Table of Contents
Nepal made history by becoming one of the first countries in the world to constitutionally guarantee the rights of crime victims as a fundamental right. The Crime Victim Protection Act, 2075 (2018), enacted by the Federal Parliament on 2075/06/02 (18 September 2018), implements Article 21 of the Constitution of Nepal and establishes a comprehensive framework for protecting crime victims throughout the criminal justice process.
This guide provides a detailed analysis of the Act, including victim classifications, rights, compensation mechanisms, and the institutional framework for victim protection.
Overview and Objectives
The Crime Victim Protection Act, 2075 came into force immediately upon its enactment. The preamble states the Act's primary objectives:
- Make necessary provisions for the protection of rights and interests of victims
- Provide compensation to victims for damage sustained as a result of offenses
- Reduce adverse effects caused to crime victims
- Ensure victims' right to information about investigation and case proceedings
- Guarantee justice along with social rehabilitation and compensation
- Implement the constitutional right of crime victims to justice (Article 21)
Constitutional Foundation
The Act implements Article 21 of the Constitution of Nepal, 2072, which provides:
Article 21 - Right of Victim of Crime:
- A victim of crime shall have the right to get information about the investigation and proceedings of a case in which he or she is the victim.
- A victim of crime shall have the right to justice including social rehabilitation and compensation in accordance with law.
Nepal became a pioneer by constitutionally guaranteeing victim rights as fundamental rights, making this legislation particularly significant in the global context of victim justice.
Key Definitions (Section 2)
The Act provides comprehensive definitions that form the foundation of its protective framework:
Categories of Victims
| Category | Definition |
|---|---|
| Victim of First Grade | A person who has died or sustained damage as a direct result of an offense committed against them. Also includes persons not involved in the offense who died or sustained damage while:
|
| Victim of Second Grade | A person who was not involved in the offense against the first grade victim but had to bear damage because of being an eyewitness. Includes:
|
| Family Victim | The victim's mother, father, husband, wife living in the undivided family of the victim, or other member of the undivided family dependent on the victim, who is not involved in the offense against the first grade victim who has died as a direct result of the offense |
| Victim (Combined) | An individual who is the victim of first grade, victim of second grade, or family victim |
Definition of Damage (Section 2(m))
The Act defines "damage" as harm caused to the victim as a direct result of the offense, including:
- Grievous hurt
- Pregnancy due to rape
- Communicable disease recognized by medical sciences causing adverse impact on physical/mental health or life
- Mental anxiety, emotional trauma or damage identified by medical doctor
- Destruction or serious damage to physical, intellectual, sexual, or reproductive capacity
- Adverse impact on social, cultural, or family prestige due to rape
- Psychological or psychiatric damage (effect detected by medical test, not recovered in short period, inflicting negative effect on health)
- Financial or physical damage
- Disfigurement (making physical beauty ugly)
Other Important Definitions
| Term | Definition |
|---|---|
| Court | A court authorized by prevailing law to try and settle any offense, including other judicial authorities or bodies authorized to try specific types of cases |
| Offense | An offender offense in which the government is plaintiff pursuant to law, and the victim has died or has to bear damage |
| Offender | A person convicted by the court of an offense |
| Fund | The Victim Relief Fund established pursuant to law |
| Minor | A person who has not attained the age of eighteen years |
| Guardian | The guardian of a victim who remains as such or is appointed pursuant to prevailing law |
Who Is Not Deemed a Victim (Section 3)
Certain persons who sustained damage or died in specific circumstances are not considered victims under this Act:
- While exercising private defense (protecting body, life, property, or chastity) pursuant to prevailing law
- While acting as a security employee deputed/deployed by competent authority in course of performing duties
- While acting as an investigating authority with jurisdiction under prevailing law during investigation
- Any act done where criminal liability need be borne pursuant to prevailing law
Important Exception: Even if the criminal liability of the perpetrator need not be borne due to age, mental unsoundness, diplomatic immunity, or position-based immunity, it shall still be deemed that such person has committed the offense, and the concerned person shall be deemed a victim.
The Government of Nepal may still provide relief to persons who sustained damage or died in the above circumstances despite not being deemed victims under the Act.
Rights of Victims in Criminal Justice Process (Chapter 2)
The Act guarantees comprehensive rights to crime victims throughout the criminal justice process:
Section 4: Right to Fair Treatment
The victim shall have the right to enjoy decent, fair, dignified, and respectful treatment during the criminal justice process.
Section 5: Right Against Discrimination
No discrimination shall be made on grounds of:
- Religion, colour, gender, caste, ethnicity
- Origin, language, marital status, age
- Physical or mental unsoundness, disability
- Ideology or similar grounds
Special treatment may be accorded to minors, senior citizens, or persons with physical/mental disability when their particular needs must be considered.
Section 6: Right to Privacy
Victims have the right to privacy during investigation, enquiry, prosecution, and court proceedings in the following offenses:
- Rape
- Incest
- Human trafficking
- Sexual harassment
- Other criminal offenses prescribed by Government in Nepal Gazette
No person shall disclose the identity of the victim in any manner in these offenses.
Privacy Protection Measures
When executing deeds, taking statements or depositions in such cases, if the victim desires:
- Present the victim without disclosing identity
- Make the victim change actual voice
- Use audio-visual dialogue technology so accused cannot see and hear
- Arrange so accused cannot see victim or can only hear
Section 7: Right to Information Relating to Investigation
Upon demand, the investigating authority shall provide information on:
| # | Information to be Provided |
|---|---|
| a | Medical, psychological, psychiatric, social, legal or other services/counseling available |
| b | Name and full address of the prosecuting body |
| c | Name, office, and telephone number of investigation authority |
| d | Progress report of investigation and enquiry |
| e | Name, age, address, and complexion of the suspect |
| f | If suspect is arrested, description thereof |
| g | Matters expressed by suspect or others before investigating authority |
| h | If suspect absconded from custody or rearrested, description thereof |
| i | If investigating authority releases remanded/arrested person, description |
| j | General information about investigation and enquiry processes |
Exception: Information under clauses (d), (e), (f), (g), and (h) need not be provided if it would adversely affect investigation or pose threat to body, life, and property of suspect or associated persons. The authority must inform the victim of reasons for non-disclosure.
Section 8: Right to Information Relating to Prosecution
The prosecuting body shall provide information on:
- Grounds and reasons if decision made not to institute case
- Name, surname, address of persons against whom case not instituted, with grounds
- Certified copy of charge-sheet if case instituted
- General information on court proceedings
- Additional claims made pursuant to prevailing law
- Role as witness if victim is also eyewitness
- If absconding accused arrested or voluntarily appears
- If Government decides to withdraw the case
Section 9: Right to Information Relating to Judicial Proceedings
The prosecuting body, court, or concerned body shall provide information on:
- Whether accused must remain in detention for trial
- If accused released from detention
- Date, venue, and time of court hearings
- Bail applications and orders thereon
- Terms and conditions for release on bail/guarantee
- Appeals against bail orders and decisions
- If accused escapes detention and is rearrested
- Conditions of supervision if released on supervision
- Punishment imposed and completion period
- If offender absconds before serving sentence
- If punishment pardoned, postponed, changed, or reduced
- Name and address of prison where offender serving sentence
- If offender gets probation, parole, community service, or open prison
- Whether Government appealed the decision
- Appellate level decisions on appeals
- If accused/offender dies in detention or prison
- If foreign accused/offender deported
Section 10: Right to Become Safe
The victim has the right to become safe from:
- Attack, damage, fears, intimidation, or threat
- Made or exerted by suspect, accused, offender, or related persons
- Or by witness of the accused
- Against victim, close relatives, or dependents
Section 11: Right to Express Opinion
The victim is entitled to express opinion before concerned authority on:
- Making charges against suspect
- Deciding not to institute case
- Plea bargaining agreements
- Request for clemency in punishment
- Additional claims to charge-sheet
- Preparing pre-sentencing report
- Specifying sentence for offender
- Investigation into accused's mental/physical capacity
- Diversion program decisions
- Decisions on probation, parole, suspended sentence, open prison, or community service
- Hearings on withdrawal of case
The concerned authority shall provide reasonable time for expressing opinions.
Section 12: Right to Appoint Legal Practitioner
The victim may appoint a separate legal practitioner in the criminal justice process if desired.
Section 13: Right of Attendance and Participation in Hearing
Except as otherwise ordered by court, the victim has the right to:
- Attend proceedings relating to court hearing
- Put forward opinions
If the victim is also a witness, the court may prevent attendance of particular proceedings until deposition is made. The court shall consider the victim's statement while making orders or decisions.
Section 14: Right to Stay in Separate Chamber During Hearing
The court may provide a separate chamber for the victim so they can stay separately from:
- The accused
- Persons related to the accused
- Witnesses of the accused
If separate chamber not possible, the court shall arrange for safety and interest of victim so these persons cannot contact the victim.
Section 15: Right to Have Property Returned
The investigating authority shall return the victim's property taken under control:
- Immediately after completion of investigation
- Property required as evidence or with ownership disputes shall not be returned before dispute settlement
- Court may order return before dispute settlement if necessary
Section 16: Discussion as to Case
The court may, with consent of both victim and accused, hold discussion between them on matters related to the offense if:
- Discussion would assist in settlement of dispute
- Discussion is held under court supervision
- Holding discussion is not prejudicial to public interest and justice
Sections 17-20: Application and Appeal Rights
The victim may:
- Make written application requesting Government appeal court orders/decisions (within 15 days of receiving information)
- Receive information about decisions on such applications
- Make application or appeal against court orders if permitted by prevailing law (within 15 days if no period specified)
Section 18-19: Rights to Compensation and Rehabilitation
- Right to obtain compensation for damage sustained
- Right to information about procedures for receiving compensation
- Prosecuting authority to take action on victim's behalf if authorized
- Government of Nepal, Provincial Government, and Local Level may conduct social rehabilitation plans and programs with mutual coordination
Duties of the Victim (Section 21)
The Act also prescribes duties for victims:
- Make or give information/notice about the offense on time to competent body
- Assist investigating/prosecuting authority during investigation and prosecution
- Refrain from failing to appear before investigating authority or court to save persons involved in offense
- Refrain from making statements/depositions or submitting evidence to save offenders
- Provide real name, surname, address, telephone number, email address
- Provide information of changes as soon as possible
Section 23: Enforcement of Rights
For enforcement of rights under Chapter 2:
- Victim may make application to the concerned High Court
- If right has been encroached or infringed, High Court may issue appropriate order
- High Court may write to concerned body to take departmental action against official who deliberately encroached, infringed, or curtailed victim's rights
- Concerned authority shall take departmental action pursuant to prevailing law
Victim Impact Report (Chapter 3)
Sections 25-28 provide for victim impact reports:
Section 25: Submission of Victim Impact Report
- Victim may submit report to prosecuting authority mentioning damage/impact directly caused from offense
- Must be submitted prior to filing charge-sheet
- If victim is minor or needs guardianship, guardian or legal representative may submit
- If unable to submit due to force majeure, may submit within one month from filing of charge-sheet
- Victim may indicate content to keep confidential with reasons
- Prosecuting authority submits report to court with charge-sheet (or within 3 days if submitted later)
Section 26: Duplicate Copy
Accused/offender may get duplicate copy of victim impact report, except when:
- Accused is absconding
- Issuance would be prejudicial to safety and privacy of victim
- Victim desires to keep report confidential
Section 27: Report as Basis for Sentence
Court may take victim impact report as basis while determining sentence, but shall not take as basis any part of which duplicate copy was refused or kept confidential.
Section 28: No Presumption from Non-Submission
No presumption that less damage occurred shall be made solely because victim did not submit impact report.
Compensation Provisions (Chapter 4)
Section 29: Interim Compensation
- Court may order immediate medical treatment or interim compensation/relief when required
- Interim compensation provided from the Fund
- If accused convicted, court orders offender to pay interim compensation amount to Fund within 35 days
- If offender does not pay, amount recovered from assets as government arrears within 60 days
Section 30: Compensation from Offender
- Court may order offender to pay reasonable compensation to victim during final settlement
- Court must ascertain if victim already obtained interim compensation
- If interim compensation received, only remaining amount after returning interim compensation to Fund is provided to victim
- If offender has no property, or offender cannot be convicted though offense established, or case withdrawn, court may order appropriate compensation from the Fund
- Compensation from Fund provided within 35 days of court order
Section 31: Bases for Determining Compensation
The court may take the following as basis for compensation:
| # | Basis for Compensation |
|---|---|
| a | Reasonable expenses for medical, psychological, or psychiatric counseling |
| b | Medical treatment expenses |
| c | Unexpected travel expenses (transport while traveling more than 10km for required counseling/treatment service) |
| d | Legal practitioner expenses |
| e | Damage to personal capacity |
| f | Financial loss (unless obtained from insurance) |
| g | Expenses for repairing/replacing damaged personal goods |
| h | Income generation capacity lost or damaged |
| i | Negative effect on physical beauty |
| j | Damage to physical, intellectual, sexual, or reproductive capacity |
| k | In rape cases: negative effect on social, cultural, or family prestige/relationship |
| l | If pregnancy from rape: expenses for abortion or giving birth and nurturing baby |
| m | Medical treatment expenses for abortion caused by offense |
| n | Reasonable expenses for protection from additional offense (in special conditions) |
| o | Mental or emotional damage |
| p | Other appropriate grounds according to nature and effect of damage |
| q | Expenses to save first grade victim from additional offense (in special conditions) |
| r | Guardian's patronage lost by minor children |
Section 32: Group of Offenses as One Offense
For compensation purposes, a group of offenses (two or more offenses connected by being committed by same person/group against same person in same incident) shall be considered as one offense.
Section 33: Compensation Not Available in Multiple Status
No person may receive compensation as victim of first grade, second grade, and family victim, or in more than one form or status.
Section 34: When Compensation Not Provided
The following victims shall not be provided compensation:
| Category | Description |
|---|---|
| Offense Involvement | One who commits, attempts, entices, conspires to commit, assists, or is accomplice in the offense |
| Criminal Activity | First grade victim claiming compensation for offense committed while involved in another offense |
| Family Victim of Criminal | Family victim of person who died while going to commit offense against anyone |
| Third Party Insurance | Person entitled to compensation under motor vehicle third party insurance (unless intentional harm) |
| Knowledge of Criminal | Second grade or family victim with information/reasonable reason to know first grade victim involved in another offense |
| Free Government Treatment | Victim whose treatment is provided free by government with possibility of recovery (except for damages other than medical expenses) |
| Victim Prisoner | Victim in detention sentenced to imprisonment who suffered mental injury (except if imprisoned only for inability to pay fine) |
| State Offenses | Person convicted of offense against the State |
| Organized Crime | Person convicted of organized crime |
| Provocation | Person who became victim due to their own provocation or conduct (except minors or unsound mind) |
| Non-Cooperation | Person who does not make complaint, makes false complaint, does not assist authorities, or makes statements to save offenders |
| Other Government Compensation | Person who received or appears to receive government financial support/compensation for same offense |
| Unjust Compensation | Person for whom compensation appears unjust from justice perspective |
| Declined Compensation | Person who applied stating they do not wish compensation |
| Outstanding Payments | Person who has unpaid court-ordered fines, claimed amounts, or government revenues |
| False Complaint | Where held that false complaint was made |
| Perpetrator Benefit | Victim where perpetrator (undivided family member) is likely to benefit from compensation |
Exceptions to Family Member Exclusion
Compensation may still be provided despite perpetrator being family member if:
- Perpetrator not bound to bear criminal liability due to age or mental unsoundness
- No legal provision for compensation from offender, or victim cannot obtain compensation due to no property
- Victim has lived apart from undivided family after offense
- Woman victim of rape or child born from rape
Compensation Levy (Chapter 5)
Section 41: Compensation Levy Amounts
Offenders must pay compensation levy to the Fund based on imprisonment term:
| Imprisonment Term | Compensation Levy |
|---|---|
| Less than 1 year | NPR 200 |
| 1 to 2 years | NPR 400 |
| 2 to 3 years | NPR 600 |
| 3 to 4 years | NPR 800 |
| 4 to 5 years | NPR 1,000 |
| 5 to 8 years | NPR 1,300 |
| 8 to 12 years | NPR 1,800 |
| Above 12 years (below life) | NPR 2,200 |
| Life imprisonment | NPR 2,800 |
Fine-Only Sentences
If sentenced to fine only (no imprisonment): 4% of the fine imposed
Both Imprisonment and Fine
If sentenced to both: Pay the higher amount calculated from either imprisonment or fine.
Section 42: Liability Not Terminated
Compensation levy liability is not terminated even if:
- Other fines or pecuniary liabilities must be paid
- Compensation to victim must be paid
- Sentence is pardoned, postponed, changed, lessened, remitted, or suspended
Section 43: Reduction or Dispensation
If offender cannot pay compensation levy, they may apply to court with basis, grounds, reasons, and evidence. Court may order reduction or dispensation if reasonable condition exists.
Victim Protection Suggestion Committee (Chapter 6)
Section 44: Committee Composition
| Position | Role |
|---|---|
| Attorney General | Coordinator |
| Chairperson, Nepal Law Commission | Member |
| Secretary, Ministry of Finance | Member |
| Secretary, Ministry of Law, Justice and Parliamentary Affairs | Member |
| Inspector General of Police, Nepal Police | Member |
| Expert in victimology or criminal justice (designated by Government) | Member |
The expert member has a tenure of 5 years and may be removed for incompetence, bad conduct, or failure to perform duties honestly (after opportunity to submit clarification).
Section 45: Functions of the Committee
- Suggest improvements and revisions to existing law for protection of victims' rights
- Suggest policy measures for security of victims and mitigation of damage
- Recommend Nepal becoming party to international treaties related to victims' rights
- Suggest operation of particular services upon identifying victim needs
Government of Nepal shall operate services including relief, social rehabilitation, counseling, financial, physical, social, and legal aid/support based on Committee suggestions.
Miscellaneous Provisions (Chapter 7)
Section 47: Compensation from Fund
Victim shall be provided reasonable compensation from the Fund for damage sustained from offense committed by perpetrator who does not have criminal liability due to age, mental unsoundness, diplomatic immunity, or other reason.
Section 48: Claim for Compensation
While making prosecution, victim of first grade, second grade, and family victim shall make explicit claim for compensation.
Section 50: Notice of Final Hearing
- Court shall give notice of final hearing to Government Attorney Office at least 7 days in advance
- Government Attorney Office shall inform concerned victim as promptly as possible
Section 51: Modes of Giving Notice
Notice may be given in writing, orally, by telephone, or electronic means so it remains in record.
Section 52: Power to Appoint Representative
Victim may appoint representative or attorney pursuant to prevailing law for enjoyment or enforcement of rights.
Key Takeaways
| Aspect | Provision |
|---|---|
| Constitutional Basis | Article 21 - Fundamental right of crime victims |
| Victim Categories | First Grade, Second Grade, Family Victim |
| Privacy Protection | Rape, incest, human trafficking, sexual harassment |
| Enforcement Forum | High Court (for rights violation) |
| Victim Impact Report | Before charge-sheet filing (or within 1 month after for force majeure) |
| Interim Compensation Payment | 35 days from conviction judgment |
| Fund Compensation Payment | 35 days from court order |
| Final Hearing Notice | 7 days advance to Government Attorney |
| Compensation Levy | NPR 200 to NPR 2,800 (or 4% of fine) |
| Expert Member Tenure | 5 years |
Related Services
For assistance with crime victim protection and legal matters:
- Family Law Nepal
- Alternative Dispute Resolution Nepal
- Mutual Legal Assistance Act Nepal
- Corporate Law Firm Nepal
- Contact Us
Disclaimer
This guide provides general information about the Crime Victim Protection Act, 2075 (2018). Laws and regulations may be amended from time to time. For specific legal advice regarding crime victim rights, compensation claims, or other matters, please consult with qualified legal professionals or contact our law firm.
Need legal representation in Nepal courts? Court Marriage in Nepal Pvt. Ltd. is a registered law firm with experienced advocates handling litigation, court filings, and legal disputes. Contact us for a free consultation.
Frequently Asked Questions
The Crime Victim Protection Act, 2075 (2018) is landmark legislation enacted by Nepal's Federal Parliament on 18 September 2018 to implement Article 21 of the Constitution of Nepal. It establishes a comprehensive framework for protecting crime victims throughout the criminal justice process. The Act makes provisions for victim rights, compensation, social rehabilitation, privacy protection, and establishes the Victim Protection Suggestion Committee. Nepal became one of the first countries globally to constitutionally guarantee victim rights as fundamental rights, making this Act particularly significant in the international context of victim justice.
A victim of first grade is a person who has died or sustained damage as a direct result of an offense committed against them. This classification applies regardless of whether the perpetrator is identified, prosecuted, convicted, or cannot bear criminal liability due to age, mental unsoundness, diplomatic immunity, or position. It also includes persons not involved in the offense who died or sustained damage while: preventing commission of the offense, extending reasonable support and rescuing someone during an offense, or trying to arrest the offender or supporting competent authority in arrest.
A victim of second grade is a person who was not involved in the offense committed against the first grade victim but had to bear damage because of being an eyewitness to such offense. This includes the guardian of a minor first grade victim who was not involved in the offense but suffered damage from having information about or witnessing the offense. It encompasses guardians of first grade victims, cases where the first grade victim is a minor, and persons who suffered damage from knowledge of the offense against the first grade victim while not being involved in the offense themselves.
Victims of rape, incest, human trafficking, sexual harassment, and other prescribed offenses have the right to privacy during investigation, enquiry, prosecution, and court proceedings. No person shall disclose the identity of such victims in any manner. When executing deeds, taking statements, or depositions in such cases, victims may request: presentation without identity disclosure, voice modification, use of audio-visual technology so accused cannot see and hear, or arrangements where accused cannot see the victim or can only hear. These provisions protect victim dignity and encourage reporting of sensitive crimes.
Upon demand, investigating authorities must provide: medical, psychological, psychiatric, social, legal services available; name and address of prosecuting body; name, office, and telephone of investigation authority; progress report of investigation; suspect's name, age, address, and complexion; information about suspect's arrest; matters expressed by suspect before investigating authority; information if suspect absconded or was rearrested; information about release of remanded persons; and general information about investigation processes. However, some information may be withheld if disclosure would adversely affect investigation or pose threats.
The Victim Impact Report is a document submitted by victims to the prosecuting authority describing damage or impact directly caused by the offense. It must be submitted prior to filing the charge-sheet. If the victim cannot submit due to being a minor, needing guardianship, or other reasonable reasons, their guardian or legal representative may submit it. If submission before charge-sheet filing is impossible due to force majeure, the report may be submitted within one month of filing with evidence of the force majeure event. Victims may indicate content to keep confidential with reasons.
When immediate medical treatment or compensation is required, the court may order interim compensation from the Victim Relief Fund. If the accused is later convicted, the court orders the offender to repay this amount to the Fund within 35 days of judgment. If the offender fails to pay within this period, the amount is recovered from their assets as government arrears within 60 days. This ensures victims receive immediate assistance while the case progresses, without waiting for final judgment, addressing urgent needs for treatment and support.
