Month: November 2025

The Ministry of Culture, Tourism and Civil Aviation (the “Ministry”) under the Government of Nepal issued the Casino Regulations, 2082 (2025) (“Casino Regulations”). The primary objective of the Casino Regulations is to regulate the establishment, licensing, operation, and monitoring of casinos in Nepal, while ensuring security, transparency, and responsible gaming practices.

This article provides a general overview of the casino business incorporation requirements, licensing and renewal procedures, management obligations, and monitoring provisions for casino operations.

I. Key Definitions

The key definitions under Casino Regulation are as follows:

1. Large Casino: Casinos that offer both games played by hand, with the help of the dealer or spinner, by distributing cards, chips or coins, and games played by means of modern machines or electronic devices.
2. Small Casino: Casinos where games are played only through modern machines or electronic devices.

II. Company Incorporation and Pre-Approval of Casino Business

1) Required Paid-up Capital

A person willing to operate a casino must maintain the following paid-up capital while establishing a company, as detailed below:

For Large Casino	At least NPR 300 Million (in words Nepalese Rupees Three Hundred Million)
For Small Casino	At least NPR 200 Million (in words Nepalese Rupees Two Hundred Million)

If a company operating a casino by obtaining a license under the prevailing law at the time of commencement of these regulations has not established the paid-up capital as mentioned above, it shall maintain such paid-up capital by the end of Chaitra, 2085 BS (12 April 2028).

2) Pre-approval Requirement

A person willing to operate casino business must obtain prior approval shall submit an application to the Department along with a fee of NPR 10,000 (in words Nepalese Rupees Ten Thousand only) , attaching the following documents and details:-

S.N.	Description
a)	Written commitment from a four-star or higher rated hotel or resort to operate a casino on its hotel or resort premises
b)	The articles of association and regulations of the proposed company
c)	Shareholder, shareholding and their fund contribution details.
d)	Personal details of each director of the proposed company (citizenship certificate, passport or national identity card)
e)	Feasibility Study Report
f)	A financial and technical proposal
g)	If the casino is to operate within five kilometer of an international border, the applicant must submit the following documents : – A recommendation from the District Security Committee based on a security assessment – A security plan and proof of deploying at least 20 trained security personnel at the casino site.

3) Refusal grounds of prior approval

Approval will not be given under the following circumstances:

S.N	Description
a)	If any of the disqualifying conditions mentioned under the Tourism Act are present;
b)	A director of the proposed company is under 18 years of age;
c)	Capital requirements are not met;
d)	Required fees, documents and description are missing;
e)	More than one casino is proposed at the same hotel or resort;
.f)	Proposed casino location is within five kilometers of an international border and the applicant fails to meet the security standards required

III. License and Renewal

A company that has obtained pre-approval from the Department and intends to apply for a casino license must fulfill the following infrastructure and fitness requirements before filing an application for pre-approval.

1) Infrastructure and Qualification (Fit and Proper Test) related requirements

Companies that have been established with prior approval must meet specific standards, including:

S.N	Description
a)	Must have electronic surveillance systems to prevent theft and fraud.
b)	A system for maintaining damage/loss records and internal and external controls.
c)	Fire control system of at least 40 horsepower capacity.
d)	CCTV storage of six months and a secure room for storing footage.
e)	At least five trained security personnel for regular locations, and at least twenty for casinos within five kilometers of international borders.
f)	Use of walk-through gates, metal detectors, ID scanning, and biometric access control systems (face, retina, or thumb scan).
g)	Mechanisms for customer identification (KYC) and reporting per anti-money laundering laws.
h)	Recommendation from the District Police Office for casino operations.
i)	24/7 live CCTV feed of all games conducted within the casino.
.j)	Real-time digital entry records and counterfeit detection and counting machines.
k)	Emergency evacuation systems and disaster response plans.
.l)	Ownership of at least five four-wheeled vehicles or agreement with a travel agency.
m)	On-site health personnel for first aid and medical emergencies.
n)	Arrangement for cultural programs and appropriate entertainment stages.
o)	Casino layout and decorations per international standards with separate staff and player entry/exit pathways, etc.

