DETAINED ABROAD
Foreign nationals imprisoned across the Indo-Pacific face acute vulnerabilities in the criminal justice system. Unfamiliar laws, language barriers, and inadequate legal representation leave them disproportionately exposed to the risk of torture and ill-treatment in custody, and to the application of the death penalty. These risks are compounded when consular access is denied or delayed. Without timely notification of their right to embassy or consulate support, foreign nationals may unknowingly waive critical legal protections, face trial without adequate representation, and remain unaccounted for to their families for months or years.
Detained Abroad is a free legal resource that maps the rights of foreign nationals who are imprisoned, facing the death penalty, or at risk of torture across the Indo-Pacific region. For each country, it examines the applicable domestic legal framework, identifies where it falls short of international standards, and sets out the protections and remedies available in practice, including the procedures that allow foreign nationals to serve their sentences in their home country.
For a consolidated overview of the international legal standards referenced across this site, see the International Legal Framework page.
Nepal
Death Penalty
International obligations:
Acceded (1991)
Ratified (1998)
Torture & Ill-Treatment
Article 22, Constitution of Nepal 2015 ; National Penal Code 2017
International obligations:
Acceded (1991)
Not Ratified
Imprisoned Foreign Nationals
International obligations:
Ratified (1965)
Situation Overview
1990
DEATH PENALTY ABOLISHED
Total Abolition of the Death Penalty
Read more…Nepal remains a leading abolitionist state in South Asia, having constitutionally prohibited the death penalty for all crimes since 1990. The 2015 Constitution reaffirms this in Article 16(2), and the National Penal Code 2017 utilises life imprisonment (25 years) as the maximum sentence for heinous offenses, ensuring no person, including foreign nationals, faces execution.
184%
PRISON OCCUPANCY RATE
Prison Population and Overcrowding
Read more…As of February 2025, Nepal held 29,484 prisoners across 75 facilities, against an official capacity of 16,000 — an occupancy rate of approximately 184%. The government has constructed several new facilities, though existing infrastructure remains severely strained.
53%
PRE-TRIAL DETAINED
Pre-Trial Detention
25
TORTURE PROSECUTIONS (2018–)
Torture and Ill-Treatment
Read more…Torture is criminalised under the National Penal Code 2017 and prohibited under Article 22 of the Constitution. However, impunity remains pervasive: despite the law coming into force in August 2018, Nepal reported only 25 prosecutions as of 2025 and no confirmed convictions. UN treaty bodies and civil society organisations have repeatedly documented custodial torture, particularly during police investigations.
5.4%
WOMEN IN PRISON
Women and Juveniles
333
FOREIGN NATIONALS EXPELLED
Introduction of the FNMIS
Read more…In January 2026, the Department of Immigration launched the FNMIS to monitor the activities and movements of foreigners via mandatory hotel and travel logs. While the Government maintains its use as a safety measure for tourists, it has increased the surveillance of foreign residents and contributed to arrests of foreign nationals for visa-related and prohibited activities.
Legal Framework in Practice
Detention & Identity
Who qualifies as a foreign national under Nepalese law?
Under Nepalese law, a foreign national is residually defined by the Immigration Act, 2049 (1992) as any person who is not a citizen of Nepal at that time. This definition encompasses a broad spectrum of individuals, ranging from ordinary tourists and Indian national – who enjoy unique visa-free privileges under the 1950 Treaty of Peace and Friendship – to Non-Resident Nepalis (NRNs) of foreign nationality and former citizens whose Nepalese status automatically lapsed upon the acquisition of a foreign passport. While the law allows for naturalisation after 15 years of residency and the renunciation of original citizenship, Nepal’s strict prohibition of dual nationality means that any person holding a foreign passport is legally classified as a foreigner, regardless of their ancestral ties or former status.[8]Non-Resident Nepali Rules 2066 (2009), available at: immigration.gov.np; Immigration Act, 1992, available at: refworld.org
What are the basic rights of a foreign national upon arrest or detention?
In Nepal, foreign nationals are entitled to fundamental legal protections upon arrest or detention, primarily derived from the Constitution of Nepal (2015) and the National Criminal Procedure (Code) Act, 2017.
