1955 Police Act
1955 Police Act
np
Amendments:
Now, therefore, His Majesty the King has framed and promulgated this Act.
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This Act came into force on 15 Jesta 2065, "Prasati" and the word "Kingdom" has been deleted.
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Amended by Some Nepal Laws (Amendment and Re-arrangement) Act, 2020 (1964).
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Chapter-1
Preliminary
1. Short Title, Extent, and Commencement: (1) This Act may be called
the “Police Act, 2012 (1955)”.
2.4 Definitions: Unless the subject or the context otherwise requires, in this
Act,-
(b) ……………….6
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A notice on the application of Chapters 4 and 5 throughout Nepal was published on 28 December
1959.
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Amended by the Second Amendment.
5
Amended by the Fourth Amendment.
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Deleted by the Fifth Amendment.
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Amended by the fourth Amendment.
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(f) “Police employee” means the officers and personnel of the police
force.
(h) “Gazetted officer” means an inspector and officers above this rank.
Chapter-2
(2) 9 The salary and other terms and conditions of service of the
officers and personnel of the Police Force shall be as determined by the
Government of Nepal from time to time.
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Amended by the Fifth Amendment.
9
Amended by the Second Amendment.
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Amended by the Second Amendment.
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(3) 17………………
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Amended by the Second Amendment.
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Inserted by the Fourth Amendment.
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Deleted by the Fourth Amendment.
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Deleted by the Fourth Amendment.
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Amended by the Second Amendment.
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Inserted by the Fourth Amendment.
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Deleted by the Fifth Amendment.
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8.18 Control over the Police: District level police employees shall remain
under the control and direction of the Chief District Officer in regard to
matters concerning law and order and administration thereof. It shall be the
duty of the police employees to comply with the orders and directives
issued in that connection by the Chief District Officer. It shall be the duty
of the district level police employees to assist the Chief District Officer in
the other functions as required to be performed by him or her pursuant to
laws.
Chapter-3
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Amended by the Fifth Amendment.
19
Amended by the Second Amendment.
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Amended by the Fourth Amendment.
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(2) The police employees shall hold their office during the pleasure
of the Government of Nepal.
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Amended by the Fourth Amendment.
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10. 22 Saving from arbitrary dismissal, etc.: (1) In case any police employee
is to be dismissed, removed from the force or demoted in rank or salary, he
or she shall be given an opportunity to explain why he or she should not be
so punished, as well as a reasonable time-limit for doing so, except in the
following circumstance:
(2) Only the officer empowered to appoint any police employee may
dismiss him or her or remove him or her from the force or demote him or
her in rank or salary.
10A.23Not to bar institution of case: The institution of a case under this Act or
the other Nepal laws in force shall not be deemed to be barred merely by
the reason that a departmental action or punishment has been taken or
imposed pursuant to Section 9.
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Amended by the Second Amendment.
23
Inserted by the Second Amendment.
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Amended by the Second Amendment.
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(2) An appeal may be filed with the prescribed officer against any
order of departmental punishment made under Section 9.
Chapter-4
12. Police employees to remain on constant duty: For the purposes of this
Act, every police employee shall be deemed to be on constant duty, and a
police employee may be deputed at any time to any part of the country.
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Amended by the Fifth Amendment.
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14. Powers of senior employees: The powers vested in any police employee
under this Act or the Rules framed under this Act may be exercised by any
police employee who is senior to him or her in rank.
15. 26 Duties of police employees: (1) The duties of every police employee
shall be as follows:
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Amended by the Second Amendment.
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Amended by the Fifth Amendment.
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(3) In case any police officer enters into or inspects any place
without warrant pursuant to Sub-section (2), such police officer shall, as
soon as possible, inform the Chief District Officer in writing about the
same, along with the reasons for doing so.
16. 28 Power of Chief District Officer to Issue warrant, etc.: Any police
officer may submit reports to the Chief District Officer requesting the issue
of a suitable warrant according to the law, or of a search warrant, or
summons or any other notice, or prescribe time-limits in the name of any
person who has committed any crime, or is about to commit any crime,
after sending such information to the Chief District Officer as he or she has
obtained while discharging his or her duties, and the Chief District Officer
may issue such a warrant, summons or notice, or prescribe such a time-
limit, unless the prevailing law explicitly provides for any officer or
authority empowered to do so.
