Nepal Defamation Laws: Civil, Criminal & Defences

Defamation in Nepal is both a crime and a civil wrong. The National Penal (Code) Act, 2017 punishes slander (section 305) and libel (sections 306 to 307), the Electronic Transactions Act, 2008 adds penalties for online publication, and the National Civil Code, 2017 allows a claim for compensation.

Is defamation civil or criminal in Nepal?

Defamation in Nepal is both criminal and civil. The criminal offences are in the National Penal (Code) Act, 2017 (the Muluki Criminal Code), in the chapter on offences relating to defamation. Section 305 criminalises slander and sections 306 to 307 criminalise libel, with section 308 setting the time limit. The court can order the offender to pay compensation and litigation costs to the victim as part of the criminal case. Separately, the National Civil Code, 2017 (the Muluki Civil Code) recognises civil wrongs, including defamation, in its provisions on tort and compensation, so a victim can pursue a civil claim for damages. There is also a distinct online route: section 47 of the Electronic Transactions Act, 2008 penalises the publication of illegal material in electronic form. A person harmed by a defamatory statement in Nepal can therefore use the criminal route, the civil route, or the cyber-law route depending on the facts.

What counts as defamation?

The Penal Code separates spoken and written defamation. Under section 305, slander is committed by a person who uses degrading words, spoken or otherwise communicated, with the intention of lowering another person's reputation. Under section 306, libel is committed by, among other things, words in writing, conduct, signs, visible representation, publicity or other means that damage another's character by an imputation that, directly or indirectly, lowers their personal or moral character, conduct or reputation in the estimation of others, made with intent to harm or with reasonable belief that it will harm the reputation. Section 306 also covers imputations against a deceased person that would harm their reputation if living and are intended to hurt the feelings of close relatives, and imputations expressed ironically or as an alternative. The conduct must be aimed at lowering reputation, which is the harm the law protects.

Criminal defamation: penalties

The Penal Code sets the penalties for slander and libel, with an uplift for electronic or mass-media publication. The table summarises the position.

Watch out: Section 307 also empowers the court, on conviction, to order the offender to pay reasonable compensation to the defamed person, set having regard to the gravity of the offence, the effect on reputation and whether mass or electronic media was used, plus litigation costs. A criminal case can therefore deliver both punishment and a monetary award.

What defences are available?

Section 306 itself lists conduct that does not amount to libel, which functions as a set of defences. These include publishing or broadcasting something true about a person, with supporting evidence, for the public good; publishing in good faith and decently anything about a public servant's conduct in the discharge of public functions, so far as it concerns their character as shown by that conduct; expressing in good faith an opinion about a person's public conduct or office; expressing in good faith and decently an opinion on the merits of a performance the author has submitted to the public; passing good-faith censure on someone over whom one has lawful or contractual authority; investigating or lawfully accusing a person of an offence; and cautioning a person against another for their benefit or the public benefit. The common thread is truth for the public good and honest, decent, good-faith comment, especially on matters of public conduct.

Remedies and damages

A criminal conviction can result in imprisonment or a fine within the limits in sections 305 and 307, and the court can additionally order the offender to pay compensation and litigation costs to the victim under section 307. Where the victim of libel is deceased, the compensation and costs are ordered to be paid to the near successor whose feelings were hurt. Separately, the National Civil Code, 2017 provides a civil route: its provisions on tort and compensation allow a person harmed by defamation to claim damages, and the civil and criminal routes can run in parallel. There is no fixed statutory cap on civil damages in the general tort provisions; the amount reflects the harm shown.

Limitation period

The time limit for criminal defamation is short. Section 308 of the Penal Code provides that no complaint shall lie after the expiry of three months from the date of knowledge of the commission of any offence under the defamation chapter. This three-month window runs from when the victim learns of the offence, so prompt action is essential, and a complaint filed after the period has expired is liable to be rejected as time-barred. For a civil claim under the National Civil Code, different limitation rules apply to tort actions, so a victim considering the civil route should obtain advice on the applicable period rather than assume the three-month criminal deadline governs. The short criminal limitation period is one of the most important practical features of Nepali defamation law.

Online defamation and how to sue

Online defamation in Nepal can be addressed in two ways. First, the Penal Code applies: section 307 imposes an additional penalty of up to one year imprisonment or up to NPR 10,000 fine where libel is committed through electronic or mass communication. Second, and significantly, section 47 of the Electronic Transactions Act, 2008 penalises the publication in electronic form of material that is illegal, including content contrary to public morality or that spreads hatred, with imprisonment of up to five years and a fine of up to NPR 100,000. Section 47 has been used widely against online posts, and the Supreme Court of Nepal has acted to restrain its misuse against legitimate expression. To pursue a claim, a victim generally files a criminal complaint within the three-month period (for the Penal Code offences), or a cyber case under the Electronic Transactions Act, while a civil damages claim is brought under the National Civil Code.