Criminal law in Bhutan

The main legal framework consists of the Penal Code of Bhutan 2004 with amendments from 2011 and 2021, the Civil and Criminal Procedure Code 2001 with amendments from 2011 and 2021, the Evidence Act 2005 and sector-specific criminal laws. The Constitution protects equality, the presumption of innocence, freedom from torture and fair, transparent and expeditious justice. Capital punishment is constitutionally excluded, and the judiciary is independent. Dzongkha prevails if a language discrepancy affects the legal text. Bhutan classifies offences by the possible imprisonment range. A felony carries at least three years of imprisonment. Felony 1 carries at least 15 years and may extend to life imprisonment; felony 2 carries at least 9 years but less than 15 years; felony 3 carries at least 5 years but less than 9 years; and felony 4 carries at least 3 years but less than 5 years. A misdemeanour carries at least one year but less than three years, a petty misdemeanour at least one month but less than one year, and a violation carries no imprisonment. A report can be made to the Royal Bhutan Police, abbreviated RBP, or to another public authority where appropriate. The police record the complaint and begin a preliminary investigation. A crime report can lead to a court-issued warrant. The usual pathway is police investigation, review by the Office of the Attorney General or its Prosecution and Litigation Division, charge, preliminary hearing, remand or bail, plea bargain or criminal trial, judgment, sentencing and enforcement or appeal. Bhutanese legal counsel is called a Jabmi. A person under questioning must receive information about the right to consult a Jabmi, and a statement must be voluntary and signed. Police may not arrest arbitrarily or use torture or cruel, inhuman or degrading treatment. Officers should inform the arrested person of the charge and notify family or a guardian as soon as reasonably possible. A court must receive the arrested person at least within 24 hours, excluding travel time and government holidays. Bail depends on the charge, criminal record, flight risk, public-safety threat, age, health and the victim’s view. A court may release an indigent person or someone posing little risk without a bond; where a bond is required, it is generally 10% to 30% of the surety’s income and may include territorial, availability and witness-protection conditions. Evidence may be testimonial, documentary, electronic, physical or expert evidence. Electronic records and electronic signatures can have the same evidentiary standing when their integrity and security are established. The prosecution must prove guilt beyond reasonable doubt, and a person cannot be tried twice for the same offence. Plea bargaining allows a person to waive a trial after understanding the charge, possible penalty and consequences; the prosecution can withdraw when compelling evidence is insufficient. Courts may impose imprisonment, probation, fines, compensation, damages, restitution, confiscation, forfeiture, licence cancellation, community service, diversion or rehabilitation. Sentences may run concurrently or consecutively, and time spent in pre-trial detention is credited. Courts can order restoration of property and repayment of losses. For certain death, permanent-disability, partial-disability and bodily-injury cases, the 2021 amendments provide compensation ceilings linked to years of minimum-wage-based payment and related costs. The RBP investigates general crime, traffic, narcotics, forensic and women-and-children cases. Its Criminal Investigation Department handles serious or unresolved cases. The Office of the Attorney General reviews cases, decides on charges and prosecutes; courts conduct trials and impose sentences; and the Prison and Juvenile Enforcement Division handles enforcement, compensation, restitution, seized property and diversion. The National Commission for Women and Children can receive complaints, provide counselling and legal advice, and coordinate shelter or other support. Its Women and Child Helpline is 1098 and operates 24 hours a day; the RBP emergency number is 113 and the traffic number is 111. Children under 12 have no criminal liability. A child in conflict with the law is generally a person older than 12 and younger than 18. The Child Care and Protection Act 2011 provides special assessment, investigation, detention, adjudication and disposition rules, with parental or guardian and Jabmi participation. Courts may use cautioning, home release, probation, diversion, rehabilitation and reintegration, while separating children from adults as a protection measure. Drug offences are governed chiefly by the Narcotic Drugs, Psychotropic Substances and Substance Abuse Act 2015 and its 2018 amendment. The law regulates controlled substances in Schedules I to VII and covers possession, use, trafficking and precursor conduct. The RBP Narcotics Drugs and Other Vice Division and Narcotics Drugs Law Enforcement Unit handle relevant investigations, while diversion and rehabilitation can be relevant for young or first-time drug cases under sentencing guidance. Traffic offences include speeding, drink-driving, reckless or unlicensed driving, mobile-phone use, seatbelt breaches, parking and vehicle or document violations. Traffic notices can lead to penalty units, licence or vehicle measures, and an objection generally must be filed within seven days under the applicable law. Cyber offences include unlawful interception or access to electronic communications, hacking, altering or destroying data, spreading viruses and unlawful possession of computer materials. The RBP Cybercrime Investigation Unit investigates criminal cases, while BtCIRT provides national incident-response functions. Incident response does not itself replace a criminal prosecution. There is no general criminal filing fee verified in the available primary sources, and Jabmi or private-firm fees are not set by one uniform official tariff. Statutory fines and penalty units depend on the offence and the applicable Act.