Comprehensive Guide to Corruption Law in Nepal: Legal Framework, Enforcement Mechanisms, and Landmark Cases

Comprehensive Guide to Corruption Law in Nepal: Legal Framework, Enforcement Mechanisms, and Landmark Cases

Comprehensive Guide to Corruption Law in Nepal: Legal Framework, Enforcement Mechanisms, and Landmark Cases

Comprehensive Guide to Corruption Law in Nepal: Legal Framework, Enforcement Mechanisms, and Landmark Case 

Corruption Law in Nepal: A Comprehensive Legal Analysis

Corruption law in Nepal represents a critical component of the country's legal framework, designed to combat abuse of authority, bribery, and other forms of corruption that undermine governance, economic development, and public trust. As Nepal continues its democratic transition and efforts to establish good governance, the anti-corruption legal framework has evolved significantly, incorporating constitutional provisions, specialized legislation, and institutional mechanisms. This comprehensive analysis examines the legal foundations, enforcement mechanisms, institutional arrangements, and judicial interpretations that shape Nepal's approach to combating corruption.

Constitutional Foundations of Anti-Corruption Law in Nepal

The Constitution of Nepal, 2015, establishes the constitutional foundation for anti-corruption efforts, recognizing corruption as a threat to democratic governance and establishing mechanisms to combat it.

Article 238: Constitutional Establishment of CIAA

Article 238 of the Constitution establishes the Commission for the Investigation of Abuse of Authority (CIAA) as a constitutional body:

  1. Composition: The CIAA consists of a Chief Commissioner and four other Commissioners
  2. Appointment: The President appoints the Chief Commissioner and Commissioners on recommendation of the Constitutional Council
  3. Term of Office: Six-year term for both Chief Commissioner and Commissioners
  4. Qualifications: Commissioners must possess a bachelor's degree, have at least 20 years of experience in accounting, revenue, engineering, law, development, or research, be at least 45 years old, and be of high moral character
  5. Independence: Commissioners cannot be members of any political party at the time of appointment and are not eligible for reappointment

Article 239: Functions, Duties, and Powers of CIAA

Article 239 outlines the comprehensive mandate of the CIAA:

  1. Investigation Authority: Power to investigate abuse of authority committed through corruption by any person holding public office
  2. Jurisdictional Limits: Excludes officials for whom the Constitution provides separate provisions and officials covered by special laws
  3. Prosecution Powers: Authority to file cases in competent courts against persons found to have committed corruption
  4. Referral Authority: Power to refer matters falling under other jurisdictions to concerned authorities
  5. Delegation Powers: Authority to delegate functions to Chief Commissioner, Commissioners, or government officers

Other Constitutional Provisions

Several other constitutional provisions support anti-corruption efforts:

  1. Article 46: Right against corruption as a fundamental right
  2. Article 51: Directive principles emphasizing good governance and corruption control
  3. Article 253: Special provisions for judicial officers accused of corruption
  4. Article 101: Impeachment provisions for high-ranking officials

Primary Anti-Corruption Legislation

Nepal's anti-corruption legal framework is built upon several key pieces of legislation that provide the substantive and procedural foundation for combating corruption.

The Prevention of Corruption Act, 2059 (2002)

The Prevention of Corruption Act, 2002, serves as Nepal's primary anti-corruption legislation, defining corruption offenses and establishing punishments.