A four-star or higher level hotel or resort where a casino is operated must meet in accordance with the prevailing laws.

2) Application for License

A company that has obtained pre-approval from the Department must apply for a casino license, and the related requirements are as follows:

(i) The application fees are as follows:

Description

NPR 1.5 million for a large casino (in words Nepalese Rupees One Million Five Hundred Thousand only)

NPR 1 million for a small casino (in words Nepalese Rupees One Million only)

(ii)The application must include the following documents:

S.N	Description
i.	Copy of Company Registration Certificate
ii.	Copy of Memorandum of Association and Article of Association
iii.	Receipt of fee payment
iv.	Evidence showing that the consent given by the four-star or higher level hotel or resort for operating a casino within its premises is still valid
v.	Any directives issued during inspections by the Department,
vi.	Authorization letter if a representative submits the application
vii.	Foreign investment approval, if joint venture is involved

(iii) The Department may conduct further inspections and will issue a license only if all conditions are met. If deficiencies are found, the company will be instructed to resolve them within a specified period.

(iv) Upon approval, the license fees are as follows:

S.N	Description
i.	NPR 30 million (in words Nepalese Rupees Thirty Million only)  for a large casino,
ii.	NPR 15 million (in words Nepalese Rupees Fifteen Million only) for a small casino.
iii.	Company that wants to operate more than one casino, fee for each casino as per (i) and (ii)

(v) In addition to the license fee, the following financial obligations must be fulfilled:

S.N	Description
i.	Applicable royalty amount as prescribed by the Finance Act,
ii.	A security deposit equal to 1.5 times the royalty amount, or a 14-month bank guarantee from a Class-A commercial bank
iii.	Proof of compliance with standards
iv.	Payment of application fees (NPR 10 million large, NPR 10 million small)
v.	Valid hotel consent,
vi.	Authorization for foreign joint ventures, if applicable.

3) Renewal of license

A company must submit an application to the department along with the following documents:

S.N	Description
i.	Proof of payment of royalty
ii.	Bank Guarantee of the same amount with a validity period of fourteen months from the date of issuance
iii.	Audit report of the previous financial year
iv.	Updated details and share records of the company’s directors and shareholders
v.	Copy of tax payment certificate of the previous fiscal year
vi.	Proof of depositing tax deductions from customers and employees into revenue account
vii.	Details of expenditure incurred for corporate social responsibility
viii.	Proof that the registration of the hotel/resort where the casino is operating has been updated

4) Cancellation of license

Before canceling a casino license under this Act, the Department must publish a public notice and provide the licensee with seven days to submit an explanation. If no explanation is submitted within the prescribed period, or if the explanation provided is found to be unsatisfactory, the Department may proceed with canceling the license.

A company may also voluntarily apply for cancellation of its license, provided that it has settled all outstanding dues, including royalty, fees, penalties, fines, and any other liabilities. Once a license is canceled, the Department must inform the Office of the Company Registrar, the concerned Inland Revenue Office, and the Department of Industries.

IV. Rules and Conditions for Operating a Casino in Nepal

The Casino Regulations outlines various operational rules, security conditions, location requirements, and ethical standards that a company must follow while operating a casino in Nepal. Some of the key provisions are:

