UNIT- 4

EXECUTION OF JUDGEMENT

4.1. Application for execution of judgment in civil and criminal

case
4.2. Role of judgment Execution Directorate
4.3. Compromise between the parties in the situation of
Execution
4.3.1. Forfeiture
4.3.2. Force Closure

4.1 Application for execution of judgement in civil and Criminal

cases

No judgement of any court, no order of any judge is of any use unless it can be
enforced.
- Lord Dennings

‘Executio est finis et fructus legis’ A latin term meaning “ an execution is the end
and fruit of law”, Winning a judgement maybe only half the battle, and collecting it
the other half.
- A popular adage in legal circles

The above quotes illustrate that the execution of court orders and judgments are
as crucial as the pronouncement of the rulings themselves. Even if a fair and just
decision is delivered by a court, but is not implemented in whole or part, then it is
of no value. The victim will not get justice and the offender will skip sanction,
regardless of how much virtuous the judgment could have been. The society will
not change for the better. The wrong will not be remedied. The State will fail to
uphold justness and fairness. Hence, a verdict without execution is akin to a body
without life, with no practical value. So, modern governments have put as much
impetus on the execution of court decisions, as on the decisions themselves.
Needless to say, the making of sound judgements as well their smooth

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implementation at the field level go hand in hand. The prime motivator for people
to refer their cases to the courts for disposal is an underlying belief that their rulings
shall be enforced rigorously. If the matter of implementing a court ruling is left at
the will of parties, then there shall be no point for the public to move a case at the
court for settlement. Public trust and goodwill for the judiciary will remain as long
as good judgements are produced and are also executed in equal measure. If there
remain significant hurdles in the execution of judgements, then it will gradually
breed impunity and a culture of defiance in our societies.
Though every Strategic Plans of the Judiciary, right from the first to the current
fourth, have placed high expectations on effectiye implementation of verdicts and
final orders issued by different tiers of courts, the actual rate of enforcement is still
dismal, though much progress has been seen of late. In this light, the Report of
Royal Judicial Reform Commission (2040 BS) pointed out that in the absence of
judgement execution, only paper justice will prevail leading to an erosion of public
trust in the judiciary 103, 'The Report of Courts Strengthening Suggestion
Committee (2058 BS) also noted that only the execution of judgement is capable of
breathing life into the decisions and final orders; otherwise, it will lead to paper
justice alone.

Likewise, The execution of judgment is the act of getting an officer of the court to
take possession of the property of a losing party in a lawsuit, called the judgment
debtor, on behalf of the winner, called the judgment creditor, sell it and use the
proceeds to pay the judgment.

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 PROCEDURE RELATED
SUBJECT LAWS
Tahasil sakha For the execution of judgement, there is the tahasil DCR 7
sakha in every district court.

Tahasildar Works related to execution of judgement lies on DCR 3

tahasildar from tahasil sakha.

Main subject related to 1. Recovery of amount (bigo bharaune) Sec 221

execution of civil 2. Partition MCPC
judgement 3. Procedure of foreclosure ( chalan chalaune)
4. Procedure of preemption ( hak nikhanne)
5. Court fee
6. Forfeiture of fine

1. Execution shall be done by the district court Sec 230

Office responsible for where the complaint has been filed. MCPC
execution of civil
judgement 2) Even in the case of judgement given for the
appeal case , the execution of the judgement
shall be done by district court.

3) If the district court is not fixed due to the

subject matter of the case, court that hears
the appeal cases shall decide the district court
from where the judgement will be executed.

4) The descision given by the other offices except

the regular court shall be executed by
respective offices.

In case of Nepal, the concerned District Court is the chief enforcer of court orders
and decisions. It executes not only its own judgements, but also of the High Courts,

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the Special Court, and Supreme Court, and even of arbitration panels. It maintains
a detailed account on how much of the court judgements have been implemented
and how much are pending. The other courts and tribunals also write to the District
Court to enforce their verdicts, unless the litigants or defendants agree to
implement them voluntarily. In case of a verdict in civil cases, the benefitting party
is required to file a separate application for execution before the Tehsil Shakha
(Enforcement Section) of the concerned District Court, so as to realize the fruits of
court ruling. The decisions in criminal cases are enforced by the concerned District
Court or the judgement Execution Directorate in cooperation with the Nepal Police.
The orders or rulings in writ cases are executed by the concerned individuals or
institutions, both private and public, in whose names those orders have been issued
and it often presupposes multiagency partnership. Chapter 10 of the District Court
Rules, 2018 (2075 BS) lays out the process of execution of judgements in detail.
There is a special Tehsil Shakha in every District Court. The Tehsil Shakha is headed
by a Tehsildaar (Enforcement Officer) and acts as an executive arm of the court in
implementing its decisions. It is tasked with all the duties regarding execution of
judgements. In this process, it discharges duties such as recording and recovering
the overdue fines, government sums and jail terms, to write off the recovered dues,
to cause to pay back the contested amount and to enforce property partition, as
held by the courts. If a person sought for default in clearing fine, contested amount
or jail term appears at the court for any reason, he or she should be arrested and
the arrears are to be recovered instantly. The court staffs may arrest such a
defaulter wherever they may find him or her and recover the dues incurred on him
or her. A mobile team for recovering the overdue fines, government sums and jail
terms from defaulters should be dispatched twice a year in places where they could
be found. If no recovery can be made from them, they should be arrested and
produced before the concerned District Court. The assistance of local levels and
police may also be sought while deputing a team as above. The Tehsildaar may keep
a sum equivalent to 5 percent of the recovered amount as his or her incentive. If
any person other than a government employee recovers fine or a government sum,
then he or she may be offered 25 percent of such recovered sum as an incentive. If
an employee in a mobile team arrests a fugitive from law punished with
incarceration, the he or she shall receive an incentive at the rate of Rs. 150 per each
month of the jail term that the fugitive is required to serve. In order to further
bolster enforcement the District Court may write up to the local levels, police offices
and other agencies calling for a freeze in the availability of public services and
utilities to the persons not clearing their dues in terms of fines, government sums

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or jail terms. If the request as above is received, ther the concerned agency is duty
bound to act accordingly. A Judge of a superior court visiting a District Court on
inspection is required to assess whether the execution of judgements is being done
as per the laws or not, and has to mention the status in his or her report.

