The open border
Under the India–Nepal Treaty of Peace and Friendship, 1950, citizens of Nepal may enter and stay in India without a visa, and the border at places such as Raxaul in East Champaran sees heavy daily movement. A Nepali citizen arrested in India is nonetheless subject to Indian criminal law in the same way as anyone else, and is tried by the Indian court with jurisdiction over the place of the offence.
Cases that commonly arise at the border
- Liquor cases under the Bihar Prohibition and Excise Act, 2016
- Narcotics cases under the NDPS Act, 1985
- Smuggling and customs offences
- Fake Indian currency notes
- Offences arising from road accidents and disputes in border markets
Bail and the question of sureties
The main practical difficulty is usually the surety. Courts generally ask for sureties who live within the court's jurisdiction, so that they can be found if the accused does not appear. Relatives or acquaintances living in Bihar often stand surety; where that is not possible, the court may be asked to accept a cash security or other conditions. The principle in Frank Vitus v. Narcotics Control Bureau (2024), that bail cannot be made to depend on an assurance from the accused's embassy, applies equally to Nepali citizens.
Identity and documents
Because no visa is needed, a Nepali citizen may not be carrying a passport. Citizenship certificates, voter identity cards or other identity documents issued in Nepal are often relied on to establish identity for bail, and the court may require them to be verified.
Consular access
A Nepali citizen arrested in India may ask that the Embassy of Nepal in New Delhi, or its consulate, be informed, and family members can contact the embassy directly. This does not delay or replace the bail process in court.
Where to seek bail
Bail is sought first before the court that has the case, usually at Motihari or the sub-divisional court, and then before the Sessions Court and the Patna High Court. Liquor and NDPS cases carry their own conditions, which are discussed in the related articles.
Frequently asked questions
Can a surety from Nepal be accepted?
Courts usually prefer sureties within their jurisdiction. Whether a surety from Nepal, or another arrangement, will be accepted is at the court's discretion in each case.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.