S.N	Description
i.	Companies operating more than one casino at the time of this regulation must apply to operate only one casino.
ii.	Every casino must install a surveillance system approved by the Department, with clear facial visibility of all entrants. CCTV footage must be preserved for at least six months.
iii.	Casinos must not allow immoral, unethical, or criminal activities. Lending money or offering credit to gamblers is strictly prohibited.
iv.	Operations must respect Nepali culture, tradition, and social values, and games promoting unethical conduct are not permitted.
v.	Casinos must comply with existing money laundering laws and submit reports as required.
vi.	A casino cannot operate within five kilometers of an international border unless it meets specific security criteria. Casinos operating within three kilometers before the regulation may continue only if they comply with all updated requirements by the end of Chaitra, 2083 B.S (mid-April 2027).
vii.	Licensed casinos may request to change their hotel or resort location but must choose a four-star or higher facility and meet all legal standards to obtain departmental approval.
viii.	A large casino must employ at least 150 Nepali citizens, and a small casino must employ at least 50.
ix.	Operating or promoting online gambling games is prohibited.
x.	Promotion through any media (print, digital, audiovisual, etc.) inside Nepal is strictly prohibited.
xi.	The casino must regularly test water, beverages, and food provided to players through an authorized quality control agency.
xii.	The casino is expected to promote Nepali cuisine and operate only within the licensed resort premises.
xiii.	All instructions from the Department and Financial Information Unit must be followed. Casinos must cooperate with inspections and submit any requested documentation.

V. Joint Venture with Foreign Company and Foreign Currency Transactions

A company that has obtained a casino operating license may operate the casino in joint venture with a foreign company, provided that it secures approval from the Ministry on the recommendation of the Department. In entering into such a joint venture, the company must comply with all prevailing laws governing foreign investment. Furthermore, if the casino operation requires transactions in foreign currency, the licensed company must obtain permission from Nepal Rastra Bank in accordance with applicable laws to conduct such foreign currency transactions.

 Disclaimer: This article is for general informational purposes only and does not constitute legal advice, advertisement, personal communication, solicitation or inducement. No attorney-client relationship is created through this content. Gandhi & Associates assumes no liability for any consequences resulting from actions taken based on information contained herein.

 For quick legal assistance:

Phone/Viber/WhatsApp: +977 9709035477

For specific legal advice regarding the licensing and compliance requirement of casinos in Nepal, please contact our office to schedule a consultation with our experts.

I. Definition of Cryptocurrency

Cryptocurrency refers to a form of digital or virtual asset that operates on decentralized blockchain technology and functions as a medium of exchange, a store of value, or a unit of account without reliance on a central issuing authority.

Despite its technological appeal, the Government of Nepal and the Nepal Rastra Bank (“NRB”) have, time and again, issued clear public positions declaring that cryptocurrency, in all its forms and uses, including trading, mining, investment, and payment, is prohibited within Nepal. Cryptocurrency is currently banned in Nepal, and NRB has consistently reiterated that such instruments are not legal tender, not recognized as foreign currency, and not permitted for investment or remittance purposes.

II. NRB’s Prohibitory Notices on Cryptocurrency

NRB has issued multiple public notices over the years declaring cryptocurrency-related activities illegal in Nepal. The following is a consolidated and formally presented summary of the key notices:

1) Notice dated 2074/04/29 (13 August 2017): Bitcoin Transactions

NRB’s Foreign Exchange Management Department issued a public notice clarifying that, under the Nepal Rastra Bank Act, 2058 (2002) and the Foreign Exchange (Regulation) Act, 2019 (1962), only NRB-licensed entities may engage in foreign exchange transactions. As Bitcoin had not been recognized as currency or money in Nepal, and reports had indicated individuals engaging in Bitcoin transactions through the internet, NRB declared that all Bitcoin-related transactions are fully illegal in Nepal and cautioned the public not to engage in such activities.

2) Notice dated 2078/05/24 (9 September 2021): Cryptocurrency Transactions, Use, and Mining

NRB reiterated that all forms of cryptocurrency transactions, usage, and mining are illegal under Nepali law. The notice emphasized that individuals had begun to promote and encourage cryptocurrency activities, exposing the public to risks of fraud and loss. NRB warned that anyone found conducting or facilitating cryptocurrency transactions or mining activities would face legal action under prevailing laws.

3) Notice dated 2078/10/09 (23 January 2022): Virtual Currency, Cryptocurrency, and Network Marketing

NRB expressed concern over schemes promoting high-return investments linked to virtual currencies, cryptocurrencies, funds such as “Hyper Fund,” and pyramid-based network marketing models such as Jocial, Crowd 1, and Solemax Global.

