Rape Law in Nepal – Easy guide you need to know 2080

This article will help you to know all about rape law in Nepal including marital rape, legal provisions, punishment, etc.

The word ‘rape’ is derived from the Latin word ‘rapio’ which means forcible capture. Rape is sexual intercourse without the consent of either male or female.

According to the past laws, to be a rape, there should be the insertion of the penis into the vagina, and discharge of ejaculation was necessary.

But in modern laws, even a mild penetration is considered to be rape. Discharge of ejaculation is not necessary.

Not only this, modern law covers anal sex and oral sex as rape due to which even a male can be the victim of rape. Law related to rape in Nepal is guided by the Muluki Criminal Code 2074.

Types of Rape

  1. Date rape,
  2. Gang rape,
  3. Statutory rape,
  4. Children’s rape,
  5. Deception rape,
  6. Prison rape, 
  7. Spousal or marital rape, and
  8. War rape

Elements of Rape -Types of Activities in Rape

  1. Physical relation- without consent.
  2. Intercourse with or without consent of a girl below the age of 18.
  3. Penetration by any solid object
  4. Partial penetration is enough
  5. Oral, anal, and vaginal penetration with force and fear.

Note: Consent obtained by force/ fear/undue influence/ deception etc. is not regarded as consent.

Rape Law in Nepal – Legal Provisions

Muluki Criminal Code 2074 guides the rape law in Nepal. According to Muluki Criminal Code 2074, whoever has sexual intercourse with a woman without her consent or, in the case of a woman below eighteen years of age even with her consent, shall be deemed to have committed rape.

A person committing rape shall be liable to punishment, having regard to the circumstances of the commission of rape and the age of the woman, with the following imprisonment and fine:-

  1. from 16 years to 20 years, if the minor is below ten years.
  2. from 14 years to 16 years, if the minor is above ten years but below fourteen years.
  3. from 12 years to 14 years, if the minor is above fourteen years but below sixteen years.
  4. from 10 years to 12 years, if the woman is above sixteen years but below 18 years.
  5. from 7 years to 10 years, if the woman is above 18 years.

Section, 219 (6): Where a person has committed rape knowing that he/she has HIV infection, he/she shall be liable to punishment with additional punishment of up to ten years imprisonment and a one lakh fine and for knowingly rape with the sexually transmitted disease is up to additional 3 yrs imprisonment and up to thirty thousand fine.

Section 219 (7): If the rape of a woman is committed in a group or the rape is committed with a woman having a pregnancy of more than six months or with a disabled or handicapped or physically or mentally ill woman or the rape is committed forcibly by displaying a weapon, one shall be liable to punishment with additional imprisonment of up to five years imprisonment mentioned in subsection 3.

Section 219 (8): Where rape is committed with a woman having incestuous relations, he shall be liable to an additional punishment for incest in the punishment to be imposed under this chapter.

Section, 219 (6): Where a person has committed rape knowing that he/she has HIV infection, he/she shall be liable to punishment with additional punishment of up to ten years imprisonment and a one lakh fine and for knowingly rape with the sexually transmitted disease is up to additional 3 yrs imprisonment and up to thirty thousand fine.

Section 219(8): Where rape is committed with a woman having incestuous relations, he shall be liable to an additional punishment for incest in the punishment to be imposed under this chapter.

No Sexual Intercourse with Detainee Woman

Section 221: If sexual intercourse is done with a detainee woman, he shall be liable to punishment with imprisonment not exceeding three years and if such intercourse is an offense under this code or any other law in force for the time being, the punishment under this section shall be added into the punishment under that other provision.

Not to have Sexual Intercourse with a Woman under one’s Protection or Security

Section 222: If such is done, he shall be liable to punishment with imprisonment not exceeding three years and if such intercourse is an offense punishable under this Code or other laws in force, the punishment under this Section shall be added to the punishment provided for that offense.

Not to have Sexual Intercourse with a Woman in Office or Receiving Professional Service

If such is done, he shall be liable to punishment with imprisonment not exceeding four years and a fine not exceeding forty thousand rupees if such intercourse is an offense punishable under this Code or other laws in force, the punishment under this Section shall be added to the punishment provided for that offense.

FAQs – Rape Law in Nepal

Can consent given by minors for sexual intercourse be valid?

No, the consent given by minors is not valid. A woman who is below 18 years of age can not give consent for sexual intercourse according to the law of Nepal.

Is penetration of the penis into the vagina enough for committing rape?

Yes, penetration is sufficient to be responsible for rape. In the past, discharge of ejaculation was necessary to be called rape but now it is not required.

Can a wife file a case against her husband for rape?

Yes, according to the rape law in Nepal, a wife can file a case against her husband if the wife is forcefully involved in sexual activities by her husband. The husband may be punished for the offense of marital rape if found guilty.

Is sexual intercourse before marriage legal in Nepal?

Yes, sexual intercourse before marriage is legal in Nepal but sex partners must be above 18 years of age.

Share on:

57 thoughts on “Rape Law in Nepal – Easy guide you need to know 2080”

  1. Sir what if a woman keeps sexual relationship with men promising him for marriage but later she denied for marriage ….

    Reply
  2. Thank you so much for this information !
    im the victim of this rape case but the boy who raped me, now he is in india and not in contact with his family member. plz help for me !

