Chapter-13 Provisions on Actions, Offences and Punishment

Section 104: Punishment

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1) Any person who commits any of the following offences shall be liable to the following punishment:-

(a) In case of the commission of the offence as referred to in Clause (a) of sub-section (1) of Section 103, the amount involved shall be confiscated, and the offender shall be punished with a fine up to three times the amount involved and imprisonment up to five years,

(b) In case of the commission of the offence referred to in Clause (b) of sub-section (1) of Section 103, the amount involved shall be confiscated, and the offender shall be punished with a fine up to two times the amount involved and imprisonment of up to two years,

(c) In case of commission of the offence referred to in Clause (c), (d), (e), (f) or (g) of sub-section (1) of Section 103, the amount involved, if any, shall be confiscated and the offender shall be punished with a fine equal to the amount involved and an
imprisonment up to one year,

(d) In case of the commission of the offence referred to in Clause (h) of sub-section (1) of Section 103, the amount involved, if any, shall be confiscated, and the offender shall be punished with half of the punishment to be imposed to the principal offender.

2) While ascertaining the amount involved for the purpose of sub-section (1), the amount shall have to be calculated having taken into account the entire amount involved.

3) While imposing fines for the offences as referred to in Clause (a) to (e) of sub-section (1), if the claimed amount is revealed, the fines shall be imposed accordingly, and if no such amount is revealed, the amount from one million to five million has to be fined.

4) In case of commission of the offence as referred to in sub-section (3) of Section 103, the offender shall be punished with a fine equivalent to the involved amount and imprisonment up to five years.

5) In case an offence as referred to in Section 103 is committed by any firm, company or corporate body, punishment according to this Section shall be imposed on the concerned Director, official, employee or a concerned person of the concerned firm, company,, or corporate body and if such concerned person could not be ascertained, the punishment shall be imposed on the chief of the firm, company, or corporate body.

6) In case anyone is found to have been committed in any offence as referred to in Section 103 and the proceeds of the offence are found to have been kept or concealed in the name of himself/herself, any member of the family or relative or in the name of anyone else, such property and the property accrued therefrom shall also be confiscated.

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