NRB clarified that Nepal has not recognized virtual currencies or cryptocurrencies as legal tender or foreign currency and warned that involvement in such schemes may lead to fraud, capital flight, and economic harm.

All Nepali and foreign individuals residing in Nepal, and Nepalis residing abroad, were cautioned that engagement in such activities would result in legal action.

4) Notice dated 2079/04/30 (15 August 2022): Cryptocurrency, Stablecoins, Network Marketing, Hyper Fund

NRB reaffirmed earlier notices and clarified that cryptocurrencies (including stable coins) have no legal tender status, government backing, or regulatory protection in Nepal.
The notice highlighted risks of money laundering, terrorist financing, tax evasion, price volatility, and capital flight associated with cryptocurrency and stable coin activities, making such transactions illegal.
The notice further stated that any involvement, use, investment, membership, ownership, transfer, exchange, mining, or facilitation, would attract legal action under existing laws.

5) Notice dated 2079/12/20 (3 April 2023): Cryptocurrency, NFT, Digital Assets, DeFi

NRB’s most recent notice expanded the scope of prohibition to include Non-Fungible Tokens (NFTs), Digital Assets, Decentralized Finance (DeFi) activities, and all forms of virtual assets that may enable offshore investment or undermine national foreign exchange controls.
NRB emphasized that none of these instruments have legal recognition as currency or foreign exchange in Nepal and that they pose inherent risks, including capital flight, anonymity-based financial crime, consumer harm, and destabilization of monetary and financial stability.

NRB clarified that any individual, firm, company, institution, or agency inside Nepal, or Nepalis abroad, engaging in such activities will face prosecution under the Foreign Exchange (Regulation) Act, 2019 (1962) and the Act Restricting Investment Abroad, 2021(1964).

III. NRB’s Risk Assessment on Cryptocurrency

NRB’s Foreign Exchange Management Department has published an extensive assessment outlining key risks associated with cryptocurrency, of which few are listed below:

1) Macroeconomic Instability

Cryptocurrency transactions occur outside the regulated financial system and do not involve financial intermediaries. Because these transactions are speculative and lack institutional safeguards, widespread adoption could undermine macroeconomic balance.

2) Undermining Monetary Policy

Cryptocurrency circulation may lead to de-facto “dollarization” of the economy. Since cryptocurrencies are issued privately and outside NRB supervision, their usage would weaken central bank control over money supply, interest rates, and monetary policy transmission.

3) Pressure on Foreign Exchange Reserves

Cryptocurrencies are not recognized as reserve currency. Their use may reduce foreign exchange inflows, encourage remittances to be diverted into unregulated digital assets, and facilitate capital flight, all of which could harm Nepal’s already constrained foreign exchange reserves.

4) Money Laundering and Terrorism Financing Risks

Cryptocurrency transactions allow anonymity, obscured identities, and cross-border transfers without regulatory oversight. FATF has highlighted ML/TF risks arising from anonymity-enhancing features and decentralized systems. International studies show billions of dollars in illicit activity linked to cryptocurrencies.

5) Investment Security Risks

High-profile collapses such as FTX, Terra USD, and LUNA demonstrate extreme volatility and the absence of investor protection. Cryptocurrency investments carry substantial risk of total loss.

6) Fraud and Tax Evasion Risks

Cryptocurrency enables illegal activities including fraud, tax evasion, and unregulated financial flows. Studies cited by the Financial Stability Institute show tens of billions of dollars associated with illicit crypto addresses globally.

7) Conflict with International Regulatory Cooperation

International bodies including the IMF and UNCTAD have warned against recognizing cryptocurrency as legal tender. Adoption or tolerance of cryptocurrency could place Nepal in conflict with international financial cooperation frameworks.

8) Loss of Control over Foreign Exchange Regulation

Nepal maintains strict controls over foreign exchange transactions. Cryptocurrency transactions, being borderless and unregulated, could circumvent these controls and weaken NRB’s ability to manage foreign exchange.

