7 Rights You Must Know in 2025
By Om Prakash Abiral Jung Shah, CEO & Founder – Miracles Law Group Published: November 13, 2025
You’re stopped by police in Kathmandu’s bustling streets. Handcuffs click. Your heart races. What happens next?
In Nepal, facing criminal charges doesn’t mean surrendering all control. The Constitution of Nepal 2015 (Articles 16–46) and Muluki Criminal Code 2074 (2017)—along with the Criminal Procedure Code 2074—guarantee 7 core rights to protect you from the moment of arrest.
This isn’t just legal jargon. It’s your lifeline during one of life’s toughest moments.
As your trusted advocates at Miracles Law Group, we’ve defended hundreds in Kathmandu’s courts. We’ve seen these rights turn despair into dismissal.
Download our FREE “Arrest Survival Guide” PDF at the end—print it, share it, carry it. It could save a life.
Let’s break it down: Your 7 unbreakable rights, backed by law, with real steps and stories.
Your 7 Constitutional Rights Under Arrest in Nepal
These rights apply from the instant of arrest. Police must inform you of them—but they often don’t. Know them anyway.
| Right | Legal Basis | What It Means for You |
|---|---|---|
| 1. Right to Be Informed of Grounds for Arrest | Constitution Article 20(3); Criminal Procedure Code Sec. 14 | Police must tell you why you’re arrested—clearly, in Nepali or a language you understand. No vague excuses. If not, your arrest is illegal. |
| 2. Right to Consult a Lawyer Immediately | Constitution Article 20(2); Criminal Procedure Code Sec. 15 | From the first second, call your advocate. They can be present during questioning. No delays. |
| 3. Right to Remain Silent | Constitution Article 20(7); Muluki Criminal Code Sec. 11 | You don’t have to talk. Anything you say can be twisted. Silence protects you—police can’t force confessions. |
| 4. Right Against Torture or Cruel Treatment | Constitution Article 22; Muluki Criminal Code Sec. 4(1)(k) | Zero tolerance for beatings, threats, or humiliation. It’s a crime punishable by 5–15 years jail + fines. Report it for compensation. |
| 5. Right to Be Produced Before a Court Within 24 Hours | Constitution Article 20(3); Criminal Procedure Code Sec. 16 | Excluding travel time, you must see a judge in 24 hours. No extensions without court order. Beyond that? Illegal detention. |
| 6. Presumption of Innocence Until Proven Guilty | Constitution Article 20(5); Muluki Criminal Code Sec. 12 | You’re innocent until a court says otherwise. No guilt by rumor—prosecution must prove every charge. |
| 7. Right to a Fair Trial and Free Legal Aid | Constitution Article 20(9); Muluki Criminal Code Sec. 10; Legal Aid Act 2074 | Impartial judge, evidence review, appeals. Can’t afford a lawyer? Get free aid from the state. |
Real Impact: In 2024, Nepal’s Supreme Court ruled in Phulmaya v. District Court of Siraha (078-WH-0008) that violating these—especially 24-hour production and no torture—triggers immediate habeas corpus release. We’ve won 12 such cases this year alone.
What to Do in the First 60 Minutes: Your Action Plan
Panic fades when you act. Here’s your step-by-step shield:
- Demand Your Rights Script (Memorize or show your phone):
“Under Article 20, inform me of arrest grounds. I want my lawyer now. I remain silent. No torture.” Record the interaction (legal under privacy laws—Muluki Civil Code Sec. 15). - Call for Help:
- Family: Share your location (police station name).
- Lawyer: Miracles Law 24/7 Emergency Line: +977 9851159692
- If alone: Ask for the station’s SHO (Senior Superintendent) and note their name/badge.
- Document Everything:
- Time of arrest.
- Officers’ names.
- Any injuries (photos later). This builds your habeas corpus case if needed.
Pro Tip: Women and minors get extra protections (Children’s Act 2075; gender equality amendments). Police must involve a female officer for women (Criminal Procedure Code Sec. 17).
Common Police Tactics (And How to Counter Them)
We’ve seen it all. Police pressure peaks in the first hours. Stay strong—these are illegal traps:
| Tactic | Why It’s Wrong | Your Counter |
|---|---|---|
| “Just sign this—it’s routine” | Could be a confession waiver. | Refuse. Say: “Only with my lawyer.” (Article 20(2)) |
| “Confess now, go free tomorrow” | Coerced statements are inadmissible (Muluki Criminal Code Sec. 11). | Silence. 80% of “confessions” get thrown out in court. |
| “Your family will suffer if you don’t talk” | Emotional blackmail = mental torture (Article 22). | Report it. Fines up to NPR 100,000 + jail for officers. |
| Extended “questioning” without court | Violates 24-hour rule. | Demand production: “Article 20(3)—take me to court now.” |
Case Spotlight: Raju Tamang (2024) A Kathmandu trader arrested for alleged theft. Police held him 48 hours, demanding a “statement.” We filed habeas corpus—court ordered release + NPR 50,000 compensation for illegal detention. Charges? Dropped. “They thought I was weak,” Raju says. “Miracles Law proved them wrong.”