Similarly, the execution of judgements and orders may also be made without the
involvement of courts, either through a compromise or mediation effected
between the parties at their own will. However, this convenience is granted for civil
cases only. In civil cases, if the losing respondent do not obliges to the court orders
or verdicts voluntarily, then the winning plaintiff is required to file a separate
application either before the Tehsil Section or a Judge at the District Court asking
for the enforcement of verdict or order in its favour. Then, the court machinery shall
swing into action and the court ruling shall be executed. It shall be the ultimate
responsibility of the Judge acting as a Head of the District Court to ensure the
update of records and recovery of outstanding fines and penalties as imposed by a
court decision Any inspection report will feature whether the recovery of arrears in
moneys or jail terms, as induced by court verdicts, have been actively carried out
or not. The goods submitted at the court as evidence or otherwise may be returned
to their rightful owners, pending final decision. Likewise, perishable or reusable
items may be auctioned off and the proceeds shall be kept at the surety account.
The District Court Rules, 2018 (2075 BS) also provide that a party dissenting with
the order of Tehesildaar (Enforcement Officer) or Shrestedaar (Registrar), including
during judgement execution, may lodge a complaint before the concerned Bench
within 15 days and that complaint has to be settled within 15 days, in genera, The
High Court sends its verdicts or orders to the concerned District Courts within its
territorial jurisdiction for their execution. However, if the defendant or party
voluntary presents itself to execute the court's judgement, then enforcement shall
take place instantly. If it is a case of incarceration, he or she shall be sent to the
concerned Prison Office, and if the matter is of moneys, then he or she shall be
caused to pay the same and a receipt shall be issued accordingly. The same process
holds true for the Special Court and Supreme Court also.

In order to incentivize the execution of court judgements by the parties on their

own accord, the National Civil Procedure Code, 2017 (2074 BS) also provides for an
encouraging provision that the parties may implement the decision through
compromise between themselves, if they so choose106. It means that the parties
may even make adiustments or accommodations in the actual enforcement of

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judgement to which the court or Judge shall not object. Moreover, the Supreme
Court has also enacted Guidelines on the Enforcement of Judgements, 2018 (2075
BS) in order to add teeth to the implementation drive.

Procedure of Execution of Judgement:

1) Preparing Records
If the court makes a judgment then concern employee shall prepares a record on
concern cases.

2)Jurisdiction of Courts
As a general rule territorial jurisdiction is a condition precedent for a court to
execute decree. Neither the court which passed the decree nor the court to which
it is sent for execution can execute it in respect of property lying outside territorial
jurisdiction.
If a decree passed by court without jurisdiction is nullity and its invalidity can be set
up whenever and wherever it is sought to be enforced even at the stage of
execution.

3) TRANSFER OF JUDGEMENT
There are some of the situation when the execution of Judgement may be
transfer to another courts and they are as follows:
 If the person does not have property within the local limits of the jurisdiction
of the court, which passed the decree sufficient to satisfy such decree and
has property within local limits of jurisdiction of such other court
 If the court which passed the decree considers for any other reason to be
recorded in writing the decree should be executed by such other court

4) Attachment of property
The modes in which various properties may be attached are as given below:

MODE OF ATTACHMENT
TYPE OF PROPERTY
1. Movable property in by actual Seizure and sale if the property is
possession of judgement subject to speedy and natural decay
debtor

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 2. Movable property not in by order prohibiting person in possession
possession of judgement from giving it to judgement debtor.
debtor
3.Negotiable instrument by actual seizure and bringing it to court

4. . Share in a company by an order prohibiting the holder from

transferring it or receiving dividend.

5. Share or interest in movable by notice to the judgement debtor prohibiting

property him from transferring or charging it

by an order that amount shall be withheld

6. Salary or allowance of from such salary or allowances
employee
7.Property in custody of other by notice requesting that such property may
court or officer be held subject to order of the court
8. Agricultural produce By affixing copy of warrant on the land and on
the house where judgement debtor resides.
9. Immovable property By an order prohibiting judgement debtor
from charging or transferring it
Attachment has been described as seizing another’s property and involves the act
or process of taking, apprehending or seizing the property and bringing the same
in custody of the court. It is mainly used to seize the debtor’s property in order to
secure the claim of the creditor. The orders of attachment if promptly passed may
effectively prevent the judgement debtor from transferring his property and
expedite the compliance of decree including payment of money.

5) Claim Petitions
The claimant or objector should satisfy the Court that at the date of the attachment,
they had some interest in, or was possessed of, the property which has been
attached. If the Court considers that the claim application was designedly or
unnecessarily delayed, no such investigation shall be made. The order made under
this rule shall have the same force as if it was a decree. If the property attached has
already been sold, no such claim or objection shall be entertained.

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6) Court Fees

In Legal Context of Nepal: In Civil cases

As per Muluki Ain Civil Procedures Code 2074 we have following provisions:
 Section 229. Records to be prepared
 Section 230. Execution of judgment or order by concerned district court
 Section 231. Stay of execution of judgment
 Section 232: Not to bar execution of judgment or deed of compromise
 Section 233: Attorney may be appointed:
 Section 234. Opportunity to be given for compromise or mediation:
 Section 235. Parties to remain on recognizance:
 Section 236. Power to execute judgment upon collecting additional fee
 Section 237. Case may be taken over or expired date for appearance may be
extended
 Section 238. Procedures for enforcement
 Section 239. Procedures for effecting registration and de-registration of
matter and transmission
 Section 240. Procedures relating to preemption:
 Section 241. Procedures for effecting partition:
 Section 242. Procedures for recovering claimed amount:
 Section 243. Property subject to attachment:
 Section 244. Imprisonment for claimed amount or fine:
 Section 245. Matter to be done when the judgment debtor dies:
 Section 246. Concession in fine:
 Section 247. Execution of deed of compromise:
 Section 248. Period for refund of court fee, deposit and cost:
 Section 249. Fee chargeable for the execution of judgment

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Execution and Enforcement of Judgement in civil cases.
Provisions for the execution and enforcement of judgement in civil cases are
mentioned in;
Chapter 22, section 229- 253 of Muliki Civil Procedural Code 2074.
Rule 52-59 of Muluki Civil Procedural Regulations, 2075
Rule 85-93 of District Court Rules, 2075
Rule 137 of High Court Rules, 2073
Rule 127- 141 of Supreme Court Rules, 2074

Application for Execution and Enforcement of Judgement in civil cases

The responsibility for enforcing a decision usually rests with the trial court. After
the final decision is made by the court, the concerned party of the case has to make
the application for the execution and enforcement of judgement in the court or the
judicial body where initial hearing and decision was made.
Each district court has a ‘tahasil saakha’ to implement the decision made by the
court.

If the application is made in tahasil sakha, the concerned officers shall examine if
the application is a valid one or not. Only if the application is valid, on the order of
district court judge, further proceeding for execution of judgement must be
proceeds

Section 230 of Muluki Civil Procedural Code 2074 mentioned that;

The district court where the plaint or complaint was filed shall execute the
judgment made in such a case irrespective of the level of the court making
judgment in the case.
But, the concerned body shall execute any judgment or order made by anybody
other than the regular court.
Similarly, if the district court to execute the judgment or order cannot be
ascertained because of the subject matter of the case, the district court designated
by the appeal hearing court shall execute the judgment or order in that case.

Similarly, All the responsibilities and management for execution and the
enforcement of judgement of the case shall lies on the tahasil saakha . It is
mentioned in Rule 85 of District Court Rules, 2074.

