Section 5
Imposition Of Punishment As Referred To In Nepal Act Mentioned in Schedule Of This Act
5. Imposition of punishment as referred to in Nepal Act mentioned in schedule of this Act :
(1) If an act or a matter which is an offence under the previous Muluki Ain is also an offence pursuant to the Nepal Act as referred to in the Schedule of this Act, a punishment shall be imposed on an offender as referred to in said Act including for the said act or matter committed before Bhadra 1, 2020 B.S.
Provided that-
(a) In case the said Nepal Act provides for a punishment greater than that prescribed by the previous Muluki Ain, a punishment shall be imposed on an offender
not exceeding with a punishment as specified in previous Muluki Ain
(b) In case the previous Muluki Ain provides for a provision of any other type of punishment other than a fine or an imprisonment, in this regard Sub-section
(2) shall prevail over the matter of punishment.
(2) After the Commencement of this Act no judgment or order shall be passed to impose any of the following punishments and no such
punishment shall be executed.
(a) To shave the head of the offender (Mudne).
(b) To Impale/pierce on the body of the offender (Khopne)
(c) To brand on the body of the offender (Damal garne)
(d) To outcast from the caste of the offender (Jaat patit garne)
(e) To feed forbidden (uneatable) things to the offender (Abhakshaya khuwaune)
(f) To remove the sacred thread of the offender (Janai jhikne)
(g) To compel the offender to enter through someone’s feet (Tangmuni Chhiraune)
(h) To compel the offender to lick the foot (Paitala Chataune)
(i) To compel the offender for a atonement/expiation (Patiya, Prayaschit garaune)
(j) To compel the offender for Pilgrimage (Tirtha Ghumnu parne)
(k) To deport the offender from village or town. Provided that;
(a) if a fine, an imprisonment or any other economic liability is also included or imposed in such punishment as referred to in clauses of
Sub-section (2), an offender shall not be freed from the said fine, imprisonment or economic liability, as the case may be, and such offender
shall be, subject to Sub-section (1) of Section 5, Sections 3 and 4, punished in accordance with aw and the said punishment shall be
implemented.
(b) If a law which provides for such punishment as referred to in Clauses of Sub-section (2) also provides for a provision of an imprisonment,
fine or any other economic penalty or liability as an alternative punishment, an offender shall be, subject to Sub-section (1), Sections 3 and 4,
punished with such imprisonment, fine, or liability, as the case may be.
(1) If an act or a matter which is an offence under the previous Muluki Ain is also an offence pursuant to the Nepal Act as referred to in the Schedule of this Act, a punishment shall be imposed on an offender as referred to in said Act including for the said act or matter committed before Bhadra 1, 2020 B.S.
Provided that-
(a) In case the said Nepal Act provides for a punishment greater than that prescribed by the previous Muluki Ain, a punishment shall be imposed on an offender
not exceeding with a punishment as specified in previous Muluki Ain
(b) In case the previous Muluki Ain provides for a provision of any other type of punishment other than a fine or an imprisonment, in this regard Sub-section
(2) shall prevail over the matter of punishment.
(2) After the Commencement of this Act no judgment or order shall be passed to impose any of the following punishments and no such
punishment shall be executed.
(a) To shave the head of the offender (Mudne).
(b) To Impale/pierce on the body of the offender (Khopne)
(c) To brand on the body of the offender (Damal garne)
(d) To outcast from the caste of the offender (Jaat patit garne)
(e) To feed forbidden (uneatable) things to the offender (Abhakshaya khuwaune)
(f) To remove the sacred thread of the offender (Janai jhikne)
(g) To compel the offender to enter through someone’s feet (Tangmuni Chhiraune)
(h) To compel the offender to lick the foot (Paitala Chataune)
(i) To compel the offender for a atonement/expiation (Patiya, Prayaschit garaune)
(j) To compel the offender for Pilgrimage (Tirtha Ghumnu parne)
(k) To deport the offender from village or town. Provided that;
(a) if a fine, an imprisonment or any other economic liability is also included or imposed in such punishment as referred to in clauses of
Sub-section (2), an offender shall not be freed from the said fine, imprisonment or economic liability, as the case may be, and such offender
shall be, subject to Sub-section (1) of Section 5, Sections 3 and 4, punished in accordance with aw and the said punishment shall be
implemented.
(b) If a law which provides for such punishment as referred to in Clauses of Sub-section (2) also provides for a provision of an imprisonment,
fine or any other economic penalty or liability as an alternative punishment, an offender shall be, subject to Sub-section (1), Sections 3 and 4,
punished with such imprisonment, fine, or liability, as the case may be.