Section 159: Pardon many be made

1) A person who is sentenced by a court judgment to punishment for an offence may make a petition to the President, through the Ministry of Home Affairs, for the pardon, suspension, alteration or reduction of that sentence.

2) In making a petition pursuant to sub-section (1), the petitioner shall attach a copy of the judgment of the court by which he or she was sentenced.

3) If a petition made pursuant to sub-section (1) is forwarded by the President to the Ministry of Home Affairs for necessary action, the Ministry shall, having regard to the following matters, make a submission to the Government of Nepal to decide whether or not to pardon, suspend, alter or reduce the sentence imposed on the petitioner:

(a) Nature of the offence, and the circumstances under which the offence was committed,

(b) Age and physical condition of the offender,

(c) Limit/ceiling of the sentence imposed on the offender,

(d) Whether or not the offender was sentenced to imprisonment for committing any offence prior to that punishment sentenced to him or her, and if he or she was so sentenced, the nature of such offence and the sentence served by him or her,

(e) Whether or not the offender is held in detention.

4) Notwithstanding anything contained elsewhere in sub section (3), no action may be taken to pardon, suspend, alter or reduce the sentence imposed on the offender of any of the following offences:

(a) Corruption,

(b) Torture,

(c) Rape,

(d) Murder in a cruel and inhumane way or by taking control,

(e) Genocide,

(f) Explosives,

(g) Kidnapping, hostage-taking or enforced disappearance,

(h) Human trafficking and transportation,

(i) Money laundering, and

(j) Narcotic drugs trafficking or transaction punishable by a sentence of imprisonment for a term exceeding three years.

5) Notwithstanding anything contained elsewhere in this Section, if the case is under consideration of any court by way of appeal, reference for sanction, review or revision or if the sentence imposed by the judgment of a court has not become final, the Ministry of Home Affairs may not take action referred to in sub section (3).

6) Prior to making a decision pursuant to sub-section (3), the Government of Nepal may consult the parole and probation board established by law.

7) If, while making decision pursuant to sub-section (3), the Government of Nepal has any reasonable reason for pardoning the whole or any part of, suspending, altering or reducing, the sentence imposed on the petitioner, it shall make a recommendation, accompanied by its opinion along with the grounds therefor, to the President.

8) If the sentence imposed on any offender is pardoned, suspended, altered or reduced by the President pursuant to the recommendation made by the Government of Nepal under sub section (7), the Government of Nepal shall give a notice thereof to the concerned court.

9) After receiving the notice referred to in sub-section (8), the concerned court shall accordingly void or update the records thereof.

10) The judgment of the concerned court shall not be voided by the reason of pardon, alteration or reduction of the sentence imposed on any person granted by the President pursuant to this Section, and it shall not affect in any manner the sentence already served or fine or claimed amount already paid by such person.

11) The Government of Nepal may make necessary standards for the purpose of making proposal or recommendation pursuant to sub-sections (3) and (7).