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“I just wanted to become a mechanic,” said Uma Shankar Rayabhar, a 24-year-old man from Bara district. Instead, he spent nearly a year in jail for a crime he didn’t understand—and likely didn’t commit. Rayabhar was detained for 11 months after being falsely implicated in a massive tax fraud. Unable to afford Rs 7.5m bail set by the Patan High Court, he sat in prison while the real masterminds disappeared. Only after legal activists and the Supreme Court intervened did he secure his freedom—on a drastically reduced bail of Rs 25,000.

In a justice system built on the principle of “innocent until proven guilty,” stories like Rayabhar’s should not exist—yet they do, and in alarming numbers. His story is not an exception but a mirror reflecting Nepal’s deeper crisis: pretrial detention that punishes poverty, not guilt. Nepal’s pretrial detention regime has quietly become one of the most underrated human rights crises of our time. It’s time to ask: Is our justice system choosing jail when bail would suffice?

Nepal’s prisons are bursting not with convicted criminals but with pre-trial detainees. Over 50 percent of inmates in Nepal’s prison system are in pretrial detention—awaiting trial, without a conviction, presumed innocent by law but treated otherwise in practice.

Pretrial detention refers to the practice of holding individuals in custody before their trial, often due to the inability to secure bail. Nepal faces this issue because of inadequate legal representation, excessive cases and socio-economic disparities. In a country like ours, pretrial detention has become a tool of punishment even before any proof, especially for backward, poor and marginalized groups. 

Despite Nepal’s constitutional guarantees and various international obligations, this issue has been rising. Many of these detainees suffer for years without any formal charges, adequate legal aid and in some cases without a court hearing. While pretrial detention was intended as a temporary measure to ensure the appearance of accused individuals at trial, the practice has become a significant human rights concern, disproportionately affecting marginalized communities and undermining the principles of justice. 

What the law says?

Pretrial detention in Nepal is primarily regulated under a combination of constitutional guarantees, criminal procedural laws, and judicial discretion. Article 16 and 17 (Right to live with dignity and Right to freedom) of Constitution of Nepal (2015) has mentioned that ‘every person has right to live with dignity and personal freedom. No one shall be deprived of liberty except in accordance with the law. Also, Article 20 (Rights relating to justice) has mentioned about ‘presumption of innocence until proven guilty’, right to fair trial, right to consult a legal practitioner and right to legal aid. The Criminal Procedure Code, 2074 governs arrest, investigation, bail, and trial proceedings. Section 67 (To hold the accused in detention) states ‘A court can order the release of the accused on bail, guarantee, or personal recognizance, also the law gives judges broad discretion in setting bail conditions based on gravity of the offence, possibility of the accused fleeing or tampering with evidence and the economic status of the accused. 

Also, Section 68 (Conditions for Pretrial Detention) states, ‘If the court finds the accused likely to abscond, commit another offense, or destroy evidence, it can order detention. And Judges may also deny bail in offenses punishable by more than 3 years. The Criminal Code, 2074 has mentioned that ‘serious charges like murder, rape, organized crime, tax fraud usually lead to denial of bail. Legal Aid Act, 2054, provides for free legal counsel to indigent defendants.

While various laws regulate Pretrial detention in Nepal, the execution is poor. It’s still limited only in the letters of law.  

Detained without trial—When time becomes the sentence

In Nepal, laws often collapse in practice. The practice of holding individuals in custody for extended periods without charging them with a crime or giving them a trial makes it miserable to the people. Thousands of individuals—many of them poor, illiterate, or from indigenous or marginalized communities are held behind bars for months or even years without a single day in court. For these detainees, the very act of being arrested can result in long-term imprisonment before any formal conviction, turning time itself into an unofficial sentence. This is often done to neglect formal legal proceedings.  

According to the social or economic background of the accused, the legal system of Nepal is determined. There can be delays, discretionary decisions just based on individual status. The time spent detained itself becomes the punishment, violating fundamental rights to due process and a fair trial. The consequences are severe: people lose jobs, families are disrupted, mental health collapse, and reputations are destroyed—all before a judge has decided. In this system, time becomes the sentence, and the mere accusation, rather than evidence, is enough to lock someone away.