Under Article 20 (Rights relating to Justice) of the Constitution, any person (including foreign nationals) arrested in Nepal has the following rights:
Immediate Rights Upon Arrest
- Right to be Informed of the Grounds of Arrest: No person can be kept in custody without being informed of the specific grounds for their arrest.
- Right to Legal Counsel: Every person has the right to consult and be defended by a legal practitioner of your choice from the moment of arrest.
- Confidentiality: All consultations and advice given by the lawyer must remain strictly confidential.
- The 24-Hour Rule: The detainee must be produced before a judge (adjudicating authority) within 24 hours of arrest, excluding travel time, and cannot be detained further without a formal court order.
Trial and Prosecution Protections
- Presumption of Innocence: Every person charged with an offence is presumed innocent until proven guilty by the court.
- Right to a Fair Trial: Every person is guaranteed a fair trial by an independent, impartial, and competent court or judicial body.
- Right to be Informed of Proceedings: A detainee must be kept informed of any legal actions or proceedings taken against them.
- Protection Against Self-Incrimination: A detainee cannot be compelled to testify against themselves.
- Protection Against Double Jeopardy: A detainee cannot be tried and punished for the same offence more than once.
- Protection Against Retroactive Laws: A detainee cannot be punished for an act that was not a crime at the time it was committed, nor can they be given a penalty harsher than what the law allowed at the time of the offence.[9]The Constitution of Nepal 2015, available at: ag.gov.np
What right does a foreign national have to contact their embassy or consulate?
Nepal acceded to the Vienna Convention on Consular Relations (VCCR) in 1965. Under Article 36, authorities are required to inform a foreign national “without delay” of their right to have their embassy or consulate notified of their arrest or detention.
This right is reinforced by the Ministry of Foreign Affairs Protocol and Consular Handbook (2024), which provides guidelines for law enforcement on handling foreign detainees. Under Section 207, the Department of Consular Services is responsible for providing “consular access to jails to meet detainees/prisoners” and for “notification to diplomatic missions regarding detention, injury and death of their citizens.”[10]Ministry of Foreign Affairs (Nepal), Protocol and Consular Handbook (Protocol Division, August 2024), available at: giwmscdntwo.gov.np
What protections exist for foreign nationals who have no embassy, or who are stateless or a refugee?
Nepal has not acceded to the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol, the 1954 Convention Relating to the Status of Stateless Persons, or the 1961 Convention on the Reduction of Statelessness. Foreign nationals in these situations therefore have no right to formal asylum or recognised refugee status under Nepali law, and the government treats most refugees who lack a valid visa as irregular migrants under the Immigration Act 1992.
In the absence of a legal framework, some protection operates through administrative practice. Nepal has historically hosted Tibetan refugees (from 1959) and Bhutanese refugees (from 1990–91), and has established a National Unit for the Coordination of Refugee Affairs within the Ministry of Home Affairs to manage refugee matters. UNHCR conducts refugee status determination in Nepal and provides a degree of protection for recognised refugees, though this is dependent on continued access and has no statutory basis in domestic law.[11]Immigration Act 1992 (Nepal), available at: refworld.org; UN High Commissioner for Refugees, Submission by the United Nations High Commissioner for Refugees for the Universal Periodic Review: Nepal, 51st Session (July 2025), available at: upr-info.org
LEGAL REPRESENTATION
Is legal representation state-provided or does a foreign national need to arrange it independently?
Article 20(2) of the Constitution of Nepal 2015 guarantees the right to consult and be defended by a legal practitioner of one’s choice from the moment of arrest, and all consultations between a detainee and their lawyer are confidential.
For individuals who cannot afford private counsel, Article 20(10) of the Constitution guarantees the right to free legal aid. This is implemented through the Legal Aid Act 1997, which establishes a system of “duty lawyers” (public defenders) stationed at every District Court and the Office of the Attorney General.
In practice, the government’s integrated legal aid reporting system registered 1,829 cases in the financial year 2024/25, of which 873 had been decided and 956 were ongoing.
