chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Criminal Procedure Code, 2017

152. Body responsible for execution of judgment: (1) Regardless of the level of court that rendered the judgment in a case, the execution of the judgment in such case shall be carried out by the District Court where the indictment or complaint was filed.

(2) The execution of a judgment in a case where the appellate court conducted original proceedings and decided shall also be carried out by the concerned District Court.

(3) Notwithstanding anything written elsewhere in this section, if the District Court responsible for execution of the judgment cannot be ascertained due to the number of defendants, their residence, or the location of their property, the judgment in the case shall be executed by the District Court designated by the appellate court.

(4) The execution of a judgment made by a judicial body other than a regular court shall be carried out by the concerned body.

(5) Notwithstanding anything written in sub-section (4), if there is no provision to the contrary in law regarding the execution of the judgment, the concerned District Court shall execute the judgment in accordance with this Act. 153. Execution of judgment to be stayed: (1) In the following circumstances, the court shall stay the execution of the judgment:-

(a) In a case where an appeal lies under law, if an appeal has been filed, until the case is finally decided by way of appeal, or if no appeal has been filed, until the appeal period expires,

(b) In a case where a reference is to be submitted under law, until the reference submitted is disposed of.

(2) If an appeal is filed under clause (a) of sub-section (1), the party filing the appeal shall submit a petition stating the fact of appeal to the concerned court.

(3) Notwithstanding anything written in sub-section (1), unless otherwise provided in this Act, if a judgment has been rendered sentencing any convict to imprisonment, such convict shall be sent to prison immediately. 154. To be kept in custody: as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.(1) In the case of a convict present in court under sub-section (4) of section 151, after a warrant of imprisonment is issued, and in the case of an absconding convict as well, after the convict is arrested by the police office and produced before the court and a warrant of imprisonment is issued in his name, the prison office shall keep such convict in custody in accordance with law.
Muluki Criminal Procedure Code, 2017

155. Amount may be paid in lieu of imprisonment: as amended by the Act Amending Some Nepal Acts relating to Good Governance and Public Service Delivery, 2081.(1) If a convict, having been convicted for the first time and sentenced to imprisonment for one year or less, files a petition seeking release from imprisonment by paying an amount in lieu of such imprisonment, the court shall order that he need not be imprisoned upon payment of such amount.

(2) Before making an order under sub-section (1), an undertaking shall be obtained from such person that he will not commit any offence and will maintain good conduct.

(3) When a convict ordered under sub-section (1) to be released from imprisonment by paying an amount pays the amount in lieu of imprisonment, he shall pay at the rate of three hundred rupees per day of imprisonment.

(4) If a person released from imprisonment under sub-section (1) commits any offence punishable with imprisonment within three years from the date of such release, the sentence of imprisonment

(2) Notwithstanding anything written in sub-section (1), if a person who has been sentenced to imprisonment or is required to undergo imprisonment under prevailing law for a fine, government dues, or any other amount, does not appear before the court, does not come to serve imprisonment in prison, or cannot be arrested within the following period, the court shall strike off the imprisonment record standing against him/her:

(a) In case of a sentence of life imprisonment, fifty years,
(b) In case of a sentence of imprisonment for more than ten years, forty years,
(c) In case of a sentence of imprisonment for more than five years up to ten years, thirty years,
(d) In case of a sentence of imprisonment for more than one year up to five years, twenty years,
(e) In case of a sentence of imprisonment for up to one year, twelve years.

(3) If a person whose record has been struck off pursuant to sub-section (2) is found after such period has elapsed, the court shall execute the judgment in accordance with this Chapter as if the record had not been struck off in his/her case.

(4) While striking off the record pursuant to sub-section (2), if any property of such person has been attached under this Act, such property shall be confiscated and sold by auction, and the amount received shall be deposited into the Consolidated Fund.

(5) Notwithstanding anything written in any prevailing law, a person whose record has been struck off due to non-service of sentence under this section shall be deemed ineligible for appointment, nomination, designation, or election to any public office of responsibility until he/she serves the sentence as per the judgment that resulted in such record.
Muluki Criminal Procedure Code, 2017

161. Period spent in detention to be deducted from imprisonment: (1) If a person convicted and sentenced to imprisonment by a court has been in custody or detention during the investigation, the period so spent in detention shall be deducted from the imprisonment as per the judgment, and he/she shall be imprisoned only for the remaining period.

