Posted by: santoshgiri December 27, 2009
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This is INCEST, a crime, under Nepal's marriage law.
- SEXUAL ACTIVITY BETWEEN CLOSE RELATIVES IS A CRIME IN NEPAL
- IRRESPECTIVE OF THEIR AGE OR CONSENT
Civil Code of Nepal 1963, Chapter of Insect defines it as a heinous crime:
Incest has been defined as
- a crime involving sexual intercourse between persons who are relatives within seven generations. Incest is strictly prohibited in Nepal.
- Marriage within the incest relation except under the customary practice is void. The punishment varies according to the distance of relation between the people involved in incest.
- Having sexual intercourse with mother is punishable with life imprisonment.
- The crime of having sexual intercourse with sister of the same parents or with daughter is punishable with 10 years imprisonment.
- The crime of having sexual intercourse with women in the relation of father's ancestral lineage is punishable with six years imprisonment.
- The crime of sexual intercourse with other women of relation within seven generations of father or mother's ancestral lineage, other than those mentioned above is punishable with an imprisonment of two years.
When a girl filed a case of incest against her uncle, the Supreme Court defined that the Country Code,1963 had repeatedly made a mistake of not including an uncle’s daughter's daughter under the definition of incest. In this situation they could not define the law which had been mistakenly enacted. The law, which was enacted 20 years before and has been amended from time to time, is the basis of the rule of law.
Hence, any person outside such criteria is not justifiably considered as an offender. See FWLD report.
Applicable to:
- Nepali Citizens
- People in Nepal's Jurisdiction (geographical boundary)
Legal Age to Marry:
- Nepal Marriage Act also defines the legal age of marriage with parental
consent as 18 years for boys and 16 years for girls. - Without parental
consent, these ages are 21 years for boys and 18 years for girls
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The sexual activity under the age of 16 is considered as rape.
Last edited: 27-Dec-09 08:10 PM