Nepal: Extradition Act, 1988

A Law Enacted to Provide For Extradition of Accused Persons or Criminals

Preamble:

Where it is expedient to make legal provisions regarding extradition encompassing the SAARC Regional Convention on Terrorism passed by the third summit conference of the South Asian nations as well in regard to the extradition of accused persons or criminals in order to maintain law and order, now therefore, His Majesty King Birendra Bir Bikram Shah Devhas enacted this law on the advice and with the approval of the National Panchayat.

1. Short Title and Commencement

1.1This law shall be known as the Extradition Act, 1988.

1.2It shall come into force at once.

2. Definitions

Unless otherwise meant with reference to the subject or context, in this act,

2.1Court means the court prescribed by His Majesty's Government by notification in the Nepal Rajapatra.

2.2Crime means a crime mentioned in the extradition treaty signed with any foreign country providing for the extradition of accused persons or criminals. The term includes crimes mentioned in the Convention, of which Nepal is a member, providing for theextradition of accused persons or criminals.

2.3Foreign country means a country which has concluded an extradition treaty with His Majesty's Government in connection with the extradition of accused persons or criminals connected with any crime, or a member-country of the Convention on such extradition, of which Nepal too is a member.

2.4Convention means a Convention providing for the extradition of accused persons or criminals connected with any crime, of which Nepal is a member.

2.5Extradition Treaty means a treaty concluded between His Majesty's Government and any foreign country in regard to the extradition of accused persons or criminals connected with any crime.

3. Foreign Nations to Demand Extradition or Punishment

3.1A foreign nation demanding the extradition or punishment of an accused person or criminal who has escaped into Kingdom of Nepal after committing a crime in its territory may do so by writing to His Majesty's Government through its diplomatic mission i n Kathmandu, or through the Nepali diplomatic mission in its territory. In circumstances when it is not possible or is not considered appropriate to write in the above-mentioned manner through its diplomatic mission or through the Nepali diplomatic mission, the concerned foreign nation must write directly to His Majesty's Government.

3.2While demanding the extradition or punishment of an accused person or criminal under-Section 3.1, the concerned foreign nation shall enclose relevant evidence as well as such particulars about the accused person or criminal as his citizenship status and personal description and also, as far as possible, the area or place within the Kingdom of Nepal where the concerned accused person or criminal is residing.

4. Power to Issue Orders to Conduct Investigations

In case any foreign nation writes to His Majesty's Government demanding the extradition or punishment of any accused person or criminal under Section 3, His Majesty's Government may, if it deems appropriate to conduct investigations, issue necessary orders to the court to do so.

5. Issue of Warrant

5.1After receiving orders issued by His Majesty's Government under Section 4, the court shall issue a warrant for the arrest of the accused person or criminal mentioned therein.

5.2In case the concerned accused person or criminal cannot be arrested under the warrant issued under Sub-Section 5.1, the court shall notify His Majesty's Government accordingly within 15 days. In case the concerned accused person or criminal is found subsequently, the court shall notify His Majesty's Government accordingly within three days.

6. Investigation and Action

6.1Once the accused person or criminal is arrested and produced before the court, the court shall compile the evidence received from the foreign nation which has demanded his extradition or punishment as well as the evidence presented by such accused person or criminal, and then conduct investigations to ascertain whether or not the crime committed by him is one for which he may be extradited under the Extradition Treaty or Convention, and whether or not the crime is of a political nature.

6.2In case the investigations conducted under Sub-Section 6 show that there do not exist adequate grounds to extradite or punish the concerned accused person or criminal, the court may release him.

7. Report to be Submitted

7.1In case the court, after conducting investigations under Section 6, finds on the basis of the evidence that has been compiled that there exist adequate grounds to extradite or punish the concerned accused person or criminal as demanded by the concern ed foreign nation, it shall issue an order for the detention of the concerned person until further orders of His Majesty's Government, and present a report to His Majesty's Government along with all evidence received in the context of the investigations.

7.2While presenting reports under Sub-Section 7.1, the court shall also enclose any application, document, evidence and particulars sought to be presented by the concerned accused person or criminal.

8. Power to Extradite or Punish the Accused Person or Criminal

8.1In case His Majesty's Government deems it appropriate to extradite any accused person or criminal on the basis of the report presented by the court under Section 7, it may issue orders for his detention for the purpose of extradition, and also for his extradition by prescribing the place of extradition and the name of the person accepting such extradition.

Provided that in case the concerned accused person or criminal is a Nepali national, His Majesty's Government may order the court to initiate action relating to punishment without extraditing him.

8.2While extraditing any accused person or criminal under Sub-Section 8.1, cash and goods recovered from him shall also be handed over to the person taking over the responsibility of the accused person or criminal if no other person has any claim or title thereto.

8.3In case His Majesty's Government deems it appropriate to punish, rather than extradite, any accused person or criminal on the basis of the report presented by the court under Section 7, it may order the court to initiate action relating to punishment.