Section 229: Records to be prepared :(Muluki Civil Procedural Code)

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 1. If the court makes a judgment ordering the enforcement, registration and de-
registration of the matter, transmission, pre-emption, partition, realization of
claimed amount, recovery of fine or realization of court fee, the concerned
employee shall, as soon as possible, prepare a record thereof and send it to
the bailiff section (Tahasil Sakha) within three days of the preparation of the
judgment. Explanation: For the purposes of this Chapter, the term "claimed
amount" means any amount whatsoever including compensation awarded
by a judgment.
2. Upon receipt of the record pursuant to sub-section (1), the concerned
employee shall create a separate case-file, attaching therewith a copy of the
judgment, for the execution of the judgment.
3. If the record referred to in sub-section (2) has been prepared by the appeal
hearing court, the concerned employee shall forward such a case-file,
accompanied by the record, to the concerned district court within three days
of the preparation of the judgment.

Execution of judgment in criminal cases:

1. State as plaintiff
2. Individual as plaintiff

Provision relating to execution of judgment (Criminal procedure code Act,2074):

151. To establish record of sentence:

(1) If the court passes any judgment of any offence, the concerned court shall
establish a record of the sentence, fine or established amount or compensation
pursuant to such judgment.
(2) If the court hearing appeal passes judgment convicting any person of any offence
or any person is convicted of any offence being judgment of the lower court
reversed or void it shall establish a record and send a copy of the judgment to the
concerned district court to execute the judgment.

(3) After establishing a record pursuant to sub-section (1) or (2), the concerned
court shall execute the judgment and order other relevant bodies if they are
responsible for that purpose.

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(4) While making an order pursuant to sub-section (3), if the person liable to be
sentenced to imprisonment is present in the court, the court shall also forward him
or her to the prison; and where such a person is neither present in the court nor in
detention or in prison, the court shall order, in the format set forth in Schedule-49,
to the concerned police office for his or her arrest for the purpose of forwarding
him or her to the prison.

(5) If the same offender is liable to more than one sentence and there is a doubt as
to which sentence is higher, the prison office shall write to the concerned district
court and do as determined by the district court.

152. Bodies for judgment execution:

(1) Though the judgment is made by any tier of court for any case, the district court
where the charge sheet or plaint had been filed shall execute the judgment.
(2) Even for the cases instituted and settled by the appeal hearing court, the
concerned district court shall execute such judgment.
(3) Notwithstanding anything contained elsewhere in this Section, if the district
court cannot be identified because of number of defendants, condition of their
residents or properties, the district court as designated by the appeal hearing court
shall execute the judgment of such case.
(4) Judgments made by judicial bodies other than regular courts shall be executed
by concerned bodies.
(5) Notwithstanding anything stated in sub-section (4), except otherwise provided
in law in respect to judgment execution, the concerned district court shall execute
judgment execution pursuant to this Act.

153. Postponement of execution of judgment:

(1) The court shall postpone the execution of judgment in the following
circumstance:
(a) if an appeal is made in a case which is appealable pursuant to the prevailing
laws, until the case is finally disposed on appeal, or, if no such appeal is made, until
the period allowed for preferring appeal is expired,
(b) if the case is one requiring reference judgment pursuant to the prevailing laws,
until the order of reference is passed in such judgment.

(2) When an appeal is made pursuant to clause (a) of sub-section (1), the appellant
shall submit an application stating that matter to the concerned court.

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154. Confinement in prison:
(1) Upon receipt of an order as referred to in Section 151 or upon the offender
being arrested by the police office, the concerned prison office shall confine the
offender in prison in accordance with laws.
Provided that if a minor below the age of eighteen years is convicted of an offence,
the minor shall be held in a separate children reform home or similar other home
as provided by the Government of Nepal.
(2) While confining an offender in prison pursuant to sub-section (1), the prison
office shall prepare and update the record containing information,of when the
offender has been confined in prison or arrested and when service of sentence of
imprisonment will complete.

155. Payment of amount in lieu of imprisonment:

(1) If the court considers inappropriate, in view of the age of an offender who is
convicted, at the first instance, of any offence punishable with imprisonment for a
term of one year or less, gravity of the offence, mode of commission of offence and
his or her conduct, as well, to confine the offender in prison and is of the view that
there will be no threat to the public peace, law and order, and the court, for the
reasons to be recorded, considers it appropriate to dispense with the requirement
of undergoing imprisonment upon payment of a fine in lieu of imprisonment, the
court may order that the offender will not be liable to undergo imprisonment if he
or she makes payment in lieu of imprisonment.

(2) Prior to issuing an order pursuant to sub-section (1), the court shall cause a
bond to be executed by the offender that he or she will not commit any offence
henceforth and will comply with good conduct.
(3) In making payment of money by an offender who is dispensed with the
requirement of undergoing imprisonment upon payment of money in lieu of
imprisonment pursuant to sub-section (1), the offender shall pay money as three
hundred rupees a day.
(4) If any offender who is dispensed with the requirement of undergoing
imprisonment pursuant to sub-section (1) commits any offense punishable with
imprisonment within three years after the date of such release, such offender shall
be sentenced to punishment which shall also include the imprisonment sentenced
by that previous judgment.

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5) Notwithstanding anything contained elsewhere in this Section, if any foreign
national who has been convicted of any offence punishable with imprisonment for
a term of one year or less and is in detention or imprisonment makes a petition for
dispensing with the requirement of undergoing imprisonment upon payment of a
fine in lieu of imprisonment, and if the offence is not any offence set forth in sub-
section (4) of Section 159, and the court considers appropriate to release that
foreign offender from imprisonment upon payment of a fine in lieu of the
imprisonment, the court may order that the offender will not be liable to undergo
imprisonment if he or she makes payment in lump sum of the amount as five
hundred rupees a day.
(6) A person in relation to whom an order is made pursuant to sub-section (5),the
court shall order to send such person out of Nepal within seven days and the
immigration office shall send such person out of Nepal pursuant to the order of the
court.

7) Fifty percent of the amount received pursuant to sub-sections (3) and (5) shall
be paid to the victim relief fund established in accordance with laws.
(8) If the amount is paid pursuant to this Section, the offender shall be deemed to
have served the sentence of imprisonment.
(9) Notwithstanding anything contained elsewhere in this Section, the record of
imprisonment of the person who is dispensed with the requirement of undergoing
imprisonment pursuant to this Section shall remain valid until the period of
completion of the service of sentence of imprisonment, and the court may, at any
time, revoke the order referred to in this Section if he or she upholds conduct
contrary to sub-sections (2) and (4).
(10) If an order is revoked pursuant to sub-section (9), such an offender shall serve
the whole sentence commuted to him or her, by undergoing imprisonment.

156. Property to be attached:

(1) With the exception of earlier attachment of the property belonging to a person
against whom a warrant for arrest has been issued pursuant to sub-section (4) of
Section 151, if such person cannot be arrested and the concerned police office may
make a report, also indicating the description of his or her property, to the court for
making attachment to the movable and immovable property belonging to such a
person.

