The National Council is calling for stricter sentencing for crimes such as battery, kidnapping and arson. During today’s deliberation on the Penal Code (Amendment) Bill of Bhutan 2025, the MPs said tougher penalties will deter such cases and ensure public safety. The Council’s Legislative Committee has recommended raising these offences to higher sentencing, moving them into misdemeanours and felonies.
Kidnapping will now be treated as a first-degree felony, which means the offender could face 15 years to life in prison. And if the victim is voluntarily released safely before rescue, the crime is considered a fourth-degree felony, with a sentence of three to five years.
Currently, kidnapping carries a sentence of nine to fifteen years. And it is a third-degree felony if the victim is voluntarily released safely before rescue.
On negligent burning or exploding, the offence will be treated as a misdemeanour, meaning the offender could face one to three years in prison.
However, Eminent Member Kesang Chuki Dorjee said the offence should have a higher sentencing.
“It is my recommendation that the offence be increased to a fourth-degree felony. The committee may have its own reasons, but this issue causes serious problems for the country and the penalty needs to reflect that,” said Kesang Chuki Dorjee, Eminent Member, National Council.
“The current law is a bit lenient; people might think it is acceptable to commit such offences, which can lead to negligent burning or exploding. If we tighten the law, it will discourage people and make them think twice before doing this. I am in full support of increasing the sentencing,” said Tshering, Gasa, MP, National Council.
In response, the committee said that similar offences already carry additional penalties under other laws and increasing this one further might place too heavy a burden on the offender.
“When we amended the Forest and Nature Conservation Act, this issue was also discussed. The discussion highlighted that while the Penal Code of Bhutan grades the offence of negligent burning or exploding, it does not align with the Act, which states that an individual must pay a fine. We were informed that the authorities will enforce the fine under the Act, while the Penal Code allows for imprisonment,” said Ugyen Tshering, Member, Legislative Committee, National Council.
Meanwhile, the legislative Committee’s new recommendation on gang-related battery was directed back to the committee for an internal review.
The committee had classified such a type of battery as a misdemeanour, which carries a sentence of one to three years. But if weapons are involved or if it disrupts public peace, it would be considered a fourth-degree felony, with a sentence of three to five years
The Bill, along with the Legislative Committee’s final recommendations, is scheduled for adoption on 23rd December.
Tashi Dekar
Edited by Sonam Pem
