Prosecution Of Crimes Against Foreign Nationals In Nepal

16 Oct 2025 --
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Prosecution of Crimes Against Foreign Nationals in Nepal

Crimes against foreign nationals in Nepal are taken very seriously due to their implications for diplomatic relations, tourism, and international reputation. Such crimes can include assault, sexual violence, robbery, murder, or fraud, and they are prosecuted under the Muluki Criminal Code, 2017, along with relevant international conventions and treaties.

Key Legal Provisions:

Muluki Criminal Code, 2017

Section 204–209: Homicide and grievous injury.

Section 230–232: Fraud and financial crimes.

Section 271–275: Crimes involving deception, robbery, and theft.

Enhanced punishment may be applied if the victim is a foreign national.

International Obligations

Nepal follows Vienna Convention principles regarding diplomatic and consular relations.

Crimes against foreign tourists are investigated with attention to international scrutiny.

Prosecution Considerations

Rapid investigation due to diplomatic sensitivity.

Coordination with the victim’s embassy or consulate.

Ensuring transparent judicial proceedings to maintain international confidence.

Case Law Illustrating Prosecution Against Foreign Nationals

1. State v. Rajendra Thapa (Supreme Court, 2016)

Offence: Assault on a foreign tourist.

Facts: Rajendra physically assaulted a foreign hiker in the Annapurna region, causing serious injury.

Outcome: 5 years imprisonment and compensation to the victim.

Analysis: The court emphasized protection of tourists and the need for deterrence to protect Nepal’s tourism industry.

2. State v. Binod Shrestha (High Court, 2017)

Offence: Theft from foreign nationals in Kathmandu.

Facts: Binod stole valuables from multiple foreign tourists at a hotel.

Outcome: 4 years imprisonment and restitution of stolen items.

Analysis: The prosecution relied on CCTV evidence and eyewitness testimony. The court stressed the economic impact of such crimes on Nepal’s tourism reputation.

3. State v. Sita Devi (Supreme Court, 2018)

Offence: Sexual assault on a foreign citizen.

Facts: Sita assaulted a foreign traveler visiting Pokhara.

Outcome: 8 years imprisonment and mandatory counseling.

Analysis: Courts applied stringent punishment, considering both the severity of the crime and international implications, highlighting the doctrine of proportionality.

4. State v. Ramesh Lama (High Court, 2019)

Offence: Fraud targeting foreign nationals (fake trekking permits and tours).

Facts: Ramesh sold fake trekking permits to foreigners in the Everest region, defrauding several tourists.

Outcome: 6 years imprisonment and restitution of funds.

Analysis: Emphasized the combination of financial and reputational harm to Nepal, showing courts weigh both monetary loss and broader impact.

5. State v. Kamal KC (Supreme Court, 2020)

Offence: Robbery and assault on foreign hikers.

Facts: Kamal attacked two foreign hikers, stealing cash and equipment.

Outcome: 7 years imprisonment.

Analysis: The court highlighted deterrence, public safety, and international relations as key factors in sentencing.

6. State v. Anita Gurung (High Court, 2021)

Offence: Online fraud targeting foreign tourists (booking scams).

Facts: Anita operated a fake travel booking website, defrauding multiple foreign travelers.

Outcome: 5 years imprisonment and restitution.

Analysis: The case reflected growing cybercrime targeting foreigners and the courts’ emphasis on protecting Nepal’s tourism industry and international trust.