Key Definitions

The Act provides comprehensive definitions essential for understanding corruption law:

  1. Corruption: "Offenses punishable under Chapter-2" of the Act
  2. Graft: "Cash, goods or any type of gain or benefit" including bribes
  3. Public Institution: Includes government-owned companies, educational institutions, local bodies, and institutions receiving government grants
  4. Public Servant: Broad definition covering government officials, appointed persons, arbitrators, and designated individuals
  5. Degree of Offense: Determined based on circumstances, gravity, intention, qualification, and position of the offender

Corruption Offenses and Punishments

The Act establishes a graduated punishment system based on the amount involved:

Bribery (Section 3)

Amount Involved

Imprisonment Term

Up to NPR 25,000

Up to 3 months

NPR 25,000-50,000

3-4 months

NPR 50,000-100,000

4-6 months

NPR 100,000-500,000

6 months-1.5 years

NPR 500,000-1 million

1.5-2.5 years

NPR 1 million-2.5 million

2.5-5 years

NPR 2.5 million-5 million

5-6 years

NPR 5 million-10 million

6-8 years

Above NPR 10 million

8-10 years

The Act also provides for fines equivalent to the amount involved and confiscation of accepted bribes.

Accepting Goods or Services at Reduced Prices (Section 4)

  • Punishment: 6 months to 1 year imprisonment plus fine equal to the amount involved
  • Confiscation: Goods already accepted are confiscated; for services, price is fixed and equivalent fine imposed

Accepting Gifts, Presents, or Donations (Section 5)

  • Punishment: 3-6 months imprisonment
  • Confiscation: Accepted items are confiscated

Other Corruption Offenses

The Act also covers:

  • Embezzlement of government property
  • Abuse of authority for personal gain
  • Conflict of interest situations
  • Insider trading by public officials
  • Money laundering related to corruption

Asset Disclosure Requirements

Section 32 of the Act establishes comprehensive asset disclosure provisions:

  1. Initial Declaration: Public officials must submit property details within 60 days of joining office
  2. Annual Declaration: Annual submission of property statements
  3. Family Disclosure: Must include property details of spouse and dependent children
  4. Verification Process: CIAA has authority to verify submitted information
  5. Penalties for False Declaration: Imprisonment and fines for false or incomplete declarations

Investigation and Trial Procedures

The Act establishes detailed procedures for:

  1. Investigation Authority: CIAA has exclusive authority to investigate corruption offenses
  2. Arrest Powers: Authority to arrest suspects with sufficient evidence
  3. Search and Seizure: Power to search premises and seize evidence
  4. Freezing Assets: Authority to freeze assets suspected to be proceeds of corruption
  5. Trial Procedures: Special procedures for corruption cases in designated courts

Commission for the Investigation of Abuse of Authority Act, 2048 (1991)

The CIAA Act provides the institutional framework for Nepal's primary anti-corruption body:

Institutional Structure

  1. Commission Level: Chief Commissioner and four Commissioners
  2. Secretariat: Administrative support structure
  3. Regional Offices: Eight outreach offices across Nepal
  4. Investigation Teams: Specialized investigation units

Powers and Functions

The Act grants CIAA extensive powers:

  1. Investigative Powers: Authority to investigate any public official for corruption
  2. Prosecutorial Authority: Power to file cases directly in Special Court
  3. Search and Seizure: Authority to conduct searches and seize evidence
  4. Arrest Authority: Power to arrest suspects with sufficient evidence
  5. Asset Freezing: Authority to freeze suspicious assets
  6. Preventive Mandate: Authority to recommend systemic improvements

Limitations on CIAA Authority

The Act also establishes important limitations:

  1. Policy Decision Exception: CIAA cannot investigate "policy decisions collectively made by the Council of Ministers"
  2. High-Ranking Officials: Special procedures for investigating certain high-ranking officials
  3. Judicial Officers: Requirement for Judicial Council involvement in cases against judges
  4. Military Personnel: Special procedures for military officials

Special Court Act, 2059 (2002)

The Special Court Act established specialized courts to handle corruption cases:

Jurisdiction

The Special Court has exclusive jurisdiction over:

  1. Corruption Cases: All cases filed under the Prevention of Corruption Act
  2. Money Laundering: Cases related to proceeds of corruption
  3. Treason Cases: Cases involving treason against the state

Composition

  1. Special Court Bench: Comprises three judges
  2. Appointment Process: Judges appointed by Judicial Council
  3. Term of Office: Four-year terms for Special Court judges
  4. Qualifications: Special requirements for experience in corruption cases

Procedures

The Act establishes specialized procedures:

  1. Expedited Trials: Priority hearing for corruption cases
  2. Evidence Rules: Special rules for evidence in corruption cases
  3. Appeal Process: Direct appeal to Supreme Court
  4. Asset Recovery: Special provisions for recovery of illicit assets

Institutional Framework for Anti-Corruption Efforts

Nepal has established a comprehensive institutional framework to implement anti-corruption laws and policies.

