Nepal mulls home detention with electronic monitoring for selected offenders
Kathmandu, June 25
Nepal is considering a legal provision that would allow certain convicted offenders to serve their prison sentences under electronic monitoring instead of in correctional facilities.
The Ministry of Law, Justice and Parliamentary Affairs has prepared a draft bill, which, if enacted, would effectively introduce a form of electronically monitored home detention into Nepal's criminal justice system.
The model has been adopted in several countries to reduce prison overcrowding and allow low-risk offenders to serve their sentences outside conventional prisons while remaining under supervision.
The draft bill to amend the Criminal Offences (Sentencing and Execution) Act, 2017, states that if the court considers it appropriate for an offender to serve a term of imprisonment under the supervision of an electronic device, it may order that such offender serve the sentence with an electronic monitoring device attached.
The provision would allow the court to require the offender to wear or carry an electronic monitoring device during the period of imprisonment.
The offender would be responsible for bearing all costs associated with the installation and operation of the device. The proposed legal provision states that if the offender refuses to bear such a cost, he or she shall be sent to prison to serve the sentence.
The proposed amendment also requires courts to determine specific limits and conditions for offenders placed under electronic monitoring, taking into account factors such as age, physical and mental health, and past conduct.
The draft states that if the offender violates the limits and conditions set by the court, he or she shall be liable to an additional one-year prison sentence on top of the originally imposed sentence.
The formal introduction of the system is expected to ease the current pressure on Nepal's overcrowded prisons.
Chomendra Neupane, spokesperson for the Department of Prison Management under the Ministry of Home Affairs, told IANS that prisons in major urban centres have remained overcrowded, with some facilities housing inmates at nearly double their capacity.
Neupane said they keep prisoners mostly in jails in major cities, as they prefer these locations because they can easily meet their family members and relatives, and added that most prisons are operating at full capacity, while only a very few have vacant space.
According to the department, there are 27,643 prisoners housed in 75 prisons across the country. Of them, 26,117 are male, and 1,526 are female.
— IANS
Reader Comments
As someone from a border town near Nepal, I've seen how overburdened their prisons are. This could be a pragmatic solution if implemented properly. But I worry about the 'electronic monitoring' being misused—what about privacy concerns? Also, families having to bear the cost is not ideal. Hope they cap the fees and ensure proper oversight. 🙏
This sounds like a sensible reform for non-violent offenders. India's own prison occupancy rate is over 130%, so we could learn from this. But the cost issue is a big hurdle—if offenders have to pay, it discriminates against the poor. Also, what about verification of the monitoring? Will there be regular checks? The devil is in the details.
A well-intentioned move, no doubt. But I'm skeptical about implementation in Nepal's context—power cuts, network issues in remote areas, and the cost factor could make this a non-starter for many. Also, judges need clear guidelines on who qualifies for this. If left to discretion, there could be inconsistencies. Still, kudos for trying something new! 👍
I've read that electronic monitoring has mixed results elsewhere. While it reduces prison crowding, it can also extend control over offenders' lives in invasive ways. The one-year additional jail term for violations seems disproportionate for minor infractions. Nepal should perhaps look at India's experience with parole and probation systems rather than jumping into tech-heavy solutions. Just my two cents.
This could be a game-changer for Nepal's overcrowded prisons, especially for
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