Introduction
Jurisdiction in criminal matters refers to the authority of a court or legal body to hear and decide a criminal case. In Nepal, jurisdiction is a basic requirement for filing and proceeding with a criminal case. A court cannot decide a case if it does not have the proper authority over the subject matter, location, or people involved. Understanding jurisdiction is important because it helps determine where to file a case and which court will handle it.
Types of Jurisdiction
There are several types of jurisdiction in Nepal’s criminal justice system. The most common ones are territorial jurisdiction, subject matter jurisdiction, and pecuniary jurisdiction.
Territorial Jurisdiction means the geographical area within which a particular court can hear a case. For example, if a crime happens in Kathmandu, the Kathmandu District Court will generally have the authority to handle the case.
Subject Matter Jurisdiction refers to the power of a court to hear specific types of criminal cases. Some courts deal only with minor offenses while others handle serious crimes. For instance, the Special Court in Nepal has jurisdiction over corruption and money laundering cases.
Pecuniary Jurisdiction refers to the financial value involved in a case. Although this is more relevant in civil matters, in criminal cases, this may affect decisions about fines or compensation.
Jurisdiction Based on Court Levels
Nepal has a three-tier court system: District Courts, High Courts, and the Supreme Court. Each level has its own powers regarding criminal matters. District Courts are the primary courts for criminal cases. They handle most types of criminal offenses, including theft, assault, fraud, and even homicide. When someone is arrested or when the police file a charge sheet, the case is first taken to the District Court.
High Courts act as appellate courts. If a person is not satisfied with the decision of the District Court, they can appeal to the High Court. In some cases, the High Court may also have original jurisdiction — for example, in habeas corpus petitions or serious cases transferred from lower courts. The Supreme Court is the highest court in Nepal. It mainly hears appeals on legal or constitutional grounds from the High Court. It also has the power to review its own decisions and issue important writs like habeas corpus, mandamus, and certiorari.
Special Courts and Their Jurisdiction
Apart from regular courts, Nepal has a few special courts that deal with particular types of criminal offenses. The Special Court handles corruption, abuse of authority, and money laundering cases. It works under the authority of laws such as the Prevention of Corruption Act and the Money Laundering Prevention Act. Cases brought by the Commission for the Investigation of Abuse of Authority (CIAA) are mostly filed in this court.
Military Courts have jurisdiction over crimes committed by military personnel under military law. These courts operate separately from the civilian judicial system.
Jurisdiction Based on Place of Crime
The place where the crime occurs plays a key role in determining which court will hear the case. If a crime is committed in Pokhara, then generally the Pokhara District Court has jurisdiction. However, some crimes happen in more than one place. In such cases, the court where the first part of the crime occurred, or where the accused was caught, may have jurisdiction. For example, if someone commits fraud online while sitting in Chitwan but the victim is in Lalitpur, then both District Courts may have the authority to hear the case. The law allows the case to be filed in any one of those districts.
Jurisdiction in Cyber and Cross-border Crimes
With the rise of digital crimes, jurisdiction has become more complex. In cybercrime cases, the place where the criminal action was performed or where the impact was felt may decide jurisdiction. For instance, if a person in Nepal hacks a website hosted abroad, the cyber bureau of Nepal Police and the concerned District Court may still take up the case, depending on treaties or national laws.
Similarly, when crimes cross national borders — such as human trafficking, drug smuggling, or international fraud — Nepal’s courts may still exercise jurisdiction if Nepali citizens are involved or affected. Mutual legal assistance treaties (MLATs) and international cooperation help in such matters.
Importance of Jurisdiction
Jurisdiction is not just a technical rule. It ensures that cases are filed in the right court with proper authority. It also prevents confusion and helps deliver justice quickly. Without jurisdiction, any decision made by a court can be challenged and may even be declared void. For the victim, knowing the correct jurisdiction helps them reach the right authority. For the accused, it protects their rights from illegal or biased trials. For the court, jurisdiction ensures that justice is delivered within the boundaries of law.
Conclusion
In Nepal, jurisdiction in criminal matters is guided by the Criminal Procedure Code, court laws, and the Constitution. It helps decide which court should hear a criminal case based on geography, type of crime, and nature of the offender. Whether it’s a minor theft or a serious corruption case, the proper court must be approached. Jurisdiction is the first step in seeking justice. It helps avoid delay, confusion, and wrongful decisions. That’s why every lawyer, police officer, or citizen must have a basic understanding of how jurisdiction works in Nepal’s criminal law system.