IV. Legal Penalties for Cryptocurrency Activities in Nepal

Nepal imposes stringent penalties for engaging in cryptocurrency-related activities. The key legal consequences under prevailing laws are as follows:

1) Nepal Rastra Bank Act, 2058 (2002)

• Confiscation of digital assets or property involved.
• Fine up to three times the value of the cryptocurrency transaction.
• Imprisonment up to 7 years, or both.

2) Foreign Exchange (Regulation) Act, 2019 (1962)

• Confiscation of foreign digital assets or currencies.
• Fine up to three times the value of the transaction.
• Imprisonment up to 7 years, or both.
• Failure to pay fines results in an additional 4 years’ imprisonment.
• For amounts exceeding NPR 10 million, an extra 3 years’ imprisonment is imposed.

3) National Penal Code, 2074 (2017)

Where crypto-related activities amount to betting or gambling:

• First offence: Up to 3 months’ imprisonment or NPR 30,000 fine.
• Second offence: Up to 1 year imprisonment and NPR 50,000 fine.
• Subsequent offences: Additional 3 months’ imprisonment and NPR 10,000 fine for each repetition.

4) Electronic Transactions Act, 2063 (2008)

Cryptocurrency users may face cybercrime charges for unauthorized or fraudulent digital financial activities, including online scams, hacking, or unlicensed fintech operations.

Penalties include imprisonment, fines, and potential long-term prohibitions on digital activities.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice, advertisement, personal communication, solicitation or inducement. No attorney-client relationship is created through this content. Gandhi & Associates assumes no liability for any consequences resulting from actions taken based on information contained herein.

 For quick legal assistance:

Phone/Viber/WhatsApp: +977 9709035477

For specific legal advice regarding cryptocurrency related laws in Nepal, please contact our office to schedule a consultation with our experts.

I. Introduction

II. What Constitutes a Real Estate Transaction Service?

Under Section 26A (Explanation), “house and land-related transaction” includes commercial or professional services, such as:

1. Assisting any person in buying or selling a house or land (with or without remuneration),
2. Providing consultation or advice for the purchase or sale of real estate,
3. Offering any other professional service related to the transaction of house or land,

Exception: Purchases and sales conducted directly between natural persons based on mutual agreement.

III. To whom the licensing requirement is applicable?

This licensing requirement applies to both natural persons, and legal persons (firms, companies).

However, the requirement to obtain a real estate (house and land transaction) license applies only in those geographic areas or transaction-value thresholds as specified by the Government of Nepal through a notice published in the Nepal Gazette.

IV. Eligibility, Required Documents and Validity

1) Eligibility Criteria

The prevailing legal framework does not prescribe personal qualifications (age, education) for the real estate service providers. However, applicants must submit all required details, provide prescribed documents, pay the applicable fees, and satisfy the authority during its inquiry and verification.

2) Required Documents

For natural persons or legal persons, documents include (as applicable):

1. Application in the format of Schedule-8,
2. For companies/firms:

i. Copy of the company or firm registration certificate established for the purpose of conducting real estate (house and land) transactions

ii. Copy of the Memorandum and Articles of Association (for companies)

iii. Copy of the updated shareholder register

iv. Copy of the Permanent Account Number (PAN) registration certificate

v. Copy of the latest tax clearance certificate up to the most recent fiscal year

vi. Detailed business plan relating to the proposed real estate transaction activities

vii. Copy of the board resolution of the company or firm’s governing body approving the submission for obtaining the real estate transaction license

viii. Details of the applicant’s website, email address, and contact person’s phone number

Note: Applications for obtaining or renewing the license must be submitted to the authority designated by the Government of Nepal in the Nepal Gazette notice, which may be a federal authority, a provincial authority, or a local-level authority.

3) Validity Period

Each license is valid for five years from the date of issuance.

