Criminal Law in Brief

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Criminal Law
Crime is an offence against the public. It is punitive nature of the sanction.
Criminal law is the body of law that relates to crime. It includes the punishment of people who violate these laws. Hyman Gross “Criminal law provides a set of rules to fix the limit of socially tolerable conduct and to prohibit those acts that are out of bounds.

Criminal law is the part of law dealing with the State prosecuting  the violators of the statutes which regulate conduct and behavior. There is a suspect, or a defendant, and the State is the prosecutor.

 Principle of Criminal law
1.       Ignorance of law is no excuse
2.       Nullum Criminal sine leqe (कानुनमा उल्लेख नगरिएको कार्य अपराध हुदैन)
3.       Nulla poena sine leqe (कानुनमा लेखिए बाहेक सजाय दिनुहुदैन)
4.       Innocent until proven guilty (the presumption of innocence)
5.       Principle of Double jeopardy (एउटै कसुरमा दोहोरो सजाय नहुने) अदालती बन्दोबस्त ८५
6.       Crimes Dies with Criminal
7.       Right to remain silent

Element of Crime :- Actus reus(the prohibited conduct) and Mens Rea (Guilty mind)

Theories of criminal law
Deterrent  Theory:- Prevent from crime showing the fear of punishment (डर देखाएर Crime गर्नबाट टाढा राख्ने)
Preventive Theory:-  Keep the offender away from society, punished with death penalty, imprisonment or exile.
Retributive theory:-  to make the offender to realize the sufferening on the pain. Brutal and barbaric in nature. Eye for eye, life for life. Revenge in nature.
Expiatory Theory:- if the offender expiates or repent (regret), must be forgiven.
Reformative Theory:- no one is born as a criminal but it is the product of the social economic and environmental situation. So that reform of behavior of criminals.

Homicide
Lawful Homicide
Justifiable Homicide – (न्यायोचित हत्या) कानुन बमोजिम हत्या , in the war ,by the order of government.
Excusable homicide –  (क्षमायोग्य हत्या) Children Act 2048 No any child will be punished under 10 years.,औषधी उपचार, to secure of ownself  ज.क ७ नं, कुटपिटको ४ नं

Unlawful Homicide
Murder (कर्तव्यज्यान):- Malice aforethought, present of all subject matters like mens rea, actus rea , intention, planning . life imprisonment
Provocational Homicide (आवेशप्ररित हत्या)ज्यान सम्बन्धी महलको १४नं,No mens rea, loss of self control, 10yrs imprisonment.
Accidential Homicide (भवितव्य) ज्यान सम्बनधी महलको ६(२,४,५)
Migigated Homicide (सजाय कम हुने हत्या)अ.ब १८८ सजाय घटाउने सम्बनधी

Hurt/Battery/Grievous Bodily harm (कुटपिट)
Assault occurs if there is any intentional and unwanted physical force used against a victim. For example, punching, hitting or kicking a person. The force used can be direct or indirect. For example, if because of an assault, a person drops a child they were carrying, that is also an assault on the child – even though the child was not directly assaulted.
Assault also occurs if there is any intentional and unwanted direct or indirect contact with another person, however slight the contact may be, if the person committing the assault knew that the victim might reasonably object to the contact [s 20(1)(b)]. For example, it could be throwing a newspaper at someone, knowing the person might object to that. भवितव्य कुटपिट (आत्मरक्षा गर्दा, शिक्षकले विद्यार्थीलाई पढाउने शिलशिलामा )
कुटपिटबाट अंगभंग भएमा ३ महिना र अरु मा ३५ दिन हदम्याद हुने ।

Human Trafficking
Grievous or serious crime. Global problem mainly effected in poor economic condition country. Challenging to world in its control or prevention. subjected to forced labor and sex trafficking. Human trafficking and transportation (control) act 2064. Nepal has not adopted the international Palermo Protocol on Trafficking (2003) that offers the widely accepted working definition of trafficking as the use of force, coercion, and fraud to exploit a person for profit. To have committed human trafficking: (a) To sell or buy a person for any purpose, (b)To force someone into prostitution, with or without financial benefit, (c)To remove human organ except otherwise determined by law, (d)To engage in prostitution.e) To take a person out of the country for the purpose of buying and selling.

Rape and Incest
Sexual intercourse is a biological need. Sexual intercourse by force or consent or beyond the age as determined by law or minors. Immoral grievous crime. Ruin life of victim by physically and mentally. An unlawful intercourse done by a man with a woman without her valid consent. Chapter on rape no. 3 maximum 15years minimum 5 years impronsiment.  No. 11 limitation 35 days of incident. Incest: sexual intercourse between own relation.

Sexual Harrestment
No intercourse. Touching women’s sexual organs without consent or permission. Bullying. Harass. 1 year imprisonment and upto 10,000 fine. Victim will be compensated.

Defamation Libel and Slander
Defamation Libel and Slander Act, 2016.If a person by way of writing or words or signs or understandable symbols accuses another person of any charge or publishes such matter with intent to damage that other person's character or knowingly or having reason to believe that it will make such a damage, the person shall be deemed to have libeled that other person. Given priority to mens rea than actus reus. Section 5 upto 5000 fine with 2 year of imprisonment. Limitation 6 month from the incident/occurrence

Narcotic Drugs related crime
Narcotic drugs control act 2033..

Corruption, Bribery and Money laundering
Corruption is a form of dishonest or unethical conduct by a person entrusted with a position of authority, often to acquire personal benefit. Governmental employee acts in an official capacity for personal gain. Corruption prevention act 2059. Fraud document, abuse of authority for personal benefit. misuse governmental revenue, to take personal benefit from public by doing or not doing any act.
Money laundering;- converting black money into white money. Global problem. Financial Action Task Force (FATF) an organization to fight and prevention of money laundering globally which major objectiveis to combat against money laundering and terrorist financing. Income generated from illegal act.  Money laundering prevention act 2064
Money-laundering is a dynamic three-stage process that requires:
A)    Placement- introducing the funds gained from criminal activities into the banking and financial system.
B)    Layering - to make it more difficult to detect and uncover a laundering activity
C)    Integration- made available to criminals to use and control as apparently legitimate funds.

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