Practical Barriers for Foreigners: While the law is inclusive, foreign nationals often struggle to access state-provided lawyers due to language barriers and a lack of specialised training among duty lawyers regarding immigration laws or consular protocols. According to the 2024 US State Department Report, while the government provides legal aid, the quality and reach of these services are often limited by significant funding and staffing shortages.[12]The Constitution of Nepal 2015, Art. 20, available at: ag.gov.np; Legal Aid Act 2054 (1997), available at: grassrootsjusticenetwork.org; US Department of State, 2024 Country Reports on Human Rights Practices: Nepal (2025) 8, available at: state.gov; Amnesty International and Advocacy Forum-Nepal, ‘Nepal: Government Must Fulfil Its Promise and End the Use of Torture and Other Ill-Treatment’ (Joint Public Statement, 26 June 2024) ASA 31/8210/2024, available at: amnesty.org; PILnet and Neupane Law Associates, ‘Provision of Legal Aid for Asylum-Seekers, Refugees, and Others Forcibly Displaced in Asia: Country-Level Memorandum: Nepal’ (PILnet 2022), available at: pilnet.org
Torture & Ill-Treatment
What legal protections exist against torture and ill-treatment in Nepal?
Torture is prohibited under Article 22 of the Constitution of Nepal 2015, which guarantees that no person in detention shall be subjected to torture or cruel, inhuman, or degrading treatment. It is also criminalised under section 167 of the National Penal (Code) Act 2017; this section prohibits any authority involved in investigation, prosecution, or detention from subjecting a person to physical or mental torture or to cruel, brutal, inhuman, or degrading treatment. The penalty is up to five years’ imprisonment, with compensation payable to the victim.
Nepal also retains the Compensation Relating to Torture Act 1996, which provides a separate civil remedy allowing victims to seek financial compensation through the district courts.
At the international level, Nepal acceded to the UN Convention Against Torture (UNCAT) and the International Covenant on Civil and Political Rights (ICCPR) in 1991, accepting binding obligations to prevent and punish torture and to ensure effective remedies for victims. Nepal has not ratified the Optional Protocol to CAT (OPCAT), meaning there is no independent international mechanism for the regular inspection of places of detention.
Despite this legal framework, impunity for torture remains a serious concern. The government’s own UPR submission to the Human Rights Council in November 2025 reported only 25 individuals prosecuted for torture and related offences as of 2025 — since criminalisation in August 2018. Civil society organisations have reported no confirmed convictions under section 167 of the National Penal (Code) Act.[13]Constitution of Nepal 2015, art 22, available at: ag.gov.np; National Penal (Code) Act 2017 s 167, available at: bwcimplementation.org; Compensation Relating to Torture Act 1996, available at: refworld.org; Government of Nepal, National Report Submitted to the Human Rights Council Working Group on the Universal Periodic Review: Nepal, UN Doc A/HRC/WG.6/51/NPL/1 (12 November 2025) para 60, available at: un.org; Amnesty International and Advocacy Forum, Nepal: Systemic Failure to Prevent Torture and Ensure Justice for Victims (26 June 2025), available at: amnestynepal.org
What recourse is available if a foreign national has been tortured or mistreated in custody?
Two domestic avenues exist, each with significant limitations:
- Criminal complaint under the National Penal Code 2017: A complaint may be filed with the relevant authorities seeking prosecution of the perpetrator under section 167. In practice, prosecutions are rare and no convictions under this provision have been confirmed since it came into force in 2018.
- Compensation claim under the Compensation Relating to Torture Act 1996: A victim may file a complaint at the district court of the district where the torture occurred, claiming financial compensation. Under section 5(1) of the Act, this complaint must be filed within 35 days of the torture taking place or of release from detention. The National Penal Code 2017 additionally imposes a six-month limitation period for torture complaints filed under the criminal framework. Both time limits have been criticised as inconsistent with the standards in Article 14 of UNCAT, which requires accessible and timely remedies without placing undue procedural burdens on victims.
- Constitutional remedy: Under Article 46 of the Constitution, any person may file a writ petition before the Supreme Court or High Court challenging a violation of fundamental rights, including the right against torture under Article 22. This avenue is not subject to the same short limitation periods and may be relevant where the criminal and civil routes are not accessible.