    Reply
  3. What are the grounds of male to file a suit against rape issue? What about boy child being engaged in pedophilia? Are there any controversies regarding the male rape issues in Nepal prevailed according to law?

    Reply
  4. What if a female rape a boy under 18yrs and after 9 months she said that she had given birth to a baby and that belongs to him?? Should he report a male rape case or what??

    Reply
  5. I were 9 years old and that guy raped me and I even don’t know about that things. Now I’m suffering mentally depressed and now I’m 19 years old I can’t even enjoy my life coz of that demon activity.
    Now how can I spend my whole life.

    Reply
  6. Excuse me sir it’s really urgent can you reply me as soon as possible
    The thing is my boyfriend was out of contact for a week and I went to police station to search him but one of the police told me to put a rape case and he will be found fast then I did put a rape case then my bf came in contact then I went to police station to closed my file but they denied and I went there multiple times but after 6months they capture my bf and now I can’t do anything what should I do to take him down from that rape case

    Reply
  7. I was in a 4 years of relationship with a boy .We even had physical relationship.I was 17 years old when we first had the sexual intercourse.He gave me false hope to marry after four years of relationship now he gave me breakup saying that his family wouldn’t accept me due to my cast. I am facing lots of mental issues and I want to punish him for playing with my life .Can I file a lawsuit against him?

    Reply
  8. I’m a boy I worked as a teacher in rural area and one of my student purpose me frequently but I always reject n kindly talk relationship between us only teacher n student and then one night she called me saying it’s emergency n no one is there in her house. She came to my room at late night I request her to go her house or friends house bt she almost try to broke my phone and then I felt sleep n she started physical violence. I try to stop alot bt at last I went out of control n got physical with her. Not she started me threatening of rape case saying she is under 18 bt actually she is 20 cross. What can I do for my problem

    Reply
  9. Sir, what will be legal remedy if a boy after 3.5 years of relationship (including physical as well) and with a promise to marry her, now leaves her??? Can she file a rape case against him?

    Reply
  10. In which section of law wrote bout……(what will happen/what punishment he will get??) if a 13 years of teenage girl got pregnant by 30 y’old

    Reply
  11. Can a girl file case of rape after a month of intercourse…though it happens in mutal understanding…what should a male do ..how to be safe if its file ?

    Reply
  12. What will happen if a girl takes poison because of her boyfriend promise her to marry her and puts sindur but later on he gets out of contact. Is there any law that can help the girl for justice?

    Reply
  13. Below 18 years minor boy have a case attempt to rape by women. What kind of law we want to know.
    Please sir is important…

    Reply
  14. What can be done if a rape crime was committed in another country but the rapist fled that country and is now in Nepal hiding? Would a person from the other country contact anyone on the country that the offender went to and catch them and give a form of punishment?

    Reply
  15. Can a girl report against that boy for rape ?He keeps sexual relationship with her and promise her for marriage and later in he denied her for marriage?

    Reply
  16. Hello sir,

    I would like to know about the child rape. A girl was in her early 13 and she was in class 7 and the boy was studying in class 12 during the time of rape, house owner’s son and tenant’s daughter case. Now the girl is in her late 20s and she has not told this issue to anyone until now as she was threaten and emotionally blackmailed saying she would be shamed in her society . As this is very disturbing to her mentally and has build up her courage to speak up now, I would like to know what are the action we can take at this time. She is still worries that she will be shamed and Nepal Law will not be able to give her justice.

    Your information on this matter will be much appreciated.

    Thank you

    Reply
  17. 7 years punishment sentenced by district court and now boy(33 years old) appeals in high court about fake rape case by a divorced women,26 years old (after marriage she got affair with another boy, knowing the character of married girl was not good. Her husband gave her divorced and she had a 2 years baby boy too.
    she tell that it is rape but the boys say no this was a consent relationship between us, where doctor reports was also negative. For evidence sexual intercouse video is also given by boy as well as many voice recording. Then tell me how he got 7 years punishment.

    Reply
  18. Hey, what if both girl and boy are below 18, let’s say girl is of 16 and boy is of 17. Will it still be considered rape, if by any chance the girl complains.

    Reply
  19. Hey, if both girl and boy are minor and both have sexual intercourse with consent then is it considered rape? And if yes then how much long the boy could get punished in terms of getting reported?

    Reply
  20. If a family of underage victim who had delivered a baby don’t want a baby and is willing to give the baby to other family for adoption ? What is the legal process to adopt a child born through rape?

    Reply
  21. I’m a 19-year-old female now. I was raped by a guy possibly 12-13 years of age, and I was around 5 years old. I didn’t fight back or resist because I didn’t know what sex even was. I was told it was a “secret” between him and me. Can I still press charges against him? The trauma from that incident haunts me now.

    Reply
  22. If, as you say Mr. Dahal in response to earlier comments, that Nepali law says that a woman cannot be prosecuted for rape, what about homosexual sex between two men – where one or both – has a lower age of consent?

    Reply
  23. Sir yedi girl above 18 cha ani boy 26 cha ani intercourse huda bacha janmiyo vane k huncha
    Bacha janmauna milcha?? Legally

    Reply
  24. What if I had a sex with unmarried women, am I forced to get married to that same women according to Nepal law?

    Reply

Leave a Comment