Homicide Law in Nepal – Law against Murder of a person 2026

This article will help you to know about the homicide law in Nepal. It will help you to sort out the curiosity about questions like how much imprisonment punishment is there if someone kills a person, or what type of killing imposes greater punishment, what type imposes lesser punishment, or what type does not impose any punishment.

Homicide simply means the killing of a person. Killing humans is against fundamental rights and human rights. It violates the right to life and liberty of a person. Homicide law in Nepal is governed by the Muluki Criminal Code 2074. That is why the homicide law in Nepal plays a vital role in protecting fundamental human rights.

Crimes related to life are traditional crimes and of the most serious nature. As a result of this crime, a man’s life unnaturally ends before his/her natural death.

In human life, the most essential thing is his/her own life. As the life of such a person is unique in itself, and once a person’s life is lost, it cannot be restored.

Homicide, whether it is legal or illegal, is a homicide. Not all homicides are crimes. Crime against human life is taken as the most serious and sensitive crime because it ends the existence of humans in the global world.

It is the responsibility of the state to protect the lives of people within its territory, which is why every country criminalizes homicide and attempts to murder and provides the highest punishment sanctioned by its national legal system. 

Classification Of Homicide Law in Nepal

Lawful homicide

Lawful Homicide means that any human being is killed by another human being, but in certain circumstances, even if he is killed, the law does not punish the person who kills him. The law itself exempts the punishment. Two types of legal murder do not punish the murderer. They are justified murder and excusable murder.

Justifiable Homicide

1. Infancy
2. Insanity
3. Intoxication
4. Mistake

Excusable Homicide

1. Necessity
2. Compulsion or Duress
3. Superior Order
4. Private Defense
5. Protection of Chastity
6. Protection of Property
7. Self Defense

Unlawful Homicide

All homicide except lawful homicide is called unlawful homicide. In the case of unlawful homicide, the killer or murderer is punished according to the type and intensity of the murder.

The law provides different punishments for such murderers based on the different mental states and intentions of the murderer.

It means unlawful homicide is of different kinds, such as heinous homicide, genocide, and premeditated homicide. There is a tendency to classify unlawful homicide based on the level of mental condition in which certain human beings are killed, intentionally or unintentionally, or through knowledge, negligence, or carelessness.

Culpable Homicide Having Full Punishment

1. Intentional Homicide
2. Homicide with Knowledge
3. Infanticide
4. Transferred Malice and Mistaken Identity of the Victim

Culpable Homicide Having Less Punishment

1. Homicide by Recklessness
2. Excusable Homicide
3. Intentional and deliberate killings
4. leave the person under care
5. Accidental Homicide
6. Abetment to suicide

Acts that are defined as criminal acts with criminal intent in the Homicide Law in Nepal

1. Homicide with Intention to Kill
2. Homicide with Intention to Cause Grievous Bodily Harm
3. Homicide with Knowledge
4. Killing by Imminent Dangerous Activity

Also visit: Rape Law in Nepal

Legal Provision of Homicide Law in Nepal

According to the Muluki Criminal Code 2074,

Section 177: Prohibition of doing an act with the intention of causing death

No person should intentionally kill, do, or cause to be done, any act causing the death of another person.

Section 178: Prohibition of doing an act likely to cause Death

No person should do any act, with the knowledge that, or having reason to believe that, such an act is, in an ordinary course, likely to cause the death of another person.

If anyone does the act mentioned in sections 177 and 178, then he/she is imprisoned for life, i.e., lifetime imprisonment.

Section 179: Prohibition of causing death by grave Provocation or in the heat of passion

A person who causes the death of another person in any of the following circumstances shall be liable to a sentence of imprisonment for a term of ten to fifteen years and a fine of one hundred thousand to one hundred fifty thousand rupees:

a. Where the offender, while being deprived of the power of self-control by grave and sudden anger, causes the death of the person who gave such anger,

Provided that this clause shall not apply to the following circumstances:

• Where the offender is provoked by anything, is done in obedience to the law, or in the exercise of the right of private defense, or anything is done or intended to be done by a public servant in the exercise of his or her official duties,
• Where the offender himself or herself gives provocation(anger) to another with the intent to harm anyone, and anything done by that other person upon being so provoked causes the death of any person.

b. Where the offender, in the exercise in good faith of the right of private defense, exceeds the limit of such power and causes the death of the person against whom he or she is exercising such right of private defense,
c. Where death is caused instantly in the heat of passion upon a sudden quarrel.

Section 181: Prohibition of causing death by Recklessness

No person should cause the death of anyone by doing a reckless act.

Those who show reckless behavior, and if that results in the death of any person, then such persons are liable to a sentence of imprisonment for a term of three to ten years and a fine of thirty thousand to one hundred thousand rupees.

Section 182: Prohibition of causing death by Negligence

No person should cause the death of anyone by doing a negligent act.

If commits such an offense, then he/she is liable to a sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.

Section 183: Prohibition of committing an attempt to Murder

No person should, with the intention of committing murder of anyone, commit an
attempt to murder.

If committed, then he/she is liable to a sentence of imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees.

Section 184: Prohibition of throwing or abandoning a person under one’s own guardianship

A person, being bound to care for or maintain an infant, child, disabled patient, or elderly person, should not so throw, abandon, or desert as to cause danger to the body or life of such infant, child, patient, or elderly person.

If such an act is done, he/she is liable to a sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.

Section 185: Prohibition of abetment of suicide

No person should abet the commission of suicide by another, or create, or cause to be created, such circumstances as are likely to lead to the commission of such an act.

If such an act is done, he/she is liable to a sentence of imprisonment for a term not exceeding five years and a fine not exceeding fifty thousand rupees.

Section 187: Statute of Limitation

There is no limitation for the filing of the case in the court relating to the sections
177, 178, 179, 180, 181, 182, and proviso to sub-section (3) of Section 184. You can complain at any time.

Conclusion

Homicide law in Nepal should be strictly implemented, as homicide is a big threat to society, and as the life of a human being is the most essential thing, once death occurs, life can not be restored.