V. Each license is valid for five years from the date of issuance.

1) License Fee Structure

S.N.	Category of Transaction Capacity	License Fee
1.	Individuals/entities conducting real estate transactions up to NPR 50,000,000 (Nepalese Rupees Fifty Million) at a time	NPR 5,00,000
2.	Individuals/entities conducting transactions exceeding NPR 50,000,000 (Nepalese Rupees Fifty Million) (no upper limit)	NPR 10,00,000

2) Renewal of License

License holders must apply for renewal 35 days before expiry of the five-year term. The applicable renewal fee are as follows:

S.N.	Category of Transaction Capacity	Renewal Fee
1.	Transaction capacity up to NPR 50,000,000 (Nepalese Rupees Fifty Million)	NPR 4,00,000
2.	Transaction capacity exceeding NPR 50,000,000 (Nepalese Rupees Fifty Million)	NPR 8,00,000

3) Documents Required for Renewal

Applicants must submit the following documents along with the renewal fee:

1. Details of transactions carried out by the company or firm
2. Audited financial statements of the latest fiscal year
3. Latest tax clearance certificate of the company or firm

4) Renewal After Expiry

If the renewal application is not filed within the prescribed timeline, the license holder may still apply within 90 days from the date of expiry. A late renewal fee of NPR 50,000 is payable in addition to the applicable renewal fee.

VI. Operational Obligations of License Holders

The legal framework imposes several ongoing obligations on individuals and entities holding a real estate transaction license. Under Section 26C of Land Revenue Act, 2034 (1978), the licensing authority is empowered to conduct inspection and supervision of licensed persons at any time. For this purpose, the authority may issue necessary directives regarding the manner in which the license holder must conduct real estate transaction activities.

Correspondingly, license holders are required to fully comply with all directives issued by the authority. They must extend cooperation during inspections and supervision, and are obliged to provide any documents, records, or information requested by the inspecting officer. Failure to comply with these operational obligations may trigger regulatory action, including cancellation of the license.

VII. Requirement to Use the Land Information System (GIS Portal)

The licensed real estate service providers are required to conduct real estate transaction-related activities through the Government’s Land Information System (भू-सूचना प्रणाली). For this purpose, a license holder must operate a Land Service Centre (भू-सेवा केन्द्र) in accordance with the prescribed standards.

If the license holder does not operate their own Land Service Centre, they are required to conduct transactions through the Land Service Centre operated by another licensed real estate service provider.

VIII. Grounds for Cancellation of License

Under Section 26D of Land Revenue Act, 2034 (1978), a license may be cancelled if:

1. It was obtained by submitting false information,
2. The licensee violates the conditions mentioned in the license,
3. The licensee disregards directives given by the authority,
4. The licensee violates the Act or Regulations,The license is not renewed.

The authority may cancel the license at any time upon occurrence of these grounds.

IX. Penalties for Violation

Under Section 26E of Land Revenue Act, 2034 (1978), any person who conducts real estate transactions without obtaining the required license is subject to:

1. a fine of up to NPR 25,00,000; or
2. imprisonment of up to six months; or
3. both.

If the loss (बिगो) caused by such unauthorized transaction can be ascertained, a fine equal to the amount of the loss may also be imposed.

Furthermore, if a licensed person violates the Act, Regulations, or license conditions, the authority may impose a fine equal to ascertained loss, or up to NPR 1,000,000 (Nepalese Rupees One Million) if loss cannot be calculated.

X. Conclusion

The recent amendments to the Land Revenue Act, 2034 (1978) and Land Revenue Regulations, 2036 (1980) introduce a comprehensive regulatory framework governing professional real estate transaction services in Nepal. By mandating licensing, digital record-keeping, and a structured system of oversight, the regime seeks to enhance transparency, reduce risks of fraud, and align the sector with broader compliance objectives, including anti-money laundering considerations. Individuals and entities intending to engage in real estate transaction services must therefore ensure full adherence to the licensing, operational, and reporting requirements to avoid regulatory sanctions and ensure lawful operation.