(2) If an offender who was in detention during the investigation is sentenced only to a fine and not to imprisonment, the total amount calculated at the rate of three hundred rupees per day for the period spent in detention shall be deducted from the amount of fine payable by such offender. 162. Execution of sentence of fine: (1) A person liable to pay a fine according to the record established under Section 151 shall pay the amount of fine immediately.

(2) Notwithstanding anything written in sub-section (1), if such person is unable to pay the fine immediately and provides any property as security for it, the court may order the fine to be paid in a maximum of three installments within one year.

(3) Notwithstanding anything written in sub-section (2), if the person fined has deposited any deposit or bail under Chapter 7 or Section 137, the amount of fine shall be recovered from such deposit or bail, and an order to pay the remaining amount only in installments shall be issued.

(4) Except where arrangements are made to pay the fine in installments under sub-section (2), or where the sentence has been served while in imprisonment or detention during the proceedings of the case, or where the amount of fine is recoverable from the deposit or bail kept under Chapter 7 or Section 137, if the offender does not pay the amount of the fine immediately after the final judgment Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075., the court shall send an order to the concerned prison for imprisonment for the fine.

(5) When an order is made under sub-section (4), if the offender who fails to pay the fine has paid part of the fine and kept the remainder, or if the period of imprisonment or detention already undergone during the proceedings of the case is such that part of the sentence is remitted, such period shall also be deducted, and the person shall be imprisoned on account of the remaining fine only in proportion to the total amount of the fine and the term of imprisonment for non-payment of fine. 163. Provision relating to government dues or other amounts: (1) When a judgment is given for recovery of dues, priority shall be given to government dues over private dues for recovery.
Muluki Criminal Procedure Code, 2017

163. Provision relating to government dues or other amounts: (1) When a judgment is given for recovery of dues, priority shall be given to government dues over private dues for recovery. Provided that if a judgment for recovery of private dues had already been given before the judgment for recovery of government dues, priority shall not be given to government dues.

(2) If the government dues or any other amount payable as per the judgment cannot be recovered or is not in a position to be recovered, and the property of the offender liable to pay such dues or amount has not already been attached, it shall be attached as soon as possible after the judgment.

(3) If the offender does not pay the dues or other amount under sub-section (1) within thirty days from the date the judgment becomes final, in the case of movable property attached under sub-section (2) of such person, such property shall be obtained from the body or institution where it is located, and in the case of immovable property, it shall be sold by auction and the amount recovered.

(4) If the government dues are not recovered even after selling the property by auction under sub-section (3), such person shall be imprisoned for the government dues. 164.
Muluki Criminal Procedure Code, 2017

164. Imprisonment may be imposed for government dues: (1) The government dues or any other amount determined to be recoverable by a court judgment shall be paid by the concerned person.

(2) If the government dues or such amount under sub-section (1) is not paid by such person, his/her property shall be assessed and recovered.

(3) If the government dues or such amount cannot be recovered even after assessment under sub-section (2), imprisonment for the following periods shall be determined for such person for the following government dues or such amount:

(a) For dues from five thousand rupees to ten thousand rupees, one month,
(b) For dues exceeding ten thousand rupees up to twenty-five thousand rupees, three months,
(c) For dues exceeding twenty-five thousand rupees up to fifty thousand rupees, six months,
(d) For dues exceeding fifty thousand rupees up to one hundred thousand rupees, one year,
(e) For dues exceeding one hundred thousand rupees, for every fifty thousand rupees or part thereof, Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. at the rate of six months.

(4) When imprisonment is to be imposed for an amount less than that mentioned in clause (a) of sub-section (3), it shall be done at the rate of three hundred rupees per day.

(5) Notwithstanding anything written elsewhere in this section, when imprisonment is to be imposed for government dues, the period of imprisonment shall not exceed seven years. 165.
Muluki Criminal Procedure Code, 2017

165. Procedure for recovery of private dues or compensation: (1) A person liable to pay private dues, compensation payable to the victim or his/her heir, or any other amount as determined by a court judgment shall pay it within six months from the date of the judgment.

(2) If such person does not pay such dues, compensation, or amount within the period under sub-section (1), he/she shall be liable to a fine of up to ten thousand rupees.

(3) If the person liable to pay dues, compensation, or such amount within the period under sub-section (1) fails to pay, the person entitled to recover such dues, compensation, or amount may, within three years from the date of the final judgment, file a petition indicating the property of the person liable to pay such dues, compensation, or amount.

