Understanding warrant requirements in Nepal is essential for protecting constitutional rights and ensuring lawful criminal procedure. The legal framework governing arrest and search warrants has been significantly modernized under the Criminal Procedure Code 2074 (2017) and National Criminal Code 2074, establishing clear judicial oversight mechanisms. This comprehensive tutorial examines when warrants are required, who may issue them, and how proper procedures are followed to balance law enforcement needs with individual liberties. Whether you are a legal practitioner, law enforcement officer, or individual seeking to understand your rights, this guide provides actionable insights into Nepal's warrant system.
The warrant requirements in Nepal are established through multiple legislative instruments that create a comprehensive regulatory environment:
| Law | Year | Key Provisions |
|---|---|---|
| Criminal Procedure Code | 2074 (2017 AD) | Primary legislation governing arrest and search procedures (Sections 26-32, 46) |
| National Criminal Code | 2074 (2017 AD) | Substantive criminal law including privacy protections (Sections 297-299) |
| State Cases Act | 2049 (1992 AD) | Government case procedures and prosecution guidelines |
| Police Act | 2012 (1955 AD) | Police powers and operational authority |
| Constitution of Nepal | 2015 | Fundamental rights and due process protections |
Article 24 of the Constitution of Nepal guarantees fundamental rights regarding arrest and detention:
These constitutional mandates establish the foundation for warrant requirements, ensuring that any deprivation of liberty receives judicial scrutiny.
Section 28 of Criminal Procedure Code 2074 establishes the framework for warrant-based arrests:
Section 27 provides exceptions where warrantless arrests are permitted:
Sections 22-24 of Criminal Procedure Code 2074 govern search and seizure:
| Aspect | Requirement |
|---|---|
| Authority | Judicial warrant required for premises search |
| Exceptions | Urgent circumstances allow warrantless search |
| Documentation | Inventory of seized items mandatory |
| Receipts | Must be provided to person searched |
| Female Search | Conducted by female officers or in presence of women |
Recent Supreme Court jurisprudence has extended warrant requirements to digital evidence. In Advocate Baburam Aryal v Government of Nepal, the Court held that obtaining call detail records (CDRs) without legal authorization violates privacy rights under Section 297 of National Criminal Code 2074, which prohibits interception of telephone conversations without proper authorization.
| Authority | Role | Jurisdiction |
|---|---|---|
| District Courts | Issue arrest and search warrants | Original jurisdiction for criminal matters |
| High Courts | Appellate warrant review | Supervisory jurisdiction |
| Supreme Court | Constitutional interpretation | Final appellate authority |
| Nepal Police | Warrant execution | Investigation and arrest operations |
| Office of Attorney General | Prosecutorial oversight | Warrant application review |
| Chief District Attorney Offices | District-level prosecution | Warrant request preparation |
Important Note: Recent debates have emerged regarding APF warrant authority. Nepal Police has raised concerns about granting paramilitary forces arrest warrant powers, citing potential conflicts with criminal justice administration and constitutional due process requirements.
Warrant requirements are judicial authorization procedures that mandate courts to review and approve requests for arrest and search before law enforcement may execute such actions, ensuring protection against arbitrary state action.
| Scenario | Warrant Requirement |
|---|---|
| Non-cognizable offenses | Always required |
| Cognizable offenses (standard) | Required unless exceptions apply |
| Premises search | Required unless urgent circumstances exist |
| Digital evidence collection | Increasingly required per recent Supreme Court decisions |
| Proclaimed offenders | Warrant issued for apprehension |
Warrants are executed at locations specified in the judicial order, including:
The process involves application preparation, judicial review, issuance, execution, and post-execution reporting—detailed in the step-by-step section below.
Applicant Eligibility:
Subject Eligibility (Person to be arrested):
Requirements:
| Document | Purpose | Prepared By |
|---|---|---|
| First Information Report (FIR) | Initial complaint record | Police/Complainant |
| Investigation Report | Evidence summary | Investigation Officer |
| Affidavit of Probable Cause | Sworn statement supporting warrant | Applicant Officer |
| Witness Statements | Supporting testimony | Investigation Team |
| Evidence Inventory | Items sought or seized | Police |
| Accused Information | Identity and address details | Police Records |
| Case File | Complete documentation | Prosecutor's Office |
Step 1: Investigation Initiation
Step 2: Evidence Compilation
Step 3: Legal Review
Step 4: Court Filing
Step 5: Judicial Scrutiny
Step 6: Warrant Issuance
Step 7: Warrant Service
Step 8: Documentation
Step 9: Post-Execution Procedures
February 25, 2026 - BY Admin
Investigation → FIR Registration → Evidence Collection →
Prosecutor Review → Court Application → Judicial Review →
Warrant Issuance → Execution → 24-Hour Production →
Detention/Release Determination| Item | Cost (NPR) | Notes |
|---|---|---|
| Warrant Application Filing | 500 - 2,000 | Varies by court jurisdiction |
| Search Warrant Execution | 1,000 - 5,000 | Including officer deployment |
| Arrest Warrant Processing | 500 - 1,500 | Standard processing fees |
| Document Certification | 200 - 500 | Per document |
| Execution Report Filing | 300 - 1,000 | Post-execution documentation |
| Service | Estimated Cost (NPR) | Provider |
|---|---|---|
| Legal Representation | 5,000 - 50,000 | Private attorneys |
| Document Preparation | 2,000 - 10,000 | Legal professionals |
| Translation Services | 1,000 - 5,000 | Certified translators |
| Notarization | 500 - 2,000 | Notary public |
| Transportation/Logistics | Variable | Case-dependent |
| Stage | Timeline | Legal Basis |
|---|---|---|
| FIR Registration | Immediate | CrPC Section 18 |
| Investigation Completion | 25 days (standard) | CrPC Section 20 |
| Warrant Application Review | 24-48 hours | Judicial discretion |
| Warrant Issuance | Same day to 3 days | Case complexity |
| Execution | Immediate to 7 days | Warrant validity |
| Production Before Court | Within 24 hours | Constitution Article 24(3) |
| Scenario | Extended Period | Conditions |
|---|---|---|
| Complex Investigations | Up to 6 months | Court approval required |
| Proclaimed Offenders | Indefinite | Until apprehension |
| International Cooperation | 3-12 months | Extradition treaties |
| Cybercrime Cases | Variable | Technical analysis needs |
| Requirement | Implementation | Consequence of Non-Compliance |
|---|---|---|
| Right to Counsel | Legal aid provision | Evidence exclusion possible |
| Right to Silence | Miranda-type warnings | Statement inadmissibility |
| Medical Examination | Mandatory for arrested persons | Rights violation claim |
| Family Notification | Immediate communication | Procedural irregularity |
Nepal's warrant procedures align with:
Q1: Can police arrest without a warrant in Nepal?
