TIME OF IMPRISONMENT FOR LIFE

AND CONVERSION OF CONFISCATION

OF ENTIRE PROPERTY INTO
IMPRISONMENT

Presentation by Rohika KC

National Law College, Sanepa B957

 TIME OF IMPRISONMENT FOR LIFE
• If the law stipulates that the offender will be sentenced to life imprisonment for any
offence under Section 41 of the National Penal Code, 2017, then the offender shall be
subjected to imprisonment for the whole of his or her natural life.
• According to the said Sec. 41, the convict of the following offences shall be sentenced
to life imprisonment:
• Murder with cruelty, torture or inhumane conduct,
• Murder by hijacking or exploding an aircraft,
• Murder by kidnapping or taking hostage,
• Murder by poisoning publicly consumable beverages or food,
• Genocide or offence committed with the objective of committing genocide,
• Murder with rape.
 CONTD....

Except in the circumstance referred to in Section 41, the sentence of

imprisonment for life shall be so computed that its term is twenty-five
years. (Section 42)
 CONVERSION OF CONFISCATION OF ENTIRE PROPERTY INTO
IMPRISONMENT

• If the offender does not pay the amount of personal bigo, government bigo,
compensation or fine as per the court verdict, their property will be auctioned off
and if such amount cannot be recovered even during the auction sale, such offender
will be kept in jail.

• In the civil case, if the property of the person who has to pay the bigo is not sold at
the auction, if the person who has to pay the bigo does not show the property, or if
the property shown cannot be auctioned, then the person seeking bigo can file
petition in the court within 15 days, to send the offender to jail.
 CONTD....

• If the person is imprisoned in such a way, then the time for imprisonment is
decided with regard to Rs 400 per 1 day imprisonment.

• Imprisonment in such a manner shall not exceed 4 years in the case of Government
bigo or a public organization wholly or partially owned or controlled by the
Government of Nepal and 2 years in the case of a private individual or other
organization.

• During such imprisonment, if the amount is less than Rs. 400 then 1 day
imprisonment.
 CONTD....

• If the person is imprisoned in such a way, then the time for imprisonment is decided at the
rate of Rs 400 per 1 day imprisonment.

• Imprisonment in such a manner shall not exceed 4 years in the case of Government bigo or a
public organisation wholly or partially owned or controlled by the Government of Nepal and
2 years in the case of a private individual or other organisation.

• During such imprisonment, if the amount is less than Rs. 400 then 1 day imprisonment.
 CONTD....

• In Imprisonment for fine a person is imprisoned at the rate of Rs. 200 per 1 day.

• In such a case, the person who wants to be imprisoned has to bear the direct cost of
imprisonment

• The person being imprisoned in this way should be given a chance to have their say before
being imprisoned.

• The same bigo cannot be reclaimed after the person has been imprisoned for the non payment
of the bigo.
 NON-RECOVERY OF COMPENSATION
IN CRIMINAL CASE
• As per the previous discussion regarding the payment of compensation or compensation, if the property
of the offender is sold at auction but is not enough to cover the compensation or if the claim is not
upheld or the petition is pending, the accused can apply for imprisonment within 30 days from the date
of the auction sale or petition.

• In case of such an application, the remaining bigo is converted into imprisonment at the rate of Rs. 300
per day.

• Such imprisonment shall not exceed 2 years in the case of an individual and not more than 4 years in
the case of a person who is fully or most owned or controlled by the Government of Nepal, the State
Government or the local level.
 CONTD....

• But if the compensation cannot be recovered, imprisonment can be upto 4 years.

• In case of imprisonment for personal gain, compensation or other, if the amount is less than
Rs. 300, the accused should be imprisoned for 1 day.
• The Government of Nepal shall bear the legal costs incurred by the detainees.
• If a person who has to pay a personal bigo, compensation or other amount is found to have
hidden or converted some of his property, such property is auctioned and 25% of such will be
given to the person finding the property and the bigo, compensation or other amounts will be
paid from the remaining amount. If the amount remains after the payment, it should be
returned to the concerned person.
 IF GOVERNMENT BIGO IS NOT RECOVERED.....
• According to the decision, the government bigo or other amount that has to be recovered has to be
paid by the concerned person,
• If the person who has to pay such bigo or other amount does not pay, it has to be recovered and
collected from their property.
• If Bigo and other amounts are not recovered from the property, they will be sentenced to
imprisonment as follows:
• Rs. 5,000- imprisonment at the rate of Rs. 300 per day
• Rs. 5,000 to Rs. 10,000- 1 month
• Rs. 10,000 to Rs. 25,000- 3 months
• Rs.25,000 to Rs. 50,000- 6 months
• Rs. 50,000 to Rs. 1 lakh- 1 year
• More than 1lakh then at the rate of 6 months per 50,000.
• For governmental bigo, imprisonment should not exceed more than 7 years.
 IF FINE IS NOT RECOVERED.....

• The person who has to pay the fine as per the decision has to pay the amount immediately,
• If any property is bailed out for not being able to repay the amount immediately, the court may
order that the amount be repaid in 3 instalments, at most within one year.
• However, if he has pledged any amount during the detention order or on appeal fine is recovered
from it and if the total amount of the fine is not recovered from it, the instalment order will be
issued only for the remaining amount.
• If he does not pay the amount in instalments or if there is a restraining order or on appeal and he
cannot recovered from the deposit that he has kept, he should be imprisoned.
 IF FINE IS NOT RECOVERED.....

• Period of Imprisonment:
• Imprisonment for non-payment of fine shall not exceed 10 years for offenses punishable
by imprisonment or fine both.
• Imprisonment for non-payment of fine shall not exceed half of the maximum limit of
imprisonment for such offense, which shall be punishable by either fine or imprisonment
or both.
• Imprisonment for non-payment of fine shall not exceed 2 years for offenses punishable by
fine only.
 IF FINE IS NOT RECOVERED.....

• Period of Imprisonment for children under 18 years:

• Dismissal without imprisonment for non-payment of fine for offences punishable by either
imprisonment only or imprisonment or fine.
• In case of imprisonment or fine or both, if only the fine is imposed then the imprisonment
for non-payment of such fine shall not exceed 3 months.
• A person who has reached the age of 14 but is less than 18 years of age shall not be
imprisoned for more than half of the sentence given to an 18 years old.
 IF FINE IS NOT RECOVERED.....

• In the event of the death of a convicted felon, all pending imprisonment and fines are
automatically waived.
• Provided that in case of death of a person who has to pay government or private bigo,
compensation or other amount, it should be paid from his rightful property.
• When paying bigo, compensation or amount, priority is given to government bigo,
compensation, private compensation and private bigo respectively.
THANK YOU!