The government has tabled the proposal for the parliamentary endorsement to replace the existing code, arguing that the perpetrators of the heinous crimes should spend the rest of their life behind bars.

“There are even calls for death penalty in cases such as rape. But as we don’t have that provision, such arrangement has been proposed instead,” said Tek Dhungana, joint secretary at the Ministry of Law, who was involved in the preparation of the penal code.

Under the existing Penal Code, a life sentence typically means a maximum sentence of upto 21 years. Even then, many of the lifers would routinely walk free after serving 12-14 years if they had good conduct records and the warden’s support. Those convicted of abduction are sentenced to 15 years in prison.

The proposed code has also increased the jail sentence for life in certain cases other than those categorised as serious to 30 years. By increasing the jail time, authorities believe, a convict will serve at least 20 years.

Besides prioritising the nature of serious crimes, the judiciary is also mulling to have fast-track courts for swift justice delivery. A four-member committee has been formed to study the scope, function and authority of such courts.

Observers, however, point out that the proposed penal code does not give room for reformation by imposing life sentence until death. Such stringent provisions in the law, they maintain, will deny the convict a chance of a free life upon remorse. “The current criminal system is reform-oriented, whereby one can get a chance to improve his/her life and come out of the prison. But the proposed provision will close that option,” said Sunil Pokharel, general secretary of the Nepal Bar Association.

Arguing along similar lines, former Attorney General Yuv Raj Sangraula said that the government can propose a provision of payroll for those convicted of serious crimes. “What would you do if a convicted individual completes Phd from prison? There should be a provision of payroll in such cases,” said Sangraula, who was consulted by the government while preparing the code.