Small arms used in Nepal

http://www.unrcpd.org.np/uploads/conferences/file/Nepal%20Session%20III.pdf

Country paper of Nepal for Regional Seminar on Enhancing International & Regional Cooperation to Prevent, Combat and Eradicate Illicit Brokering in Small Arms and Light Weapons in South Asia and Central Asia (17 - 18 June, 2009)

Background

Small arms and light weapons (SALW) have been a major problem in Nepal. In the present transitional period, it has become a main hurdle against the peace process posing threat to the internal security of the country. The exploitation of SALW in criminal activities has increased in the recent years, particularly in the capital and Terai. Civilians are becoming more vulnerable to attack by armed groups and criminal gangs. The easy access to small arms has led to an increasing number of killing, abduction, extortion and attacks. More than 100 armed groups have emerged in the recent couple of years mainly in terai and few other are

operating in hilly region of Nepal.

Name of some armed groups in Nepal

1. Akhil Tarai Mukti Morcha (Gohit),

2. Janatantric Tarai Mukti Morcha ( Jwala Singh)

3. Samyukta Janatantric Tarai Mukti Morcha (Pralad Giri)

4. Janatantric Tarai Mukti Morch (Rajan Mukti)

5. Janatantric Tarai Mukti Morcha (Prithivi Singh)

6. Tarai Cobra (Rameswor Prasad Singh@Nagraj)

7. Madhesi Mukti Tigers (Rajan)

8. Madhesi Virus Killers (Jaya Prakash Yadav)

9. JFP Ranabir Sena, Nepal (Bhagirat Singh,Army Commander)

10. Nepal Defence Army (Ram Prasad Mainali@Pariwartan)

11. Tarai Army (@Mr.Sagar)

12. Tarai Rastriya Mukti Sena (Akas Tyagi)

13. Rastriya Mukti Sena (Mohan Karki)

14. Liberation Tiger of Tarai Elam, LTTE (Ram Lochan Yadav)

15. Hindu Sena Nepal

16. Madhesh Niyantran Samuha (Control of Tarai ), Biru Dev.

17. Janajagaran Sangharsasil Morcha (Sajan Mahara)

18. Madesh Rastra Janatantric Party (Krantikari), Ram N.Mahato @ Sandesh

19. Janatantric Tarai Mukti Morcha (Himmat Singh)

20. Madeshi Special Force (Sakal)

21. National Army Nepal (Sangram Singh)

22. Tarai Bagi

23. Tarai Commando League (Bikranta Biyogi)

24. Madeshi Rastriya Mukti Morcha (Sambhu Mandal)

25. National Republic Army Nepal (Krantideep)

26. The republican Madesh Organization

27. Kirat Janabadi Workers Party (Khadga Dewan)

28. Rajdhani Tigers (Rakesh)

29. Sangiya Tamang Saling Swayitta Parisad (Mani Pakhrin)

30. V.C. Group (Maila gurung)

31. Mangol Revenge Group

32. Defense Nepal of Trishul Sena (Surjit)

33. Bhisan Himali Tiger (Target)

34. Limbuwan Mukti Morcha

35. Khumbuwan Mukti Morcha

36. Khumbuwan Democratic Front

37. Limbuwan Rastriya Mukti Morcha

38. Kirat Loktantrik Limbu Sangh

39. Sangiya LImbuwan Rajya Parisad

Note :-, Jnantantrik Tarai Mukti Morcha (Jwala group) & Madeshi Mukti Tigers were united and formed Janatantrik Madhesh Mukti Tiger on 2066.01.26

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Salient features of the seized weapons and arrested persons

Comparatively, the number of persons arrested shows remarkable increase in the following consecutive fiscal years (more than 90% each year) Most of the persons arrested for illegal possession of SALW are from the Terai. According to the region, the majority of such arrests is confined to Mid Region. Statistically, in the recent fiscal year 234 were arrested in Mid region, 193 in East, 400 in Valley, 80 in West, 59 in Midwest and 11 were arrested in Far west.Likewise, seizure of SALW is increasing remarkably every year (more than 90% each year)Most of the SALW seized are from the Terai. According to the region,major proportion of such seizure is done in Mid Region. Statistically, 132

seizures were made in Mid region, 78 in East, 43 in Valley, 34 in West, 22 in Midwest and 8 were seized in Far west. Exploitation of SALW has emerged as a new criminal trend in Nepal.Emergence of different armed groups and availability of small arms in border area are the main causes for the surge in criminal and terrorist activities in the Terai.SALW are mainly employed in kidnapping, extortion, dacoit and murder. The use SALW is increasingly detected in other crimes also. Almost all of the seized SALW are home-made and semi-factory made types. Sources are illegal production and illegal market.