(4) Upon receipt of a petition under sub-section (3), the court shall attach and sell such property by auction and recover the dues, compensation, or such amount, respectively.

(5) If the person liable to pay dues, compensation, or amount under sub-section (1) deposits such amount in court, or if any amount has been deposited as bail or security under sub-section (1) of Section 68 and the compensation, dues, or such amount is recoverable therefrom, recovery shall be made accordingly.

(6) If the person entitled to recover dues, compensation, or other amount within the period under sub-section (3) cannot locate the property, the court shall keep such petition on file so that recovery may be made when such property is found and the person notifies the court.

(7) If the dues, compensation, or other amount cannot be recovered under sub-section (4), the person entitled to recover the remaining dues, compensation, or other amount may file a petition for the imprisonment of the offender within thirty days from the date of sale by auction of the offender's property or from the date the petition was kept on file under sub-section (6).

(8) Upon receipt of a petition under sub-section (7), the court shall convert the remaining dues or amount into imprisonment at the rate of three hundred rupees per day and imprison the person liable to pay such dues or amount.

(9) When imprisoning a person under sub-section (8), imprisonment shall not exceed two years for individual dues and four years for dues of the Government of Nepal, Provincial Government, or a public institution wholly or substantially owned or controlled by a local level.
Muluki Criminal Procedure Code, 2017

166. Recovery of amount as per judgment from deposit: (1) Notwithstanding anything written elsewhere in this Chapter, if an offender has deposited any amount as deposit under this Act, the fine, dues, compensation, or other amount payable by him/her as per the judgment shall be recovered and paid from such deposit to the extent possible.

(2) When recovering under sub-section (1), recovery shall be made based on the following order of priority:

(a) Fine,
Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.
(b) Government dues,
(c) Compensation,
Added by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.
(c1) Dues,
(d) Any other amount, if any.

(3) If the fine, dues, compensation, or other amount cannot be recovered or paid from the amount under sub-section (1), action shall be taken under this Chapter only for the shortfall and recovery or payment shall be made.

(4) Notwithstanding anything written elsewhere in this Chapter, if an offender pays the fine, dues, compensation, or any other amount payable as per the judgment immediately, or if it is recoverable as mentioned in sub-section (1), except in such cases, if the offender or anyone on his/her behalf has provided any property as security under this Act, such property shall be sold by auction and recovery made.

(5) Notwithstanding anything written elsewhere in this section, if any person has provided his/her property as deposit or bail for an offender, the court shall give that person a forty-five-day notice to pay the fine, dues, compensation, or other amount payable by the offender as per the judgment before selling such person's property by auction, and if such person pays such amount within that time, the property deposited or bailed to the extent of such payment shall be released.

(6) In the case of the remaining amount not recovered from the property under sub-section (3), other property of the offender shall be sold by auction and recovery made, and while recovering, priority shall be given as per sub-section (2).

(7) For the purpose of auction under sub-section (6), if the offender's share has not been separated, the share shall be separated according to law and then auctioned. 167.
Muluki Criminal Procedure Code, 2017

167. Procedure for attaching, seizing, or controlling property: (1) When attaching, seizing, or taking control of the property of any Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. accused, defendant, or offender under this Act, the concerned court shall do the following:

(a) If the property is registered or requires separate permission, notify the office responsible for registration, licensing, or renewal of the attachment,
(b) If the property is cash, notify the institution holding such cash of the attachment,
(c) If the property yields crops or rent, order the concerned local level to collect such crops or rent and deposit them in a deposit account,
Amended by the Act Amending Some Nepal Acts Relating to Good Governance and Public Service Delivery, 2081.
(d) If the property is perishable or likely to deteriorate, livestock, or vehicles, sell such property, livestock, or vehicles by auction and have the proceeds deposited in a deposit account. Provided that in the case of a vehicle, if the owner of the vehicle deposits the amount calculated after deducting depreciation from the market value of such vehicle into the deposit account, such vehicle shall be returned to the concerned owner.

(2) When attaching the property of any person under this Act, if he/she has given any loan or made any investment to another person, the court shall order the debtor not to allow such person to recover the principal, interest, or any other return of such loan or investment.

(3) The principal, interest, return, and other similar amounts of the loan or investment under sub-section (2) shall be deposited by the debtor in the court.

