KATHMANDU: Nepal’s prisons are in a state of deep crisis. Built to house around 16,000 inmates, they are now overflowing with nearly 30,000 prisoners, stretching the system far beyond its limits.

Overcrowding has reached catastrophic levels, with facilities holding between two and five times their intended capacity. Nowhere is this more evident than in the Kathmandu Valley, where prisons are bursting at twice their designated size, while in the Madhes region, conditions are even worse, with some institutions crammed to five times their capacity.

The consequences of this neglect are dire. Nepal’s prisons, long notorious for their poor conditions, now teeter on the edge of collapse. Inmates are packed into squalid, airless cells with inadequate sanitation, healthcare, or even basic nutrition. The country’s commitment to prisoner rights—enshrined in the Prisons Act of 2019 and aligned with the UN’s Nelson Mandela Rules—remains largely theoretical. Though the law promises humane detention, access to medical care, and opportunities for rehabilitation, reality tells a different story.

Nepal’s justice system remains wedded to outdated ideas of punishment rather than reform. While the open prison system, designed to integrate prisoners back into society, has been introduced in theory, its implementation has been slow and inconsistent. Infrastructure investment is virtually nonexistent. Political inertia and bureaucratic neglect have left prisons to fester, reinforcing a cycle of crime rather than rehabilitation.

As the number of inmates swells, the failure to act will have consequences beyond prison walls. Without urgent reform, Nepal’s penitentiary system will continue to deteriorate, exacerbating social instability and further undermining public trust in the state’s ability to manage justice. Here’s everything you need to know about Nepal’s prison system:

How severe is the overcrowding problem in Nepal’s prisons?

Overcrowding is a major issue in Nepal’s prisons, with the total inmate population reaching 29,484, which is nearly double the official capacity. Some prisons, particularly those in Kathmandu, are severely overburdened. For example, the Jagannath Dewal Prison, which has a capacity of 2,200, currently houses 3,579 inmates. Similar conditions exist in Nakkhu and Dillibazaar prisons, where the number of prisoners far exceeds what these facilities were designed to hold.

Why is the newly built Nuwakot Prison not operating at full capacity?

Despite being completed at a cost of over 2 billion rupees and having a capacity for 1,370 inmates, the Nuwakot Prison is currently operating at less than half its capacity. Several factors contribute to this situation, including logistical challenges, concerns about transferring sick inmates, and reports of irregularities in its construction. While some prisoners have been moved to Nuwakot from overcrowded facilities, the transfer process has been slow.

Which prisons in Nepal have the highest number of inmates?

The Jagannath Dewal Prison in Kathmandu holds the highest number of prisoners, with 3,579 inmates, including 208 women and 1,692 detainees. Dillibazaar Prison has a total of 633 inmates, while Nakkhu Prison houses 1,381 inmates despite being designed for only 1,000. Other prisons, such as those in Jhapa, Sunsari, Morang, Parsa, and Bhimphedi, also have significant inmate populations.

How many foreign nationals are currently imprisoned in Nepal?

There are 1,514 foreign prisoners in Nepal’s correctional facilities. These inmates come from various countries, including India, Belarus, Pakistan, Zambia, Bhutan, Canada, Bolivia, Burma, and China. Among them, Indian nationals make up the largest group.

What types of crimes are most common among Nepal’s prison population?

The majority of prisoners in Nepal are serving sentences for serious crimes such as rape, drug-related offenses, and homicide. There are currently 5,456 prisoners convicted of rape, including nine women, while 3,259 inmates, including 244 women, are serving sentences for drug-related crimes. The number of inmates convicted of homicide stands at 3,778, and there are also significant numbers of individuals imprisoned for theft and vehicular offenses.

Has Nepal’s prison population increased over the years?

The number of prisoners in Nepal has seen a dramatic rise in recent years. In 2011, the total prison population was 13,068. Over the past 13 years, this number has more than doubled, reaching 29,484. The rapid increase suggests a growing crime rate and a judicial system that relies heavily on incarceration.

Are there districts in Nepal without prison facilities?

Yes, five districts in Nepal—Dhanusha, Bara, Bhaktapur, East Nawalparasi, and East Rukum—do not have any prisons. In contrast, Kathmandu has multiple correctional facilities, including the Central Jail (Bhadragol), Dillibazaar Jail, and Jagannath Dewal Prison.

What is the condition of prisoners in Nepal’s jails?

Many inmates face harsh conditions due to overcrowding. In Jagannath Dewal Prison alone, over 2,200 inmates suffer from various health issues. A significant number of prisoners are elderly, with 439 inmates over the age of 65. Additionally, 83 children depend on incarcerated parents, living inside the prison system under challenging conditions.