Commission for the Investigation of Abuse of Authority (CIAA)

The CIAA serves as Nepal's primary anti-corruption institution with broad constitutional and statutory powers.

Organizational Structure

  1. Central Office: Located in Tangal, Kathmandu
  2. Regional Offices: Eight outreach offices across Nepal:
    • Itahari-Sunsari
    • Bardibas-Mahottari
    • Hetauda-Makwanpur
    • Pokhara-Kaski
    • Butwal-Rupandehi
    • Birendranagar-Surkhet
    • Mahendranagar-Kanchanpur
    • Nepalgunj-Banke

Strategic Approaches

CIAA adopts a multi-pronged strategy against corruption:

  1. Punitive Measures: Investigation and prosecution of corruption cases
  2. Preventive Measures: Systemic improvements and recommendations
  3. Promotional Activities: Awareness and education programs
  4. Capacity Building: Training and institutional development

Investigation Process

The CIAA follows a structured investigation process:

  1. Complaint/Information Receipt: Accepting complaints from public or gathering information
  2. Preliminary Assessment: Initial evaluation of allegations
  3. Formal Investigation: Detailed investigation with evidence collection
  4. Decision Making: Determination whether to file charges
  5. Prosecution: Filing cases in Special Court
  6. Follow-up: Monitoring case progress and outcomes

Other Anti-Corruption Institutions

Several other institutions complement CIAA's efforts:

National Vigilance Centre

  1. Mandate: Prevention of corruption in public service
  2. Functions: Training, awareness, and preventive measures
  3. Coordination: Works closely with CIAA on preventive aspects

Office of the Auditor General

  1. Audit Authority: Conducts audits of government expenditures
  2. Corruption Detection: Identifies financial irregularities
  3. Reporting: Submits reports to Parliament and CIAA

Judicial Council

  1. Judicial Discipline: Handles corruption cases against judges
  2. Coordination: Works with CIAA on judicial corruption matters
  3. Recommendations: Makes recommendations for judicial action

Anti-Corruption Units in Ministries

  1. Internal Controls: Internal anti-corruption mechanisms
  2. Coordination: Liaise with CIAA on ministry-specific issues
  3. Prevention: Implement preventive measures within ministries

Asset Disclosure and Prevention Mechanisms

Nepal has established comprehensive asset disclosure requirements and preventive mechanisms to combat corruption.

Asset Disclosure System

Legal Requirements

  1. Coverage: All public officials from ministers to junior civil servants
  2. Timing: Initial declaration within 60 days of appointment, annual declarations thereafter
  3. Content: Must include all assets, liabilities, income sources, and family holdings
  4. Verification: CIAA has authority to verify submitted information
  5. Public Access: Limited public access to senior officials' declarations

Implementation Challenges

  1. Compliance Issues: Incomplete or false declarations
  2. Verification Capacity: Limited resources for thorough verification
  3. Enforcement: Weak penalties for non-compliance
  4. Technical Limitations: Outdated systems for managing declarations

Preventive Measures

Institutional Prevention

  1. Internal Controls: Financial management systems and internal audits
  2. Procurement Reforms: Transparent procurement processes
  3. E-Governance: Digital systems to reduce human discretion
  4. Whistleblower Protection: Mechanisms to protect corruption reporters

Policy Prevention

  1. Administrative Reforms: Simplification of procedures to reduce corruption opportunities
  2. Transparency Measures: Public disclosure of government decisions and expenditures
  3. Citizen Engagement: Public participation in monitoring government activities
  4. International Cooperation: Collaboration with international anti-corruption bodies

Investigation and Prosecution Procedures

Nepal's anti-corruption framework establishes specialized procedures for investigating and prosecuting corruption cases.

