The first hours after arrest shape everything that follows. Know the 24-hour production rule, your right to counsel and silence, how remand works, and the exact steps to protect yourself — and what your family should do.
An arrest is a crisis measured in hours, not days. Under Nepali law, a person arrested for investigation must be produced before the adjudicating authority within 24 hours, excluding journey time — and every decision you make before that first production, especially what you say and to whom, can echo through the entire case. This guide explains the rules and the practical steps.
Your core rights from the first minute
The Constitution of Nepal, 2072 guarantees every arrested person the right to know the grounds of arrest, the right to consult a lawyer of choice, and protection against self-incrimination. You are required to identify yourself, but beyond that you have the right to remain silent until your advocate is present. Anything you say to police can be recorded and used — while a statement made without counsel is far harder to contain later.
Your family must be informed of the arrest promptly, and you should ask for that notification yourself if it has not happened. If you are hurt or unwell, ask for medical examination; the medical record created at custody stage matters later. Note the time of arrest, the names or badge numbers of the officers, and the police station you are taken to.
What police can and cannot do
After arrest, police may hold you for investigation — but only the court can extend detention beyond 24 hours. The investigating authority applies for remand through the government attorney, and the court may grant detention in slices of up to 25 days at a time, with one further extension of up to 15 days. Each remand hearing is a contestable event: the need for continued detention must be justified, not assumed.
Critically, detention is not mandatory. Under Section 15 of the Criminal Procedure Code, the investigating authority may release a detainee on bail or bond, on a reliable person's guarantee, or on recognizance to appear on appointed days (तारेख) — with the government attorney's consent. An outright refusal to register your complaint about police conduct, or to produce you in time, is unlawful and can be challenged before the court.
Practical steps for the arrested person
First, stay calm and identify yourself, then clearly state that you wish to consult your lawyer before answering questions. Second, memorise or request the essentials: grounds of arrest, FIR number if one exists, and the investigating officer's name. Third, sign nothing you have not read and understood — seizure memos, statements and recognizance deeds all carry legal weight. Fourth, keep track of the 24-hour clock from the moment of arrest.
Practical steps for the family
Contact a criminal advocate immediately — the first remand hearing often happens within a day, and preparation cannot wait. Gather citizenship copies, address proof and contact details of two reliable persons who could stand as sureties. Preserve any evidence connected to the allegation (messages, receipts, CCTV references) and write down your own timeline while it is fresh. Do not attempt to negotiate with the complainant through pressure; lawful compromise channels exist later through counsel.
How courts supervise custody
Nepali courts take unlawful detention seriously. The High Courts (Constitution, Art. 144) and the Supreme Court (Art. 133) exercise habeas corpus jurisdiction, and courts have repeatedly set liberty where remand was sought mechanically or the 24-hour rule was breached. Remand orders must record reasons — a rubber-stamp remand is itself a ground for challenge.
If you cannot afford a lawyer, free legal aid is available under the Legal Aid Act, 2054 through district committees and Nepal Bar Association centres. Custody is frightening, but it is also rule-bound — and every rule is a protection if it is invoked in time.
Key takeaways
- Production before court within 24 hours (excluding travel) is mandatory
- Right to counsel, silence, and knowledge of arrest grounds from minute one
- Remand max 25 days at a time, plus one 15-day extension — each hearing contestable
- Release on bail, bond, guarantee or तारेख is available during investigation
General information for public awareness — not legal advice for your specific situation. Consult an advocate →
Frequently asked questions
Can police question me without my lawyer present?
Police may ask you to identify yourself, but you have a constitutional right to consult counsel before answering substantive questions. Clearly invoke it and wait for your advocate.
What if police refuse to register my complaint?
Refusal to register an FIR is unlawful. Escalate to senior officers in writing with a stamped copy, and ultimately the court can order registration and investigation.
How long can I be kept before seeing a judge?
24 hours excluding journey time. Beyond that, only a court-ordered remand authorises detention — up to 25 days at a time, extendable once by up to 15 days.
References
- National Criminal Procedure (Code) Act, 2074, Ch. 2 (Secs. 13–15) — Nepal Law Commission
- Constitution of Nepal, 2072, Arts. 20, 133, 144
- Legal Aid Act, 2054 — free legal aid provisions
Verify current wording and commencement at the Nepal Law Commission (lawcommission.gov.np) before relying on any provision. Reviewed by a Nepal-qualified advocate in December 2026.