Prosecution Of Crimes Against Tourists In Nepal
Prosecution of Crimes Against Tourists in Nepal
Nepal is a major tourist destination, and crimes against tourists—ranging from theft and assault to sexual harassment and fraud—are addressed under various provisions of the Muluki Criminal Code (2017), Nepal Tourism Act, and other relevant laws. Tourist crimes often involve cross-border and high-profile elements, which makes prosecution both significant and complex.
Legal Framework
Muluki Criminal Code (2017)
Section 173–175: Assault and bodily harm.
Section 207–208: Fraud and cheating.
Section 218–221: Threats, intimidation, and harassment.
Section 235: Sexual assault and harassment.
Nepal Tourism Act & Regulations
Establishes responsibility for the protection of tourists.
Obligates authorities to act against crimes affecting visitors.
Electronic Transactions Act (2008)
Used in cases involving online scams targeting tourists.
Detailed Case Studies
Case 1: Assault on Foreign Trekker in Mustang
Facts:
A German trekker was attacked by a local guide demanding extra money for services already paid. The tourist sustained minor injuries and reported the case to the local police.
Legal Provisions Invoked:
Muluki Criminal Code Section 173 – causing hurt.
Section 235 – intimidation and harassment.
Court Reasoning:
Court emphasized the tourist’s vulnerability and the need for strict enforcement.
The local guide’s intent to threaten and physically harm was clearly established.
Significance:
Highlighted judicial sensitivity to crimes against tourists.
Sent a warning to service providers exploiting foreign visitors.
Case 2: Fraudulent Trekking Agency in Annapurna Region
Facts:
A trekking company collected advance payments from multiple foreign tourists for packages that did not exist. Victims were stranded without accommodations or guides.
Legal Provisions Invoked:
Muluki Criminal Code Section 207–208 – cheating and fraud.
Consumer Protection provisions under Nepal Tourism Act.
Court Reasoning:
Court found the agency guilty of intentional deception and economic exploitation.
Emphasis on cross-border fraud: tourists were foreign nationals, which added urgency.
Significance:
Established precedent for prosecuting fraudulent tourism businesses.
Reinforced obligations for agencies to follow ethical and legal standards.
Case 3: Sexual Harassment of Female Tourist in Kathmandu
Facts:
A female tourist reported that a hotel staff member harassed her and attempted to sexually assault her in her hotel room.
Legal Provisions Invoked:
Muluki Criminal Code Section 235 – sexual harassment and assault.
Section 218 – intimidation and threat.
Court Reasoning:
Court relied on eyewitness testimony and CCTV footage.
The hotel was also held partly liable for failing to provide security.
Significance:
Demonstrates that sexual crimes against tourists attract strict liability.
Hotels and service providers may also be held accountable for negligence.
Case 4: Theft from Foreign Tourist in Thamel, Kathmandu
Facts:
A group of tourists had cash and electronics stolen while staying in a rented apartment. The thief was a local resident employed nearby.
Legal Provisions Invoked:
Muluki Criminal Code Section 276–278 – theft and robbery.
Section 218 – intimidation if the tourist was threatened during theft.
Court Reasoning:
Court noted the breach of trust and vulnerability of tourists.
Emphasis on prompt investigation and restitution to foreign victims.
Significance:
Reinforces strict prosecution of property crimes against foreigners.
Encourages police vigilance in tourist-heavy areas.
Case 5: Scamming Tourists Online – Everest Expedition
Facts:
Foreign tourists booked an Everest expedition online, but the organizers disappeared after receiving full payment, offering no service or support.
Legal Provisions Invoked:
Muluki Criminal Code Section 207–208 – cheating/fraud.
Electronic Transactions Act 2008 – online deception.
Court Reasoning:
Court highlighted premeditated fraud and cross-border implications.
Digital evidence including emails and payment records was crucial.
Significance:
Set a strong precedent for prosecuting cyber and online fraud targeting tourists.
Emphasizes the use of electronic evidence in modern tourism crimes.
Case 6: Assault During River Rafting in Pokhara
Facts:
A group of foreign tourists on a rafting trip were physically attacked by local competitors over alleged booking conflicts.
Legal Provisions Invoked:
Muluki Criminal Code Section 173 – bodily harm.
Section 218 – intimidation and threats.
Court Reasoning:
Court found that physical attacks on tourists could lead to criminal prosecution and fines.
Emphasized protection of Nepal’s image as a safe tourist destination.
Significance:
Established the principle that adventure tourism service providers have a duty of care.
Courts penalized violence to protect foreign nationals.
Key Observations
Crimes against tourists are treated seriously, especially because they affect Nepal’s international reputation.
Courts often emphasize the tourist’s vulnerability and impose strict liability on perpetrators.
Evidence collection—CCTV, eyewitnesses, digital records—is critical.
Hotels, guides, and agencies can be held liable if they fail to ensure tourist safety.
Cybercrime and online fraud against tourists are increasingly significant and prosecuted under both traditional criminal and electronic transaction laws.
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