(1) A person who is sentenced by a court
judgment to punishment for an offence may make a petition to the
President, through the Ministry of Home Affairs, for the pardon,
suspension, alteration or reduction of that sentence.
(2) In making a petition pursuant to sub-section (1), the
petitioner shall attach a copy of the judgment of the court by which
he or she was sentenced.
(3) If a petition made pursuant to sub-section (1) is
forwarded by the President to the Ministry of Home Affairs for
necessary action, the Ministry shall, having regard to the following
matters, make a submission to the Government of Nepal to decide
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whether or not to pardon, suspend, alter or reduce the sentence
imposed on the petitioner:
(a) Nature of the offence, and the circumstances
under which the offence was committed,
(b) Age and physical condition of the offender,
(c) Limit/ceiling of the sentence imposed on the
offender,
(d) Whether or not the offender was sentenced to
imprisonment for committing any offence prior to
that punishment sentenced to him or her, and if he
or she was so sentenced, the nature of such
offence and the sentence served by him or her,
(e) Whether or not the offender is held in detention.
(4) Notwithstanding anything contained elsewhere in subsection
(3), no action may be taken to pardon, suspend, alter or
reduce the sentence imposed on the offender of any of the following
offences:
(a) Corruption,
(b) Torture,
(c) Rape,
(d) Murder in a cruel and inhumane way or by taking
control,
(e) Genocide,
(f) Explosives,
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(g) Kidnapping, hostage-taking or enforced disappearance,
(h) Human trafficking and transportation,
(i) Money laundering, and
(j) Narcotic drugs trafficking or transaction punishable
by a sentence of imprisonment for a term exceeding
three years.
(5) Notwithstanding anything contained elsewhere in this
Section, if the case is under consideration of any court by way of
appeal, reference for sanction, review or revision or if the sentence
imposed by the judgment of a court has not become final, the
Ministry of Home Affairs may not take action referred to in subsection
(3).
(6) Prior to making a decision pursuant to sub-section (3),
the Government of Nepal may consult the parole and probation
board established by law.
(7) If, while making decision pursuant to sub-section (3), the
Government of Nepal has any reasonable reason for pardoning the
whole or any part of, suspending, altering or reducing, the sentence
imposed on the petitioner, it shall make a recommendation,
accompanied by its opinion along with the grounds therefor, to the
President.
(8) If the sentence imposed on any offender is pardoned,
suspended, altered or reduced by the President pursuant to the
recommendation made by the Government of Nepal under subsection
(7), the Government of Nepal shall give a notice thereof to
the concerned court.
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(9) After receiving the notice referred to in sub-section (8),
the concerned court shall accordingly void or update the records
thereof.
(10) The judgment of the concerned court shall not be voided
by the reason of pardon, alteration or reduction of the sentence
imposed on any person granted by the President pursuant to this
Section, and it shall not affect in any manner the sentence already
served or fine or claimed amount already paid by such person.
(11) The Government of Nepal may make necessary
standards for the purpose of making proposal or recommendation
pursuant to sub-sections (3) and (7).