(1) A person who has been sentenced according to the court's decision can apply to the President through the Ministry of Home Affairs to get the sentence pardoned, postponed, changed or reduced.
(2) When submitting an application according to sub-section (1), a copy of the judgment of the court by which the petitioner has been convicted must be attached.
(3) If the President sends the petition under sub-section (1) to the Ministry of Home Affairs for necessary action, the said Ministry may consider the following matters and submit it to the Government of Nepal for a decision regarding pardon, postponement, change or reduction of the sentence imposed on him:-
(a) The nature of the offense and the circumstances of the offence,
(b) the age and physical condition of the offender,
(c) the extent of punishment imposed on the offender,
(d) Whether or not the offender has been sentenced to imprisonment for committing any offense before receiving that sentence or, if so, the nature of such offense and the punishment he has undergone,
(e) Whether or not the offender is in custody.
(4) Notwithstanding anything contained in sub-section (3), action shall not be taken to pardon, postpone, alter or reduce the punishment imposed on the offender of the following offences:-
(a) Corruption,
(b) Torture,
(c) Coercion,
(d) Killed in a cruel and inhuman manner or by restraint,
(D1) killed or maimed or caused bodily harm by using acid or other inflammable substances,
(e) Genocide,
(f) Explosives,
(g) Kidnapping, body hostage or missing person,
(h) Human Trafficking and Trafficking,
(i) asset laundering, and
(j) Trafficking or dealing in narcotic drugs punishable by imprisonment for more than three years.
(5) Notwithstanding anything written elsewhere in this section, the Ministry of Home Affairs shall take action as per sub-section (3) in the case where the sentence is pending in a court of appeal, merit examination or review or the case is pending or the judgment of the court from which the sentence has been determined has not been finalised. Can't.
(6) Before making a decision under sub-section (3), the Government of Nepal in accordance with the lawThe established Parole and Probation Board may be consulted.
(7) In making a decision according to sub-section (3), if the Government of Nepal sees reasonable grounds that the punishment inflicted on the petitioner should be fully or partially pardoned, postponed, changed or reduced, the Government of Nepal shall disclose the basis thereof and recommend it to the President along with its opinion. br> (8) In accordance with the recommendations made by the Government of Nepal in accordance with sub-section (7), if the punishment imposed on a criminal is pardoned by the President, if it is postponed, changed or reduced, the Government of Nepal shall inform the relevant court.
(9) After receiving the notice as per sub-section (8), the concerned court shall reduce or increase the amount of punishment accordingly.
(10) According to this section, the decision of the court concerned shall not be nullified because the sentence imposed on a person by the President is pardoned, the sentence is changed or reduced, and the penalty or fine paid by such person shall not be affected.
(11) For the purpose of proposing or recommending according to sub-sections (3) and (7), the Government of Nepal may make necessary criteria.