What needs to change?

Nepal’s jails are operating at nearly 200 percent more than its capacity. Inmates lack proper food, hygiene, or medical care—violating basic human dignity. If Nepal can increase the use of bail, especially for non-violent offenses, and simplify the bail process, there’s a high chance of maintaining the prison system and fulfilling basic rights of prisoners. Moreover, there is lack of adequate legal representation for defendants which makes pretrial detention more complex. The judicial body should provide free and effective legal representation to the needy ones regardless of their socio-economic background. Legal aid programs could be expanded to ensure that all individuals who are facing charges know or understand about their rights, to have free legal aids. This would help ensure effective advocacy for their rights. 

On the other hand, public awareness is crucial for addressing stigma surrounding pretrial detention and bail. Different campaigns and programs should be conducted to advocate about rights of defendants, to foster a more compassionate society. This shift in public perception could lead to greater support for reforms aimed at reducing pretrial detention and promoting justice. Furthermore, we should explore different alternative measures to incarceration. Measures like electronic or digital monitoring or regular check-ins should be in cooperation. These measures would help both individuals and the governmental bodies to reduce the burden on the prison system.

The demand for reform is clear as Nepal continues to negotiate the complexity of its legal system: it is time to reconsider pretrial detention and give justice for all top priority.

Muskan Karmacharya

BA LLB 4th Year

Kathmandu School of Law

Floods triggered by torrential rainfall wreaked havoc in Jhapa this year.

More than 12,000 people from around 3,500 households have been displaced this year due to floods.

The Kankai Mai and Mechi rivers crossed the danger level on Saturday and Sunday.

According to the Department of Hydrology and Meteorology, the water level in the Kankai river had reached 5.61 meters.

Kankai river’s alert level is 3.8 meters and the danger level is 4.3 meters.

Lokraj Dhakal, President of Nepal Red Cross Society Jhapa, said that the water level of Kankai river had reached 5.4 meters in 2017, and this year it has exceeded that level, causing a huge damage.

Similarly, the water level of the Mechi river had reached 114.84 meters.

The alert level of the Mechi river is 113.8 meters and the danger level is 114.3 meters.

Hundreds of houses have been submerged as the floodwaters of the Kankai Mai gushed into the settlements.

More than 6,000 people from around 1,500 households in wards 1, 2 and 7 of Jhapa Rural Municipality have been displaced. They have been relocated to safer places.

DSP Khagendra Bahadur Khadka of the District Police Office, Jhapa, said that a person has been found dead so far.

The water level of the Saptakoshi river has gradually decreased today as torrential rainfall stopped in the region. 

Superintendent of the Armed Police Force Nepal, Nirmal Thapa, said that the water flow at the Koshi Barrage was 435,305 cubic meters per second at 6 in the morning today.

The water flow had exceeded 533,500 cubic meters per second last night.

Now, the water level in the river is on the decreasing trend. Currently, all 56 gates have been opened, said Thapa.

Continuous monitoring of the river's water level is currently in progress.

It is said that a red light has been activated at the Koshi Barrage as a warning signal, and red flags have been installed as a signal of risk, as the water level has surpassed the risk level.

Prime Minister Sushila Karki has expressed sorrow over the loss of lives and properties in Ilam district and other areas of the country following the heavy rainfall on Friday and Saturday.

Taking to her social sites last evening, the PM has expressed heartfelt condolences to those who lost their lives in the disasters, and sympathies to the bereaved families.

The PM has shared her appreciation to all who were deployed for rescue and relief operations during the time of crisis.

"The patience and support shown by the Nepali people during the time of crisis are praiseworthy. For this, I would like to thank all from my heart," PM Karki mentioned.

PM Karki has also stated that the relief distributions are going on in the disaster-hit areas.

The impacts of monsoon wind are still in existence across the country today. According to the Department of Hydrology and Meteorology, the weather is likely to remain generally cloudy in Koshi, Lumbini, Karnali and Sudurpaschim Provinces and partly cloudy in other provinces.

Likewise, there are chances of moderate rain along with thunderstorms in some parts of Koshi, Bagmati, Lumbini, Karnali and Sudurpaschim Provinces, and hilly and tarai areas of the other provinces.