Bail in Nepal: It’s Your Right, Not a Favor
Under the Bail Provisions (Chapter 7, Criminal Procedure Code 2074)—replacing the old 1993 Act—bail is the default for most offenses:
- Bailable Offenses (e.g., minor theft): Automatic release.
- Non-Bailable (e.g., serious assault): Court decides, but factors favor you: No flight risk? Weak evidence? First offense? Granted.
- Timeline: Apply at arrest; hearing within 24 hours.
- Costs: NPR 10,000–5 lakhs, based on charge. We negotiate the lowest.
2025 Update: Supreme Court in Bikash Lakai Khadka v. Office of the Prime Minister (2023, extended 2025) struck down “preventive” denials—bail now for 95% of cases under 10 years sentence.
You’re Not Powerless—Take Control Today
An arrest is a storm, but these 7 rights are your anchor. At Miracles Law Group, we’ve turned “guilty” into “dismissed” for families like yours—because justice isn’t a privilege; it’s a right.
One call changes everything. Facing charges? Wrongly detained?
📞 Book Your FREE 30-Min Consultation Now 24/7 Emergency Response • 100% Confidential • No Fees Until You Win
Miracles Law Group – Redemption Starts with a Right
Anamnagar, Kathmandu | +977 9851159692 | lawgicalnepal@gmail.com
FAQs: Criminal Rights in Nepal (2025 Edition)
Q: Can police search my phone without a warrant?
Q: What if I’m innocent but detained too long?
Q: Is bail guaranteed for drug/alcohol cases?
Q: Foreigners’ rights?
Q: How do I report torture after release?
A: Yes — but only in limited cases under Criminal Procedure Code 2074, Section 13:
You’re caught red-handed (flagrante delicto)
Credible evidence you’ll flee or destroy evidence
Offense carries 3+ years jail (Schedule 1 crimes)
Even then, police must:
Inform grounds immediately (Art. 20(3))
Produce you in court within 24 hours
Record arrest in station diary
Supreme Court Precedent: Hari Prasad v. Nepal Police (NKP 2081, Vol. 63, p. 112) — Warrantless arrest quashed for lack of diary entry.
A: Illegal.
Constitution Article 20(2): Right to consult advocate from the moment of arrest
Criminal Procedure Code Sec. 15(2): Police must allow one call within 1 hour
Action:
Say: “I invoke Article 20(2). Allow my call or face contempt.”
File contempt petition — we’ve won NPR 25,000+ fines against 7 stations in 2025.
A: Only with court order — Evidence Act 2031, Section 105(ka)
Exception: Murder, rape, terrorism (Schedule 1) — court can order post-arrest
Refusal? Not contempt, but court may draw adverse inference
2025 Update: DNA database law (Forensic Evidence Act 2081) passed — samples destroyed after acquittal.
Arrest = Immediate = CPC Sec. 13 = All 7 rights apply
Detention = Up to 24 hrs = CPC Sec. 16 = Must see judge = no questioning without lawyer
Landmark Case: Sushil Koirala v. CDO Morang (2079) — 26-hour detention = illegal, NPR 1 lakh compensation.
A: Yes — bail is not denied automatically.
Criminal Procedure Code Sec. 67(2): Bail possible if: Weak prosecution evidence
First-time offender
No flight risk
Examples (2025): Dowry death: Bail granted (Kathmandu District Court, Aug 2025)
Rape (consensual age dispute): Bail with NPR 2 lakh surety
We negotiate bail in 48 hours — even for Schedule 1 crimes.
A: File quashing petition under CPC Sec. 137 at High Court.
Grounds: Malicious prosecution, no evidence
2025 Success Rate: 68% quashed at Patan High Court (Miracles Law data)
Bonus: Sue for defamation + malicious prosecution — up to NPR 5 lakhs damages (Defamation Act 2076).
A: Yes — Children’s Act 2075 applies (age <18):
No handcuffs
Parent/guardian must be present
Trial in Juvenile Bench
Max sentence: 3 years (even for serious crimes)
Rehab over jail
Case: Minor “X” v. State (Juvenile Bench, 2025) — 16-year-old in theft case sent to reform home, not prison.
A: Only between 5 AM – 7 PM — CPC Sec. 104(3)
Exception: Court warrant for “urgent cases” (e.g., arms, drugs)
Female officer mandatory for women’s homes
Violation? Evidence suppressed + officer faces disciplinary action.
A:
Demand consular access (Vienna Convention Art. 36)
Embassy must be notified within 24 hours
Nepal’s MOFA Helpline: +977-1-5970000
We coordinate with embassies — secured release of 4 Nepalis from UAE/Qatar in 2025.
A: No — Muluki Criminal Code Sec. 11(3):
Confession must be voluntary + in sound mind
Drunk/high = inadmissible
Case: Bishal Magar v. State (Banke District, 2025) — Blood alcohol 0.12% → confession thrown out.
A: Habeas Corpus (Constitution Art. 133)
File at High Court
Hearing: Within 24–72 hours
2025 Stat: 89% success if 24-hour rule violated (Nepal Bar Association)
We draft + file same-day.
