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Bail, Arrest & Detention

Freedom first — challenging custody from hour one.

Overview

Anyone arrested in Nepal must be produced before the adjudicating authority within 24 hours, excluding travel time. Detention beyond that needs a court remand — granted in slices of up to 25 days at a time, plus a possible further 15 days. Every one of those hearings is a chance to win liberty, and we treat each as the most important day of the case.

Release can take several forms: bail or bond (धरौटी), a guarantee from a reliable person, or recognizance to appear on appointed days (तारेख). The investigating authority itself may release a detainee with the government attorney's consent — so bail advocacy starts at the police station, not just in court.

Bail, Arrest & Detention

Legal framework

The Nepalese laws that govern this area — what each one does in your matter.

Criminal Procedure Code, 2074 (Sec. 14–15)

24-hour production rule; remand up to 25 days at a time plus a further 15 days; release on bail, bond, guarantee or recognizance where continued detention is unnecessary.

Release on bail / bond / guarantee / recognizance

Constitution of Nepal, 2072

Right against preventive detention except as provided by law; right to consult a lawyer; habeas corpus under Articles 133 (Supreme Court) and 144 (High Court) against unlawful detention.

Habeas corpus for unlawful detention

Children's Act, 2075

Children in conflict with law are not detained during trial as a rule — observation is capped at 21 days in slices of 5, and trial generally proceeds with the child entrusted to family.

No detention during trial · diversion options

Legal Aid Act, 2054

Detainees who cannot afford counsel may qualify for free legal aid through district committees and Nepal Bar Association centres.

Free counsel for those who qualify

How we handle it

  1. Custody verification

    We confirm the time and grounds of arrest and check the 24-hour clock — any lapse is itself a ground for release.

  2. Remand opposition

    At each remand hearing we argue the investigation does not require detention and offer bail, surety or recognizance.

  3. Bail application

    A reasoned bail plea with sureties, address proof and roots in the community — filed at the earliest maintainable stage.

  4. Habeas corpus, if needed

    Where detention is unlawful or remand is abused, we move the High Court or Supreme Court for habeas corpus.

  5. Compliance & तारेख

    After release, we diary every appearance date so liberty is never lost to a missed तारेख.

Punishments at stake

This service is about liberty, not punishment — but note that jumping bail or missing recognizance dates can lead to re-arrest and custody through trial, so compliance is part of the strategy.

Common questions

How long can police keep someone before court?

24 hours excluding journey time. After that, only a court-ordered remand keeps a person in detention — maximum 25 days at a time, extendable once by up to 15 days.

Is bail available in all offences?

Bail, bond, guarantee or recognizance is available in a wide range of cases at the discretion of the authority or court. Heinous offences carrying life imprisonment are the hardest — but even there, unlawful detention can be challenged.

What if the family cannot afford a lawyer?

Free legal aid is available under the Legal Aid Act, 2054 for those meeting the criteria. Our detention helpline can also guide families to the right committee immediately.

General legal information for public awareness — not legal advice for your specific situation. Consult an advocate →

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+977-9851275940info@rmlaw.com.np