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(2) If a report is made pursuant to sub-section (1), the concerned court shall issue
an order to the concerned land revenue office or other body or institution to attach
the property belonging to such person.

157. Power to auction property:

(1) If any offender cannot be arrested even until six months from the date of issue
of warrant for arresting that offender pursuant to sub-section (4) of Section 151,
the amount of fine, punishment or compensation payable as per the judgment shall
be recovered by receiving cash from the concerned body or institution if the
property attached pursuant to Section 156, and by auctioning the property so
attached if it is other movable or immovable property and paying the government
recovered amount to the consolidated fund, paying compensation, if any, and the
remaining amount shall be returned to his or her heirs.
(2) If the offender is arrested before terminating the record of punishment
pursuant to this Act, sentence shall be executed by returning the property attached
pursuant to Section 156, upon recovering the expenses incurred in the execution of
such attachment if such property has not yet been auctioned, and the proceeds of
the auction sale of the property upon recovering the expenses incurred in the
execution of such attachment and auction, if such property has been auctioned, to
that offender.

158. Remission of sentence in the event of death of person sentenced:

(1) In the event of the death of person, upon being convicted by the court of an
offence, is sentenced, the whole sentence of imprisonment or fine remaining to be
executed until the time of his or her death shall ipso facto be remitted.
(2) Notwithstanding anything contained in sub-section (1), if a person, liable to pay
any governmental or personal amount in question, compensation or any other
amount, dies before making payment of such amount in question, compensation
or other amount, such amount or compensation shall, in accordance with this Act,
be recovered from the property belonging to such person only to the extent of the
amount recoverable from such property.

(3) In making such recovery of any amount in question, compensation or amount

pursuant to sub-section (2), the governmental amount in question, compensation
and personal compensation and amount in question shall be recovered in order of
priority from the property to the extent of recoverability from the property of such
a person.

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 159. Power to make pardon of punishment:
(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
remission or 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 imposed the sentence.
(3) In cases where a petition is made pursuant to sub-section (1), is forwarded by
the President to the Ministry of Home Affairs, that Ministry shall make a submission
to the Government of Nepal, to decide whether or not to remit or pardon, suspend,
alter or reduce the sentence imposed to the petitioner:
 (a) nature and circumstance under which that offence was committed,

 (b) age and physical condition of the offender,

 (c) ceiling of the sentence imposed to 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
punishment served by him or her,
 (e) Whether or not the offender is in custody.
(4) Notwithstanding anything contained elsewhere in Section (3), no action may be
taken to remit or pardon, suspend, alter or reduce the sentence imposed to the
offender of any other the following offences:
 (a) corruption,
 (b) torture,
 (c) rape or attempt to rape,
 (d) homicide by cruel and inhumane means or control

 (e) genocide,
 (f) explosives,
 (g) abduction, taking of hostage or disappearance,
 (h) human trafficking and transportation,
 (i) money laundering, and
 (j) Drug smuggling and transportation liable for imprisonment of three years
or more.
(5) Notwithstanding anything contained elsewhere in this Section, if the case is under
consideration in any court by way of appeal, reference, review or revision or if the
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 sentence is imposed by the judgment of a court hasn’t become final, the Ministry
of Home Affairs cannot not take action pursuant to sub-section (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) While making decision pursuant to sub-section (3), if the Government of Nepal
perceives any reasonable reason for pardoning or remitting the whole or any part of,
suspending, altering or reducing, the sentence imposed to the petitioner, it shall make
a submission, accompanied by its opinion along with the grounds for such remission,
suspension, alteration or reduction, to the President.
(8) If, upon the submission made pursuant to sub-section (7), the sentence imposed
to the offender is pardoned or remitted, suspended, altered or reduced by the
President, as recommended by the Government of Nepal, the Government of Nepal
shall give a notice thereof to the concerned court.
(9) After receiving the notice referred to in sub-section (8), the concerned court shall
accordingly void the record or update the record thereof.

(10) The judgment of the concerned court shall not be void by the reason of the
remission or pardon, alteration or reduction of the sentence imposed to any person
granted by the President pursuant to this Section nor shall it affect in any manner the
punishment already served or fine or claimed amount already paid by such person.
(11) The Government of Nepal may make necessary standard for the purpose of
making decision pursuant to sub-sections (3) and (7).

160. Record to be made void:

1. In any of the following circumstances, the record of punishment established
pursuant to sub-section (1) or (2) of Section 151 shall be made void by setting
out and recording the reason for the same:
 (a) if imprisonment is served by the offender pursuant to this Chapter,
 (b) if imprisonment is served by the offender by labor pursuant to the
prevailing laws,
 (c) if the imprisonment or fine is remitted due to death of the offender as
mentioned in Section 158,

 (d) if the imprisonment is completed by the offender in a reform home or

community centre or by doing community service in accordance with the
prevailing laws,
 (e) if the offender is pardoned in whole pursuant to Section 159,
 (f) if the offender pays full amount for fine or amount in question or
compensation pursuant to this Chapter, or

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  (g) If imprisonment or sentence or amount in question or compensation
imposed to the offended is collected pursuant to this Chapter.
(2) Notwithstanding anything contained in sub-section (1), if any person, who is
sentenced to imprisonment or required to undergo imprisonment for a fine or
government amount in question or any other amount in accordance with the
prevailing laws, fails to appear either in the court or to undergo imprisonment in
the prison or cannot be arrested in accordance with the prevailing laws until the
following period, the court shall void the record of punishment which has been
established in the case of such person:

 (a) fifty years in the case of the sentence of imprisonment for life ,
 (b) forty years, in the case of the sentence of imprisonment for a term of ten
years or upwards,
 (c) thirty years in the case of the sentence of imprisonment for a term from
five to ten years,
 (d) twenty years in the case of the sentence of imprisonment for a term of
one year to five years,
 (e) twelve years in the case of the sentence of imprisonment for a term not
exceeding one year.
(3) If a person whose record is made void pursuant to sub-section (2) is found after
the expiry of the said period, the court shall execute the judgment in accordance
with this Chapter as if the record were not made void in the case of him or her.
(4) While making the record void pursuant to sub-section (2), the property
belonging to that person, if any, attached pursuant to this Act, shall be foreclosed
and auctioned; and the proceeds of sale by auction shall be credited to the
consolidated fund.

(5) No person whose record has been made void by the reason of the non-
completion of the service of sentence pursuant to this Section shall,
notwithstanding anything contained in the prevailing laws, be eligible to be
appointed or nominated, designated or elected to any office of public accountability
until such a person serves such sentence as per the judgment and maintained in
the record.

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161. Period of detention undergone to be set off against sentence of
imprisonment:
(1) Where an accused, on conviction been sentenced to imprisonment for a term,
has undergone detention or imprisonment in the course of investigation, the period
of such detention or imprisonment shall be set off against the term of
imprisonment imposed on him or her on such conviction, and such offender shall
be imprisoned only for the remaining term of imprisonment.

