Defamation Libel and Slander Act, 2016 (1959) Nepal

Libel and Slander Act, 2016 (1959)

Date of Authentication Date of publication in Nepal Gazette

2016.3.14 (28 June 1959) 2016.3.15 (29 June 1959)

Amendments, Date of authentication and

publication in Nepal Gazette

1. Libel and Slander (First Amendment)

Act, 2037(1980) 2037.5.26 (7 September 1980)

2. Some Nepal Acts (Amendment) Act,

2039(1982) 2039.5.3 (19 August 1982)

3. Some Nepal Acts Amendment Act,

2055(1999) 2055.10.7 (21 January 1999)

4. Republic Strengthening and Some Nepal

Laws Amendment Act, 2066 (2010) 2066.10.7 (21 January 2010)

Act Number 10 of the Year 2016 (1959)

An Act Made to Provide for Punishment for

Offences of Libel and Slander

Preamble: Whereas, it is expedient to provide for punishment for the

offences of libel and slander for safeguarding the right of people generally to

maintain their prestige, honor and dignity;

Now, therefore, be it enacted by His Majesty on the advice of the Council of

Ministers.

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1. Short Title, Extent and Commencement: (1) This Act may be

called as the "Libel and Slander Act, 2016 (1959)".

(2) This Act shall commence immediately.

(3) This Act shall extend throughout ……..1 Nepal, and apply to

all citizens of Nepal wherever they reside.

2. Definitions: Unless the subject or the context otherwise requires, in

this Act, the term "general public" includes any class or community of

the general public, and the term "public" shall also be interpreted

accordingly.

3. Libel/defamation: If a person by way of writing or words or signs

or understandable symbols accuses another person of any charge or

publishes such matter with intent to damage that other person's

character or knowingly or having reason to believe that it will make

such a damage, the person shall be deemed to have libeled that other

person.

Explanation:

(1) Where any charge/accusation is made against a deceased and

that act would damage his or her character while he or she was

alive and has been done with intent to injure the spirit of his or

her family or other near relative of him or her, such an act may

be held as a libelous act.

(2) An accusation made satirically or un-straightforwardly

(indirectly) may be held as a libelous act.

(2a)2 An accusation or publicity made knowingly to damage other's

character or with motive to make a false allegation may be held

as a libelous act.

1 Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066

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(3) No act shall be held to be a libelous act damaging the prestige

of a person unless an allegation is so made directly or indirectly

that it, in the opinion of other persons, undermines the person's

moral or intellectual character or character or reputation

relating to race or occupation or that it, in a believable manner,

indicates that the person's body is in a hateful situation or in a

situation normally considered to be degrading.

4. Circumstances where libel is not held: Notwithstanding anything

contained in Section 3, the commission of the following act or matter

shall not be deemed to be a libelous act:

(1) In the event of a need for the interest of the general public, to

make an allegation of true matter against any person or publish

such an allegation; the matter of whether an allegation made

against a person is in the interest of the general public or not

shall depend on the fact,

(2) To express any opinion in good faith about the conduct of any

public servant which he or she was performing the functions

and duties of his or her office or about his or her character to

the extent only that understandable from that conduct,

Interpretation: For the purposes of this clause, the term

"public servant" means a person who is a public servant within

the definition of public servant set forth in the Prevention of

Corruption Act, 2059 (2002).3

(3) To express any opinion in good faith about the conduct of any

person which is concerning a public issue/question and about

2 Inserted by the Some Nepal Acts (Amendment) Act, 2039

3 The Prevention of Corruption Act, 2017 was promulgated instead of the Public Servants' (Corruption

Prevention) Act, 2013, and the Prevention of Corruption Act, 2059 was promulgated instead of the

Prevention of Corruption Act, 2017.

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his or her character to the extent only that understandable from

that conduct,

(4) In the course of any court proceedings, to publish a true report

actually reflecting the results thereof,

Explanation: For the purposes of this Clause, the term "court"

means an open bench established by any judge or other officer

of a court to make a public inquiry in time.

(5) To express any opinion on merits or demerits of any civil or

criminal case settled by a court or about the conduct of the

plaintiff, defendant, witness or attorney of any such a case or

his or her character to the extent only that is understandable

from that conduct,

(6) Where a person who is to do any matter has submit that matter

for the opinion of the general public, to express any opinion on

merits or demerits of that matter or the character of the person

doing that matter to the extent only that is understandable from

the same,

Explanation: In submitting a matter by the person doing that

matter for the opinion of the general public, it shall suffice to

clearly state that he or she has done that matter or do any act by

that person inferring that intention.

(7) Where a person has any right over another person by virtue of

law or a legal bond with that other person, to indicate in good

faith by the person any deficiency in the conduct of that other

person on any act or matter relating to that right,

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(8) To make any charge, that can be made against any person,

before the legally competent authority in good faith against that

person on that matter,

(9) To blame, in good faith, the character of a person for to

safeguard one's or other's interest or for the interest of the

general public, and

(10) To alter any person against another person for the interest of

that person or of a person in which he or she has interest or for

the interest of the general public.

5. Penalties for commission of libel or printing or carving any

libelous matter: If a person commits the following office, the person

shall be liable to a fine of up to Five Thousand Rupees and may also

be liable to the punishment of imprisonment for a term not exceeding

Two years:

(1) Libeling other person, or

(2) Printing or carving any matter knowingly or have a reasonable

reason to believe that it may result in libel to others.

6. Penalties for sale of any matter in which any such matter is

printed or carved as may be libelous: If any person sells any

matter knowingly that any libelous matter is printed or carved in it

and offers the same for sale, the person shall be liable to a fine of up

to One Thousand Rupees and may also be liable to the punishment of

imprisonment for a term not exceeding Six months.

7. Penalties for abusing knowingly with intent to disturb peace:

If any person abuses and provokes another person with the intent that

if that other person is abused and provoked, that other person will

breach public peace or commit any other offence or knowingly that

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there is such a likelihood, that person shall be liable to a fine of up to

Five Hundred Rupees and may also be liable to the punishment of

imprisonment for a term not exceeding Six months.

8. In the event of commission of any act with intent to defame

woman: If any person, with intent to defame any woman, says

anything in a manner that she can hear or see it or expresses any kind

of word or gesture or shows any article or undermines her privacy,

that person shall be liable to a fine of One Hundred Rupees to Five

Hundred Rupees and may also be liable to the punishment of

imprisonment for a term not exceeding Six months.

9. Acts of minor libel or defamation: If any such act is done that

may result in a minor libel, slander or defamation of minor nature in

which a reasonable or prudent person would not make a complaint or

is done with that intention or knowingly that it may so happen, such

an act shall not constitute an offence under this Act.

10.4 Penalties for making false accusation with intent to cause

injury: If any person files or causes to be filed a case of libel or

slander against any person with intent to cause injury to that person

knowingly that it is not just or there is no legal ground to file such a

case under this Act, the person shall be liable to a fine of Five

Hundred Rupees to Five Thousand Rupees, in the case of a libel case,

and to a fine of One Hundred Rupees to Five Hundred Rupees, in the

case of a slander case. The case trying authority shall also cause the

expenses incurred in that case to be recovered to the opponent party

from the person filing or causing to be filed such a case.

4 Amended by the First Amendment.

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Explanation: For the purposes of this Section, the term "injury"

means any loss or damage caused illegally to the body, heart (mana),

prestige or property of any person.

11.5 Limitation: If there is any cause to institute a case against any

person under this Act, a suit has to be filed within Six months after

the date of the cause of action.

11A.6 Procedures to be followed: In trying and settling cases under this

Act, the case trying authority shall follow the procedures as referred

to in the Special Court Act, 2059 (2002).7

12.8 Compensation: If a person is held to have libeled or slandered

another person, the adjudicating authority may order the payment of

compensation in a reasonable sum by the offender to that other person

having regard also to his or her social prestige and honor9 as well as

of the expenses incurred in the case by the offender to that other

person. If it is held that libel has been committed to a person already

dead, the amount of such compensation and expenses shall be

provided to his or her near heir who has suffered injury from such a

libel or slander.

13. Repeal: Numbers 1, 2, 3, 4, 6, 6A., 7, 8, and 9 of the Chapter on

Libel and Slander of the Muluki Ain (General Code) are, hereby,

repealed.

Note bene: The Muluki Ain that commenced on 1 Bhadra 2020 does not contain

the Chapter on Libel and Slander.

5 Amended by Some Nepal Acts (Amendment) Act, 2039

6 Inserted by Some Nepal Acts (Amendment) Act, 2039

7 Amended by the Special Court Act, 2059

8 Amended by the First Amendment.

9 Inserted by Some Nepal Acts (Amendment) Act, 2055

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