The justice system does not end when a criminal is found guilty. The final and most important part of criminal justice is the enforcement of the judgment. Without proper enforcement, a judgment remains just a piece of paper. In Nepal, enforcing criminal judgments means making sure that punishments, fines, compensation, or other court orders are properly carried out. This process is essential for victims, for the credibility of the justice system, and for the rule of law in the country.
When a court delivers a criminal judgment, it declares whether the accused is guilty or not. If guilty, the court imposes a punishment. This could include imprisonment, a fine, or both. In some cases, the court may also order the convicted person to pay compensation to the victim. The process of enforcement begins right after the judgment is final. A final judgment means either the person did not appeal within the time allowed or the final appeal has already been decided. Once the judgment is final, it becomes the responsibility of certain authorities to ensure that the orders are carried out.
In Nepal, District Courts, High Courts, and the Supreme Court can pass criminal judgments. The enforcement of these judgments is handled by government agencies. Mainly, the Office of the Government Attorney, District Police Office, and the Department of Prison Management work together for this purpose. When the court orders imprisonment, the convict is sent to prison through the police. If the court orders a fine, the concerned authority must collect the fine. If the person cannot pay, the court may convert the fine into additional jail time. This is clearly stated in the National Penal Code and the Criminal Procedure Code of Nepal.
One of the most common types of criminal punishment in Nepal is imprisonment. When a person is sentenced to jail, the police are given the responsibility to arrest the convict, if they are not already in custody. After the arrest, the convict is sent to the appropriate prison. The Department of Prison Management then keeps records of the sentence and ensures the prisoner serves the time as ordered. The prison system must also inform the court if there is any issue with carrying out the sentence. If the prisoner escapes, the police must locate and re-arrest the person. If the sentence includes parole or reduction for good behavior, those provisions are also handled by the prison administration based on rules.
In cases where a fine is imposed, the person must deposit the amount in the government’s revenue account. The court gives a deadline for the payment. If the person fails to pay within the given time, the court can issue a warrant to seize their property. If the fine still cannot be recovered, the law allows for imprisonment in place of fine, calculated based on the amount unpaid. This ensures that people cannot simply escape punishment by avoiding financial penalties.
Sometimes, the court also orders compensation to the victim. This is especially common in cases of assault, rape, theft, and other crimes where the victim has suffered loss or damage. The judgment may include a clear amount to be paid. If the convicted person fails to pay, the court can enforce the compensation by seizing property or deducting the amount from other payments the person is supposed to receive. Victim compensation is an important part of restorative justice, and Nepal’s laws increasingly recognize the victim’s right to get justice in both legal and financial terms.
Another important aspect of criminal judgment enforcement in Nepal is the coordination between courts and police offices. The court does not enforce the judgment on its own. It issues orders, called “tippani”, to the police and local administration. These orders include arrest warrants, custody notices, fine recovery instructions, and property seizure orders. The police must act based on these court orders. If they fail to act, the court can seek explanation and even initiate action for contempt of court. Therefore, timely and proper coordination is key to enforcement.
Enforcement of criminal judgments also includes supervision and review. Courts have the power to supervise whether their orders have been executed. In some cases, lawyers or victims can file a petition asking the court to explain delays or inaction. The Office of the Attorney General and the Judicial Council may also inspect how criminal cases are being handled, especially in serious or sensitive matters. If someone obstructs enforcement i.e. by hiding a convict or giving false information, they can be punished under contempt of court laws or obstruction of justice provisions in the Penal Code.
There are also special challenges in enforcing criminal judgments. For example, when the convict absconds or flees abroad, it becomes very difficult to enforce the punishment. Nepal does not have strong extradition agreements with many countries, which makes it hard to bring back criminals hiding in foreign nations. In such cases, the court may issue an Interpol red notice, but this takes time and international coordination. Similarly, when the convict is influential or politically connected, local police may hesitate to act, which delays justice and affects public trust in the legal system.
The victims of crime often suffer the most when criminal judgments are not enforced. They feel helpless, ignored, and unsafe. When the convict walks free even after the judgment, it encourages impunity. It sends a dangerous message to society that laws can be broken without consequence. That is why enforcement is not just a technical process. It is a core part of justice. Without enforcement, the legal system fails to protect the weak and punish the guilty.
To improve enforcement, Nepal needs several reforms. First, the system must be digitized and unified so that all criminal judgments are recorded, tracked, and monitored from one platform. Second, there should be clear timelines and accountability mechanisms for police and local authorities to carry out court orders. Third, more training should be given to officials who handle enforcement, especially in rural areas. Fourth, victims should be informed about their rights and about the progress of enforcement. Lastly, political interference in criminal justice must be stopped.
In recent years, Nepal has made some progress. The new Penal Code and Criminal Procedure Code, enforced since 2018, provide detailed rules on sentencing and execution. The government has also begun building modern prison facilities and introduced reforms in parole and probation. The Supreme Court has given directives to enforce old pending judgments and reduce case backlogs. However, there is still a long way to go before people feel that judgments truly result in justice.
In conclusion, enforcement of criminal judgments is the final and most critical step in the justice process. Without it, everything that happens in the court is meaningless. In Nepal, while laws and systems are in place, weak coordination, lack of awareness, and political factors often create barriers. It is the duty of the state to ensure that every criminal judgment is respected and carried out. Only then can justice be truly delivered. For the people to trust the legal system, the state must show that crime does not pay, and that every wrong has a consequence.