(2) If any offender sentenced to fine by judgment has undergone detention or

imprisonment in the course of investigation, then the amount of fine as three
hundred rupees a day shall be computed for his or term in detention and set off
against the amount of fine payable by him or her.

162. Execution of punishment of fine:

(1) The person who is required to pay the fine in accordance with the record
established pursuant to Section 151 shall pay the fine immediately.
(2) Notwithstanding anything contained in sub-section (1), if such a person is not
able to immediately pay the amount of fine but furnishes the security of a property
for such amount, the court may order that the amount be paid within one year in a
maximum of three installments

(3) Notwithstanding anything contained in sub-section (3), if any bail or security

has been furnished pursuant to Chapter 7 or Section 137, the amount of fine shall
be recovered from such bail or security, and the provision of installment shall be
made in respect of the remaining amount only.
(4) Except in the case of the provision of installments made pursuant to sub-section
(2) or the service of sentence by being detained or imprisoned in connection with
the proceeding of the case or, in the case of a offender who has furnished a bail or
security pursuant to Chapter 7 or Section 137, full recovery of the amount of fine
from that bail or security, if the offender does not pay the amount of fine
immediately, the court shall direct a warrant to the concerned prison to imprison
the offender in the default of payment of the amount of fine.

5) When an order is issued pursuant to sub-section (4), and if the offender who is
in the default of payment of the amount of fine pays some amount of fine or if the
offender underwent imprisonment or detention in connection with the proceeding
of the case and there is a situation that the period of such imprisonment or

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detention undergone by him or her is to be set off against the period of
imprisonment, the period of imprisonment in the default of payment of the amount
of fine shall be set by setting off the said period of imprisonment undergone, and
the offender shall be imprisoned only for the remaining period in proportion to the
period so set and the total amount of the fine.

4.2. Role of Judgement execution Directorate

सर्वोच्च अदालत र मातहतका अदालतबाट भएका फैसला कार्ाान्र्वर्न गने, गराउने र
अनग
ु मन समेत गने प्रर्जननकज लािग “फैसला कार्ाान्र्वर्न ननदे शनालर्” रहे कज छ,
नसकज प्रमख
ु महाननदे शक (नेपाल न्र्ार् सेर्वा न्र्ार् समह
ू कज रानपत्राङ्ककत प्रथम
श्रेणीकज अििकृत) हुन्छ।
A separate judgement Execution Directorate has been created in 2009 (2066 BS)
under the aegis of Supreme Court to expedite the lagging implementation of
verdicts and final orders of courts. It is headed by an official of judicial service of
the rank of a Joint Secretary. The Supreme Court Rules, 2017 (2074 BS) lays down
the functions, duties and powers of this Directorate, inter alia, as under:

1. To act as a central agency on judgement execution.

2. To act as a central repository of the jail terms, fines and government dues as
accrued from judgements by maintaining them in digital archives as well.
3. To maintain a record of the cases tried and decided on first instance and send
them to the concerned court or agency for recovery.
4. To publish an updated record of the jail terms, fines and government dues and
send them to the various agencies of Government of Nepal for recovery.
5. To execute or cause to execute the judgements in coordination with the various
agencies of Government of Nepal, local levels and police.
б. To monitor, supervise and assess the execution of judgements of subordinate
courts.
7. To frame a policy on the documentation, protection and management of objects
and items of cases and implement the same.
8. To manage the records of bail bonds and property guarantees.
9. To issue the needful instructions to the subordinate courts and quasi-judicial
bodies as regards the execution of judgements.
10. To run programs for the capacity building of staffers involved in judgement
execution.
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11. To render suggestions before the Supreme Court on the policy and legal reforms
to be initiated as regards judgement execution.
12. To develop the software needful for judgement executor and tie up its actions
and proceedings in the IT network.

Similarly, the Supreme Court also has a powerful Monitoring Division headed by a
Joint Secretary, especially to oversee the implementation status of writs issued
against government bodies other quasi-judicial bodies such as the District
Administration Offices and Division Forest Offices execute their orders and verdicts
by their own means, primarily by seeking police support.

Role, responsibilities and rights of Directorate in execution of judgement:

1. The following tasks, duties and powers have been assigned to the Director
General of the Directorate while implementing the decisions of the court:
2. To create and implement the annual program of the directorate, If there
is any dispute in the execution of the judgment, if there is any dispute in
writing from the subordinate court, it will be resolved in accordance with
the law.
3. If it is found that the fee has been deducted from the subordinate court
on the basis of false information or contrary to the prevailing law, to give
instructions to restore the fee,
4. In the process of execution of the decision, the Tehsildar or the employee
involved in the work shall remain in good standing
5. To implement the decisions of the केन्रीर् लगत कट्टा सममनत Central
expenditure committee.
केन्रीर् लगत कट्टा सममनत
परु ाना कैद, नररर्वाना र सरकारी बबगज छुट ददई लगत कट्टा गना ननदे शनालर्मा रहने
सममनत हज र्ज।र्स सममनतमा:
प्रिान न्र्ार्ािीशले तजकेकज उच्च अदालतकज मख्
ु र्
न्र्ार्ािीश र्वा न्र्ार्ािीश अध्र्क्ष
प्रिान न्र्ार्ािीशले तजकेकज एकनना जनल्ला न्र्ार्ािीश
सदस्र्
महाननदे शक सदस्र् सिचर्व

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Central Cost Reduction Committee
This is a committee in the directorate to cut costs by giving old prison terms, fines
and government exemptions. In this committee:
Chief Justice of the High Court appointed by the Chief Justice
Judge or presiding judge
One District Judge member appointed by the Chief Justice
Director General Member Secretary

4.3. Compromise between the parties in the situation of

Execution
 Compromise means to agree upon both parties (plaintiff and defendant) in a
common solution.
 Provision about compromise in civil cases is mentioned in sec 193 and 195 of
civil procedure code 2074.
 In sec 195 of civil procedure code 2074, the case in which compromise cannot
be made is mentioned. So, compromise can be made only in civil cases.
Compromise in criminal cases is not possible.
 Sec 232: No barrier in the execution of judgment and compromise:
1. The case in which application for review and revision of decision is filed
but the court do not permit for it.
2. In the context where the party filed for the quashed of decision or
compromise but the court do not make any verdict.
3. In the matter of perishable goods.
4. in the context of agreement between the parties.

Sec 234: Chance for compromise must be given

1. Notwithstanding with anything mentioned in other sections, if both the parties of

the case wished to execute judgment through compromise then they can submit
application jointly.
But in the matter of forfeiture, compromise is not possible.
2.As per sub section 1, if the court feels okay then court must provide the chance of
compromise to the parties within the limited time.
3.If both parties agreed to execute judgment through compromise within time
provided by court as per sub section 2 then the concerned court, concerned person
should do it as per the law.
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 4. If not then court must do as per other provisions of this chapter.

