Is It Possible to Investigate ‘Bale’ in Nepal over Rape Allegations Made in the US?

March 23, Kathmandu – A team from the District Police Office, Kathmandu, arrested comedian Sagar Lamsal, popularly known as ‘Bale,’ on Friday night from Budhanilkantha. At the time of his arrest, Bale was facing serious allegations. A young woman residing in the United States had accused him on social media of rape. The woman, who claimed to know Bale personally, alleged that he forcibly assaulted her after coming to her room. Following these grave accusations and subsequent media coverage citing the victim, the Kathmandu police initiated an operation called Safety Kathmandu, which led to Bale’s arrest. That night, the Kathmandu police detained 195 individuals, including Bale. However, since Saturday was a public holiday, Bale’s custody was extended on Sunday. The police clarified that the extension was granted not for the rape allegations but on grounds of misbehavior, with the District Administration Office authorizing five days of police detention for investigation. Currently, Bale is held in the police custody facility at Bhadrapur, Kathmandu.

Despite the serious rape allegations made by the woman and Bale’s swift arrest, the police issued a statement denying the claims related to rape. According to SP and spokesperson Pawan Kumar Bhattarai of Kathmandu Police, the investigation ongoing pertains only to the charge of misbehavior. The statement urges the public to refrain from spreading misinformation regarding the case. The police have indicated that an investigation based on extraterritorial jurisdiction is possible. According to police sources, should the victim file an official complaint, the investigation would proceed accordingly. However, no formal complaint has yet been received from the victim or her family. “Once a complaint is lodged, the investigation will move forward,” a police source stated.

The police have further clarified that although the rape allegations involve an incident allegedly committed in the United States, an investigation can still be conducted from Kathmandu. The Criminal Code of Nepal, 2074 (2017), for the first time, includes provisions for extraterritorial jurisdiction. Article 1, Section 2 of the code stipulates that crimes committed outside Nepal are considered as if committed within Nepal, and legal action can be taken accordingly. Clause 3 of the same section explains that if a Nepali citizen commits crimes such as murder, conspiracy, maiming, abduction, unlawful detention, or rape against another Nepali citizen outside Nepal, it will be treated as if the crime took place within Nepal, allowing for prosecution there. Based on these provisions, the police in Kathmandu can progress with investigating Bale.

Former Deputy Attorney General Gopal Rizal agrees that the extraterritorial application of the Criminal Code, 2074 is possible for some offenses. However, he notes that this is only applicable if the country where the incident occurred has not already initiated legal proceedings against the individual. “An individual cannot be prosecuted twice for the same offense in two countries,” Rizal explains. “If the country where the crime took place has begun prosecution, then Nepal cannot pursue the case further under the principle of double jeopardy.” Thus, if Bale is investigated and prosecuted in Kathmandu, the case cannot be tried again in the United States. Rizal further explains that gathering evidence and factual data to be used in prosecutions outside Nepal generally must be done in that foreign country, often requiring mutual legal assistance or similar arrangements between the two countries. He adds, “If it is not feasible to travel to the crime site, investigation must proceed from where the suspect resides.” Article 2 of the Criminal Code, 2074 anticipates extraterritorial jurisdiction in rape cases. Since rape is legally recognized as a crime under US law as well, should the Nepali victim choose to pursue legal remedies in Nepal without advancing US legal processes, an investigation could proceed in Nepal. Authorities also recall a precedent where extraterritorial jurisdiction was used to investigate a murder case involving Nepalese workers in Malaysia.

In that case, 40-year-old Dhanbahadur Pradhan from Shivsatakshi Municipality-3, Jhapa, was murdered in Malaysia. The murder accused was Anil Kumar Sah, a 24-year-old Nepali also working there in the same company in Gaushala Municipality-5, Mahottari. Pradhan was Sah’s supervisor and they often had disputes over work matters, which resulted in Sah killing Pradhan on November 17, 2023 (2 Mangsir 2080 in Nepali calendar). Sah was arrested upon returning to Nepal on January 14, 2024 (30 Poush). SP Kumod Dhungel of the District Police Office Kathmandu, who investigated the case, explained that the investigation involved collecting evidence through various means including the Malaysian police’s forensic reports, Interpol cooperation, video conferencing eyewitness statements, and the accused ultimately confessing.

Given the global dispersion of the Nepali diaspora, with significant populations in Europe, the US, and the Gulf countries, challenges have arisen in investigating and resolving such cases, prompting repeated demands for the appointment of police liaison officers abroad. Establishing police attachés in countries with dense Nepali populations facilitates coordination with local law enforcement and other concerned entities to address legal and security issues Nepali nationals face overseas. So far, Nepal has only posted police attachés in India but none elsewhere. Experts note that having police liaison officers in the US would simplify direct communication with the victim in such cases, enable collaboration with US police, and streamline the transfer of investigative materials such as crime scene reports to Nepal. This enhances the feasibility and efficiency of legal proceedings and victim support.

Inspector General of Police Dhan Bahadur Karki also emphasized the need for police attachés in countries with large Nepali populations during his address at the Ministry of Home Affairs on November 13, 2023 (27 Kartik). He stated, “Given the vast contribution of Nepalis abroad to national economic development and the necessity of their security and emergency preparedness, the government is expected to prioritize and implement the deployment of police attachés in such countries.” The Nepal Police have repeatedly urged the establishment of police attachés in the Gulf countries, the United States, China, and several European nations, though implementation is pending.