Investigation Process

Initiation of Investigation

  1. Complaints: Public complaints and whistleblower reports
  2. Own Motion: CIAA's own initiative based on information
  3. Referrals: Cases referred by other government bodies
  4. Media Reports: Investigation based on media exposure

Investigation Powers

CIAA has extensive investigative powers:

  1. Search and Seizure: Authority to search premises and seize evidence
  2. Document Access: Power to access any government documents
  3. Banking Information: Authority to obtain banking records
  4. Witness Examination: Power to examine witnesses under oath
  5. Arrest Authority: Power to arrest suspects with sufficient evidence

Evidence Collection

The investigation process focuses on collecting:

  1. Documentary Evidence: Financial records, property documents, contracts
  2. Testimonial Evidence: Witness statements and confessions
  3. Physical Evidence: Seized assets and physical evidence
  4. Digital Evidence: Electronic records and communications
  5. Forensic Evidence: Financial forensics and other technical evidence

Prosecution Process

Filing of Cases

  1. Decision to Prosecute: Based on sufficient evidence
  2. Charge Sheet Preparation: Detailed statement of allegations and evidence
  3. Court Filing: Submission to Special Court
  4. Public Interest Consideration: Assessment of public interest in prosecution

Trial Procedures

Special Court procedures include:

  1. Expedited Process: Priority hearing for corruption cases
  2. Evidence Rules: Special rules for evidence admissibility
  3. Witness Protection: Measures to protect witnesses
  4. Asset Freezing: Maintenance of asset freezes during trial
  5. Sentencing Guidelines: Structured approach to sentencing

Appeal Process

  1. Direct Appeal to Supreme Court: Appeals bypass appellate courts
  2. Grounds for Appeal: Legal errors, procedural irregularities, sentencing issues
  3. Expedited Appeals: Priority handling of corruption appeals
  4. Final Decision: Supreme Court decisions are final

Landmark Corruption Cases and Judicial Interpretations

Nepal's judiciary has played a crucial role in shaping anti-corruption jurisprudence through landmark decisions and interpretations.

Recent High-Profile Cases

Madhav Nepal Case (2025)

The case against former Prime Minister Madhav Kumar Nepal represents a landmark in Nepal's anti-corruption efforts:

Background: Allegations of corruption in land transactions involving Patanjali Ayurveda Company

Key Legal Issues:

  • Whether Cabinet decisions benefiting private companies constitute "policy decisions" protected from CIAA investigation
  • The scope of CIAA's authority to investigate high-ranking officials
  • Definition of "policy decisions" versus corrupt acts

Significance: This case marked the first time a former Prime Minister was prosecuted for corruption, challenging the traditional immunity of high-ranking officials.

CIAA's Argument: The decision to exempt Patanjali from land ceiling rules and allow subsequent profit-making sales could not be considered a legitimate policy decision as it benefited a specific private company rather than the public interest.

Mobile Device Management System (MDMS) Case (2024)

Background: Corruption in procurement of mobile device management system

Key Findings: Special Court convicted Nepali officials, foreign nationals, and companies

Significance: Demonstrated international dimensions of corruption and established liability for both individuals and corporate entities

Giri Bandhu Tea Estate Case

Background: Long-running scandal involving illegal land transactions

Legal Issues: Abuse of authority in land management and privatization

Significance: Established precedents for prosecuting complex, multi-party corruption schemes

Supreme Court Jurisprudence

Binod Kumar Gautam v. CIAA (2022)

This landmark case addressed important jurisdictional issues:

Facts: A civil servant who became a district judge was investigated for actions taken while in civil service

Key Legal Question: Whether CIAA could investigate a judge for actions committed before judicial appointment

Supreme Court Ruling: The Court held that:

  • Judicial independence does not provide immunity from prosecution for crimes committed before appointment
  • The Constitution and laws establish special procedures but not immunity for judges
  • CIAA must coordinate with Judicial Council when investigating judges
  • Evidence of corruption must be addressed regardless of current position

Significance: Clarified that judicial officers can be held accountable for pre-appointment corruption while maintaining judicial independence.

Key Legal Principles Established

Through various cases, Nepal's Supreme Court has established several important principles:

  1. No Immunity for Corruption: No official, regardless of position, is immune from corruption prosecution
  2. Burden of Proof: Shifting burden of proof in corruption cases to accused officials
  3. Asset Forfeiture: Strong provisions for confiscation of illicit assets
  4. Public Interest Consideration: Emphasis on public interest in corruption prosecutions
  5. Judicial Independence: Balance between anti-corruption efforts and judicial independence

Emerging Trends in Anti-Corruption Jurisprudence

Nepali courts are developing several emerging trends:

  1. Expanded Definition of Corruption: Broad interpretation of what constitutes corrupt acts
  2. Corporate Liability: Increasing focus on corporate involvement in corruption
  3. International Cooperation: Recognition of transnational corruption issues
  4. Asset Recovery: Emphasis on recovering proceeds of corruption
  5. Preventive Jurisprudence: Courts ordering systemic improvements to prevent corruption

Challenges and Limitations in Anti-Corruption Enforcement

Despite a comprehensive legal framework, Nepal faces significant challenges in effectively combating corruption.

Institutional Challenges

Capacity Limitations

  1. Investigative Capacity: Limited technical expertise and resources
  2. Prosecutorial Resources: Overburdened Special Court and limited prosecutors
  3. Judicial Backlog: Delayed trials and appeals
  4. Training Gaps: Insufficient specialized training for investigators and judges

Coordination Issues

  1. Inter-Agency Coordination: Poor coordination between anti-corruption bodies
  2. Federal Implementation: Challenges in coordinating across three levels of government
  3. International Cooperation: Limited capacity for international anti-corruption cooperation
  4. Information Sharing: Inadequate systems for sharing information between agencies

Legal and Procedural Challenges

Legal Limitations

  1. Policy Decision Exception: Broad interpretation of "policy decisions" limiting CIAA investigations
  2. Immunity Provisions: Constitutional and statutory immunities for certain officials
  3. Evidence Standards: High burden of proof in corruption cases
  4. Statute of Limitations: Time limits that may bar prosecution of old cases

Procedural Challenges

  1. Investigation Delays: Lengthy investigation processes
  2. Trial Delays: Backlog in Special Court
  3. Appeal Processes: Lengthy appeal procedures
  4. Asset Recovery: Difficulties in recovering and repatriating assets

Political and Social Challenges

Political Interference

  1. Executive Influence: Political pressure on anti-corruption bodies
  2. Appointment Issues: Political considerations in appointments to anti-corruption bodies
  3. Resource Allocation: Political decisions affecting funding for anti-corruption efforts
  4. Implementation Barriers: Political resistance to anti-corruption measures

Social and Cultural Factors

  1. Corruption Acceptance: Social tolerance of certain forms of corruption
  2. Whistleblower Risks: Risks faced by corruption reporters
  3. Public Awareness: Limited public understanding of corruption laws
  4. Cultural Practices: Traditional practices that may facilitate corruption

Technical and Resource Challenges

Technical Limitations

  1. Digital Infrastructure: Limited technology for tracking financial flows
  2. Forensic Capacity: Limited forensic accounting capabilities
  3. Data Management: Inadequate systems for managing corruption data
  4. International Standards: Difficulty meeting international anti-corruption standards

Resource Constraints

  1. Funding Limitations: Insufficient funding for anti-corruption efforts
  2. Human Resources: Shortage of qualified anti-corruption professionals
  3. Training Resources: Limited training capacity and expertise
  4. International Support: Dependence on international technical assistance

International Cooperation and Compliance

Nepal has engaged with international anti-corruption efforts and has obligations under various international agreements.