Nepalese legal provisions regarding the prevention and eradication of illicit brokering of SALW.Arms and Ammunition Act, 2019 (AD 1963)

Salient features of the Act

The definition of the act covers the all kinds of small arms ammunitions like

Machineguns, Cannon, Rifle, Pistol, Revolver, Grenade, Detonator, Safety

fuse, Gunpowder and any kinds of explosive materials. (Section -2)

The Act has forbidden to import or export or possess, store, manufacture or

improvising and sale or purchase of all kinds of arms and ammunitions

without license. (Section -4,5)

Police (excluding the ranks below Assistance Sub-Inspector) can search,

seize or arrest without any warrant if there is a ground to believe that there

is any suspected activity (ies) related to crime under this act. (Section -6)

CDO (Chief District Officer) has the right to cancel or postpone the license

under his/her jurisdiction; likewise, the government has the right to cancel

or postpone the license in the certain area of country. (Section -11)

CDO (Chief District Officer) has the right to search and seize weapons if

he/she deems that there is weapon without any license with any person or in

the place within his/her jurisdiction. (Section -12)

The Government has the right to seize the weapons at any time irrespective

of their issuance with license in the name of public security. (Section -13)

The Government can declare that no person can keep any kind of weapons

or ammunition in certain place by publishing in Nepal Gazette. (Section -8)

Weapon should be deposited in the local police station in case of expiry or

cancellation of license or by the order of the government to deposit the

weapons. (Section -9).

The Act has given the authority to CDO (Chief District Officer) to hear and

decision of the case. There is provision of appeal in appellate court.

(Section 24)

Provision of reward: The informer receives financial reward from the fined

money (25% for government employee and 50% for other people).

Punishment:

Section 20

Any person shall be punished as 7 years of imprisonment or Rs. 50,000 fine

or both, who is involved in making, improvising, repairing, keeping, selling

or carrying Cannon or Machine gun .

Likewise, any person shall be punished as 3 years to 5 years of

imprisonment or fine of Rs. 5,000 to 25,000 or both, who involves in

keeping, making, repairing, improvising, selling, carrying, of arms without

any license or beyond the terms & condition of the license like wise who

violet the section 8(forbidden of possession of any kinds of weapon) and 9 (

the order of the government to deposit the weapon)

Likewise, Any person shall be punished

6 months to 3 years of

imprisonment or Rs. 5000 to 15,000 fine or both, who involves keeping,

making, repairing, improvising, selling, carrying, of ammunitions /

explosive initiator without any license or beyond the terms & condition of

the license

Section 21

Any person shall be punished 6 months to 3 years of imprisonment or Rs.

5000 to 15,000 fine or both, who gives, transfers or buys weapon with

unauthorized person.

Likewise, Any person shall be punished 2 months to 6 months of

imprisonment or Rs. 1000 to 5,000 fine or both, who gives transfers or buys

ammunition/ explosive initiator with unauthorized person.

Section 24 Ka

According to the section, the offence against this Act is non billable. The

accused should be under judicial custody during case hearing.

Silent features of the regulation

Provision of license: license must be taken to keep, to carry and to use

the following arms and ammunition for the purpose of self defense and

hunting

o 12, 16, 20, 410 Bore gun

o Muzzle loaded gun

o Air gun

o .22 caliber rifle (section - 3.1)

License will not be given any types of gun, pistol or revolver other than

mentioned above

(section - 3.2)

Number of weapons that can be keep:

Not more than 3 for one person

Not more than 6 for joint family

Not more that 6 for diplomatic facility holder

Application for license

Application should be given to Chief District Officer (CDO). CDO could

provide the license after the investigation of applicant. But for the license

of selling of arms and ammunition and production of arms ammunition

CDO have to take approval from the government.

Amount of ammunition:

Section 8 of the regulation has restricted the amount of ammunition that

can be keep or buy to the license holders.

Date:- 17 June, 2009