What is the status of juvenile correctional homes in Nepal?

Nepal has nine juvenile correctional homes that currently house 1,351 children. The largest of these facilities are located in Banke, Bhaktapur, and Morang. These homes accommodate both male and female juveniles, with 763 male inmates and 16 female inmates currently in custody.

What measures can be taken to reduce overcrowding in Nepal’s prisons?

Overcrowding in prisons can be addressed through several measures. One approach is to fully utilize newly constructed facilities like the Nuwakot Prison to relieve pressure on Kathmandu’s overburdened jails. Expanding non-custodial alternatives, such as community service and open prisons, could help reduce the number of inmates. Additionally, speeding up judicial processes and ensuring fair trials would prevent unnecessary pre-trial detentions. Improving healthcare for prisoners would also facilitate safer transfers to less crowded facilities, easing the burden on overpopulated jails.

Why are Nepal’s prisons overcrowded?

Prison overcrowding in Nepal is a complex issue caused by multiple factors. A major reason is the delayed criminal justice system, where a significant number of detainees are awaiting trial. In Nepal, many inmates are yet to be convicted. The slow pace of court proceedings, backlog of cases, and procedural delays contribute to this problem. Additionally, tougher sentencing laws, an increase in crime rates due to socio-economic factors like poverty and unemployment, and improvements in police and prosecution efficiency have also led to more convictions, further adding to the prison population.

Another major issue is the lack of alternative measures to imprisonment. Nepal’s legal system mainly relies on imprisonment or fines as punishments, with limited options for probation and parole. Additionally, the bail system is inadequate, as courts generally place accused individuals on remand if they face charges carrying more than three years of imprisonment. This results in many pre-trial detainees being held in prison for extended periods.

A unique factor in Nepal’s overcrowding crisis is the issue of fine defaulters. Many prisoners are incarcerated simply because they cannot pay fines imposed by the court. Some choose prison over paying fines, as the law allows them to serve a maximum of four years in prison regardless of the unpaid sum. In civil cases, if a defendant fails to pay a court-ordered amount, the plaintiff can request their imprisonment, adding to the already overburdened system.

What are the consequences of prison overcrowding in Nepal?

Overcrowding in prisons has severe consequences for both inmates and prison authorities. One of the most immediate effects is the lack of space and facilities. Many prisons in Nepal operate far beyond their capacity. This situation is common across multiple facilities, leading to deteriorating living conditions.

The excessive number of inmates also puts a strain on prison staff, forcing them to work overtime with limited resources, leading to stress and lower efficiency. Inmates themselves experience tension and psychological stress, as limited resources result in competition and increased conflicts. The overcrowded conditions also make it difficult to run effective correctional programs, preventing inmates from receiving proper rehabilitation, education, and employment training.
Furthermore, overcrowding leads to human rights violations. Nepal, as a member of the United Nations, is expected to uphold international standards for prisoner treatment. However, when facilities exceed their capacity, basic human dignity is compromised. The United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules) emphasize adequate living space, healthcare, and rehabilitation, but these standards are often unattainable in Nepal’s overcrowded prisons.

What are the possible solutions to reduce overcrowding in Nepal’s prisons?

Prison overcrowding is a serious challenge in Nepal, impacting both inmates and the administration. Addressing this issue requires a multi-faceted approach, combining legal reforms, improved judicial efficiency, and alternative sentencing mechanisms. Several measures can be taken to reduce the strain on Nepal’s prison system.

One of the most effective solutions is the proper use of bail provisions. If statutory bail provisions are exercised correctly, they can significantly reduce the prison population. Many detainees in Nepal’s prisons are awaiting trial, often for non-violent offenses. Expanding bail eligibility, especially for those facing minor charges, would allow more individuals to await trial outside prison, easing overcrowding.

Speeding up the judicial process is another crucial step. A significant portion of Nepal’s prison population consists of detainees whose cases are pending. The backlog of cases in courts leads to long delays in hearings and verdicts. The Judiciary of Nepal has implemented a five-year strategic plan to clear backlogs and ensure timely justice. If such initiatives are further strengthened, trial durations can be reduced, preventing unnecessary incarceration.

Early release programs can also help manage overcrowding. Nepal’s legal system allows for remission and pardons based on good behavior. If a convict serves at least half of their sentence and maintains a positive record, they may be considered for early release. The government periodically grants pardons on national occasions, which helps lower the prison population. Expanding these provisions and granting more frequent remissions could provide additional relief.

