Arrest is one of the most disorienting experiences a person can face. In the confusion of the moment, few people know exactly what authorities are permitted to do and what the law forbids. Yet custodial rights are not obscure legal technicalities. They are constitutional guarantees that exist to protect every individual the moment they come into state custody.
This article unpacks what Nepal's law actually says about custody, the procedural steps that must be followed, and the remedies available when those steps are ignored.
Six rights the Constitution guarantees in custody
The Constitution of Nepal 2015 enshrines a core set of protections under Part 3 (Fundamental Rights) and Part 8 (Provisions Relating to Justice). These apply from the instant of arrest.
a. No arbitrary arrest- Authorities must have lawful grounds. Arrest without legal basis is unconstitutional.
b. Right to be informed- You must be told the reason for your arrest and the allegations against you.
c. Legal representation- Access to a lawyer of your choice begins from the earliest stage of detention.
d. No self-incrimination- You cannot be compelled to confess or give evidence against yourself.
e. Judicial production- You must be brought before a court within 24 hours, excluding travel time.
f. No torture- The Constitution expressly prohibits torture, inhuman treatment, and degrading punishment.
The legal process, step by step
Understanding the sequence of events after arrest helps you or a family member identify when the law is being followed and when it is not.
1. Arrest
Police may arrest with a court warrant, or without one in cognizable offence situations. They must identify themselves, state the reason, avoid unnecessary force, and maintain an arrest record.
2. Family notification
Authorities are expected to allow communication with family members or a legal representative. Transparency at this stage reduces the risk of abuse.
3. Search and seizure
Police may search the detained person and seize relevant evidence — but only within the boundaries set by law. Arbitrary or abusive searches are impermissible.
4. Police custody and investigation
During this phase, the detainee is entitled to legal consultation. Interrogation must remain within legal limits. Torture and coercion are prohibited, and medical care must be provided if needed.
5. Production before court (within 24 hours)
The court examines whether the arrest was lawful, whether continued detention is warranted, and whether bail or release is appropriate.
6. Bail or judicial custody
Courts weigh the gravity of the offence, risk of absconding, and risk of evidence tampering before deciding on bail or continued detention.
7. Trial
If charges are filed, the accused retains the presumption of innocence, the right to defence, the right to a fair hearing, and the right to appeal.
Constitution of Nepal 2015 ( Fundamental Rights Framework- Part 3 & Part 8 )
Art. 20(1)
No arbitrary arrest. No person shall be arrested or detained except in accordance with law.
Art. 20(2)
Right to be informed. Every arrested person must be informed of the grounds of arrest without delay.
Art. 20(3)
Bail entitlement. Every person in custody has the right to seek bail as provided by law.
Art. 20(4)
24-hour production rule. An arrested person must be produced before a judicial authority within 24 hours (excluding travel time) and cannot be detained beyond that without a judicial order.
Art. 20(5)
No self-incrimination. No accused person is compelled to testify against themselves.
Art. 20(6)
Right to counsel. Every accused person has the right to a legal practitioner of their choice; indigent persons are entitled to free legal aid as provided by law.
Art. 22
Right against torture. No person in custody shall be subjected to physical or mental torture, cruel, inhuman, or degrading treatment. Victims are entitled to compensation.
Art. 46
Right to constitutional remedy. Any person whose fundamental rights are violated may file a writ petition before the Supreme Court or High Court.
Art. 133 / 144
Habeas corpus jurisdiction. The Supreme Court and High Courts have original jurisdiction to issue writs of habeas corpus to order release from unlawful detention
National Penal Procedure Code (NPPC) 2017
Ss. 63–68
Arrest procedure. Governs arrest with and without warrant, cognizable offences, use of force, and mandatory record-keeping.
S. 69
Grounds of arrest. The investigating authority must inform the arrested person of the reason for arrest at the time of detention.
S. 70
Production before the court. An arrested person must be produced within 24 hours. The court may grant remand for up to 25 days maximum for investigation, extendable by court order.
S. 71
Family and counsel notification. Authorities must allow the arrested person to notify a family member and engage legal representation.
Ss. 72–75
Remand and interrogation. Interrogation must be conducted humanely. Confession obtained under torture or
coercion is inadmissible as evidence.
Ss. 82–98
Bail provisions. Sets out offences bailable as of right, discretionary bail, conditions, surety, and bail variation procedures.
Ss. 105–112
Search and seizure. Regulates body search, premises search, seizure of evidence, and the rights of the person during those procedures.
Muluki Penal Code (MPC) 2017
S. 167
Prohibition on forced confession. Any statement obtained by force, threat, or inducement is inadmissible. Offenders are subject to criminal liability.
Ss. 168–170
Offences by public officials. Unlawful confinement, assault in custody, and abuse of authority by law enforcement officers constitute criminal offences.
S. 222
Unlawful detention. Confining a person without lawful authority is a cognisable offence punishable under the Code.
If you have been tortured or abused in custody, the law gives you a remedy.
Nepal has a dedicated law for exactly this situation, the Torture Compensation Act 2017. Under this Act, torture is defined broadly. It is not limited to physical beating. It includes any act of physical or mental suffering deliberately inflicted on a person by a police officer, prison official, or any other public authority, whether during questioning, investigation, or while being held in a cell. If you were threatened, humiliated,
sleep-deprived, or physically harmed by someone acting in an official capacity, that counts.
So what can you actually do about it? You can file a compensation claim directly before the District Court. The government bears responsibility for what its officials do, meaning you are claiming against the state, not trying to sue a police officer out of your own pocket. The court can award compensation of up to NPR 100,000. Importantly, there is a deadline: you must file your claim within 35 days of being released from custody, or within six months from the date the abuse took place, whichever applies to your situation. Missing that window can mean losing your right to claim, so acting quickly matters.
