Narcotics (Control) Act, 2033 BS
19. Power to withhold prosecution or remit punishment : If a person is found to have purchased or possessed
cannabis/ marijuana or medicinal opium, without commercial motive and in small quantity, or has consumed only
small dose of such drug and if he/she has committed such offence for the first time, the Narcotic Drugs Control
Officer may, after keeping a record of such person, make him/her sign a bond undertaking not to commit such offence
again and release him/her after recording the reasons for withholding the prosecutions. Even where the prosecution
has already been started, the court may, if it deems the offence to be of petty nature and if the accused has committed
such offence for the first time, after keeping a record of such person, make him/her sign a bond undertaking not to
commit such offence again and release him/her without awarding any punishment.
Muluki Ain (General Code) 2020 BS
Chapter 2 : On Punishment
Number 11A.170 Where the punishment of imprisonment has been imposed for causing dismissal of a case and
money is paid in consideration for such
imprisonment at the rate of Twenty Five Rupees171 for a day of such imprisonment, it is not required to serve the
punishment of imprisonment. If money is paid, it shall be received and the record of imprisonment crossed
off.............................1
Notwithstanding anything contained in Number 11 of this Chapter, a person who commits an offense punishable
by imprisonment for a term of less than Three years is held liable to the punishment of imprisonment and the office
does not consider it appropriate to hold such person in imprisonment owing to the fact that he or she has committed
the offence for the first time, the office may specify the amount to be set by Twenty Five Rupees172 for One day and
so pass judgment that such person will not be required to serve the sentence of imprisonment if he or she pays the
amount so specified. If the money is so paid by the offender, it shall be received and the record of imprisonment shall
be crossed off..............................2
In so passing a judgment as to allow the payment of money in consideration for imprisonment pursuant to
Section 2 above, the office shall cause the offender to execute a deed promising that he or she will not commit any
kind of such offence again and will observe a good conduct; and if the offender commits any offense punishable
by imprisonment within Three years after that date, the offender shall be liable to punishment also consisting
of the sentence of imprisonment imposed on him or her pursuant to the old judgment, and the office may pass an order
to return the money paid in consideration for the imprisonment pursuant to the old judgment............................3
Chapter On theft (Muluki Ain)
Number 12. In a general theft, except in robbery, Rahajani, forcible theft and burglary, each offender shall
be liable to a fine equal to the total amount in question; and he or she shall be liable to the
punishment of imprisonment for a term of One month for committing the offence for the
first time, Three months for the second time, Six months for the third time, One year for
the fourth time, two years for the fifth time, Four years for the sixth time and Six years for
more than Six times, accordingly.
