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En
Rape Law in Nepal
Rape is sexual intercourse without the consent of either male or female. The law guided to rape in Nepal is Muluki Criminal Code 2074.
- According to Muluki Criminal (Code), 2074, Section 219: Prohibition of committing rape.
- Section 219(1): No one shall commit rape.
- Section 219(2): Where a man has sexual intercourse with a woman without her consent or with a girl child below the age of 18 years even with consent too, the man shall be considered to commit rape on such woman or girl child.
Punishment
- Section 219(3):- Below the age of 10 years: Imprisonment for a term ranging from 16 years to 20 years.
- Aged 10 but below 14 years: - 14 years to 16 years Imprisonment.
- Aged 14 but below 16 years: - 12 years to 14 years Imprisonment.
- Aged 16 but below 18 years: - 10 years to 12 years Imprisonment.
- Aged 18 or above 18 years: 7 years to 10 years Imprisonment.
- Section 219 (4):- Marital rape: - Not exceeding 5 years imprisonment in the case of marital rape if found guilty.
- Section 219(7)
- Gang Rape or Dedicated women rape or Commit rape by showing arms: - Imprisonment as per the sec.219 (3) plus 5 years more additional is important.
- Note, Dedicated women mean those who are Pregnant, helpless, disabled or handicapped, or insane women.
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- Limitation
- No complaint shall lie after the expiry of one (1) year from the date of commission of an offense. ( In general)
- (In the case of the minor girl): 1 year after she reached 18 years (major).
- (In case of Kidnapping or Hostage taking): 3 months after getting free from hostage.