Nepal Proposes ‘Virtual Jail’ System, GPS Tracking for Prisoners Under New Draft Law
असार १२, २०८३ १९:१
Kathmandu. The government has proposed introducing a 'virtual jail' system as part of a major technology-driven reform of Nepal's justice system. The Ministry of Law, Justice, and Parliamentary Affairs has included provisions in a draft bill to amend the Criminal Offense (Sentencing and Execution) Act, 2017, allowing eligible offenders to serve their sentences under electronic monitoring.
Under the existing law, courts cannot order convicted individuals to serve their sentences at home while being monitored electronically. However, if the proposed amendment is enacted, eligible prisoners in Nepal will be able to complete their sentences outside prison while wearing GPS-enabled electronic monitoring devices.
The draft introduces a new Section 28A (1), authorizing courts to place convicts under electronic monitoring where appropriate. It also proposes an amendment to Section 40, ensuring that the period spent outside prison under electronic monitoring is legally counted as time served in imprisonment.
Geo-Fencing and Virtual Boundary Arrangements
The proposed legislation also seeks to formally introduce the concept of geo-fencing into Nepal's justice system, allowing authorities to confine offenders within designated virtual boundaries using location-tracking technology.
According to Section 28A (3) of the draft bill, courts must specify the limits and conditions of electronic monitoring after considering factors such as the convict's age, physical and mental condition, and overall behavior. Under this system, a prisoner's home or another designated location would serve as a virtual boundary (geo-fence), while authorities monitor the individual's real-time location.
The bill also proposes strict penalties for violating the system. Under Section 28A (4), anyone who tampers with the electronic monitoring device or crosses the court-designated virtual boundary would face an additional one year of imprisonment on top of their original sentence.
'Pay-to-Use' Model, Offenders to Bear the Cost
The draft bill also proposes that offenders themselves bear the cost of electronic monitoring.
Under Section 28A (2), convicted individuals placed under electronic monitoring must pay for the tracking device. If an offender refuses to bear the cost, they would instead be required to serve their sentence through conventional imprisonment in a correctional facility.
The Ministry of Law, Justice, and Parliamentary Affairs published the draft bill on June 22, 2026, inviting public feedback on the proposed amendments. The ministry has asked the general public to submit their suggestions within 15 days through its lawfeedback.moljpa.gov.np or via email ([email protected]).
If enacted, the legislation would mark the first time Nepal formally recognizes electronic monitoring devices and geo-fencing in its legal framework, representing a significant step toward integrating technology into the country's criminal justice system.
However, the proposal has also raised concerns among legal and technology experts. Critics argue that requiring offenders to bear the cost of electronic monitoring devices could make the system accessible only to financially well-off prisoners, creating inequality in its implementation.
Experts have also stressed the need for the government to develop clear standard operating procedures (SOPs) governing the technology. These include ensuring the reliability of the server infrastructure responsible for continuous monitoring, uninterrupted 24/7 electricity and internet connectivity, and robust safeguards to protect the privacy and security of prisoners' real-time location data. They argue that addressing these technical and legal issues will be essential before the proposed electronic monitoring system can be implemented effectively.
पछिल्लो अध्यावधिक: असार १२, २०८३ १९:१
