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Kathmandu Wednesday August 29, 2001 Bhadra 13, 2058.
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Report proposes radical reforms in criminal justice system
By Rudra Sharma
KATHMANDU, Aug 28 – If the government implements the recommendations of
a high level task force
charged with modernizing Nepal’s archaic laws, then Nepal could see wide-ranging
changes on how it deals with crime and punishment.
The high level Criminal Justice Task Force, which was formed on August 17
last year, has already submitted its still secret report to the government two weeks ago.
According to highly reliable sources in the Ministry of Law, Justice and
Parliamentary Affairs, the report prepared by the task force has ambitious plans. Several
new offenses, which are yet to enter the nation’s criminal justice code has been
defined, and punishments prescribed for it. The report even divides the task of proving
guilt (or innocence) and accompanying punishment between two different courts.
However, the report has a long way to go before it becomes law. The
government must first prepare a bill which incorporates the recommendations of the report,
and parliament and His Majesty the King must all approve it before it can be enforced as
law of the land.
But senior government officials say, they are determined to see the
recommendations become law. Already, they say, a five member ‘Criminal Justice
Procedure Code Enforcement Committee’ has been set by the government to recommend how
to implement the new report’s recommendations..
"After the report takes the form of law as expected, most of the
provisions of the National Code (Muluki Ain) regarding crime, homicide, rape, theft, and
other offences will be repealed, which in turn will be replaced by other more scientific
and comprehensive laws" said Narendra Prasad Pathak, the Joint Government Attorney
who was a member of the Task Force.
The seven member Criminal Justice Study and Recommendation Task Force formed
on 17 August 2000 under the convenorship of Attorney General Badri Bahadur Karki submitted
the report to the government two weeks ago. Other members in the Task Force included,
Secretary of Ministry of Law Udahay Nepali, Secretary of Judicial Council Kashi Raj Dahal,
Joint Government Attorney Narendra Prasad Pathak, Chief of the Judicial Service Training
Center Madhav Poudel, Advocate Harihar Dahal and Additional Inspector General of Police
Govinda Thapa.
Legal experts and officials at the Ministry of Law say the existing legal
provisions relating to crime are scattered around in several laws. The fresh report aims
to "modernize and consolidate" all such laws.
The report proposes two kinds of courts— Penal Court and Criminal
Procedure Court— to deal with crimes and criminals. While the Criminal Procedure
Court is tasked with finding a defendants’ guilt or innocence, the Penal Court is
charged with affixing a punishment that fits the crime.
A senior official at the Law Ministry said, "Our existing laws to
address crime are archaic. Most of them were made in Rana regime but we are advancing
towards modernity, and new social relations are emerging which evaded such archaic
laws."
For instance, abduction, discrimination, damage to private and public
property and harassment in the name of witchcraft (as happened in Mahottari recently) are
all dealt as specific crimes with specific punishments. As of yet, there is no law to
address such crimes.
The report also proposes ‘crime against natural and national
resources’. If someone causes damage to national or natural heritage, it would also
be deemed as crime. The report also proposes punishment to ‘crime against private
life’. The incidents like unauthorized photograph, unauthorized access to
somebody’s residence would be deemed as crime.
"Our chief objective is to make sure that no culprit could escape and no
innocent would be punished. Therefore, the report intends to introduce a kind of
‘victim justice system’ while dispensing criminal justice," says the senior
official.
The victim justice system, as stated by the official, finds expression in
several ways. One is the proposed setting up of a ‘Victim Relief Fund’. Fifty
percent of the money collected in fines from the criminal would go to the victim as a
token of relief and the rest will go to consolidated fund or government treasury. Under
the present laws, almost all the money received from criminals goes to the consolidated
fund.
Pardon-seeking would be made a part of administration of justice. By this,
not only the influential persons but also everyone would have a right to seek pardon.
It also proposes ‘open court’ for certain criminals who are to
serve nominal sentence. According to this concept, a criminal need not go to jail. The
system works like this: s/he can live at home even after punished by the court. But the
authorities write a letter to the concerned police station nearest to the criminal’s
residence. The police watch and scrutinize his activities within the specific time. If the
police reports that s/he has improved his behavior within the time frame prescribed, then
the person need not spend time in jail, otherwise action could taken against him/her.
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