5.5 Types of Punishment

5.5.1 Capital Punishment The state's killing of the convicted — the ancient penalty's apex. Nepal's line: the Muluki Ain era knew executions historically; the modern constitutional order closed the door — the 1990 Constitution's ban, continued in the present Constitution: Article 16(2): no law shall be made providing for capital punishment. The retention/abolition debate (names only): retention's desert-and-incapacitation case vs. abolition's irrevocable-error, brutality-cycle and no-marginal- deterrence case — the global trend is abolitionist (the international instruments by name only). 5.5.2 Corporal Punishment Punishment on the body — whipping, branding, mutilation, flogging: the pre-modern penality's signature, now universally discredited (cruelty without correction); Nepal's old Code's whipping is long gone; the Constitution's Art 22 bar (no cruel treatment) and the Children's Act's anti-corporal discipline mark the modern floor. Survivals to watch: corporal "discipline" in homes and schools (the child-protection statutes' domain). 5.5.3 Other Forms of Punishment (the modern catalogue) 1. Imprisonment — the modern default: fixed terms graded by the Code 2074's offence- ranges, and life imprisonment (the Code's general part fixing life's ordinary span at 25 years, with a longer bracket for the gravest offences — describe by effect, without section numbers). 2. Fine — the independent or alternative money penalty; day-fine logic (income-proportionality) as the reform idea. 3. Compensation/restitution to the victim — the restorative turn (the Crime Victim Protection…