The Asian Development Bank and the Organisation for Economic Co -operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of its use. This document was obtained in January 200 6.

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Nepal : Extradition Act, 2045

Extradition Act, 2045 (1988)
Date of Royal Seal and Publication
2045 -5-15
(Aug. 31, 1988)

Act No. 3 of the year 2045 (1988)
An Act made to provide for extradition of an accused or offender

Preamble: Whereas, it is expedien t to maintain law and order and to make legal provisions relating to
the extradition of accused of offender by adopting the SAARC Regional Convention of suppression of
terrorism passed by the Third Summit Conference of the South Asian countries;
Now, ther efore, His Majesty Birendra Bir Bikram Shah Dev has on the advice and with the consent
of the national Panchayat, made this Act, –
1. Short Title and Commencement :
1.1. This Act may be called “Extradition Act, 2045” (1988).
1.2. This Act shall come into force immediat ely.
2. Definition :
Unless the subject or the context otherwise requires, in this Act:
2.1. “Court” means the court prescribed by His Majesty’s Government by the notification
published in the Nepal Gazette.
2.2. “Offence” means the offence as stipulated in the Extradi tion Treaty concluded with any
foreign country for extraditing the accused or offender and this word shall also include the
offence as stipulated in the convention relating to the extradition of accused or offender to
which Nepal is a party.
2.3. “Foreign Count ry” means a country which has concluded a treaty with His Majesty’s
Government relating to the extradition of accused or offender concerning with any offence or
the member country of a convention relating to such extraditions which Nepal is a party.
2.4. “Conve ntion” means the convention providing for the extradition of accused or offender
relation to any offence to which Nepal is a party.
2.5. “Extradition Treaty” means a treaty concluded between His Majesty’s Government and any
foreign country relating to the extra dition of accused or offender relating to any offence.
3. Foreign County May Ask for Extradition or Punishment :
3.1. While making the request for extradition of or punishment to the accused or offender who,
after committing an offence, has absconded and is residi ng within the Kingdom of Nepal, such

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foreign country may make the request in writing through its Diplomatic Mission in
Kathmandu or the Nepal
3.2. While making the request for extradition or punishment pursuant to Sub -section 3.1 the
foreign country shall appe nd with such request all the relevant evidences and as far as possible
state the citizenship and specific features of the accused or offender and also the place where
he or she is residing within the Kingdom of Nepal.
4. Order may be Given for Enquiry :
If any foreign country requests His Majesty’s Government to extradite or punish the accused or offender
pursuant to Section 3, His Majesty’s Government may, if it deems necessary, give order as required to the
court to enquire on such matter.
5. Issue of Warrant :
5.1. After the receipt of the order from His Majesty’s Government pursuant to Section 4, the court
shall issue the warrant of arrest to such accused or offender mentioned in the order.
5.2. In case where the accused or offender is not apprehended after issuing the wa rrant pursuant to
Sub -section 5.1, the court shall notify His Majesty’s Government accordingly within fifteen
days and, if such accused or offender is apprehended after such notification the court shall
notify His Majesty’s Government within three days of the date the accused or offender is
apprehended.
6. Inquiry and Proceedings :
6.1. When the accused or the offender is apprehended and produced before the court, the court
shall collect the evidences received from the foreign country making the request for
extradit ion or punishment including those submitted by the accused or offender and inquire as
to whether or not the offence committed by the accused or the offender is of extraditable
nature under the extradition treaty or convention and whether or not such offen ce is of
political nature.
6.2. On making the inquiry pursuant to Sub -section 6.1, if the court does not find sufficient ground
for extraditing or punishing the accused or offender, it may release such accused or offender.
7. Report to Be Submitted :
7.1. After complet ing the inquiry pursuant to Section 6, if the court finds sufficient ground for
extraditing or punishing the accused or offender, it shall order that the accused or offender be
put on custody, till further order from His Majesty’s Government been made and submit to His
Majesty’s Government a report including al the evidences received in connection with the
enquiry.
7.2. While submitting the report pursuant to Sub -section 7.1 the court shall also submit the petition,
document, evidence, descriptions which the con cerned accused or offender wants to submit.
8. To Extradite or Punish the Accused or Offender :
8.1. If His Majesty’s Government finds it reasonable to extradite any accused or offender on the
basis of the report submitted by the court pursuant to Section 7, it sha ll put the accused or
offender in custody for extradition and issue an order specifying the place where the
extradition is to take place and the name of the person who is to receive such extradited
accused or offender.
8.2. While extraditing any accused or offe nder pursuant to Sub -section 8.1 the cash or the kind
seized from such accused or offender shall also be handed over to the person who receives the
accused or the offender if cash or kind is not claimed by any other person.

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8.3. If His Majesty’s Government find s it reasonable to punish than extradite any accused or
offender on the basis of the report submitted by the court pursuant to Section 7, it may order
the court initiate the proceedings for punishment.
9. Proceedings under the Prevailing Nepal Law to be Follo wed :
9.1. While initiating proceedings for punishment by not extraditing the accused or offender
pursuant to Section 8, such proceedings shall be initiated under the prevailing Nepal law
deeming as if the accused or offender has committed the offence within the Kingdom of
Nepal.
9.2. An appeal under the prevailing law may be lie against the decision made by the court pursuant
to Sub -section 9.1.
10. Release from Custody :
If any accused or offender put on custody under Sub -section 8.1 for extraditing to any foreign countr y
pursuant to this Act is not being taken on the Kingdom of Nepal within sixty days of being put on custody,
the supreme court may, on the basis of the petition submitted by such accused or offender or submitted on
his behalf, if finds it reasonable, relea se such accused or offender from custody.
11. In Case Request for Extradition is Made from More than One Country :
In case request for extradition is made from more than one country in regard to the same accused or
offender, His Majesty’s Government may, on con sidering the nature of the offence, extradite such accused
or offender to the foreign country as it deems proper.
12. Restriction on Extradition :
His Majesty’s Government shall not extradite the requisitioned accused or offender on the following
conditions:
12.1. In case such accused or offender is a political offender or if the offence committed by him is
seemed to be of political offence on the basis of the evidences received from the country
making the request for extradition or on the basis of the evidences produ ced by the accused or
offender in connection with the enquiry made by the court or if it is found that the accused or
offender is being demanded for punishment on political offence.
12.2. If it is found that the request for extradition has been made after the ex piry of the period of
limitation for initiating proceedings against the accused or offender n pursuance of the law of
such country.
12.3. In case the accused or offender is undergoing a punishment or a proceeding is going on against
such accused of offender in p ursuance of the prevailing Nepal law for the offence committed
within the Kingdom of Nepal, till the punishment or the proceeding is completed.
13. Power to Issue Warrant for Arrest under Certain Conditions :
13.1. On receiving information or evidence of the fact tha t any fugitive accused or offender of any
foreign country who is liable to be extradited or punished under this Act has come or been
residing to any area under its jurisdiction, the concerned District Court, f it deems necessary to
arrest him or her on suc h basis, may issue warrant to arrest such accused of offender.
13.2. The concerned District Court shall have to submit within three days, the report on the warrant
issued pursuant to Sub -section 13.1 for arresting any accused or offender and the copy of the
conc erned information and evidence to His Majesty’s Government.

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13.3. A person arrested and put on custody pursuant to the warrant issued under Sub -section 13.1
shall not be kept on custody for more than three months unless any order is received from His
Majesty’s G overnment in relation to such person.
13.4. In case where the District Court has submitted a report pursuant to Sub -section 13.2 in regard
to any accused or offender and if the District Court has been ordered by His Majesty’s
Government to initiate proceedings a gainst such accused or offender for extradition or
punishment, the concerned District Court shall follow the proceedings as laid down in this Act.
14. Political Offence Is Not to Be Considered an Offence :
Notwithstanding anything written elsewhere in this Act the offenses enumerated in the SAARC Regional
Convention on Suppression of Terrorism shall not be considered as political offence or an offence
motivated with the political objectives for the purpose of extradition.
15. Special Authority of His Majesty ’s Gover nment :
Notwithstanding anything written elsewhere in this Act, His Majesty’s Government may, at any time,
annual all acts, proceedings, warrant or order against any accused or offender and issue an order of release
of such accused of offender in case he or she is in custody. If it deems that the accused of offender whose
extradition is requested is not proper to be extradited or proceeding initiated against him or her due to the
trivial nature of the offence or the reason submitted by the accused or offende r for non extradition or for
reasons of justice or any reason which His Majesty’s Government deems proper.
16. Special Provision :
Notwithstanding anything written in the prevailing Nepal Law the evidences, proofs and documents
received from the foreign country in connection with the case whose proceeding have been initiated under
this Act may e admitted as evidence by the court.
17. Request to Be Made to the Foreign Country for Extradition of Punishment :
17.1. If any person , having committed an offence within the Kingdom of Nepal , has absconded and
is residing at any place within the jurisdiction of any foreign country. His Majesty’s
Government shall request the government of such foreign country of extradite or punish such
accused or offender.
17.2. W hile making request pursua nt to sub section 17.1 His Majesty’s Government shall append
with such request all the relevant evidence and as far as possible state the citizenship and
specific features or the accused or offender and also the place where he or she is residing in
such fo reign country.
18. The Provisions of This Act Not to Be Applicable :
Notwithstanding anything written elsewhere in this Act, If any country has not made legal provision for
fulfilling the requirement of the treaty concluded with Nepal or convention to which Nep al is a party the
provisions of this Act shall not be applicable in regard to such country.
19. Power to Frame Rules :
His Majesty’s Government may frame Rules, as required, for fulfilling the objectives of this Act.
20. Repeal :
The Extradition Act, 2020 has been r epealed.