4.3.1. FORFEITURE (सम्पत्ति जफत / कब्जा)

Forfeiture refers to the loss or surrender of something as a penalty for wrongdoing,

a breach of contract, or a violation of a law or regulation. The act of forfeiture
usually involves giving up a right, property, asset, or privilege due to some specified
condition or failure to meet certain obligations. In a legal context, forfeiture often
relates to the confiscation of property or assets as a consequence of criminal
activity. For example, if someone is involved in illegal activities such as drug
trafficking, the authorities may seize assets acquired through those activities,
considering them forfeited to the government.
During the execution of the judgment, in the case of offenses involving financial
obligations such as the payment of fines, compensation or any other amount, if the
offender does not pay such amount according to the judgment, it may be necessary
to confiscate his right or the property he owns and recover such amount.

The loss of property or money because of a breach of a legal obligation is forfeiture.

It is something (such as money or property) that is forfeited, Penalty.
Forfeiture is provided in both civil as well as criminal cases.
Legal provision related to forfeiture in Nepalese law.

Sections
Act
Muluki Civil Procedure Act 2074 242 and 243
Muluki Criminal Procedure Act 2074 163,164 and 165
Muluki Civil Procedure Regulation 2077 Rule 55,56 and 57
Muluki Criminal Procedure Regulation Rule 83 and 84
2077
District Court Regulation 2075 Rule 93

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Chapter 22 of Muluki Civil Procedure Act,2074:

Section 242 : Procedures for recovering claimed amount:

(1) If, in the course of recovering the claimed amount in pursuance of a judgment,
the judgment holder is on recognizance pursuant to Section 235, the court shall
cause a document to be executed by such a party as to whether he or she wishes
to recover the claimed amount.
(2) If, in executing a document pursuant to sub-section (1),the judgment holder
does not wish to recover the claimed amount, the court shall remind him or her of
the consequence that may arise from such failure to recover the claimed amount,
terminate the judgment execution proceeding and cross off the records of the
claimed amount, on the same day.
(3) If, in executing a deed pursuant to sub-section (1), the judgment holder wishes
to recover the claimed amount and the judgment debtor is on recognizance, the
court shall give a time of a 172 maximum of thirty-five days to the judgment debtor
to maximum of thirty-five days to the judgment debtor to pay the claimed amount
ought to be paid in pursuance of the judgment.

(4) The judgment debtor shall pay an amount equal to the claimed amount to the
court in cash or by a good for payment cheque or any other instrument within the
time given pursuant to sub-section(3).
(5) Notwithstanding anything contained in sub-section (4), the judgment debtor
may make a request to the court to recover the claimed amount from any property
of him or her.
(6) If the judgment debtor is not present in the court, or despite being present, does
not pay the amount in consideration of the claimed amount or fails to show a
property pursuant to subsection (5) or the judgment holder does not agree because
it is not possible to recover the claimed amount from the property so shown, the
judgment holder may, showing the property of the judgment debtor, make a
petition to the court for the recovery of the claimed amount from such property.
(7) If, in recovering the claimed amount pursuant to this Section, any property has
to be freezed, the court shall freeze such property as required and effect the
recovery of the claimed amount by auctioning such property also as required.
(8) If the proceeds of auction of the property made pursuant to sub-section (7)
exceed the claimed amount, the court shall immediately return such excess amount
to the judgment debtor if he or she is present.

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(9) If the concerned party refuses to receive the amount pursuant to sub-section
(8), the court shall credit that amount into the deposit account.
(10) If the concerned person does not appear to receive the amount within one
year after the date on which such amount was credited into the deposit account,
such an amount shall be paid to the government fund.
(11) If a property from which the claimed amount is to be recovered is situated in
another district, the court shall send a precept to the concerned court to recovery
the claimed amount.
(12) If a precept is received pursuant to sub-section (11), the concerned court shall
effect recovery of the claimed amount pursuant to this Section and give information
thereof to such a court.
(13) Notwithstanding anything contained elsewhere in this Section, if the judgment
holder discovers the concealment or hiding of any property by the judgment debtor
and makes a petition showing the same while the judgment debtor is alive, the
court shall auction the property and effect the recovery to the extent of the claimed
amount to which he or she is entitled.
(14) The court shall, in consideration for effecting the recovery of the claimed
amount pursuant to this Section, collect a fee of three percent of such a claimed
amount from the judgment holder.
(15) If the judgment debtor, in the matter of the recovery of the claimed amount of
any person pursuant to this Section, makes a petition, accompanied by a bank
guarantee issued by any commercial bank, to the court for a facility of payment of
the whole or short fall of the claimed amount in instalments and if the judgment
holder so agrees, the court may cause such claimed amount to be paid over in
instalments.
Section 243: Property subject to attachment:
(1) In making attachment of property in consideration for the claimed amount
pursuant to Section 242, the partition shares of those, above twelve years of age,
who have not separated bread and board and are living together and enjoying or
using such property or of those who, despite having obtained their respective
partition share or separated bread and board, live together while enjoying or using
that property shall also be subject to attachment.
(2) In making attachment pursuant to sub-section (1), the property that remains
upon setting aside the following property shall be attached:
(a) If any property subject to attachment is a personal property of a person other
than the attachment, such property

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(b)Up to three pairs of clothes and up to three pairs of shoes being or to be put on
by the person whose property is being attached and his or her joint family,
(c) Such bare cooking and dining utensils, pots and bare quilt and mattress and a
reasonable number of furniture as required for the person whose property is being
attached and his or her joint family,
(d) Such books as required for the joint family of the person whose property is being
attached to impart education
(e) Medicines and medical equipment already purchased for the person whose
property is being attached and his or her joint family prior to the commencement
of the attachment proceeding,
(f) Such food as required for the person whose property is being attached and his
or her joint family to maintain livelihood for a maximum of three months,
(g) Bare inputs or tools related with the occupation or employment of the person
whose property is being attached and his or her joint family.
(3) Notwithstanding anything contained in sub-section (2),in setting aside property
pursuant to clauses (b), (c), (d), (e), (f) and(g) of that sub-section, no property
valued at more than one hundred thousand rupees shall be so set aside.
(4) If the claimed amount cannot be recovered in full even upon making attachment
pursuant to sub-section (2), no other family members shall be attached.

Muluki Criminal Procedure Act 2074

Section 163: Provisions relating to government claimed amount or other amount:
(1) If a judgment decrees that the claimed amount bere covered, the recovery of a
government claimed amount shall have priority over the recovery of a personal
claimed amount. Provided that if any judgment has been made to recover a
personal claimed amount before making the judgment to the effect that a
governmental claimed amount be recovered, no priority shall be given to the
government claimed amount.
(2) If the government claimed amount or other amount has not been recovered
pursuant to the judgment or there is a situation that such amount cannot be
recovered, except where the property belonging to the offender liable to pay such
claimed amount or other amount has already been attached previously, such
property shall be attached as soon as possible after the passage of the judgment.
(3) If the offender fails to pay the claimed amount or other amount referred to in
sub-section (1) within thirty days from the date on which the judgment becomes
final, such amount shall bere covered, in the case of a movable property attached
pursuant to sub-section (2), by receiving such movable property from the body

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holding it, and in the case of an immovable property so attached, by auctioning such
immovable property.
(4) Such person shall be imprisoned for the government claimed amount that has
not been recovered even from the proceeds of the auction of the property pursuant
to sub-section (3).