I. Introduction

A writ is a formal legal instrument issued by a court, directing an individual or entity to perform or refrain from performing a specific act. Rooted in the common law tradition, writs serve as powerful procedural tools that uphold the rule of law, enforce judicial authority, and protect individual rights. They are particularly significant when a person seeks to challenge state action or public authority in circumstances where fundamental rights have been violated or where no effective alternative remedy exists.

Under the Constitution of Nepal, 2072 (2015), the Supreme Court and High Courts hold broad writ jurisdiction. Articles 133(3) and 144(2) authorize the issuance of writs, including habeas corpus, mandamus, certiorari, prohibition, and quo warranto, for the enforcement of fundamental rights and other legal purposes.

Similarly, Article 151(1) empowers District Courts to hear petitions such as habeas corpus and prohibition unless otherwise restricted by law.

Thus, writ jurisdiction forms a cornerstone of constitutional accountability and procedural justice in Nepal.

II. General Principles of Writ

The general principles of writ are set out below:

a) Existence of a Prima Facie Violation

There must be a clear and apparent infringement of a legal or fundamental right.

b) No Detailed Examination of Evidence

Courts generally do not engage in extensive evidence evaluation during writ proceedings.

c) No Detailed Examination of Evidence

The writ may only be issued if no effective alternative legal remedy is available.

d) Petitioner Must Approach with Clean Hands Petitioner Must Approach with Clean Hands

The applicant must act fairly, honestly, and in good faith to seek equitable relief.

e) Invoking the Court’s Extraordinary Jurisdiction

Writs are issued under the court’s extraordinary jurisdiction, not as a matter of routine.

f) Directed Primarily Against Public Authorities

Writs are usually issued against government bodies, public officials, or entities performing public duties.

III. Types of Writ

Types of writs are as given below:

a) Habeas Corpus

“Habeas Corpus” is a Latin term that literally means “you may have the body.” This writ is issued when a person is detained without legal authority or beyond the scope of legal powers. Its primary objective is to secure the release of an individual from unlawful detention. If the court finds the detention to be illegal, it orders the immediate release of the detainee.

b) Mandamus

“Mandamus” is a Latin term meaning “we command.” This writ is issued to compel a public officer or authority, who is legally obligated to perform a certain duty but fails to do so, to carry out that duty. For example, if a police officer refuses to register a complaint and, despite the filing of a prior grievance, the complaint remains unregistered, the court may issue a writ of mandamus directing the officer to register the complaint.

c) Certiorari

The term “Certiorari” literally means “to be certified.” This writ is issued by a higher court to quash or annul a decision made by a government or public authority that is unlawful or beyond its jurisdiction. To obtain a writ of certiorari, it must be evident that the principles of natural justice were violated or that the decision lacked proper legal authority. Judicial review is an important aspect of the writ of certiorari. It refers to the judiciary’s power to examine whether laws passed by parliament are consistent with the Constitution. If a law is found unconstitutional, the court may declare it void or invalid.
In Nepal, judicial review began under the Constitution of the Kingdom of Nepal, 2047 (1990). Although that Constitution did not explicitly create a constitutional bench, special benches of the Supreme Court adjudicated writ petitions involving constitutional matters.

A notable example is the case of Man Bahadur Bishwakarma, where the Supreme Court examined whether Nepal’s legal system, while constitutionally prohibiting caste-based discrimination, could still adhere to certain pre-existing civil law traditions without violating constitutional principles.

d) Prohibition

The writ of prohibition literally means “to forbid” or “to prevent.” It is invoked when a public officer, authority, or agency is about to take an unlawful action or make a decision that may infringe upon someone’s rights or interests. Since the action has not yet been finalized, the writ seeks to restrain the officer or agency from proceeding further, thereby preventing potential harm.

e) Quo Warranto

The term “Quo Warranto” means “by what warrant?” or “what is your authority?” This writ challenges the legal authority of an individual occupying a public office. If it is shown that the individual has exceeded their tenure, lacks required qualifications, or is otherwise unauthorized to hold the position, the court may issue this writ to prevent them from continuing in the office.