(4) If any other person has a right over the property attached under this section, such person may, within thirty-five days of learning of such attachment, file a petition Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. in the court that attached the property, showing his/her right.

(5) Upon receipt of a complaint under sub-section (4), if that court has the authority to decide on the right or title to the property according to law, that court shall make a decision thereon; if not, it shall send such complaint to the court having authority.

(6) If the court makes a decision under sub-section (5), a person dissatisfied with such decision may appeal according to law. 168. Date to be fixed for payment of dues, compensation, or other amount: (1) When fixing a date for payment of dues, compensation, or any other amount as per the judgment, the purpose and the date fixed shall be stated with reasons.
Muluki Criminal Procedure Code, 2017

168. Date to be fixed for payment of dues, compensation, or other amount: (1) When fixing a date for payment of dues, compensation, or any other amount as per the judgment, the purpose and the date fixed shall be stated with reasons. Provided that in the case of government dues or compensation, the government side need not appear on the date.

(2) If the person entitled to payment is absent on the date fixed under sub-section (1), the proceedings for payment shall be adjourned that day.

(3) If the person entitled to payment of dues, compensation, or any other amount files a petition in court within fifteen days, once, showing a reasonable cause for not being able to appear on the date fixed under sub-section (1), the dues, compensation, or other amount payable to such person as per the judgment shall be paid.

(4) If the person entitled to payment of dues, compensation, or any other amount who did not appear on the date fixed under sub-section (1) does not file a petition within the period under sub-section (3) Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075., the matter relating to the payment of such dues, compensation, or other amount shall be kept on file for up to one year.

(5) If the concerned person appears within the period under sub-section (4), the dues, compensation, or other amount payable as per the judgment shall be paid.

(6) If the concerned person does not appear within the period under sub-section (4), no further action shall be taken thereafter regarding the payment of such dues, compensation, or other amount. Chapter 16
Miscellaneous

Added by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.168A. Right to complain: (1) A concerned person dissatisfied with the work or proceedings done by a court employee in a case may complain to the judge of the same court within fifteen days.

(2) A person dissatisfied with the decision on the complaint filed under sub-section (1) may file a petition in the appellate court within fifteen days of such decision.

(3) A complaint filed under sub-section (1) shall be disposed of within one month, and a petition filed under sub-section (2) shall be disposed of within two months.

(4) A party who receives notice for appearance for execution of judgment and remains absent on the date shall not be entitled to file a complaint or petition under this section. Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.169.
Muluki Criminal Procedure Code, 2017

Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.169. Jurisdiction of concerned District Court: (1) In cases mentioned in the Criminal Code, the District Court shall conduct initial proceedings, hearings, and adjudication.

(2) Notwithstanding anything written in sub-section (1), if there is a separate provision regarding the authority to hear cases under the Criminal Code, or if the Government of Nepal has designated a separate authority to hear such cases by publishing a notice in the Nepal Gazette, it shall not prevent such authority from conducting initial proceedings, hearings, and adjudication of such cases.

(3) If, according to law, a court, body, or authority has the power to conduct proceedings, hearings, and adjudication in a case, but such court or body has not been formed or the authority has not been designated, the concerned District Court shall also have the power to conduct proceedings, hearings, and adjudication of such case until such court or body is formed or authority is designated. Added by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.169A. Limitation period: Where a limitation period is prescribed by prevailing law, it shall be as per that; where no limitation period is prescribed, a case may be filed at any time. Omitted by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.170. 171. Register of documents: In every case, a register shall be maintained in the format as per Schedule 50, showing the serial number and details of documents in the order of registration date. 172. Documents to be destroyed: After five years of the final decision of a case, the court shall destroy documents in the file of that case, except for the following documents:

(a) Complaint, charge sheet, or plaint,
Added by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.
(a1) Arrest warrant or summons issued in the name of a party,
(b) Statement of the accused or written defense,
(c) Statements equivalent to written defense,
(d) Original documents of evidence,
(e) Appeal petition, if appealed,
(f) Petition for retrial or review,
(g) Judgment or final decision of the court,
(h) Map, inventory form, property details,
(i) Any other documents deemed necessary to protect according to law. Explanation: For the purpose of this section, "final decision" means the decision of the appellate court regarding an appealed judgment, and the decision of the court authorized to dispose of a scrutiny regarding a judgment for which scrutiny has been filed. 173.
Muluki Criminal Procedure Code, 2017

Explanation: For the purpose of this section, "final decision" means the decision of the appellate court regarding an appealed judgment, and the decision of the court authorized to dispose of a scrutiny regarding a judgment for which scrutiny has been filed. 173. Documents to be translated: (1) If any document written in a language other than Nepali is submitted in court as evidence and it appears necessary to translate such document into Nepali, the court may order the party submitting such document to submit an official translation of such document into Nepali.