Section 164: Imprisonment for government claimed amount:

(1) The concerned person shall pay any government claimed amount or any other
amount held by a court judgment to be recoverable.
(2) If such person fails to pay the government claimed amount or other amount
referred to in sub-section (1), such amount shall be recovered by forfeiting his or
her property.
(3) If any government claimed amount or other amount could not be recovered
even by making forfeiture referred to in subsection (2), the sentence of
imprisonment for a term not exceeding the following term for the following claimed
amount or such amount shall be set for such person:
(a) One month for the claimed amount of five thousand to ten thousand rupees,
(b) Three months for the claimed amount of ten thousand to twenty-five thousand
rupees,
(c) Six months for the claimed amount of twenty-five thousand to fifty thousand
rupees,
(d) One year for the claimed amount of fifty thousand to one hundred thousand
rupees,
(e) Six months for every fifty thousand rupees over one hundred thousand rupees.
(4) One shall be sentenced to imprisonment for an amount less than that set forth
in clause (a) of sub-section (3) in a manner to set off three hundred rupees for each
day.
(5) Notwithstanding anything contained elsewhere in this Section, in sentencing to
imprisonment for a government claimed amount, such sentence of imprisonment
shall not be set to exceed seven years.

Section 165: Procedures for recovering personal claimed amount or compensation:

(1) A person shall pay such personal claimed amount held to be payable by him or
her, compensation or other amount to which the victim or his or her successor is
entitled under the judgment of a court to the person who is entitled to get such
payment within six months from the date of judgment.

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(2) If such person fails to pay such claimed amount, compensation or amount within
the period referred to in sub-section (1), he or she shall be liable to a fine not
exceeding ten thousand rupees.
(3) If the person required to pay such claimed amount, compensation or other
amount within the period referred to in subsection (1), the person who is entitled
to the recovery of such claimed amount, compensation or other amount may make
a petition within three years from the date of final judgment, showing the property
owned by the person liable to pay such claimed amount, compensation or other
amount.
(4) If a petition is made pursuant to sub-section (3), the court shall cause such
claimed amount, compensate amount to be recovered respectively by attaching
and auctioning the said property.
(5) If the person liable to pay a claimed amount ,compensation or other amount
pursuant to sub-section (1) pays the same to the court or if the claimed amount,
compensation or other amount is recovered from the bailbbond or guarantee if any,
furnished pursuant to sub-section (1) of Section 68, recovery shall be made
accordingly.
(6) If the person entitled to the recovery of a claimed amount, compensation or
other amount is not able to find the property within the period referred to in sub-
section (3), the court shall abate the petition, subject to the execution of recovery
if he or she gives intimation as and when such property is found.
(7) If the claimed amount, compensation or other amount could not be recovered
pursuant to sub-section (4), the person entitled to recover the remaining claimed
amount, compensation or other amount which could not be so recovered may
make a petition for imprisoning the offender, within thirty days from the date of
auction sale of the property of the offender or the date of abatement of the petition
pursuant to sub-section (6).
(8) If a petition is made pursuant to sub-section (7), the court shall convert the
remaining claimed amount or other amount into the term of imprisonment at the
rate of three hundred rupees a day, and the person liable to pay such claimed
amount or other amount shall be imprisoned accordingly.
(9) While imprisoning any person pursuant to sub-section (8), such person shall not
be imprisoned for more than two years in the case of a claimed amount of a
particular person and for more than four years in the case of a claimed amount of
a public body under full or majority ownership or control of the Government of
Nepal, State Government or Local Level.

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Provided that while imprisoning any person for the non-recovery of compensation,
such person may be imprisoned for up to four years.
(10) While imprisoning any person for a personal claimed amount, compensation
or other amount pursuant to sub-section (8), if the claimed amount remains or is
less than three hundred rupees, such person shall be imprisoned for one day for
the same.
(11) While imprisoning any person pursuant to sub-section (8), the Government of
Nepal shall bear such ration expenses as should be provided under law.
(12) Notwithstanding anything contained elsewhere in this Section, if the person
required to pay a claimed amount, compensation or other amount is held to have
concealed or converted, in any manner his or her property within the period set
forth in subsection (1) or (3), twenty-five percent of such property shall devolve on
one who discovers it, the remaining shall be used to pay the claimed amount,
compensation or other amount and further remaining shall be deposited in the
consolidated fund, notwithstanding anything contained in the law in force.

4.3.2. Force closure (कैद / थुनामा राख्ने)

This is a situation where the person who is required to pay the
amount such as fine, government fine, personal fine,
compensation, etc., who has to pay according to the judgment of
the court, is imprisoned according to the law due to the failure
of payment.
In both civil and criminal cases, if the person who has to pay the
financial liability created according to the court's decision fails to
pay or if the recovery is not possible despite all possible efforts
to recover, such offenders who have to bear the financial liability
should be imprisoned as a last option and the judgment
executed.

Article 17(1) of the Constitution: No person shall be deprived of

personal liberty except in accordance with law.

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Section 20(4): No person shall be liable to punishment for any act
not punishable by law for the time being in force.
It is recognized in criminal jurisprudence that an act which is
prohibited by a clear criminal law (Nulla crimen sine lege) is a
crime and the criminal should be punished according to the law
(Nulla poena sine lege).
In some cases, our criminal law system has accepted the concept
of imprisoning a person who commits an offense arising out of
the main offense defined as an offense prohibited by law.

Imprisonment in case of non-payment of finesb fines in civil

cases:

Muluki Criminal Procedure Act, 2074 Chapter 15

Section 156: Property to be attached:
(1) With the exception of earlier attachment of the property belonging to a person
against whom a warrant for arrest has been issued pursuant to sub-section (4) of
Section 151, if such person cannot be arrested and the concerned police office may
make a report, also indicating the description of his or her property, to the court for
making attachment to the movable and immovable property belonging to such a
person.
(2) If a report is made pursuant to sub-section (1), the concerned court shall issue
an order to the concerned land revenue office or other body or institution to attach
the property belonging to such person.
(3) If, in attaching the property pursuant to sub-section (2), property more than that
required to be attached, such person may make an application to the concerned
court to release such excess property attached.
(4) If an application is made pursuant to sub-section (3) and, upon examination of
such an application, it appears that excess property has been so attached, the court
may make an order to the concerned land revenue office or body or institution to
release the attachment of such excess property, and when such an order is made,
such office of body shall release such property.
(5) Where an offender is liable to pay the amount in question, compensation or
other amount pursuant to a judgment of the court, the amount shall be recovered
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from the property attached pursuant to sub-section (1), in accordance with this
Chapter, and only the remaining property shall be subject to attachment in
consideration for the sentence.