Beyond compensation, the Act also provides for accountability. Officials found to have committed torture can face departmental action, meaning they can be suspended, demoted, or dismissed — and they can separately be prosecuted under the Muluki Penal Code. The law treats custodial abuse not as a workplace disciplinary matter alone, but as a crime.
Other laws that protect you in custody
Beyond the Constitution and the Torture Compensation Act, several other statutes fill in important gaps. If you cannot afford a lawyer, you are entitled to one for free. The Legal Aid Act 1997 guarantees state-funded legal representation in criminal matters, including at the investigation stage before any charge is formally filed. You do not have to face an interrogation or a bail hearing without counsel simply because you cannot pay for one.
For children, the law goes further still. The Children's Act 2018 sets out a separate framework for young people in conflict with the law. A child must never be held
alongside adult detainees. Cases involving children must be heard by dedicated Juvenile Benches, not ordinary criminal courts. The emphasis throughout is on rehabilitation rather than punishment, and on keeping the child's situation private; their name and details should not be made public. Detention is treated as a last resort, not a first response.
If you want to report abuse but are unsure where to start, the National Human Rights Commission (NHRC) is an independent body that accepts complaints from the public. It has the power to investigate allegations of custodial abuse, summon authorities, and recommend action to the government. Filing with the NHRC does not prevent you from also pursuing a court claim; you can do both. Finally, the Prison Act of 2079 sets minimum standards for people already serving time: the right to adequate food, medical attention, family visits, and protection from arbitrary punishment inside the facility. These are not privileges; they are legal entitlements.
Nepal's international commitments
It is easy to think of international treaties as something distant from daily life. In practice, they matter more than people realise. Nepal has signed and ratified three core United Nations agreements that directly concern custodial rights, and those agreements create binding obligations on the Nepali state — not just aspirations.
The first is the International Covenant on Civil and Political Rights. This treaty guarantees the right to liberty, the right to be treated humanely while detained, and the right to a fair trial. Article 9(3) specifically requires that anyone arrested on a criminal charge be brought before a judge promptly, reinforcing the 24-hour rule in Nepal's own Constitution. Article 14 enshrines the presumption of innocence: you are innocent until proven guilty, and the burden of proof lies entirely with the prosecution.
The second is the Convention Against Torture (CAT). This is perhaps the most direct: the prohibition on torture is absolute. There is no exception — not national security, not urgency, not the severity of the suspected crime. The CAT also requires that allegations of torture be investigated properly and that victims have access to compensation. When a person in Nepal invokes the Torture Compensation Act, they are exercising a right that exists not only in domestic law but is guaranteed by an international agreement their government signed.
"The prohibition on torture under the CAT admits no exceptions — not urgency, not national security, not the gravity of the alleged offence."
The third is the Convention on the Rights of the Child (CRC). For anyone under the age of 18, the CRC provides additional guarantees: no child shall be unlawfully arrested or detained; detention must always be a last resort and for the shortest possible time; and every child in custody has the right to prompt legal help and to humane treatment throughout. These obligations underpin the protections found in Nepal's Children's Act 2018 and give them an extra layer of international authority.
In practical terms, these treaties mean that Nepali courts and authorities are expected to interpret domestic law consistently with international standards. Where there is a gap, the treaty can guide how the law should be applied. They also mean that Nepal faces scrutiny from international monitoring bodies and that persistent failures to protect custodial rights carry consequences beyond its own borders.
Special protections for vulnerable groups
The law recognises that not everyone faces custody under the same conditions. Women should be searched only by female officers, and interrogation must respect dignity and privacy. Children in conflict with the law are governed by juvenile justice principles - rehabilitation, confidentiality, and minimal detention take precedence. Persons with disabilities or medical needs must receive appropriate care and accommodation throughout.
Custodial abuse: a gap between law and practice
"Custodial abuse not only violates constitutional guarantees — it undermines public trust in the justice system itself."
Despite comprehensive legal protections, concerns about physical assault, psychological pressure, denial of legal access, forced confessions, and prolonged unlawful detention continue to arise in Nepal. Awareness of the law is the first step toward accountability. If you or someone you know believes these rights have been violated, legal remedies are available.
What to do if rights are violated
● Habeas Corpus- File before the court directly challenging the lawfulness of the detention.
● Compensation claim- Victims of torture or illegal detention may seek compensation under applicable laws.
● NHRC complaint- Lodge a complaint with the National Human Rights Commission or relevant oversight bodies.
● Criminal liability- Officials responsible for unlawful acts may face disciplinary or criminal proceedings.
Closing perspective
Nepal has built a serious legal framework around custodial rights. The Constitution is clear. The statutes are in place. International treaties have been signed. On paper, a person taken into custody in this country has meaningful protections, the right to know why they are being held, the right to a lawyer, the right to see a judge within 24 hours, and the right to live free
from torture and coercion at every stage.
But laws do not enforce themselves. Rights that are not claimed are rights that are lost. And in the reality of a police station, a remand hearing, or the early hours of detention, most people do not know what they are entitled to, and those holding them know it.
"A right you do not know you have is a right you cannot exercise. Awareness is not a luxury - it is the first line of defence."
This is why legal awareness matters as much as the law itself. Knowing that Article 20(4) of the Constitution requires production before a court within 24 hours and being able to say so changes the dynamic in a detention room. Knowing that a confession obtained under pressure is inadmissible in court removes the incentive to coerce one. Knowing that a compensation claim under the Torture Compensation Act has a 35-day deadline means a family can act in time, rather than discover too late that the window has closed.