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Amended by the Second Amendment.
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Deleted by the Fifth Amendment.
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(b) To maintain peace in public roads, public baths, and places where
clothes are washed, river banks, airports, railway stations, fairs,
temples, places of worship of the surrounding areas at the time of
worship and other public places.
(c) To maintain peace on/at public roads, public baths, and places where
clothes are washed, river banks, airports, railway stations, prevent
overcrowding at such places and on public ferries, and preventing
violations of ……………….30 the Rules framed and orders framed
and issued under this Act and other prevailing Act for observance31
by the general public at such places and ferries.
19. 32 Arrangements for public assemblies and processions: (1) With the
objective of ensuring that the process of holding assemblies or taking out
processions at public paths, roads or thoroughfares do not cause
inconvenience to the general public or disturb peace, the Chief District
Officer, or the police officer authorized by him or her for the purpose, may
prescribe roads and time for holding such assemblies or taking out
processions.
30
Deleted by the Fifth Amendment.
31
Amended by the Second Amendment.
32
Amended by the Fifth Amendment.
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(2) In case a person who has a rightful claim to such property is not
traced or is absent, and in case such property is liable to be damaged or to
perish due to natural factors, or the Chief District Officer …………33 is of
the opinion that the auction thereof may be profitable to the owner of such
property, or in case ………….. 34 the value of such property is below Ten
Rupees, the Chief District Officer may, at any time, order the auction sale
of such a property and …………. 35 credit to the deposit of the proceeds of
the auction sale.
33
Deleted by the Second Amendment.
34
Deleted by the Second Amendment.
35
Deleted by the Second Amendment.
36
Inserted by the Third Amendment.
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police shall hand it over to the institute of medical sciences, where it has
been established, if it requires the body for the purpose of study. In case no
such institute has been established at that place, or in case it does not need
the dead body, the police shall have it cremated through the local Village
Development Committee or Municipality 37 or a social organization.
Provided that, in case the person whose dead body is found has died
as a result of an accident or by committing suicide or in any other
suspicious circumstances, the body shall be handed over to such an institute
or cremated, only after completing investigations, including autopsy,
according to the laws in force.
23. Duty of police employees to maintain diaries: (1) It shall be the duty
of the empowered employee of every police station to maintain a diary
according to the form prescribed by the Government of Nepal and indicate
therein all complaints and charges, the names of the arrested persons, the
names of the complaints, the offences for which the persons were arrested,
the arms or properties recovered from them or from other resources, as well
as the names of the witnesses summoned and inquired.
(2) The Chief District Officer may procure the diary and examine it.
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24. ……………
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25. ……………
40
26. ……………
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Amended by the Fifth Amendment.
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Deleted by the Second Amendment.
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Deleted by the Fifth Amendment.
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Deleted by the Fifth Amendment.
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Chapter-5
(2) The applicant shall bear the expenses for such additional police
employees. Provided that, such additional police employees shall act under
the orders of the Zonal Superintendent, and remain on such duty for such
period as he or she may deem proper.
(3) If the person who has filed application for additional police force
makes a written request to withdraw such police personnel before the Zonal
Superintendent of Police, her or she, within One month so deploys after
such application, the applicant shall not be liable to bear the expenses after
the expiry of such a period.
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Amended by the Second Amendment.
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42
Amended by the Fourth Amendment.
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Amended by the Second Amendment.
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Amended by the Second Amendment.
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(3) Subject to Sub-section (5) of this Section, the expenses for such
additional police employees shall be borne in particular by the inhabitants
of the area specified in the notification.
(4) Persons who are liable to pay expenses under Sub-section (5)
other than those who are not so required and the amount payable by them
shall be as determined by ………. 45 the Chief District Officer, duly taking
the status of the inhabitants into consideration.
45
Deleted by the Second Amendment.
46
Amended by the Second Amendment.
47
Amended by the Second Amendment.
48
Amended by the Second Amendment.
49
Amended by the Second Amendment.
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specified to be less than One month from the date of sustaining such
damage or loss.
(2) The Chief District Officer may, with the approval50 of the
Government of Nepal, institute necessary inquiry in the area as referred to
in Section 29, irrespective of whether additional police employees have
been posted therein or not, and take action as follows in such an area:
50
Amended by the Second Amendment.
