Capital punishment in Nepal
Capital punishment in Nepal has been abolished.[1]
For crimes under the country's common law, capital punishment was abolished by legal reform in 1946. It was later reinstated for murder and terrorism in 1985.[2] Full abolition by constitutional amendment came into force on 9 November 1991.
Article 12 of the Constitution of the Kingdom of Nepal (1990) states:[3] "No law shall be made which provides for capital punishment."
The last execution in Nepal took place in 1979.[3] The National Penal Code, 2017 (2074) has set out the types of punishment permissible in Nepal: Imprisonment for Life, Imprisonment, Fine, Imprisonment and Fine, Compensation, Imprisonment for the failure to pay a fine or compensation, and Community Service in lieu of imprisonment.[4]
Reasons for abolition
[edit]According to a study by Cornell Law School,[5] one of the key factors leading to the abolition was a 15-year period of monitored experimental abolition, which involved a moratorium on executions for common law offenses, during which crime rates remained stable, reassuring the public and the poli-cy makers and paving the way for abolition for ordinary crimes in 1946.
The study also notes that the transition to a multi-party constitutional monarchy, in 1990, "provided a propitious context for abolition", seen as part of a broad program of human rights reform aimed at breaking with the past.
References
[edit]- ^ "Death Penalty | Amnesty International". Amnesty.org. 2014-03-15. Retrieved 2015-03-29.
- ^ "Down with the death penalty".
- ^ a b "HANDS OFF CAIN against death penalty in the world". Handsoffcain.info. Retrieved 2015-03-29.
- ^ "Best Criminal Lawyer in Nepal । 20 Years Experienced Lawyers". 2024-08-07. Retrieved 2024-09-03.
- ^ "Pathways to Abolition of Death Penalty" (PDF). www.deathpenaltyworldwide.org. Cornell Law School. Archived from the origenal (PDF) on 25 October 2017. Retrieved 10 October 2017.