The Department shared that there will be generally cloudy weather in Koshi, Lumbini, Karnali and Sudurpaschim Provinces and partly cloudy in remaining provinces of the country tonight.            

The Department has forecasted the chances of moderate rain along with thunderstorms in some parts of Karnali and Sudurpaschim Provinces tonight.

Hindus across the country are observing the Kojagrat Poornima (full moon day) today as part of the final day of the 15-day Bada Dashain festival by worshipping and paying homage to Mahalaxmi, the goddess of wealth and prosperity.

The Bada Dashain festival formally ends today with the marking of the Kojagrat Poornima--devotees offering worship to Mahalaxmi at their homes in the evening, and keeping vigil the whole night.

There is a belief that the goddess Mahalaxmi takes a trip around the world on the night of Kojagrat Poornima 'to check as to who is observing the vigil on this particular night'.

As per this belief, the goddess of wealth blesses the people who are found observing the overnight vigil.

Since the ritual of giving and receiving Tika and Jamara of the Dashain festival also concludes on this day, the Jamara that is sprouted and anointed at the Dashainghar and Kot on the day of Ghatasthapana is disposed of in ponds, rivers and holy places as per the religious tradition.

Kathmandu Metropolitan City has relocated 393 people to safer locations after continuous rainfall triggered flooding along riversides in the Valley.

Mayor Balen Shah said those at risk have been shifted to four schools designated as temporary shelters. According to him, 70 people have been accommodated at Bishwo Niketan Secondary School in Tripureshwar, 52 at Guhyeshwari Secondary School, 251 people from 52 families at Jana Bikash Secondary School in Kuleshwar, and 20 at Mahendra Saraswati Basic School in Teku.

The city’s Education Department informed that up to 70 schools within the metropolitan area can be used as emergency shelters if needed. Kathmandu Metropolitan City is also managing food and accommodation for the rescued families.

The metropolis has urged residents to contact the helplines 16600105511, 01-5901764, and 01-5901763 in case of emergencies.

Israeli bombing of Gaza City has “significantly subsided” though at least five Palestinians were killed, a hospital official said Saturday, as Israel’s army said the country’s leaders had instructed it to prepare for the first phase of the US plan to end the war in Gaza.

Israel has moved to a defensive-only position in Gaza and will not actively strike, said an official who was not authorized to speak to the media on the record. The official said no forces have been removed from the territory.

Still, Shifa Hospital director Mohamed Abu Selmiyah told the AP that Israeli strikes killed five Palestinians across Gaza City, while bombing had “significantly subsided.”

The army statement came hours after President Donald Trump ordered Israel to stop bombing Gaza once Hamas said it had accepted some elements of his plan. Trump welcomed the Hamas statement but on Saturday warned that “Hamas must move quickly, or else all bets will be off.” He noted that Israel had “temporarily stopped the bombing.”

Trump appears determined to deliver on pledges to end the war and return all hostages ahead of the second anniversary on Tuesday of the attack that sparked it. His proposal unveiled earlier this week has widespread international support.

On Friday, Israeli Prime Minister Benjamin Netanyahu’s office said Israel was committed to ending the war that began when Hamas attacked Israel on 7 Oct 2023. Netanyahu is under increasing pressure to end the conflict. The official told the AP that Netanyahu put out the rare late-night statement on the Sabbath, saying that Israel has started to prepare for Trump’s plan due to pressure from the US.

The official also said a negotiating team was getting ready to travel, but there was no date specified.

A senior Egyptian official said US envoy Steve Witkoff will travel to Egypt to head the US negotiating team in the talks to release the Israeli hostages in exchange for Palestinians in Israeli detention. Delegations from Israel and Hamas will join the talks, which also will discuss maps showing the expected withdrawal of Israeli forces from certain areas in Gaza, said the official who spoke on condition of anonymity because he wasn’t authorized to brief the media.

The official involved in the ceasefire negotiations also said Arab mediators are preparing for a comprehensive dialogue among Palestinians aimed at unifying their position toward Gaza’s future. The Palestinian Islamic Jihad, the second most powerful militant group in Gaza, said it accepted Hamas’ response to the Trump plan. The group had rejected the proposal days earlier.

AP