Section 157: Power to auction property: (1) If any offender cannot be arrested even
until six months from the date of issue of warrant for arresting that offender
pursuant to sub-section (4) of Section 151, the amount of fine, punishment or
compensation payable as per the judgment shall be recovered by receiving cash
from the concerned body or institution if the property attached pursuant to Section
156, and by auctioning the property so attached if it is other movable or immovable
property and paying the government recovered amount to the consolidated fund,
paying compensation, if any, and the remaining amount shall be returned to his or
her heirs.
(2) If the offender is arrested before terminating the record of punishment pursuant
to this Act, sentence shall be executed by returning the property attached pursuant
to Section 156, upon recovering the expenses incurred in the execution of such
attachment if such property has not yet been auctioned, and the proceeds of the
auction sale of the property upon recovering the expenses incurred in the execution
of such attachment and auction, if such property has been auctioned, to that
offender.

Imprisonment in case of non-payment of fines/ fines in civil cases:

- According to the judgment in the civil case, if the property of the person who
has to pay the debt is not enough during the auction sale, if the person who
has to pay the debt does not show the property, or if the property shown
cannot be auctioned, the person who will receive the debt is sold at auction
with the intention of imprisoning the person who has to pay the debt, or
other circumstances exist.
- If the petition is filed within a day, the court should erect the form and send
the person who has to fill in the bill to prison.
- 1 day of imprisonment in such a way due to bad weather is Rs. At the rate of
400.-, Bigo was converted into a prisoner
- Imprisonment in such manner shall not exceed 4 years in the case of Vigo of
Nepal Government or a public organization wholly or mostly owned or
controlled by the Government of Nepal and 2 years in the case of private
individuals or other organizations.

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 - During such imprisonment, Rs. If the amount is less than 400.- or if it remains,
1 day imprisonment for that,
- The person who wants to be imprisoned shall bear the costs incurred in
accordance with the law in such imprisonment.
- Imprisonment for fine not to exceed 4 years 1 day Rs. Imprisonment at the
rate of 200.-
- The person to be so imprisoned should be given an opportunity to speak
before being imprisoned,
- After being imprisoned in this way, the person who does not pay the debt
cannot be reclaimed for the debt that has not been recovered.
(Section 244 of the Code).

Imprisonment in case of default / recovery of compensation in criminal

cases:
- According to the previous discussion regarding the payment of damages or
compensation according to the decision in the criminal case, when the
property of the offender is sold at auction, if the debt is not collected or the
petition is pending, the petitioner can file a petition to imprison him within
30 days from the date of the auction sale or the petition is pending.
- If there is such a request, 1 day Rs. 300.- to convert the arrears or amount to
imprisonment and imprison the person who has to pay the amount or the
amount,
- Imprisonment in such a manner shall not exceed 2 years in the case of a
private individual and 4 years in the case of a public institution wholly or
mostly owned or controlled by the government of Nepal, provincial
government or local level,
- But if the compensation is not due, imprisonment can be up to 4 years.
- Imprisonment for personal injury, compensation or other amount Rs. If the
amount is less than 300.- or if it remains, then 1 day imprisonment for that,
- The government of Nepal has to bear the expenses incurred by the
incarcerated person in accordance with the law.
- If it is found that a person who has to pay private compensation,
compensation or other amount has hidden or converted any of his property
in any way, such property will be confiscated, 25% of the confiscated property
will be auctioned and the person who finds the property will be given the
remaining amount after payment of compensation, compensation or other
amount. Should be returned to the concerned person.

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 Imprisonment if there is no official charge/ सरकारी बिगो असल
ु नभएमा कैदमा
राख्ने
According to the judgment, the government debt or other amount determined
to be recovered should be paid by the concerned person,
If the person who has to pay such bad or other amount does not pay, his
property should be confiscated and collected.
In the case of failure and other amounts not due, he shall be punished with
imprisonment as follows:
 रु. ५,०००।– दे खख रु. १०,०००।– सम्मकज बबगज बापत १ मदहना,

 रु. ५,०००।– रकम भन्दा कम रकम बापत कैद गनुा पदाा प्रनतददन रु. ३००।–
दरले,
 रु. १०,०००।– दे खख रु. २५,०००।– सम्मकज बबगज बापत ३ मदहना,
 रु.२५,०००।– दे खख रु. ५०,०००।–सम्मकज बबगज बापत ६ मदहना,
 रु. ५०,०००।– दे खख रु. १,००,००० सम्मकज बबगज बापत १ र्वर्ा,

 रु. १,००,०००।– भन्दा बढी प्रत्र्ेक रु. ५०,०००।– सम्मकज बबगज बापत ६
मदहनाका दरले।

 बबगज ननतसक
ु ै बढी रकमकज भए पनन सरकारी बबगज बापत कैद गदाा ७ र्वर्ा
भन्दा बढी कैद गना नहुने।

Imprisonment if the fine is not recovered:

According to the verdict, the person who has to pay the fine should immediately
pay the amount of the fine.
If the amount cannot be paid immediately, if any property is given as security,
the court may order that the amount be paid in maximum 3 installments within
1 year.
But if he has deposited any amount during the detention order or during the
appeal, if the amount of the fine has not been recovered from the same amount,
then the order of installments will be made only for the amount.
If the amount is not paid in installments or if there is an order of arrest or during
appeal, the security deposit cannot be recovered from the security deposit.

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 In case of such imprisonment, the period of imprisonment shall be determined
as follows:
Imprisonment in default of fine not exceeding 10 years for an offense punishable
by both imprisonment and fine,
In the case of an offense punishable with either imprisonment or a fine or both,
the punishment is only a fine and the imprisonment for non-payment of such
fine shall not exceed half of the upper limit of imprisonment for such offence,
In the case of an offense punishable by a fine only, imprisonment for non-
payment shall not exceed 2 years,
However, in the case of imprisonment of children under 18 years of age for fine,
the following shall be done:
Exemption from imprisonment for non-payment of fine for an offense
punishable by fine only or imprisonment or any of the fines;
Imprisonment or a fine or both, if the offense is punishable by a fine only, the
imprisonment for non-payment of such fine shall not exceed 3 months,
Imprisonment imposed on a person who has attained the age of 14 years but is
under the age of 18 years in such manner shall not exceed one-half of the
sentence to which a person who has attained the age of 18 years of age shall be
imprisoned.
(Section 46 of the Constitution and Section 162 of the Constitution).
If a person who has been found guilty and sentenced by the court dies, all
imprisonment and fines pending execution up to the time of death shall be
automatically waived.
However, if the person who has to pay government or private debt,
compensation or other amount dies before the payment of that debt,
compensation or other amount, it should be paid from his property, so when the
debt, compensation or amount is paid, the property of such person shall
successively cover the government debt, compensation, private compensation.
And to fill the private gap with priority,

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