Niharika case: Why was Shivaraj Shrestha arrested? What is indecent conduct?

KATHMANDU, Aug 19: Shivaraj Shrestha who has been accused in Niharika Rajput’s case was arrested on Tuesday.

However, the police have not been able to clarify the charges against Shrestha. However, police have maintained that he (Shrestha) was arrested on charges of indecent conduct. The security body has also said that they are currently ‘investigating into the case’. 

What is indecent conduct?

According to Section 118 (1) of National Penal (Code) Act, 2017, no person shall enter into a public place or any place where he or she has no legal right to enter into and behave any one indecently or manhandle or annoy any woman, child or person with physical disability in any public place or attempt to do such act.

Likewise, Section 118 (2) National Penal (Code) Act, 2017, a person who commits, or causes to be committed, the offense referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both the sentences. 

It is apparent that Police arrested Shrestha after Niharika re-staged a hunger strike in Kathmandu. Earlier, Shrestha, who was accused of rape, was given a clean-chit. Niharika then demanded a DNA test of her child and Shrestha. It has been learnt that police arrested Shrestha not to allow him to escape after Niharika demanded a DNA test.

However, Shrestha has already maintained that he is ready to undergo a DNA test. Talking to Ratopati, Shrestha earlier said that he will happily accept Niharika as his wife and her child as his son, if his DNA matches.

The police cannot conduct a DNA test without receiving an order from the court. Meanwhile, Niharika has appealed to the Janakpur High Court and demanded a DNA test.