(2) Upon an order from the court under sub-section (1), the concerned party shall have the document translated into Nepali and submit a certified copy thereof to the court.

(3) If any dispute arises regarding the translation under sub-section (2), the court may summon and question an expert on such subject. 174. Assistance of interpreter may be taken: (1) If it is necessary to record the statement or testimony of an accused or witness who does not understand or cannot speak the Nepali language, or for any other purpose, the investigating officer, prosecutor, or court may take the assistance of an interpreter of the relevant language or sign language.

(2) The expenses incurred when taking the assistance of an interpreter under sub-section (1) shall be borne by the Government of Nepal. 175. Copies to be given: (1) A concerned party to a case or his/her legal practitioner may obtain a copy of any document in the case file upon payment of the fee as provided by law. Provided that any legal practitioner may obtain a copy of the judgment.

(2) Notwithstanding anything written in sub-section (1), copies of documents that must be kept confidential according to law shall not be given. 176.
Muluki Criminal Procedure Code, 2017

Provided that any legal practitioner may obtain a copy of the judgment.

(2) Notwithstanding anything written in sub-section (1), copies of documents that must be kept confidential according to law shall not be given. 176. Cases involving conflict of interest not to be heard: (1) A judge shall not conduct proceedings, hearings, and adjudication in the following cases:

(a) A case in which the judge or a near relative has an interest or concern,
Explanation: For the purpose of this section, "near relative" means a person related by a degree of kinship entitled to inherit in case of intestacy, or maternal uncle, maternal aunt, stepmother, elder stepmother, younger father, elder father, mother-in-law, father-in-law, paternal aunt, paternal uncle's husband, elder sister's husband, wife's younger brother, wife's elder sister, elder sister, younger sister, elder sister's husband, younger sister's husband, daughter's husband, sister's son, sister's daughter, sister's daughter's husband, sister's daughter's daughter-in-law, maternal grandfather, maternal grandmother, or a member of the family of such relative.

(b) A case in which the judge was at any time a party, legal practitioner, or witness,
(c) A case in which the judge, in the capacity of a judge, has made a decision or final order in any court,
(d) A case in which the judge has at any time given an opinion on whether or not a case should be initiated,
(e) A case in which the interest of the judge and the members of his/her joint family is fundamentally involved for any other reason.

(2) If any circumstance under sub-section (1) is found, the judge shall pass an order stating the reason for not hearing the case.

(3) If any judge is about to conduct proceedings, hearings, or adjudication of a case contrary to sub-section (1), any party to the case may submit a petition, with necessary evidence, not to conduct such proceedings, hearings, or adjudication.

(4) Upon receipt of a petition under sub-section (3), the judge shall decide whether or not the petition claim is reasonable before conducting proceedings, hearings, or adjudication of the case.

(5) When deciding under sub-section (4), if the petition claim appears reasonable, or if the judge himself/herself has ordered under sub-section (2) that the proceedings, hearings, or adjudication of the case should not be conducted, the case shall be transferred to another judge in the same court if available, and if no such judge is available, the matter shall be sent to the concerned appellate court for transfer under sub-section (3) of Section 96. 177.
Muluki Criminal Procedure Code, 2017

177. Tasks to be performed by the judge himself/herself: (1) Among the tasks performed by the court under this Act, the following tasks shall be performed by the judge himself/herself:

(a) Recording the statement of the accused or witness,
(b) Administering oath to witnesses,
(c) Ordering detention for trial or release on bail or security,
(d) Preparing the order sheet of matters requiring decision in the case,
(e) Giving orders relating to the examination of evidence,
(f) Passing interim or interlocutory orders,
(g) Hearing the case,
(h) Conducting preliminary and pre-hearing discussions of the case,
(i) Making any other necessary orders, and
(j) Delivering judgment or final order.

