Offences against public tranquillity in Nepal: Basics explained including punishment

Offences against public tranquillity refer to activities that cause the disturbance in peace of society. Nepali law has prohibited all sorts of activities that create disturbances in the peace of society. Section 60 of the National Penal Code, 2017, prohibits acts of unlawful assembly.

Here are basic things to know about the actions against public tranquillity.

Act against public tranquillity

The following acts are regarded as acts against public tranquillity.

Preventing any public servant from exercising the lawful functions or duties Take or obtain possession of anyone’s property forcefullyDeprive any person of their right of way, use of water, public transport or communication or similar other utilities Force any person to do what he or she is not legally bound to do or to omit to do what he or she is legally entitled to doHinder, resist the execution of any law, or of any legal process Commit any offence punishable by a sentence of imprisonment

For the offences listed, any person who, with the knowledge that it is an unlawful assembly, joins the assembly or any person who himself or herself does not join an unlawful assembly but hires or otherwise induces or overawes another to join such assembly will be held liable.

Provisions and punishments regarding unlawful assembly

Section 61 of the National Penal Code, 2017, states whenever a competent authority renders an order to prevent or disperse an unlawful assembly, no one shall participate in such assembly. A person not obeying such order of competent authority shall be held liable with imprisonment for a term not exceeding one year or a fine not exceeding Rs 10,000 or both.

Further, section 62 of the National Penal Code, 2017, elaborately explains that if a member of an unlawful assembly commits an offence in the achievement of the object of such assembly, every member of such assembly who aids and assists knowingly at the time of the commission of an offence shall be considered to have committed the offence.

Further, no person shall hold any torch procession or assembly or procession carrying a fire or inflammable substance in any place specified as the sensitive public area with an intent to disturb public peace. More on this, if anyone provides his or her house, land, vehicle or arm to that other person, knowingly or having a reasonable reason to know that another person is going to breach public peace or commit rioting, that shall be considered as committing a crime against the law. Any person found committing any of these two acts shall be held liable for imprisonment not exceeding six months or a fine not exceeding Rs 5,000 or both.

Additional to this, no person shall knowingly violate a curfew order imposed by a competent authority under law to prevent an unlawful assembly, riot or any other act that breaches tranquillity. Any person committing such act shall be liable for imprisonment for a term not exceeding one year or a fine not exceeding Rs 10,000 rupees or both sentences.

Provisions and punishments regarding riot and obstructing public servant work

Section 63 of the National Penal Code, 2017, prohibits an offence of riot. No person shall commit or cause to be committed, the offence of rioting.  Any unlawful assembly or a member thereof uses force or destroys, damages or causes loss to any public or private property in the course of achievement of the object of such assembly, every member of such assembly shall be considered to have committed the offence of rioting. Every person who commits such offence shall be liable to a sentence of imprisonment for a term not exceeding two years and a fine not exceeding Rs 20,000 if he or she is armed with a deadly weapon, and to a sentence of imprisonment for a term not exceeding one year and a fine not exceeding Rs 10,000 if he or she is not armed with a deadly weapon.