Nepal

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Background

Nepal, a landlocked nation in South Asia, is renowned for its rich cultural heritage and diverse geography, encompassing the Himalayan mountain range. In 2008, following a decade-long civil war and subsequent peace process, Nepal transitioned from a monarchy to a federal democratic republic. The promulgation of a new constitution in 2015 marked a significant milestone, establishing a federal structure and enshrining fundamental rights for its citizens.

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.

Legal Aid

State-Sponsored Legal Aid
The Government of Nepal provides legal aid services to individuals who cannot afford legal representation, aiming to ensure access to justice for all citizens. These services are facilitated through various governmental bodies and initiatives.

NGOs Providing Pro Bono Legal Aid
Several non-governmental organizations (NGOs) play a crucial role in offering pro bono legal aid in Nepal. Notably, the Public Defender Society of Nepal (PDS-Nepal) provides high-quality criminal defense legal aid services to poor and vulnerable individuals charged with crimes. With a team of dedicated defense lawyers, PDS-Nepal operates across multiple offices nationwide, including Kathmandu, Morang, Janakpur, Parsa, Makwanpur, Rupandehi, Nepalgunj, and Kanchanpur.

Number of Lawyers (Criminal/Civil) if Known
The Nepal Bar Association (NBA), established in 1956, is the parent bar association overseeing all bar units throughout Nepal. It has played a fundamental role in the development of the legal field in the country. While the exact number of lawyers specializing in criminal and civil law is not specified, the NBA's extensive membership indicates a substantial legal community.

Source of Defendants Rights

National Sources of Defendant’s rights:
Defendant's rights in Nepal are primarily derived from the Constitution of Nepal, which guarantees fundamental rights such as equality before the law, the right to legal representation, and protection against arbitrary detention.
Additionally, statutory laws, including the Muluki Ain (National Legal Code), outline specific procedural safeguards for defendants within the criminal justice system.

International Sources of defendant’s rights:
Nepal is a signatory to various international human rights treaties that influence defendant's rights, including the International Covenant on Civil and Political Rights (ICCPR). These international instruments obligate Nepal to uphold standards related to fair trial rights, protection against torture, and other fundamental freedoms within its legal framework.

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures:

Right Against Unlawful Detention:

Right Not to be Tortured or Ill-Treated:

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Counsel and Effective Assistance:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

• Generally:
• Right to a Trial by Jury:
• Right to a Speedy Trial:
• Right to an Impartial Judge:
• Right to Language Interpretation:
  
  
• Right to Habeas Corpus:
  
  
• Capital Punishment:
  
  
• Right to Appeal:
  
  

  Rights of Counsel

  
  

  Means of Protecting and Enforcing Rights

  Exclusionary Rule:

  
  

  Nullity of Procedure:

  
  
  
  Civil Actions:
  

  
  

  
  
  

  Pre-Trial Procedure

  Police procedures

• Arrest, Search and Seizure Laws:
• Interrogation:
  
  

  Court Procedures

• Pre-Trial:
  
  
• Oral Trial:
  
• Sentencing:
  
  
• Appeals:
  
  

  Rights in Prison

• Right to Humane Conditions of Confinement:
  
  
• Right to Medical Care in Prison:
  
  
• Right to Mental Health Care:
  
  
• Restriction of rights:
• Visiting rights and telephone restrictions;
• Television restrictions.


• Rights of Special Populations:
  • Women:
  • Juveniles:

    Resources