(2) Notwithstanding anything written in sub-section (1), the following matters may be done as follows:

(a) The testimony of a witness may be recorded by a court employee of at least Non-Gazetted First Class rank under the direction of the judge,
(b) In the absence of the judge, the most senior employee present in court may record the statement of the accused or pass orders under Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. Chapter 7 relating to detaining the accused or taking bail or security from him/her. Provided that the order made under this clause shall be presented to the judge as soon as he/she is present in court, and the judge may check and confirm, annul, or modify such order.

(3) Tasks other than those written in sub-section (1) or (2) may be performed by an employee subordinate to the judge according to the direction or order of the judge. 178. Procedure to be followed when releasing a prisoner or convict: (1) If a prisoner or convict is to be released according to a judgment or order of the court, an order shall be sent to the concerned prison stating the reason for release, the full name and address of the prisoner or convict, and the details of the case.

(2) Upon receipt of the order under sub-section (1), the concerned prison shall immediately release the prisoner or convict as per such order.

(3) Notwithstanding anything written in sub-section (1) and (2), if the prisoner or convict to be released as per the judgment or order is present in court, he/she shall be released immediately after the judgment, and notice thereof shall be given to the concerned prison. 179. Notice to be given when releasing attached property: When property attached under this Act is to be released according to a court judgment or order, the court shall give notice thereof to the office and person concerned with the attachment. 180.
Muluki Criminal Procedure Code, 2017

179. Notice to be given when releasing attached property: When property attached under this Act is to be released according to a court judgment or order, the court shall give notice thereof to the office and person concerned with the attachment. 180. Government Attorney to plead and appeal: (1) In cases relating to offences under Schedule 1 and Schedule 2, the Government Attorney shall plead, contest, and defend on behalf of the Government of Nepal.

(2) In cases relating to offences listed in Schedule 3, the case diary or appeal shall be handled by the concerned authority, and if written to the concerned Government Attorney for defense, the Government Attorney shall provide defense.

(3) While arguing in cases, the Government Attorney shall argue in accordance with the prevailing norms of professional conduct.

(4) In cases under sub-section (1), if dissatisfied with the judgment or order rendered by the court, the Government Attorney shall have the right to appeal, seek review, or file a petition for retrial, unless otherwise provided by prevailing law.

(5) Notwithstanding anything written elsewhere in this section, if it is necessary to have any other legal practitioner argue in addition to the Government Attorney in a particular case where the Government of Nepal is the plaintiff, the concerned body shall obtain permission from the Attorney General or a Government Attorney authorized by him/her, stating the reason.

(6) After obtaining permission under sub-section (5), such body may appoint another legal practitioner.

(7) The legal practitioner appointed under sub-section (6) shall argue under the general direction of the Attorney General or a Government Attorney authorized by him/her. 181. Government Attorney may complain: If a decision or order of any judicial or quasi-judicial body affects the rights, interests, or concerns of the Government of Nepal, and if the law has not designated any authority to file a case, appeal, review, or any other kind of complaint or petition against such order or decision, the Attorney General himself/herself or a Government Attorney designated by him/her may complain, appeal, review, or file any other petition against such decision or order in the concerned body, subject to law. 182. Document brought for registration to be registered: (1) If a document brought for registration in court is legally in order, it shall be registered immediately and a receipt given.

(2) If a document brought for registration under sub-section (1) is not legally in order, it shall be rejected stating the defects and returned.
Muluki Criminal Procedure Code, 2017

Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.(3) If a document is rejected under sub-section (2), and if more than three days of limitation period or time remains, the document may be brought for registration with the defects rectified within the remaining limitation period or time; if less than three days of limitation period or time remains, the document may be brought for registration within seven days from the date of rejection. In either case, if brought in due form or rectified, the concerned officer shall order the registration of such document. 183. Identity of victim or witness may be kept confidential: (1) Notwithstanding anything written elsewhere in this Act, if publishing the identity of a victim or witness of a particular offence is likely to adversely affect the social prestige or honor of such person, or may cause undue fear, terror, or apprehension from the accused or any other party, or may adversely affect the personal safety or security of such person, the investigating officer may, through the Government Attorney, request the court to keep the name, surname, address, father's name, or any other identifying features of such person or witness confidential.

(2) Upon request under sub-section (1), the court may order that the name, surname, address, father's name, or identifying features of such victim or witness be kept confidential.

