Law Info Nepal

4 Classification of Crime

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

1. By gravity: - Common law's historical felony/misdemeanour (and treason's special class); - Modern statutory grading — Nepal's Code distinguishing serious ("heinous"/grave) offences from ordinary ones (with graver procedure, limitation, and sentencing consequences — e.g., "serious offence" status affecting bail and appeal practice under the Criminal Procedure Code, 2074);

2. By moral quality:mala in se (wrong in themselves — murder, rape: the natural crimes) vs. mala prohibita (wrong because prohibited — licensing, regulatory, traffic offences: strict- liability candidates);

3. By the object harmed: offences against the State (sedition, treason); against public order/ justice (obstruction, perjury); against the person (homicide, assault); against property (theft, robbery, mischief, fraud); against reputation; against chastity/morality; against public health/ environment;

4. By conduct: result crimes (the actus must cause a prohibited result — homicide), conduct crimes (the doing suffices — drunk driving), and state-of-affairs offences (being found somewhere — see Unit 4);

5. By mental element: intentional, reckless/knowledge-based, negligent, and strict/no-fault liability offences (public welfare and regulatory crimes);

6. By participant and completeness: principal/secondary (Unit 6); completed vs. inchoate (Unit 5);

7. Compoundable vs. non-compoundable (a Nepali practice classification): offences the victim may settle (with court approval in defined cases) vs. offences the State must prosecute to conclusion.

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