A suspect or an accused of an offence is also a human beings and everyone has the right to provided with human rights. While providing human rights, no discrimination must be made on any grounds. A suspect of an offence has also enjoy human rights. The following rights has been provided during criminal proceedings of an offence:
1. Right to Equality before the Law and the Court: Article 18 of the constitution provides right to equality. Article 18(1) has stated that all citizens shall be equal before law and no person shall be denied the equal protection of law. Similarly, Article 18(2) has stated that No discrimination shall be made in the application of general laws on any grounds.
2. Right to consult with lawyer: Right to consult with lawyer has been protected by Constitution of Nepal under Article 20(2) of fundamental rights of citizens. A person who is arrested have the right to consult with lawyer or advocate of his/her choice from the time of arrest and defended by his advocate. Any consultation made by such person or advice given by his advocate must be secret.
3. Right to be informed of the charges: An accused has the right to be informed promptly and in detail in a language in which he or she understands of the nature and cause of the charge against him or her. Article 20(1) of the constitution states that no person shall be detained in custody without informing him or her of the ground for his or her arrest.
4. Right to heard before court: A suspect who is arrested under any charges must be produced befo court for hearing. Article 20(3) of the Constitution states that any person who is arrested must be produced before the adjudicating authority within twenty four hours excluding the time of journey from the place of arrest to such adjudicating authority.
5. Presumption of innocence: A suspect who has arrested under any criminal charges must be presumed innocent until proven guilty. Article 20(5) of the Constitution and Section 12 of the Muluki Criminal Code has mentioned that every person charged with an offence shall be presumed innocent until proved guilty of the offense.
6. Right to silence: Right to remain silence is protected by Article 20(7) of the Constitution and Section 11 of Muluki Criminal (Code) Act, 2074. The accused has right to stay silent on any matter in the process of investigation conducted against him. He may not be compelled to testify against himself or herself or to confess guilt. No negative inferences may be derived from a person’s failure to testify against himself or herself or to confess guilt.
7. Right to Information of proceedings taken against him: The accused of offense has the right to get information of proceedings taken against him. This right has been guaranteed by the constitution as fundamental rights of suspect. Article 20 (8) of the Constitution states that every person shall have the right to be informed of any proceed taken against him or her.
8. Right to fair trial: A suspect who has been arrested for any charges have the right to fair trial by an independent, impartial and competent court or judicial body. This is also the natural principle of justice. This right has been secured by Article 20 (9) of the Constitution and Section 10 of the Muluki Criminal Code.
9. Right to Freedom from Coercion, Duress, Threat, Torture, or Cruel, Inhuman, or Degrading Treatment: All persons have the right to be free from any form of coercion, duress, or threat of duress. All persons have the right to be free from torture, threat of torture, or any other form of cruel, inhuman, or degrading treatment or punishment.
10. Right to interpreter: A suspect or an accused has the right to the free assistance of an interpreter if he or she cannot understand or speak the language used in court.
11. Right to free legal aid: A suspect or an accused of an offence has the right to get free legal aid if he cannot have capacity to keep his own defense lawyer. Right to free legal aid is provided by the Constitution of Nepal under Article 20(10).