Yes, but only under specific circumstances. Warrantless arrests are permitted for cognizable offenses when police have reasonable suspicion, when offenses are committed in police presence, or when suspects are proclaimed offenders. For non-cognizable offenses, warrants are mandatory.
Q2: What is the difference between cognizable and non-cognizable offenses regarding warrants?
Cognizable offenses (serious crimes like murder, theft, assault) allow warrantless arrest with reasonable suspicion. Non-cognizable offenses (minor violations) require judicial warrants for arrest unless special circumstances exist.
Q3: How long is an arrest warrant valid in Nepal?
Arrest warrants remain valid until executed or formally cancelled by the issuing court. There is no statutory expiration period, though courts may specify execution timeframes in the warrant itself.
Q4: Can police search my home without a warrant?
Generally no, unless urgent circumstances exist (evidence destruction imminent, hot pursuit, or consent). The Supreme Court has emphasized that residential privacy receives strong constitutional protection under Article 24.
Q5: What constitutes "urgent circumstances" for warrantless search?
Urgent circumstances include imminent destruction of evidence, ongoing criminal activity, threat to public safety, or situations where delay would frustrate the investigation. Courts review such determinations strictly.
Q6: Are digital devices subject to warrant requirements?
Yes. Recent Supreme Court decisions (Advocate Baburam Aryal case) establish that cell phones, computers, and digital accounts require warrants or judicial authorization for search and data extraction.
Q7: What should I do if arrested without proper warrant?
Immediately request legal counsel, remain silent, and note the circumstances. Any evidence obtained or statements made during illegal arrest may be challenged in court as inadmissible.
Q8: Can I refuse entry to police with a search warrant?
No. Valid warrants must be executed, but you should verify the warrant's authenticity, scope, and issuing authority. Document the search and contact legal counsel immediately.
Q9: What remedies exist for illegal warrant execution?
Remedies include: (1) Motion to suppress evidence, (2) Tort compensation claims under Tort Liability Act, (3) Complaint to Human Rights Commission, (4) Disciplinary action against officers, and (5) Criminal prosecution for abuse of authority.
Q10: Who can apply for an arrest warrant?
Authorized investigation officers, public prosecutors, and in limited cases, private complainants through court applications. The application must demonstrate probable cause to the satisfaction of the judicial officer.
Q11: What information must an arrest warrant contain?
Warrants must specify: (1) Person's name and description, (2) Alleged offense, (3) Issuing court and date, (4) Executing authority, and (5) Production requirements within 24 hours.
Q12: Can warrants be executed at night?
Daytime execution is standard. Night execution requires specific judicial authorization based on demonstrated necessity, except for flagrant offenses or hot pursuit situations.
Q13: Has the law changed regarding call detail records (CDRs)?
Yes. The Supreme Court has mandated judicial authorization for CDR access, requiring warrants or court orders. Police can no longer obtain telecommunications data through administrative requests alone.
Q14: Are there special warrant procedures for cybercrime?
The Cyber Bureau follows specialized procedures under the Electronic Transactions Act 2008 and Criminal Procedure Code, including technical preservation orders and expedited judicial review for digital evidence.
Q15: How has the Criminal Procedure Code 2074 changed warrant procedures?
The Code has strengthened judicial oversight, clarified probable cause standards, mandated rights notifications, and established specific timeframes for production before courts, enhancing constitutional protections.
When facing warrant-related legal challenges in Nepal, Attorney Nepal PVT LTD provides unparalleled expertise:
Contact Attorney Nepal PVT LTD for immediate assistance with warrant matters, illegal arrest claims, or search and seizure challenges.
This blog post is provided for informational and educational purposes only and does not constitute legal advice. Laws and procedures regarding warrants in Nepal are subject to frequent amendments and judicial interpretation. While every effort has been made to ensure accuracy as of 2026, readers should consult with qualified legal professionals for specific guidance. Attorney Nepal PVT LTD assumes no liability for actions taken based on this information. For urgent legal matters involving arrest or search warrants, immediate consultation with licensed Nepali attorneys is strongly recommended.