The Ministry of Law, Justice and Parliamentary Affairs has prepared to put an anticipatory bail provision in the law. The Ministry is doing its homework to include the provision of advance bail in the amendment bill of the Code of Criminal Procedure-2074.

The Criminal Code is going to be amended to correct various practical problems in the criminal justice system. An official of the ministry said that the bill to amend the code is being prepared to improve the practice of 'first arrest and listen only'. According to him, reforms are being prepared in the law to discourage the current practice of arresting a person and bringing him to prison, to listen to him and to proceed with the investigation.

Provision of advance bail is going to be put in the law for that . Similarly, looking at the nature of the case, the provision of calling the accused to appear first and arresting him only if he is absent has also been tried to be added. The official said that if there is a suspicion of arrest or if the arrested person does not hinder the investigation or escape, the provision of getting anticipatory bail from the court's order is prepared to be amended in the Criminal Code. The Ministry is working fast on the draft of the Criminal Code Amendment Bill to be taken to the Parliament in the current session.

The ministry has already held a discussion with the attorney general and the chief whips of the political parties in the parliament. 

Law Minister Ajay Kumar Chaurasia has been saying that there is a need for advance bail even in a formal forum. A while back, he said in a meeting of the Law, Justice and Human Rights Committee of the House of Representatives that there should be a provision for anticipatory bail in Nepal's law.

The system of anticipatory bail is in practice in neighboring India . Minister Chaurasia said that the provision of advance bail is being discussed. Most democratic countries in the world have a system of advance bail. "We don't have practice," he said, "We are in discussions." After consultation with the stakeholders, discussions with the Prime Minister and party leaders, we will come to a conclusion . Where practical problems have arisen during the implementation of the Criminal and Civil Codes, studies are being conducted.'

There has been a demand for a legal system of advance bail in Nepal since long ago, mainly from the private sector. They have formally requested the government several times to correct the style of 'first arrest and listen'. Organizations including Federation of Commerce and Industry, Confederation of Nepal Industry have been making this demand.

If a person suspects that he is being arrested for a criminal offense, he can approach the court asking for advance bail so that he is not arrested. The court may grant anticipatory bail to the concerned person if it deems fit. In such a situation, the police have to investigate the case without arresting him.

The Civil Crime Code, Civil Criminal Procedure Code and Criminal (Determination of Punishment and Execution) Act came in 2074, improving the criminal laws in practice in the past. All these three laws are the basic structure for the criminal justice system. The government has also received suggestions from various agencies for the improvement of criminal justice administration. It has been more than 5 years since Sahinta was implemented. The ministry is preparing a draft of the Sahinta Amendment taking into account the difficulties faced by the common citizens during its implementation, and some orders from the court.

The criminal justice administration reform study and suggestion working group formed by the government under the coordination of the Attorney General has pointed out various aspects of reforming the existing law in the report submitted last June. The report has also suggested various reforms to discourage the act of "arresting". The need for improvement in the practice of arresting generals as soon as the complaint is registered has been pointed out. Even in the case of making a false report, people are arrested and the honor and reputation of the concerned person is hurt, so it has been suggested to amend the law . In the case of crimes other than serious crimes, the report suggests that the police should send a notification to the concerned person to appear first in the law. 

It is said in the report that arrest should be made only in the case of non-attendance even when the information is given. Similarly, the Ministry has received a report containing various suggestions from the Supreme Court regarding the reforms to be made in the Code. For the improvement of tolerance, the police headquarters, Nepal Bar Association and other bodies have also made various suggestions. have given .

Joint Secretary Komal Bahadur Khatri, the spokesperson of the Ministry, said that the draft of the Criminal Code Amendment Bill is being worked on based on the suggestions and reports received from various agencies. He mentioned that during the preparation of the draft, various issues from advance bail are being discussed .