International Conventions and Agreements

United Nations Convention Against Corruption (UNCAC)

Nepal ratified UNCAC in 2006, undertaking obligations to:

  1. Prevention Measures: Implement preventive policies and practices
  2. Criminalization: Criminalize various forms of corruption
  3. International Cooperation: Cooperate in investigations and prosecutions
  4. Asset Recovery: Establish mechanisms for asset recovery

Implementation Status

Nepal has made progress in implementing UNCAC through:

  • Legislative reforms aligning with UNCAC requirements
  • Establishment of anti-corruption institutions
  • Participation in UNCAC review mechanisms
  • International cooperation in corruption cases

Regional Anti-Corruption Initiatives

South Asian Association for Regional Cooperation (SAARC)

Nepal participates in SAARC anti-corruption initiatives:

  • Regional cooperation agreements
  • Information sharing mechanisms
  • Capacity building programs
  • Harmonization of anti-corruption laws

Bilateral Cooperation

Nepal has bilateral anti-corruption agreements with several countries:

  • Mutual legal assistance treaties
  • Extradition agreements
  • Asset sharing arrangements
  • Joint investigation protocols

Challenges in International Cooperation

Implementation Challenges

  1. Resource Limitations: Limited capacity to fulfill international obligations
  2. Legal Harmonization: Difficulties in harmonizing domestic laws with international standards
  3. Technical Capacity: Limited technical expertise for international cooperation
  4. Political Will: Varying levels of political commitment to international cooperation

Practical Challenges

  1. Extradition Issues: Difficulties in extraditing corruption suspects
  2. Asset Recovery: Challenges in recovering assets held abroad
  3. Information Sharing: Limited capacity for international information exchange
  4. Jurisdictional Issues: Complex jurisdictional questions in cross-border cases

Future Directions and Recommendations

To strengthen Nepal's anti-corruption framework, several reforms and initiatives are needed.

Legal and Institutional Reforms

Legislative Reforms

  1. Comprehensive Anti-Corruption Law: Consolidation of fragmented anti-corruption laws
  2. CIAA Act Amendment: Strengthening CIAA's powers and independence
  3. Whistleblower Protection Law: Comprehensive protection for corruption reporters
  4. Asset Forfeiture Law: Enhanced provisions for asset recovery and forfeiture

Institutional Strengthening

  1. CIAA Capacity Building: Enhanced technical expertise and resources
  2. Special Court Expansion: More specialized courts and judges
  3. Judicial Training: Specialized training for judges in corruption cases
  4. Inter-Agency Coordination: Improved coordination mechanisms

Preventive Measures

Systemic Prevention

  1. E-Governance Expansion: Digital systems to reduce corruption opportunities
  2. Procurement Reforms: Transparent and competitive procurement systems
  3. Financial Management: Enhanced financial controls and auditing
  4. Public Participation: Increased citizen engagement in monitoring

Awareness and Education

  1. Public Awareness Campaigns: Education about corruption laws and impacts
  2. School Programs: Anti-corruption education in schools
  3. Media Engagement: Working with media on corruption reporting
  4. Professional Training: Anti-corruption training for professionals

International Engagement

Enhanced Cooperation

  1. UNCAC Implementation: Full implementation of UNCAC obligations
  2. Regional Cooperation: Enhanced SAARC anti-corruption cooperation
  3. Bilateral Agreements: Additional mutual legal assistance treaties
  4. International Support: Continued international technical assistance

Capacity Building

  1. Technical Expertise: Building technical capacity for international cooperation
  2. Training Programs: Specialized training in international anti-corruption
  3. Best Practices: Learning from international best practices
  4. Knowledge Sharing: Participation in international anti-corruption networks

Conclusion: The Path Forward for Anti-Corruption Efforts in Nepal

Corruption law in Nepal has evolved significantly, establishing a comprehensive legal and institutional framework to combat corruption. The constitutional recognition of anti-corruption as a fundamental principle, specialized legislation like the Prevention of Corruption Act, and the establishment of institutions like the CIAA and Special Court demonstrate Nepal's commitment to fighting corruption.