(3) When publishing the name, surname, address, or father's name of a person kept confidential under sub-section (2) during the hearing of the concerned case or when publishing related details, a fictitious name, surname, address, or father's name shall be used as per the court's order. 184.
Muluki Criminal Procedure Code, 2017

184. Statement, document, or writing made before investigating officer may be recorded by audiovisual means: (1) Notwithstanding anything written elsewhere in this Act, in the following circumstances, the investigating officer may, by himself/herself or through others, record by audiovisual means the statement, document, or any writing of the victim, complainant, or witness in the presence of the Government Attorney:

(a) If there are reasonable grounds to believe that the accused will exert undue influence on the victim, complainant, or any witness, or will cause fear, terror, or threat to prevent such person from appearing in court, or will compel such person to give a statement or testimony contrary to the statement or document made before the investigating officer even if he/she appears in court,
(b) If such person, complainant, or witness is unable to appear at the police office or the Government Attorney's office due to physical disability or being a minor,
(c) If an object to be presented in court as evidence cannot be moved from its location to the court.

(2) The audiovisual recording made under sub-section (1) may be accepted by the court as evidence. 185. Higher-level employee may perform tasks: (1) Any task or duty that a Government Attorney, police employee, or any other officer is required or permitted to perform under this Act may also be performed by a higher or equivalent level Government Attorney as designated by the Attorney General, or a higher or equivalent level police employee as designated by the Inspector General of Police, or any other higher or equivalent level officer of the concerned office.

(2) Tasks performed under sub-section (1) shall be deemed to have been done by the authorized officer. 186. Receipt to be taken or given: (1) When any document registered in court is returned to any person or when any document is delivered to any person from the court, a receipt or acknowledgment stating the receipt or delivery of such document shall be taken and kept in the case file.

(2) When the court accepts any document submitted by any person, a receipt thereof shall be given to such person. 187.
Muluki Criminal Procedure Code, 2017

187. Assistance to be given in attending and signing: (1) A person required to attend as a witness in the course of any proceedings under this Act shall assist the court by attending, and a person required to sign a document prepared by the court shall do so.

(2) If any person refuses to attend as a witness or to sign any document under sub-section (1), the employee conducting such task or preparing such document shall mention such fact in the relevant document, state the reason for non-attendance or non-signature, and prepare the document by having two other persons present sign it and also signing it himself/herself.

(3) A document prepared under sub-section (2) shall be deemed to be legally in order.

(4) If any person required to sign a document in court refuses to sign, the judge shall mention the same in the relevant document, note the reason, and keep it with his/her own signature.

(5) A person who, by not attending or signing under this section, fails to assist the court may be fined up to five thousand rupees by the court.

(6) If a person signing a document under this Act does not agree with any matter stated in such document, he/she may write his/her own version separately and then sign. 188. No action to be taken: (1) No question shall be raised and no case shall be filed in any court regarding the decision, prosecution, argument, and defense made in good faith by a Government Attorney in the context of any case under this Act.

(2) No action shall be taken regarding the work or proceedings done in good faith by an investigating officer in connection with the investigation of cases relating to offences under Schedule 1 and Schedule 2. 189.
Muluki Criminal Procedure Code, 2017

189. Provision for Investigation Committee: Notwithstanding anything written elsewhere in this Act, the investigation of a complaint filed regarding the offence of mala fide investigation or prosecution under Section 99 of the Criminal Code shall be conducted by the following committee:

(a) A Deputy Attorney General of at least Gazetted First Class designated by the Attorney General - Chairperson
(b) An officer of the Government of Nepal of at least Gazetted First Class designated by the Government of Nepal - Member
(c) An officer of the Nepal Police of at least Gazetted First Class designated by the Government of Nepal - Member

(2) If, during investigation by the committee under sub-section (1), it appears that the investigation or prosecution was mala fide, it shall send a letter to the concerned Government Attorney's office to initiate a case in that regard.

