This article will help you to know all about rape law in Nepal including marital rape, legal provisions, punishment, etc.
The word ‘rape’ is derived from the Latin word ‘rapio’ which means forcible capture. Rape is sexual intercourse without the consent of either male or female.
According to the past laws, to be a rape, there should be the insertion of the penis into the vagina, and discharge of ejaculation was necessary.
But in modern laws, even a mild penetration is considered to be rape. Discharge of ejaculation is not necessary.
Not only this, modern law covers anal sex and oral sex as rape due to which even a male can be the victim of rape. Law related to rape in Nepal is guided by Muluki Criminal code 2074.
Rape Law in Nepal – Legal Provisions
Muluki Criminal Code 2074 guides the rape law in Nepal. According to Muluki Criminal Code 2074, whoever has sexual intercourse with a woman without her consent or, in the case of a woman below eighteen years of age even with her consent, shall be deemed to have committed rape.
A person committing rape shall be liable to punishment, having regard to the circumstances of the commission of rape and the age of woman, with the following imprisonment and fine:-
- from 16 years to 20 years, if the minor is below ten years.
- from 14 years to 16 years, if the minor is above ten years but below fourteen years.
- from 12 years to 14 years, if the minor is above fourteen years but below sixteen years.
- from 10 years to 12 years, if the woman is above sixteen years but below 18 years.
- from 7 years to 10 years, if the woman is above 18 years.
Section, 219 (6): Where a person has committed rape knowing that he/she has HIV infection, he/she shall be liable to punishment with additional punishment of up to ten years imprisonment and one lakh fine and for knowingly rape with the sexually transmitted disease is up to additional 3 yrs imprisonment and up to thirty thousand fine.
Section 219 (7): If the rape of a woman is committed in a group or the rape is committed with a woman having the pregnancy of more than six months or with a disabled or handicapped or physically or mentally ill woman or the rape is committed forcibly by displaying a weapon, one shall be liable to punishment with additional imprisonment of up to five years imprisonment mentioned in subsection 3.
Section 219 (8): Where rape is committed with a woman having incestuous relation, he shall be liable to an additional punishment for incest in the punishment to be imposed under this chapter.
Section, 219 (6): Where a person has committed rape knowing that he/she has HIV infection, he/she shall be liable to punishment with additional punishment of up to ten years imprisonment and one lakh fine and for knowingly rape with the sexually transmitted disease is up to additional 3 yrs imprisonment and up to thirty thousand fine.
Section 219(8): Where rape is committed with a woman having incestuous relation, he shall be liable to an additional punishment for incest in the punishment to be imposed under this chapter.
No Sexual Intercourse with Detainee Woman
Section 221: If sexual intercourse is done with a detainee woman, he shall be liable to punishment with imprisonment not exceeding three years and if such intercourse is an offense under this code or any other law in force for the time being, the punishment under this section shall be added into the punishment under that other provision.
Not to have Sexual Intercourse with a Woman under one’s own Protection or Security
Section 222: If such is done, he shall be liable to punishment with imprisonment not exceeding three years and if such intercourse is an offense punishable under this Code or other laws in force, the punishment under this Section shall be added to the punishment provided for that offense.
Not to have Sexual Intercourse with a Woman in Office or Receiving Professional Service
If such is done, he shall be liable to punishment with imprisonment not exceeding four years and a fine not exceeding forty thousand rupees if such intercourse is an offense punishable under this Code or other laws in force, the punishment under this Section shall be added to the punishment provided for that offense.
FAQs – Rape Law in Nepal
Can consent given by minors for sexual intercourse is valid?
No, the consent given by minors is not valid. A woman who is below 18 years of age can not give consent for sexual intercourse according to the law of Nepal.
Is penetration of the penis into the vagina is enough for committing rape?
Yes, penetration is sufficient to be responsible for rape. In the past, discharge of ejaculation was necessary to be called rape but by now it is not required.
Can a wife file a case against her husband for rape?
Yes, according to the present law of Nepal, a wife can file a case against her husband if the wife is forcefully involved in sexual activities by her husband. Husband may be punished in the offense of marital rape if found guilty.