Where mistreatment amounts to a serious human rights violation, complaints may also be submitted to the National Human Rights Commission of Nepal. The Commission has the power to investigate, make recommendations, and refer cases for prosecution, though it cannot compel action.[14]Compensation Relating to Torture Act 1996, s 5(1), available at: refworld.org; National Penal Code 2017, s 167, available at: bwcimplementation.org; Constitution of Nepal 2015, arts 22, 46; National Human Rights Commission Nepal, available at: nhrcnepal.org
DEATH PENALTY
Which offences carry the death penalty in Nepal?
Nepal has maintained a total abolitionist stance for decades. Article 16(2) of the Constitution explicitly states that “no law shall be made providing for the death penalty.” This is reinforced by Nepal’s ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR). Consequently, no foreign national can be sentenced to death in Nepal, regardless of the severity of the crime.
The maximum sentence available under Nepali law is life imprisonment. Under sections 41 and 42 of the National Penal Code 2017, two forms of life imprisonment exist. For the most serious offences — including murder committed with cruelty or torture, murder through aircraft hijacking or kidnapping, genocide, and murder combined with rape — the court must impose imprisonment for the offender’s entire natural life. For all other offences attracting a life sentence, the term is calculated as 25 years.
Nepal ratified the Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty, on 4 March 1998, cementing this prohibition under international law as well as domestic law.[15]Constitution of Nepal 2015, art 16(2), available at: ag.gov.np; National Penal Code 2017, ss 41–42, available at: bwcimplementation.org; Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty (adopted 15 December 1989, entered into force 11 July 1991) 1642 UNTS 414 (Nepal acceded 4 March 1998)
What additional protections apply to a foreign national facing a capital charge?
Because Nepal does not impose the death penalty, no foreign national can face a capital charge in a Nepali court. This question does not arise in practice.
Foreign nationals facing the most serious charges — those carrying a maximum sentence of natural life imprisonment — are entitled to the same constitutional fair trial guarantees as all persons under Article 20 of the Constitution, including the presumption of innocence (Article 20(5)), the right to legal counsel from the moment of arrest (Article 20(2)), and the right to be informed of charges (Article 20(8)). These guarantees apply to “every person” regardless of nationality.
Consular protections under Article 36 of the VCCR and corresponding provisions under the Ministry of Foreign Affairs Protocol and Consular Handbook (2024), also apply, requiring authorities to notify the detainee’s consulate without delay and permitting consular officers to visit and provide assistance.[16]Constitution of Nepal 2015, arts 20(2), 20(5), 20(8), available at: ag.gov.np
Can evidence or documentation from a foreign national’s home country be submitted in proceedings?
Evidence or documentation from a foreign national’s home country can be submitted in both criminal and civil proceedings, provided it meets strict authentication requirements:
- Legal Admissibility: Under the Evidence Act 1974, documents generated outside Nepal are admissible if they are relevant to the case. For a foreign document to be accepted by a Nepalese court, it typically must undergo a “chain of authentication,” which includes notarisation in the home country, attestation by that country’s Ministry of Foreign Affairs, and finally, legalisation by the Nepalese Embassy or Consulate in that jurisdiction.
- Language and Translation: The National Criminal Procedure (Code) Act 2017 requires all documents submitted to the court to be translated into Nepali. Foreign nationals are responsible for providing certified translations; failure to do so often results in the court disregarding the evidence.[17]Evidence Act 2031 (1974), available at: unodc.org; National Criminal Procedure Code 2017 (Nepal), s 69, available at: bwcimplementation.org
What pardon or clemency mechanisms are available?
Article 276 of the Constitution of Nepal 2015 vests clemency power in the President, who may grant a pardon, commute, reduce, suspend, or remit any sentence imposed by a court, judicial or quasi-judicial body, or administrative authority. Under Article 66(2), the President must exercise all powers and duties on the recommendation of the Council of Ministers.
