Govt brings guidelines for remission of punishment

Published On: May 22, 2023 01:00 PM NPT By: Bhasa Sharma

KATHMANDU, May 22: The government has issued 'Guideline 2080 BS on the demand for remission of sentence' to give parole to those in jail in various criminal cases. The stakeholders say that misusing the guidelines issued according to the National Civil Procedure Act can lead to accidents.

The guidelines issued by the government in consultation with the Office of the Attorney General have provided for remission of sentences. It has been arranged that if the guilty person accepts the crime and helps the investigating officer to gather evidence, the demand for exemption from punishment can be taken. If the investigating officer presents as his witness the accused who assists in the investigation under Section 66 of the 'Prevention of Corruption Act 2002, 2059 BS', Section 26 of the 'Banking Offenses and Punishment Act 2064', Section 44 of the 'Money Laundering Prevention Act 2064', arrangements have been made to accept the demand.

Likewise, there is a provision allowing remission to any accused who has been charged with an offense under Section 18 (c) of the 'Narcotic Drug Control Act 2033', Section 21 of the 'Human Trafficking and Transportation Control Act 2064', and Section 21 of the 'Organized Crime Prevention Act 2070', if they admit the offense committed by him. Provisions have been made to collect evidence in the crime and help in arresting the gang/criminals. According to Section 47 of the 'National Penal Code' and Section 33 of the 'National Criminal Procedure Act 2017 (2074 BS)', provision has been made to give exemption from punishment.

Attorney General Din Mani Pokharel claimed that the system of remission of sentences will reduce the burden of cases and reduce expenses. He said that when any new topic comes, there will be some challenges. "The system of exemption from punishment will save the money of the plaintiff, the defendant and the state, will help to resolve the case quickly, to reach the right place in the criminal investigation," he said, "It will help to reach the main accused in big organized crime."

He said that there will be some difficulties when the new concept comes, but the provisions written in the law should be implemented. It should not be seen from only one point of view. In Jhapa, 1,400 people are staying in a jail with a capacity of 400 people. There are more than 300 people in Morang's juvenile correctional facility with 50 people," he said. "It should also be seen whether people are fit to stay in the prison." Attorney General Pokharel said that the system of lenient sentences will reduce the number of prisoners in prisons.

Inspector General of Police (IG) Basanta Kunwar expressed his suspicion that under the guise of the law, the accused may apply for exemption from punishment.

He said that even in severe punishment, the sentence can be commuted, so the consent of the victim should be given place. Kunwar said that since the implementation of the National Criminal Procedure Act, there has been a provision for exemption in 25 cases. At present, 15 people have claimed remission. He said that the guidelines have both positive and negative aspects.

Similarly, Secretary of the Ministry of Law, Justice and Parliamentary Affairs Dhan Raj Gyawali said that there should be uniformity in the implementation of the law. He said that it should be moved forward only to get to the reality of a crime, but he expressed his suspicion that it could be a very scary matter if an accused takes it as an advantage. He also said that there may be misuse of the provision regarding the demand for exemption from punishment. He said that since it is just being implemented, there is a question as to how the court will accept it. "It will be difficult if the investigating officer does not get help in big organized crimes," he said.

Nepal Bar Association President Gopal Krishna Ghimire said that every citizen has the right to a fair trial. He argued that if the implementation of the guidelines is not correct, it can go wrong. Ghimire says that the purpose of criminal justice is to reduce crime, so real criminals should be punished. "Let there not be an unfortunate situation where an innocent person gets punished," he said. He said that the bar would support or oppose the guidelines based on practicality and usage.

Supreme Court Chief Registrar Lal Bahadur Kunwar said that there should be an atmosphere of trust in the implementation of the guidelines. He said that it may have to be modified later. Kunwar said that the court will take initiatives for implementation.

Deputy Attorney General Sanjeev Raj Regmi said that the guidelines have been issued with the hope of making the criminal justice system more efficient and less expensive, according to the provisions mentioned in the National Civil Procedure Act, which has been in effect since September 2075 BS. He said that if the accused's case is proved by the attorney general, the exemption will be offered and if it is not as stated, it can be canceled later. For that, the Attorney General will have to grant exemption from punishment.

Regmi said that by remission of the sentence, appeals will be reduced, the case will be decided quickly, and the expenses incurred in the case will also be reduced. "Along with the accused, the investigator and attorney general have more responsibility," he said, "the victim is also included in the discussion, but the victim does not have a decisive role." The guidelines have been issued to make the effective implementation of the matters that have come into the law.