Investing in better infrastructure is another long-term solution. Nepal’s prisons were built decades ago, with space and facilities that no longer meet current demands. The government has begun constructing new prison buildings and increasing budgets for facilities, but these efforts need to be expanded. A well-funded prison system with better infrastructure can accommodate inmates more humanely while ensuring security and rehabilitation.

Introducing open prisons can also be a viable option. The Prison Act of Nepal includes provisions for open jails, though this system has not yet been implemented. Under this system, prisoners serving longer sentences and demonstrating good behavior could be transferred to an open jail, where they would have more freedom and work opportunities. While certain categories of criminals—such as those convicted of human trafficking, drug offenses, or corruption—would remain in closed prisons, open jails could reduce congestion in high-security facilities.

Community service as an alternative to short-term imprisonment is another strategy worth exploring. Under Nepalese law, courts have the authority to sentence offenders to community service instead of jail time if their crimes carry less than three years of imprisonment. Expanding the use of this provision would allow non-violent offenders to contribute to society while avoiding unnecessary incarceration.

Additionally, converting short-term imprisonment into fines could be an effective measure. If an offender does not have a prior criminal record and their offense is punishable by less than three years in prison, courts have the option to impose a fine instead. The daily fine rate is currently set at Rs. 25 per day of imprisonment. Encouraging this system, especially for first-time offenders, could significantly decrease the prison population.

Implementing these solutions requires coordinated efforts from the judiciary, law enforcement, and the government. By expanding bail eligibility, ensuring speedy trials, promoting early release, improving infrastructure, introducing open prisons, and utilizing alternative sentencing methods, Nepal can take meaningful steps toward reducing overcrowding in its prisons.

How can Nepal’s legal system adapt to reduce prison overcrowding in the future?

To ensure a long-term reduction in overcrowding, Nepal needs comprehensive criminal justice reforms. This includes revising sentencing policies to reduce excessive imprisonment for non-violent crimes, expanding the use of probation and parole, and investing in rehabilitation programs to prevent repeat offences. Additionally, legal provisions allowing imprisonment for unpaid civil debts should be reconsidered, as they disproportionately affect economically disadvantaged individuals.
Expanding alternative dispute resolution mechanisms, strengthening restorative justice approaches, and improving reintegration programs for released prisoners will also contribute to a more balanced and effective criminal justice system.
By implementing these changes, Nepal can create a fairer, more efficient system that prioritizes rehabilitation over excessive incarceration, ultimately reducing overcrowding in its prisons.

When did the prison system in Nepal begin?

The history of prisons in Nepal began in 1971 with the establishment of the first prison, known as “Sadar Jail.” Today, this facility is known as the Prison Office Kathmandu – Jagannath Dewal.

What are the key laws governing prisons in Nepal?

Prison laws in Nepal have evolved over time. The Prison Act 2019 was enacted to regulate prison management, followed by the Prison Regulations 2020, which were formulated and implemented under Section 27 of the Act. Later, the Prison Act 2079 replaced the previous act, and the fifteenth amendment to the Prison Regulations 2020 has also been implemented.

Why is prison overcrowding a major issue in Nepal?

Prison overcrowding is a serious problem in Nepal, as in many other countries. It results from a combination of factors, including delays in court proceedings, excessive use of pre-trial detention, lack of alternative sentencing options, and limited prison infrastructure.

Is building more prisons the best solution?

No, constructing more prisons is not the most effective solution. Instead, the focus should be on reducing the prison population through non-custodial measures, judicial reforms, and alternative sentencing.

Who is responsible for solving the issue of Prisons overcrowding?

Addressing this issue requires collective efforts from multiple stakeholders, including the police, public prosecutors, judiciary, legislative, correctional authorities, and society as a whole. Each has a role in ensuring that imprisonment is used as a last resort.

Why is it important to prioritize non-custodial measures?

Human rights standards emphasize that imprisonment should only be used when absolutely necessary. Over-reliance on incarceration leads to social and economic burdens. Alternatives like community service or rehabilitation programs ensure justice while preventing overcrowding.

What is an open prison, and how can it help?

An open prison is a system where selected prisoners—particularly those with good behavior—are placed in a less restrictive environment. They are allowed to work and reintegrate into society while serving their sentence. This model can significantly reduce congestion in closed prisons.

What approach should Nepal take to address prison overcrowding?

Nepal must implement a combination of legal reforms, efficient court procedures, and alternative sentencing options. Given Nepal’s legal framework, expanding the use of open prisons and community service could be among the most effective solutions.

How is prison management organized in Nepal?

