Introduction
In criminal law, the statute of limitation means the time limit within which a case must be filed. If the case is not filed within that time, it becomes legally invalid. Nepal’s Penal Code and Criminal Procedure Code clearly mention these time limits. This rule helps ensure timely justice and protects people from unfair, delayed prosecution. Different crimes have different limitation periods depending on their nature and seriousness.
Purpose of Statute of Limitation
The main goal of limitation is fairness. Over time, evidence disappears. Witnesses forget or become unavailable. The legal system assumes that if someone was harmed, they will seek justice within a reasonable time. That is why the law sets deadlines. It encourages both victims and the police to act quickly. It also protects the accused from being harassed by very old complaints.
General Legal Provision in Nepal
In Nepal, the limitation periods are mentioned in the National Penal Code, 2074 (2017) and the National Criminal Procedure Code, 2074. The limitation period starts from the date when the offense is committed or when the victim becomes aware of the offense. For example, if someone is assaulted, the time starts ticking from the date of the incident. But in some cases, especially involving children or hidden crimes, the time starts when the crime becomes known to the victim or guardian.
No Limitation for Grave Offenses
Some crimes are so serious that the law does not set any limitation at all. For example, murder, rape, human trafficking, and terrorism have no limitation period in Nepal. That means a person can be prosecuted for these crimes at any time—even after 10, 20, or 50 years. These offenses are seen as crimes not just against individuals but against society as a whole. The law treats them as timeless because of their gravity.
Cases of sexual violence
In cases of sexual violence against women or children, the limitation period has been revised in recent years. Earlier, victims of rape had to file complaints within 35 days, which caused injustice. Many victims stayed silent due to fear and social pressure. Now, under the Penal Code, rape victims can file complaints within one year. For children, the limitation period starts only after they become adults. This is a major change to support justice for survivors.
Extension of Limitation in Some Cases
In special cases, the court may allow some flexibility. For example, if the victim was in a coma, seriously ill, or mentally unfit, the limitation may be extended. Also, if the victim is a child or disabled person and there is no guardian, the time may be paused until someone can represent them. It understands that justice must also consider the situation of the victim.
Who Monitors the Limitation?
Police and public prosecutors check whether the limitation period is over before registering a criminal case. If the time has expired, the court will reject the complaint, even if the crime really happened. That is why it is important to know the law and act fast. Victims must report crimes as soon as possible. Delay can mean loss of legal right. Lawyers, NGOs, and legal aid centers can help victims understand how much time they have.
Real-World Challenges
Even though the law provides clear time limits, many victims in Nepal still don’t file complaints on time. The reasons include fear, lack of legal knowledge, and poor access to justice. This is common in rural areas and among women and children.
Conclusion
The statute of limitation in criminal cases ensures quick justice and legal certainty. In Nepal, different crimes have different time frames. Some crimes have strict deadlines, while others, especially grave crimes like murder and rape, have no limit at all. The law tries to balance the rights of the victim with the fairness owed to the accused. To get justice, victims must act within the time the law allows.