(3) Notwithstanding anything written elsewhere in this Code, the investigation of offences under Sections 231, 232, 233, and 238 of the Criminal Code shall be conducted by the following committee:

(a) A concerned expert doctor designated by the Nepal Medical Council - Coordinator
(b) An officer of at least the eleventh level, having expertise in the relevant field of Nepal Health Service, designated by the Ministry of the Government of Nepal dealing with health matters - Member
(c) A Deputy Attorney General designated by the Attorney General - Member
(d) An officer of the Nepal Police of at least Gazetted First Class designated by the Ministry of Home Affairs - Member
(e) One person designated by the Ministry of the Government of Nepal dealing with health matters from among persons active in the field of consumer rights and interests - Member

Added by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.(4) If, during investigation by the committee under sub-section (3), evidence of an offence by the concerned person is found, it shall send a letter to the concerned Government Attorney's office to initiate a case against him/her. 190. Permission may be given to continue the case: In a case relating to an offence under Schedule 4, where only recovery of dues or any kind of movable or immovable property is to be made, excluding sentences of imprisonment or fine, if the complainant dies, is of unsound mind, or is missing and the court-appointed period or date has passed, the heir of the complainant may, within thirty-five days, excluding travel time, from the date of death, unsoundness of mind, or disappearance, file a petition with supporting evidence to continue the case and obtain acceptance of the passed period or date.
Muluki Criminal Procedure Code, 2017

If the court finds the matter reasonable, it may permit the continuation of the case and accept the passed period or date. 191. Mutual legal assistance may be exchanged: If any accused in a case relating to an offence that is processed, heard, and adjudicated under this Act is abroad, and a summons or arrest warrant needs to be issued in his/her name or any evidence needs to be obtained, or if any accused in a case pending in a foreign court is in Nepal and a summons or arrest warrant needs to be served in his/her name or assistance in obtaining evidence is required, it shall be done in accordance with the law relating to mutual legal assistance. 192. Documents may be exchanged through electronic means: Documents under this Act may be exchanged through electronic means in accordance with the prevailing law relating to electronic transactions. 193. Printing or mathematical errors not to affect: In conducting investigation, prosecution, and other proceedings of a case under this Act, any minor mathematical or other error or omission in writing, printing, or publication regarding the procedure under this Act shall not, by that reason alone, render the entire related work or proceedings unlawful. Added by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.193A. Fee to be charged: (1) Unless otherwise provided in this Code, the following fees shall be charged in court for the following matters:

(a) When submitting a complaint, plaint, or written reply: Rs. 200/-
(b) When submitting an appeal petition: Rs. 300/-
(c) When submitting any other petition besides those under (a) and (b): Rs. 10/-

(2) Notwithstanding anything written in sub-section (1), the fee under sub

Schedule-4

(Relating to Clause (ṭha) of Section 2)

1. Offenses under Chapter-3 of Part 2 of the Penal Code,
2. Criminal offenses in which the Government of Nepal is a party or in which the right, interest or concern of a constitutional body, court or public official is involved, except those mentioned in Schedule-1 or Schedule-2. Schedule-5

(Relating to Clause (ṭha) of Section 2)

1.
Muluki Criminal Procedure Code, 2017

Criminal offenses in which the Government of Nepal is a party or in which the right, interest or concern of a constitutional body, court or public official is involved, except those mentioned in Schedule-1 or Schedule-2. Schedule-5

(Relating to Clause (ṭha) of Section 2)

1. Offenses under the following Chapters or Sections of the following Chapters of the Penal Code:

 (a) Of Part 2:

 (1) Chapter-14 except Section 192
 (2) Chapter-15
 (3) Sections 220, 224 and 226 of Chapter-18 (if the woman is 18 years of age or older)
 (4) Clause (ga) of Sub-section (3) of Section 249 of Chapter-21, Sections 250 and 252 (if the plaintiff is an individual or an institution other than the Government of Nepal)
 (5) Chapter-25 except Clauses (ka), (kha) and (ga) of Sub-section (3) of Section 276 and Section 277
 (6) Sections 284, 286 and 287 of Chapter-26 (if the plaintiff is an individual)

 (b) Chapters 1 and 2 of Part 3

2. Criminal offenses other than those mentioned in Schedules 1, 2 or 3,
3. Offenses of a criminal nature, which, according to the prevailing law, must be filed as a private complaint (by an individual plaintiff),
4. Offense of incest,
5. Offenses under Chapter 11 relating to attempt, conspiracy, abetment of, and connected with, offenses under paragraphs 1, 2 and 3. Schedule-6

(Relating to Sub-sections (1) and (7) of Section 4)

Format of Complaint Application

Submitted to Shri

(To be filled by Police Office)

(Name and address of Police Office)

Registration No.:-

Registration Date:-

1. Name, surname and address (including ward/tol) of the person filing the complaint or information, Phone number:-
2. Under which law or regarding which case the application or information is given:-
3. Name, surname and address (including ward/tol) of the person committing the offense:-
4. