The Constitution of Nepal guarantees fundamental rights to every individual, including those accused of a crime. Understanding these rights is the first step in building a strong criminal defense. Whether you are being questioned by the police or facing trial, here is what you must know.
1. Right Against Arbitrary Detention
You cannot be arrested without a warrant issued by a court, except in cases of "cognizable offenses" where immediate action is required. Even in such cases, the police must provide the grounds for arrest.
2. The 24-Hour Rule
This is one of the most critical protections in Nepalese law. Every person who is arrested and detained in custody must be produced before the judicial authority (usually a District Court) within 24 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court.
3. Right to Legal Counsel
From the moment of arrest, you have the right to consult and be defended by a legal practitioner of your choice. Any conversation between you and your lawyer is confidential and cannot be used as evidence against you. If you cannot afford a lawyer, the government must provide a "Paid Lawyer" (Baitanik Wakul) to represent you.
4. Right Against Self-Incrimination
No person accused of an offense shall be compelled to be a witness against himself or herself. You have the "Right to Silence." The police cannot force you to sign a confession. Any confession made under duress or torture is inadmissible in court.
5. Protection Against Double Jeopardy
No person shall be prosecuted and punished for the same offense more than once. If you have been acquitted or convicted of a crime, you cannot be tried for the exact same crime again based on the same facts.
6. Right to a Fair and Open Trial
Every person has the right to a fair trial by a competent, independent, and impartial court or judicial body. In most cases, trials are open to the public to ensure transparency and justice.
What to Do if You Are Arrested
- Stay Calm: Do not resist arrest, as this can lead to additional charges.
- Ask for Grounds: Politely ask why you are being arrested and request to see a warrant.
- Request a Lawyer: Inform the officers immediately that you wish to speak with your lawyer.
- Inform Your Family: You have the right to inform your family or a friend about your detention.
- Document Everything: Pay attention to how you are treated and what is said.
At LawyerInNepal, we provide aggressive and strategic criminal defense services. Our team is dedicated to protecting your constitutional rights and ensuring that the rule of law is followed at every stage.
Disclaimer: This article is for informational purposes only and does not constitute formal legal advice. Please consult with a licensed attorney for your specific case.