To strengthen prison administration, the Department of Prison Management was established on July 17, 1993, under the Ministry of Home Affairs. It oversees policy and administrative management of prisons across Nepal, ensuring efficiency and effectiveness in the system.

How many prisons are there in Nepal?

Nepal has 75 prison offices in 72 districts out of a total of 77 districts. However, there are no prison facilities in Dhanusha, Bara, Bhaktapur, East Nawalparasi, and East Rukum. Some districts, such as Banke, Dang, and Kathmandu, have multiple prison offices. Banke has prisons in Nepalgunj and Naubasta, Dang has facilities in Ghorahi and Tulsipur, and Kathmandu has two major prisons at Jagannath Dewal (Sundhara) and Dillibazaar (Charkhal).

Who is responsible for prison management at the district level?

At the local level, the Chief District Officer (CDO) holds general responsibility for managing and overseeing prison administration.

Is there an open prison system in Nepal?

Yes, Nepal has recently introduced the open prison system in Nuwakot. After over a decade of discussion, the country formally launched its first operational open prison six months ago.
However, the first open prison facility was actually constructed in Ganapur, Ward No. 6 of Janaki Rural Municipality, Banke district. That 37-room prison remains non-operational due to the absence of necessary procedures to run it.
An open prison is a correctional facility where eligible inmates are allowed to leave the premises and work outside under minimal supervision. This system prioritizes rehabilitation over punishment, offering prisoners a chance to reintegrate into society.

When and where was Nepal’s first open prison established?

Nepal’s first open prison was inaugurated on August 31, 2024, in Nuwakot. It was set up at Khampa Camp in Bidur Municipality-6, where 147 inmates were relocated from the Nuwakot prison.

What legal provision supports open prisons in Nepal?

The concept of open prisons in Nepal is based on Article 28 of the Criminal Offences (Sentencing and Execution) Act, 2017. Although the Act introduced this provision, it took eight years for the concept to be implemented in the country.

How do open prisons function?

Open prisons allow inmates to leave the facility and engage in work outside for a specified period. The time they spend working is deducted from their sentence. However, if they violate the terms of their placement or commit a new crime, they are sent back to a traditional prison and may face additional penalties.

Which countries have open prisons?

Many countries have implemented open prisons, including India, the United Kingdom, Germany, Indonesia, and the Philippines. India, in particular, has several open prisons, with Tihar Jail being one of the most well-known.

Who is eligible to be relocated to an open prison in Nepal?

Only inmates who have completed at least two-thirds of their sentence and have a record of good conduct are eligible for relocation. The decision is made by a district court judge based on a recommendation from the prison chief. Prisoners who are still awaiting a full court verdict, are in pre-trial detention, or have not been able to post bail are not eligible. Those serving short sentences also do not qualify.

Can any prisoner be transferred to an open prison?

Not all prisoners can be transferred. Inmates convicted of serious crimes such as murder, rape, bank heists, arson, hostage-taking, drug trafficking, human trafficking, or enforced disappearances are not eligible for open prisons. These facilities are designed for prisoners convicted of minor offenses.

What are the benefits of open prisons?

The open prison system focuses on rehabilitation by allowing inmates to work and reintegrate into society. It helps reduce recidivism by offering a less stressful environment, improving mental health, and providing opportunities for a more positive lifestyle. Prisoners who undergo this system are more likely to become productive members of society after completing their sentences.

Can political or influential prisoners misuse the open prison system?

There are concerns that politicians, bureaucrats, and other influential figures currently in prison may try to pressure the government for relocation to an open prison. To prevent such misuse, the government must ensure that strict eligibility criteria are followed, and that the system is implemented fairly and transparently.

How do open prisons help reduce crime in society?

By shifting the focus from punishment to reform, open prisons help prisoners reintegrate into society without carrying the stigma of incarceration. This approach reduces the chances of former inmates reoffending and challenges the negative perception of ex-prisoners. However, for those who repeatedly commit crimes, the legal system must take strict action to protect society.

What happens if an inmate violates the open prison rules?

If an inmate fails to comply with the terms of their placement or commits another offense, they are immediately sent back to a traditional prison to serve their remaining sentence. Additional penalties may also be imposed, depending on the nature of the violation.

Is Nepal’s open prison system sustainable?

Open prisons represent a progressive approach to incarceration, but their success depends on strict regulations and fair implementation. Ensuring that only eligible prisoners are transferred and maintaining proper monitoring mechanisms will be essential in maintaining the credibility and effectiveness of the system.

What role does the Department of Prison Management play?

The Department of Prison Management is responsible for supporting policy development and administrative management of prisons. It ensures that prison operations align with legal frameworks and best practices, improving overall prisoner management across Nepal.