'''Capital Punishment:'''		<li>'''Capital Punishment:'''
			<br>Nepal abolished the death penalty in 1997, reflecting its commitment to human rights and humane treatment.


	<br>		<br>
	<br>		<br>
	<li>'''Right to Appeal:'''		<li>'''Right to Appeal:'''
			<br><u>Article 20(10)</u> provides that any person convicted shall have the right to appeal to a higher court, ensuring a mechanism for reviewing and potentially overturning wrongful convictions.
			<br>These constitutional provisions collectively ensure that accused individuals in Nepal are afforded due process and fair treatment within the criminal justice system.