Territorial: the foundational principle — crimes committed within the territory (land, waters, airspace, Nepali ships/aircraft); the Code applies to offences in Nepal; the venue rules (where committed or the accused found); the objective territorial (the result within — the border bullet) and subjective territorial (the act begun within) extensions; Extra-territorial: the exceptions — the protective principle (offences against the State's security, currency, vital interests committed abroad); the active personality (own nationals' serious offences abroad); the passive personality (victims who are nationals); Personal: jurisdiction over persons by status (nationals; officials; the military's separate discipline system — the court-martial's boundaries); Universal: the hostis humani generis crimes — piracy, genocide, torture, war crimes — any state may try regardless of links (Eichmann; Pinochet as the exemplars); the ICC's complementarity distinction (treaty-based, not universal — the Rome Statute's jurisdiction where the State is unwilling or unable); Extradition: the formal surrender process — the jurisdiction's procedural complement.
Nepal's framework: the Extradition Act, 2046; the treaty with India (1953/1963, revised 2013) as the principal instrument. The principles: treaty-and-comity (no general duty); dual criminality; the political-offence exception; the speciality rule; non-extradition of nationals; no extradition for military offences; the double-jeopardy bar. The alternatives: deportation and mutual legal assistance. Exam Focus Long questions: (i) The concept and nature of crime (three definitions + four attributes + the social-construct point); (ii) The crime-tort-contract table with the "one act, three liabilities" illustration; (iii) The types of criminal liability (the relative/strict/vicarious trio with strict liability's rationale-and-limits); (iv) The jurisdiction's five heads (universal with Eichmann/Pinochet + ICC complementarity; extradition with the Act 2046 and the principles). Short questions: mala prohibita; dual criminality; the rule of speciality; passive personality. Trick areas: (i) Vicarious liability is the CIVIL norm but the CRIMINAL exception — say the general rule (personal liability) first; (ii) The ICC's jurisdiction is treaty-based and COMPLEMENTARY, not universal — the pair examiners split; (iii) Deportation is not extradition — the immigration route used where no treaty runs.