9. Action to be Taken Under Current Nepal Law

9.1While taking action relating to punishment of any accused person or criminal without extraditing him under Section 8, the court shall do so under current Nepal law by considering the crime committed by the concerned accused person or criminal as one committed inside the Kingdom of Nepal.

9.2An appeal may be filled against the decision taken by the court under Sub-Section 9.1 according to current Nepal law.

10. Release From Detention

In case any accused person or criminal detained under Sub-Section 8.1 for the purpose of extradition to a foreign nation under this act is not taken outside the Kingdom of Nepal within a period of 60 days from the date of such detention the Supreme Court may, if it so deem appropriate on the basis of an application filed by or on behalf of the concerned accused person or criminal, issue an order for his release.

11. Demand For Extradition Made By More Than One Country

In case more than one country demand the extradition of the same accused person or criminal, His Majesty's Government may extradite him to the foreign country deemed appropriate by it, by keeping the nature of the crime in view.

12. Restrictions on Extradition

In the following circumstances, His Majesty's Government shall not extradite an accused person or criminal whose extradition has been demanded :

12.1In case the concerned accused person or criminal is a political criminal, or in case the crime committed by him is considered a political crime or it appears that the demand has been made to punish him in connection with a political crime, on the basis of the evidence received from the foreign country demanding his extradition, or on the basis of the evidence presented by him in the course of investigations conducted by the court.

12.2In case it appears that demand for the extradition of the concerned accused person or criminal has been made by the concerned foreign country after the expiry of the time -limit prescribed for taking legal actions under the laws of the concerned foreign country.

12.3In case the concerned accused person or criminal has been undergoing punishment under current Nepal law for having committed any crime inside the Kingdom of Nepal, or in case action is going on in that connection, until the completion of such punishment or action.

13. Power to Issue Warrants For Arrest in Certain Circumstances

13.1In case information or evidence of the arrival or residence of any accused person or criminal who belongs to a foreign country and who any be extradited or punished under this law in any place lying under the jurisdiction of any District Court is received, and in case it is deemed necessary to arrest him on the basis of such information or evidence, the concerned District Court may issue a warrant for his arrest.

13.2The District Court must submit to His Majesty's Government a report relating to the issue of warrant for the arrest of an accused person or criminal under Sub-Section 13.1, along with the relevant information and evidence, or copies thereof, withina period of three days.

13.3The person detained after being arrested under a warrant issued under Sub-Section 13.1 shall not be kept in detention for a period exceeding three months except when any order is received from His Majesty's Government.

13.4In case a report is submitted by a District Court in regard to any accused person or criminal under Sub-Section 13.2, and His Majesty's Government issues an order to initiate actions in regard to the extradition or punishment of the concerned accuse d person or criminal, the concerned District Court shall take action according to this act.

14. Crimes Not To Be Regarded as Political

Notwithstanding anything contained elsewhere in this act, for the purpose of extradition, the crimes mentioned in the SAARC Regional Convention On Suppression of Terrorism shall not be considered political crimes connected with political crimes or crimes motivated by political objectives.

15. Special Powers of His Majesty's Government

Notwithstanding anything contained elsewhere in this act, in case it is deemed inappropriate to extradite or take any action against any accused person or criminal whose extradition has been demanded owing to the ordinary nature of the crime or the reason s presented by the concerned accused person or criminal for not extraditing him, or in the cause of justice, or for political reasons, or for any other reason deemed satisfactory by His Majesty's Government, His Majesty's Government may cancel at time al l the actions taken or warrants or orders issued against the concerned person, and also issue an order for release from detention if the concerned person is under detention.

16. Special Arrangements

Notwithstanding anything contained in current Nepal Law, the court may accept as evidence any evidence and document received from a foreign country in connection with a case conducted under this law.

17. Power to Demand Extradition or Punishment From Foreign Countries

17.1In case any person has escaped and taken shelter in any place lying under the jurisdiction of any foreign country after committing a crime inside the Kingdom of Nepal, His Majesty's Government must write to the government of the concerned foreign country demanding the extradition or punishment of the concerned accused person or criminal.

17.2While demanding the extradition or punishment of an accused person or criminal under Sub-Section 17.1, His Majesty's Government shall enclose the concerned evidence, and also mention his nationality and personal description as well as the place or area in the foreign country where he has taken shelter, as far as possible.

18. Provisions of This Act Not To be Applicable

In case any nation with whom Nepal has concluded an extradition treat, or any member-nation of a Convention of which Nepal too is a member, has to make legal provisions to comply with such extradition treaty or convention, and in case the concerned nation has not made necessary legal arrangements for the purpose, the provisions of this act shall not be applicable in respect to such country, notwithstanding anything contained elsewhere in this act.

19. Power to Frame Rules

His Majesty's Government may frame necessary rules in order to fulfill the objectives of this act.

20. Repeal

The 1963 Extradition Act has been repealed.