Power of Pardon

There is a way other than bail and security for convicts to experience life outside of prison. We know the power as ‘pardon’ and also as ‘amnesty’ which is typically exercised by the supreme executive authority of a country. Here are a few things we should be aware of regarding the right to petition for pardon and the power to exercise it:

1. Authority: The President holds the power to grant pardon in Nepal.
2. Eligibility: Only the prisoner who has served 3/4th of their punishment is eligible to receive pardon.
3. Exceptions: Perpetrators of heinous crimes like rape, human trafficking, kidnapping, drug trafficking, money-laundering, corruption, offences against the state, offence against humanity, organized crime and any other crime with the punishment of lifetime imprisonment are not entitled to pardon.
4. Right of Prisoner: The criminal in prison may furnish an application to the prison authority requesting for a rebate in their imprisonment term. If the prisoner is aged or suffering from some acute illness, a relative or guardian may furnish the application in their stead.
5. Court Decision: Supreme Court of Nepal, on 2nd November 2023, gave a verdict necessitating the crime victim’s consent before granting Presidential amnesty to the convict, after Yograj Dhakal Regal - a murder convict was pardoned on the occasion of the 8th Constitution Day. 
6. Crime after Pardon: If the criminal who was granted rebate commits a heinous offense again, they will be termed recidivist and will have to face punishment double of what is prescribed for that crime.

Following are the relevant provisions in the legal context concerning the right and power of exercising pardon in Nepal: