Nepal – Sexual Conduct Law
Criminal provisions, penalties, cultural norms, and historical practices
📜 Penalties at a Glance – Nepal
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (Muluki Criminal Code 2017 s.219) | 7 years | 20 years |
| Child Rape (under 10) | 10 years | Life imprisonment |
| Sex with Minor under 18 | 1 year | 10 years |
| Prostitution (sex work) | Fine | 1 year |
| Human Trafficking | 10 years | 20 years + confiscation |
| Public Indecency | Fine | 1 year |
Overview
Nepal’s sexual conduct laws are codified in the Muluki Criminal Code (2017, replacing the old Muluki Ain). They criminalise non-consensual acts, protect minors, outlaw commercial sex, and reflect Nepal’s conservative social norms. Police enforce laws strictly in cases involving minors and trafficking.
Age of Consent
The age of consent is 18 years. Any sexual act with a person under 18, even if consensual, is punishable as rape or child sexual abuse.
Key Provisions & Punishments
- Rape: 7–20 years; life if the victim is a child under 10.
- Attempted Rape: Half of full penalty.
- Sex with Minor: Treated as statutory rape, up to 10 years.
- Sex Work: Illegal; both worker and client can face fines and jail.
- Human Trafficking: Harsh sentences, reflecting Nepal’s trafficking crisis.
- Homosexuality: Decriminalised in 2007; Nepal recognises a third gender and permits same-sex relationships, but no marriage yet.
Public Decency Laws
Police can arrest couples for “indecent behaviour” in public places, including kissing or intimate touching. Such charges usually result in fines or short detention but are socially embarrassing.
Historical Context
Historically, the Muluki Ain (1854) enforced caste-based morality. Adultery, extramarital sex, and homosexuality were criminal offences, sometimes punished by public humiliation or expulsion from caste. In rural areas, traditional shunning and forced marriages were used as punishment. These older sanctions, though unofficial, still occur in some villages.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Nepal | 18 | 7–20 years; life if child | Illegal | Legal since 2007 |
| India | 18 | 7–life | Illegal | Legal since 2018 |
| Bhutan | 18 | 10–life | Illegal | Legal since 2021 |
| China | 14 | 3–10 years; death for aggravated | Illegal (tolerated underground) | Legal |
Age of Consent
The age of consent is 18 years. Any sexual act with a person under 18, even if consensual, is punishable as rape or child sexual abuse.
Penalties by Age Group
| Victim Age | Legal Treatment | Penalty Range |
|---|---|---|
| Under 10 | Child rape (strict liability) | 10 years – Life imprisonment |
| 10–14 | Statutory rape | 7 – 14 years |
| 14–18 | Statutory rape (consent invalid) | 1 – 10 years |
| 18+ | Consent valid (unless coercion/force) | Normal rape laws apply: 7 – 20 years |
🚫 Common Tourist Mistakes
- Believing consent under 18 is valid — it is always statutory rape.
- Visiting “massage parlours” or red-light areas — these are illegal and police conduct raids.
- Kissing or hugging in public — may result in indecency charges.
- Engaging with underage sex workers — strict liability, long prison terms.
- Not realising deportation follows conviction for foreigners.
Insider & Academic Commentary
“In Nepal, consent under 18 does not exist legally. Foreigners often underestimate the seriousness of this.” — Kathmandu lawyer
“Sex work is deeply underground; police raids often target clients as much as workers.” — NGO worker, Thamel
References
Nepal Law Commission. (2017). Muluki Criminal Code.
Human Rights Watch. (2011). Between a Rock and a Hard Place: Nepal’s Legal System and Women.
UNDP. (2014). Legal gender recognition in Nepal.
Amnesty International. (2020). Nepal: Sex work and human trafficking.