51
Amended by the Second Amendment.
52
Amended by the Second Amendment.
53
Amended by the Second Amendment.
54
Amended by the Second Amendment.
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Amended by the Second Amendment.
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(5) No civil suit may be filed with respect to loss for which
compensation is already paid under this Section.
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Amended by the Second Amendment.
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Amended by the Second Amendment.
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Amended by the Second Amendment.
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Deleted by the Fifth Amendment.
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Deleted by the Third Amendment.
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Chapter-6
33A.62 Serious crimes: A police employee shall be imprisonment for life or for
a term not exceeding Fourteen years or punished with a fine not exceeding
the total amount of his or her Three years salary or with both, if he or she
commits any of the following offences:
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Amended by the Second Amendment.
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Amended by the Third Amendment.
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Deleted by the Republic Strengthening and Some Nepal Acts Amendment Act, 2066 (2010.).
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Deleted by the Fifth Amendment.
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(f) In case he or she willfully spreads panic or sends false alarm among
the police force personnel or the public with the intent to demoralize
or terrorize them at the time of attack or confrontation, or when there
is a possibility thereof.
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Inserted by the Third Amendment.
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(d) In case he or she sells arms and ammunitions that belongs to the
government or any other person and are under his or her custody.
(e) In case he or she leaves his or her station, post, guard-post, patrol,
picket, team, installation or office for the purpose of looting,
(f) In case he or she makes a criminal use of force against any employee
or attempts or threatens to do so, knowingly or having reason to
believe that such employee is of a higher rank, irrespective of
whether or not the latter is on duty,
(h) In case he or she burgles a house or any other place with the intent to
loot, or loots property in any manner, or causes loss or damage
thereto,
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Inserted by the Third Amendment.
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(b) In case he or she assaults, insults or criminally uses force against any
person who brings rations and other essential supplies to the camp or
uses force against him or her at any place.
(e) In case he or she falls asleep at the place where he or she is posted as
a sentry or leaves it before the routine change of guard,
(f) In case he or she deserts his or her guard-post, picket, team or patrol
before the routine change of guard or without permission,
(g) In case he or she resigns or cases to discharge the duties of his or her
post without the permission of the officer empowered to appoint him
or her,
(h) In case he or she beats up a sentry or uses force against him or her or
attempts to do so,
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(j) In case he or she leaves the place or arrest or detention before the
detainee has been released by the person empowered to release such
person,
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Repealed by the Third Amendment.
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(2) 69 The Home Ministry, the Government of Nepal shall form the
District Police Special Court, Regional Police Special Court and Central
Police Special Court under Sub-section (1), according to the need. In each
such court, there shall be three members, including one police officer,
under the chairpersonship of an officer of the judicial service. In case the
person who is being subjected to action is a police officer, the special court
shall have no officer whose rank is lower than that of the concerned person.
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Amended by the Third Amendment.
69
Amended by the Fifth Amendment.
70
Inserted by the Third Amendment.
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36B.71Appeal: (1) A person who is not satisfied with a decision made by the
police special court under Section 36 on a case relating to a crime
punishable under this Chapter may file an appeal with the Police Special
Court that is one level above it, within Thirty Five days.
36C.73 Procedure of police special court: (1) The Police Special Court
formed under this Act shall determine its rules of procedures on its own.
(2) A case has to be filed within One year of the commission of any
offense punishable under this Chapter.
38. Limitation for institution of case: No case may be instituted against the
Chief District Officer or any police employee in respect of any action taken
by him or her under this Act or the rules or regulations framed hereunder or
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Inserted by the Third Amendment.
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Deleted by the Fifth Amendment.
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Inserted by the Third Amendment.
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thinking that he or she was doing so in the exercise of the powers conferred
by the Act, rules or regulations or in respect of any act done with the
intention of taking such action unless:
(b) The case is filed within Eight months of the occurrence of the cause
of action.
39. Power to frame rules and issue orders: (1) The Government of Nepal
may frame rules for implementing the objectives of this Act.
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Schedule
................... has been appointed as an employee of the police force
under the Police Act, 2012 (1955), and he or she shall be entitled to the
powers, duties and facilities of the police employee.
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