nayan135/constitution · Datasets at Hugging Face

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excluding the time necessary for the journey from the place of arrest to such
18
authority; and any such person shall not be detained in custody except on the
order of such authority.
Provided that this clause shall not apply to a person held in preventive
detention and to a citizen of an enemy state .
(4) No person shall be liable for punishment for an act which was
not punishable by the law in force when the act was committed nor shall any
person be subjected to a punishment greater than that prescribed by the law in
force at the time of the commission of the offence.
(5) Every person charged with an offence shall be presumed
innocent until proved guilty of the offence.
(6) No person shall be tried and punished for the same offence in a
court more than once.
(7) No person charged with an offence shall be compelled to testify
against himself or herself.
(8) Every person shall have the right to be informed of any
proceedings taken against him or her.
(9) Every person shall have the right to a fair trial by an independent ,
impartial and compe tent court or judicial body .
(10) Any indigent party shall have the right to free legal aid in
accordance with law.
21. Right of v ictim of crime : (1) A victim of crime shall have the right to get
information about the investigation and proceedings of a case in which he or
she is the victim .
(2) A victim of crime shall have the right to justice including social
rehabilitation and compensation in a ccordance with law .
19
22. Right against t orture : (1) No person who is arrested or detained shall be
subjected to physical or mental torture or to cruel, inhuman or degrading
treatment.
(2) Any act mentioned in claus e (1) shall be punishable by law , and
any person who is the victim of such treatment shall have the right to obtain
compensation in accordance with law.
23. Right against preventive d etention : (1) No person shall be held under
preventive detention unless there is a sufficient ground of the existence of an
immediate threat to the sovereignty, territorial integrity or public peace and
order of Nepal.
(2) Information about the situation of a person who is held under
preventive detenti on pursuant to clause (1) must be given immediately to his or
her family members or relatives.
Provided that this clause shall not apply to a citizen of an enemy state.
(3) If the authori ty making preventive detention holds any person
under preventi ve detention contrary to law or in bad faith, the person held
under preventive detention shall have the right to obtain comp ensation in
accordance with law .
24. Right against untouchability and discrimination : (1) No person shall be
subjected to any form of untouchability or discrimination in any private and
public places on grounds of his or her origin, caste, tribe, community ,
profession, occupation or physical condition .
(2) In producing or distributing any goods, services or facilities, no
person belonging to any particular caste or tribe shall be prevented from
purchasing or acquiring such goods, services or facilities nor shall such goods,
services or facilities be sold , distributed or provided only to the persons
belonging to any particular caste or tribe.
20
(3) No act purporting to demonstrate any person or community as
superior or inferior on grounds of origin, caste, tribe or physical condition or
justifying social discrimin ation on grounds of caste , tribe or untouchability or
propagating ideology based on untouchability and caste based superiority or
hatred or encouraging caste -based discrimination in any manner whatsoever
shall be allowed.
(4) No discrimination in any form shall be allowed at a workplace
with or without making untouchability on the ground of caste .
(5) Any act of untouchability and discrimination in any form
committed in contravention of this Article shall be punishable by law as a
severe social offence , and the victim of such act shall have the right to obtain
compensation in accordance with law .
25. Right relating to p roperty : (1) Every citizen shall, subject to law, have the right
to acquire, own, sell, dispose, acquire business profits from, and otherwise deal
with, property .
Provided t hat the State may levy tax on property of a person, and tax on
income of a person in accordance with the concept of progressive taxation.
Explanation : For the purposes of this Article, "property" means any form
of property including movable and immovable property, and includes an
intellectual property right.
(2) The State shall not, except for public interest, requisition,
acquire, or otherwise create any encumbrance on, property of a person .
Provided that this clause shall not apply to any property acquired by any
person illicitly.
(3) The basis of compensation to be provided and procedures to be
followed in the requisition by the State of property of any person for public
interest in accordan ce with clause (3) shall be as provided for in the Act.
21
(4) The provisions of clauses (2) and (3) shall not prevent the State
from making land reforms, management and regulation in accordance with law
for the purposes of enhancement of product and productivity of lands,
modernization and commercialization of agriculture, environment protection
and planned housing and urban development.
(5) Nothing shall prevent the State from using the property of any
person , which it has requisitioned for public in terest in accordance with clause
(3), for any other public interest instead of such public interest.
26. Right to freedom of r eligion : (1) Every person who has faith in religion shall
have the freedom to profess, practice and protect his or her religion according
to his or her conviction .
(2) Every religious denomination shall have the right to operate and
protect its religious sites and religious Guthi (trusts).
Provided tha t nothing shall be deemed to prevent the regulation, by
making law , of the operation and protection of religious sites and religious
trusts and management of trust properties and lands.

excluding the time necessary for the journey from the place of arrest to such

18

authority; and any such person shall not be detained in custody except on the

order of such authority.