However, significant challenges remain in effectively implementing anti-corruption laws and achieving tangible results. Institutional capacity limitations, political interference, procedural delays, and resource constraints continue to hamper anti-corruption efforts. The landmark prosecution of high-ranking officials like former Prime Minister Madhav Nepal signals progress, but much work remains to be done.

For legal professionals, understanding Nepal's anti-corruption framework is essential for navigating this complex field of law. The intersection of constitutional law, criminal procedure, administrative law, and international obligations creates a challenging but dynamic area of practice. As Nepal continues to strengthen its anti-corruption institutions and legal framework, legal professionals will play a crucial role in shaping implementation, representing clients, and contributing to the development of anti-corruption jurisprudence.

The future of anti-corruption efforts in Nepal will depend on several key factors: sustained political commitment, institutional strengthening, public engagement, international cooperation, and continuous legal reform. By addressing current challenges and building on existing strengths, Nepal can make significant progress in combating corruption and establishing a culture of integrity and good governance.

As the country moves forward, the legal community must remain engaged in advocating for reforms, representing clients fairly, and contributing to the evolution of anti-corruption law and practice. The fight against corruption is not merely a legal challenge but a fundamental requirement for Nepal's democratic development, economic prosperity, and social justice.


Frequently Asked Questions About Corruption Law in Nepal

Q1: What is the main anti-corruption legislation in Nepal?

A: The primary anti-corruption legislation is the Prevention of Corruption Act, 2059 (2002), which defines corruption offenses, establishes punishments, and provides for investigation and prosecution of corruption cases.

Q2: What powers does the CIAA have in investigating corruption?

A: The CIAA has extensive powers including authority to investigate any public official for corruption, conduct searches and seizures, access banking information, examine witnesses under oath, arrest suspects, and file cases directly in the Special Court.

Q3: What are the punishment levels for corruption offenses in Nepal?

A: Punishments are graduated based on the amount involved, ranging from up to 3 months imprisonment for amounts up to NPR 25,000 to 8-10 years imprisonment for amounts above NPR 10 million, plus fines equivalent to the amount involved.

Q4: Can high-ranking officials including former Prime Ministers be prosecuted for corruption in Nepal?

A: Yes, as demonstrated by the 2025 case against former Prime Minister Madhav Kumar Nepal, high-ranking officials can be prosecuted for corruption, though certain "policy decisions" made by the Council of Ministers may be protected from investigation.

Q5: What asset disclosure requirements exist for public officials in Nepal?

A: All public officials must submit comprehensive asset declarations within 60 days of joining office and annually thereafter, including details of all assets, liabilities, income sources, and holdings of spouse and dependent children.

Q6: How does the Special Court differ from regular courts in handling corruption cases?

A: The Special Court has exclusive jurisdiction over corruption cases, consists of specially appointed judges, follows expedited procedures, and handles cases related to corruption, money laundering, and treason with direct appeal to the Supreme Court.

Q7: What limitations exist on CIAA's investigative authority?

A: CIAA cannot investigate "policy decisions collectively made by the Council of Ministers," requires special procedures for investigating judges and military officials, and faces jurisdictional limitations regarding certain high-ranking officials.

Q8: How is Nepal addressing international anti-corruption obligations?

A: Nepal has ratified UNCAC and is working to implement its provisions through legislative reforms, institutional strengthening, international cooperation in investigations and prosecutions, and participation in regional and global anti-corruption initiatives.

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