Petitions are submitted to the Department of Prison Management, which passes its recommendation to the Ministry of Home Affairs. The Ministry evaluates the case before submitting a list to the Council of Ministers, which then advises the President.
Clemency is not available for all offences. Section 159(4) of the National Criminal Procedure Code 2017 expressly prohibits any pardon, suspension, alteration, or reduction of sentence for convictions involving: corruption; torture; rape; murder committed in a cruel or inhumane manner; genocide; human trafficking; money laundering; abduction or enforced disappearance; possession of explosives; and narcotics trafficking where the sentence imposed exceeds three years. The Criminal Offences (Sentencing and Execution) Act 2017 creates a parallel list of offences excluded from sentence remission, which includes all of the above as well as life imprisonment generally and organised crime.[18]Constitution of Nepal 2015, art 276, available at: ag.gov.np; National Criminal Procedure Code 2017 (Nepal), s 159(4), available at: bwcimplementation.org; Criminal Offences (Sentencing and Execution) Act 2017 (Nepal), s 37; Office of the President of Nepal, Functions, Duties and Powers of the President as per the Constitution of Nepal, available at: president.gov.np
Repatriation
Under what conditions can a foreign national apply to serve their sentence in their home country?
Nepal has no dedicated domestic legislation enabling the international transfer of sentenced persons, and no bilateral prisoner transfer treaty with any country has been identified. In the absence of such a framework, foreign nationals generally serve their full sentence in Nepal. Upon completion of sentence, deportation is provided for under the Immigration Act 1992.
Under international frameworks, including the UN Model Agreement on the Transfer of Foreign Prisoners (GA Res 40/32, 1985), states are encouraged to enter bilateral or multilateral arrangements to enable foreign prisoners to serve their remaining sentences at home. Nepal has not implemented these frameworks.[19]Model Agreement on the Transfer of Foreign Prisoners and Recommendations on the Treatment of Foreign Prisoners, UN Doc A/40/776 Annex (1985), available at: digitallibrary.un.org
Rights Matrix
| Right | International Law | Domestic Law |
|---|---|---|
| Right to be informed of grounds of arrest | ICCPR, art 9(2) | Constitution of Nepal 2015, art 20 |
| Right to legal counsel from moment of arrest | ICCPR, art 14(3)(d) | Constitution of Nepal 2015, art 20(2) |
| Right to be produced before a judge within 24 hours | ICCPR, art 9(3) | Constitution of Nepal 2015, art 20 |
| Right to a fair trial before an independent and impartial court | ICCPR, art 14(1) | Constitution of Nepal 2015, art 20 |
| Presumption of innocence | ICCPR, art 14(2) | Constitution of Nepal 2015, art 20(5) |
| Protection against self-incrimination | ICCPR, art 14(3)(g) | Constitution of Nepal 2015, art 20 |
| Protection against double jeopardy | ICCPR, art 14(7) | Constitution of Nepal 2015, art 20 |
| Protection against retroactive punishment | ICCPR, art 15 | Constitution of Nepal 2015, art 20 |
| Right to be informed of proceedings | ICCPR, art 14(3)(a) | Constitution of Nepal 2015, art 20 |
| Right to state-funded legal aid | ICCPR, art 14(3)(d) | Constitution of Nepal 2015, art 20(10); Legal Aid Act 1997 |
| Consular notification and access | Vienna Convention on Consular Relations 1963, art 36 | Ministry of Foreign Affairs Protocol and Consular Handbook 2024 |
| Freedom from torture and ill-treatment | UNCAT, arts 2, 16; ICCPR, art 7 | Constitution of Nepal 2015, art 22; National Penal Code 2017, s 167 |
| Right to compensation for torture | UNCAT, art 14 | Compensation Relating to Torture Act 1996, s 5(1) |
| Right to challenge detention (habeas corpus) | ICCPR, art 9(4) | Constitution of Nepal 2015, arts 23, 133 |
| Prohibition on death penalty | ICCPR-OP2 | Constitution of Nepal 2015, art 16(2) |
| Right to seek pardon or commutation of sentence | ICCPR | Constitution of Nepal 2015, art 276; National Criminal Procedure Code 2017, s 159 |