IV. Court Adjudication Procedures and Writ Jurisdiction

The procedure for court adjudication is as given below:

a) General Court Procedures
Courts in Nepal follow general, special, or summary procedures for adjudicating rights and obligations under statutory laws.

b) Fundamental Rights
Rights guaranteed by the Constitution of Nepal fall directly within writ jurisdiction when violated.

c) Writ Proceedings
Writs are typically used when:

• fundamental rights have been violated, or
• no adequate remedy is available under ordinary legal processes.

d) Courts Empowered to Issue Writs

• District Courts
• High Courts
• Supreme Court

These powers are derived from Articles 133, 144, and 151of the Constitution.

e) Regulatory Framework

Each court conducts writ procedures as outlined by its respective regulations.

V. Classification of Writ Procedure

The writ procedure is generally divided into:

• Procedure for the Writ of Habeas Corpus
• Procedure for Other Writs

1) Procedure for the Writ of Habeas Corpus

2) Procedure for other writ (Certiorari, Mandamus, Prohibition, Quo-Warranto)

Step	Procedure	Description
I.	Filing and Jurisdiction	These writs can be filed only in the Supreme Court. A writ for judicial review can be filed only by a Nepalese citizen in the Supreme Court. Judicial review challenges the constitutionality of laws enacted by the Parliament, State Parliament, or local bodies.
II.	Constitutional Bench	Preliminary and final hearings for such writs are held before the Constitutional Bench. The bench consists of 5 members: the Chief Justice and four judges appointed on the recommendation of the Judicial Council.
III.	Petition Requirements	The writ petition must clearly state the grounds for filing and the court’s jurisdiction (Articles 46, 133 of the Constitution; Rules 40 and 41 of Supreme Court Regulation, 2074). It must describe the events leading to the violation of rights and specify the respondent’s actions or inactions. An electronic copy of the petition is mandatory. If the petition exceeds three pages, a summary of up to two pages must be attached.
IV.	Preliminary Hearing	Conducted by a single bench. If the petition has merit, the court issues a show cause order requiring the respondent to appear and explain. If the petition lacks merit or the respondent’s actions comply with law and constitution, the writ may be dismissed. The petitioner must specify if an interim order is sought.
V.	Public Interest Litigation (PIL)	The petitioner must demonstrate no personal interest and that the issue affects the public or a community. Must show efforts to resolve the issue by other means have failed. Should cooperate with the court, even if the case proceeds despite delays (Mayad/Tarekh). The writ deadline (Mayad/Tarekh) can be extended once for up to 15 days, and in special cases (Kiriya, childbirth, calamities), an additional 15 days extension is possible.
VI.	High Court Writs	Writs can also be filed in the High Court, governed by Article 144 of the Constitution and Rule 41 of the High Court Regulation, 2073. PILs at the High Court require prior application to relevant authorities showing attempts to resolve the matter
VII.	Injunction Applications	The High Court and District Courts may hear applications for injunctions to prevent unlawful obstruction of legal rights enforcement. Such applications are special petitions, similar but not identical to writ petitions.
VIII.	Nature of Certiorari	Issued to halt suspected unlawful actions under the Civil Rights Act, 2012 (1955). Primarily used where there is suspicion of harm or illegality. Certiorari protects existing rights but does not decide ownership disputes; the status quo is maintained until final judgment.
IX.	Maintaining Status Quo	Petitioners may seek orders to maintain the status quo in district or high courts, especially concerning civil rights violations under the National Civil (Code) Act, 2074 (2017).

 Disclaimer: This article is for general informational purposes only and does not constitute legal advice, advertisement, personal communication, solicitation or inducement. No attorney-client relationship is created through this content. Gandhi & Associates assumes no liability for any consequences resulting from actions taken based on information contained herein.

 For quick legal assistance:

Phone/Viber/WhatsApp: +977 9709035477

For specific legal advice regarding writ related procedure in Nepal, please contact our office to schedule a consultation with our experts.