The court considers: medical, psychological, psychiatric counseling expenses; medical treatment expenses; unexpected travel expenses for treatment beyond 10km; legal practitioner expenses; damage to personal capacity; financial loss (unless insurance covers it); costs of repairing or replacing damaged goods; lost income generation capacity; negative effects on physical appearance; damage to physical, intellectual, sexual, or reproductive capacity; in rape cases, effects on social, cultural, or family prestige; pregnancy-related expenses from rape; abortion treatment expenses; expenses for protection from additional offense; mental or emotional damage; guardian's patronage lost by minor children.
Compensation is not provided to: those who commit, attempt, conspire, or assist in the offense; first grade victims claiming compensation for offenses occurring during other criminal activity; family victims of persons who died while committing offenses; those entitled to motor vehicle third party insurance; victims who don't cooperate with investigation or make false complaints; those who received other government compensation; convicted state offenders or organized criminals; victims who provoked the offense (except minors/unsound mind); those with unpaid court-ordered amounts; cases of false complaints; and where perpetrator (family member) would benefit from compensation.
The Victim Protection Suggestion Committee is a six-member body established under Section 44, coordinated by the Attorney General. Members include: Chairperson of Nepal Law Commission, Secretary of Ministry of Finance, Secretary of Ministry of Law Justice and Parliamentary Affairs, Inspector General of Police, and one expert in victimology or criminal justice designated by Government. The expert member has a 5-year tenure. Functions include suggesting law improvements, policy measures for victim security, recommending international treaty participation, and identifying victim service needs.
Compensation levy is an amount offenders must pay to the Victim Relief Fund. For imprisonment: less than 1 year (NPR 200), 1-2 years (NPR 400), 2-3 years (NPR 600), 3-4 years (NPR 800), 4-5 years (NPR 1,000), 5-8 years (NPR 1,300), 8-12 years (NPR 1,800), above 12 years below life (NPR 2,200), life imprisonment (NPR 2,800). For fine-only sentences: 4% of fine. For both imprisonment and fine: the higher calculated amount. This levy funds the Victim Relief Fund for compensating victims.
For enforcement of rights under Chapter 2, victims may make an application to the concerned High Court. If the High Court finds rights have been encroached or infringed, it may issue appropriate orders for enforcement. Additionally, the High Court may write to concerned bodies to take departmental action against officials who deliberately encroached, infringed, or curtailed victim rights pursuant to prevailing law relating to their service conditions. The concerned authority must then take departmental action against such officials.
Damage under the Act includes: grievous hurt; pregnancy due to rape; contracting communicable diseases affecting health or life; mental anxiety and emotional trauma identified by medical doctor; destruction or serious damage to physical, intellectual, sexual, or reproductive capacity; adverse impact on social, cultural, or family prestige due to rape; psychological or psychiatric damage (detected by medical test, not recovered in short period); financial or physical damage; and disfigurement making physical beauty ugly. This comprehensive definition ensures various forms of harm are recognized for compensation purposes.
Section 21 prescribes victim duties: make or give information about the offense on time to competent bodies; assist investigating and prosecuting authorities during investigation and prosecution; refrain from failing to appear before investigating authority or court to save offenders; refrain from making statements, depositions, or submitting evidence to protect persons involved in the offense; and provide real name, surname, address, telephone number, email address, and promptly inform of any changes. Non-compliance with these duties may affect compensation eligibility.
Under Section 47, victims shall be provided reasonable compensation from the Victim Relief Fund for damage sustained from offenses committed by perpetrators who cannot bear criminal liability due to age, mental unsoundness, diplomatic immunity, or other reasons. Importantly, the definition of first grade victim clarifies that even if criminal liability need not be borne due to such reasons, it shall still be deemed for purposes of this Act that the person committed the offense, and the concerned person remains entitled to victim status and associated rights.