Provided that this clause shall not apply to a person held in preventive

detention and to a citizen of an enemy state .

(4) No person shall be liable for punishment for an act which was

not punishable by the law in force when the act was committed nor shall any

person be subjected to a punishment greater than that prescribed by the law in

force at the time of the commission of the offence.

(5) Every person charged with an offence shall be presumed

innocent until proved guilty of the offence.

(6) No person shall be tried and punished for the same offence in a

court more than once.

(7) No person charged with an offence shall be compelled to testify

against himself or herself.

(8) Every person shall have the right to be informed of any

proceedings taken against him or her.

(9) Every person shall have the right to a fair trial by an independent ,

impartial and compe tent court or judicial body .

(10) Any indigent party shall have the right to free legal aid in

accordance with law.

21. Right of v ictim of crime : (1) A victim of crime shall have the right to get

information about the investigation and proceedings of a case in which he or

she is the victim .

(2) A victim of crime shall have the right to justice including social

rehabilitation and compensation in a ccordance with law .

19

22. Right against t orture : (1) No person who is arrested or detained shall be

subjected to physical or mental torture or to cruel, inhuman or degrading

treatment.

(2) Any act mentioned in claus e (1) shall be punishable by law , and

any person who is the victim of such treatment shall have the right to obtain

compensation in accordance with law.

23. Right against preventive d etention : (1) No person shall be held under

preventive detention unless there is a sufficient ground of the existence of an

immediate threat to the sovereignty, territorial integrity or public peace and

order of Nepal.

(2) Information about the situation of a person who is held under

preventive detenti on pursuant to clause (1) must be given immediately to his or

her family members or relatives.

Provided that this clause shall not apply to a citizen of an enemy state.

(3) If the authori ty making preventive detention holds any person

under preventi ve detention contrary to law or in bad faith, the person held

under preventive detention shall have the right to obtain comp ensation in

accordance with law .

24. Right against untouchability and discrimination : (1) No person shall be

subjected to any form of untouchability or discrimination in any private and

public places on grounds of his or her origin, caste, tribe, community ,

profession, occupation or physical condition .

(2) In producing or distributing any goods, services or facilities, no

person belonging to any particular caste or tribe shall be prevented from

purchasing or acquiring such goods, services or facilities nor shall such goods,

services or facilities be sold , distributed or provided only to the persons

belonging to any particular caste or tribe.

20

(3) No act purporting to demonstrate any person or community as

superior or inferior on grounds of origin, caste, tribe or physical condition or

justifying social discrimin ation on grounds of caste , tribe or untouchability or

propagating ideology based on untouchability and caste based superiority or

hatred or encouraging caste -based discrimination in any manner whatsoever

shall be allowed.

(4) No discrimination in any form shall be allowed at a workplace

with or without making untouchability on the ground of caste .

(5) Any act of untouchability and discrimination in any form

committed in contravention of this Article shall be punishable by law as a

severe social offence , and the victim of such act shall have the right to obtain

compensation in accordance with law .

25. Right relating to p roperty : (1) Every citizen shall, subject to law, have the right

to acquire, own, sell, dispose, acquire business profits from, and otherwise deal

with, property .

Provided t hat the State may levy tax on property of a person, and tax on

income of a person in accordance with the concept of progressive taxation.

Explanation : For the purposes of this Article, "property" means any form

of property including movable and immovable property, and includes an

intellectual property right.

(2) The State shall not, except for public interest, requisition,

acquire, or otherwise create any encumbrance on, property of a person .

Provided that this clause shall not apply to any property acquired by any

person illicitly.

(3) The basis of compensation to be provided and procedures to be

followed in the requisition by the State of property of any person for public

interest in accordan ce with clause (3) shall be as provided for in the Act.

21

(4) The provisions of clauses (2) and (3) shall not prevent the State

from making land reforms, management and regulation in accordance with law

for the purposes of enhancement of product and productivity of lands,

modernization and commercialization of agriculture, environment protection

and planned housing and urban development.

(5) Nothing shall prevent the State from using the property of any

person , which it has requisitioned for public in terest in accordance with clause

(3), for any other public interest instead of such public interest.

26. Right to freedom of r eligion : (1) Every person who has faith in religion shall

have the freedom to profess, practice and protect his or her religion according

to his or her conviction .

(2) Every religious denomination shall have the right to operate and

protect its religious sites and religious Guthi (trusts).

Provided tha t nothing shall be deemed to prevent the regulation, by

making law , of the operation and protection of religious sites and religious

trusts and management of trust properties and lands.