Fundamental Constitutional Rights During Police Arrest and Detention in Nepal

Interacting with law enforcement or facing detention can be intimidating. The Constitution of Nepal (2072) and the Muluki Criminal Procedure Code 2074 provide essential constitutional and statutory safeguards to prevent arbitrary detention and custodial overreach.

Every citizen and resident is entitled to know these fundamental rights.

1. Right to Know the Grounds of Arrest

Under Article 20(1) of the Constitution:

No person who is arrested shall be detained in custody without being informed at the earliest possible of the reason for such arrest.

The arresting officer must provide an Arrest Memo (Prakau Purji) stating the offense alleged, the time of arrest, and the investigating authority.

2. Right to Consult a Lawyer of Choice

Under Article 20(2):

• Any arrested individual has the right to consult and be represented by a legal practitioner of their own choice from the very moment of arrest.
• Conversations and consultations with your advocate are strictly confidential and privileged.
• The investigating police authority cannot compel an accused to make statements without offering the opportunity to contact legal representation.

3. Mandatory 24-Hour Court Appearance

Under Article 20(3):

• Every person arrested and detained must be produced before the judicial authority (the District Court or an authorized officer) within 24 hours of arrest, excluding the time necessary for travel from the place of arrest to the court.
• Detention beyond 24 hours is unconstitutional unless specifically authorized by the judge through a formal remand (Myad Thap) order.

4. Protection Against Self-Incrimination

Under Article 20(7):

No person shall be compelled to be a witness against oneself.

An accused individual cannot be coerced, tortured, or pressured into signing confessions. Any confession obtained through custodial coercion is inadmissible under Section 19 of the Evidence Act 2031.

5. Right to Medical Examination

Under the Criminal Procedure Code:

• The arrested individual is entitled to a thorough medical examination at the time of entering police custody and upon each court remand appearance.
• Any signs of physical trauma or abuse can be recorded directly before the examining medical officer and brought to the attention of the presiding judge.

6. What to Do If You or a Family Member is Detained

1. Ask for the Arrest Memo: Confirm the specific section and police station where the person is taken.
2. Contact an Advocate Immediately: Do not sign blank papers or detailed factual admissions before consulting counsel.
3. Attend the 24-Hour Remand Hearing: An advocate can contest the necessity of custody and argue for minimum remand or immediate bail consideration.

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Emergency Note: Prompt legal intervention within the initial 24-hour window frequently determines whether an individual remains in detention or secures release pending trial.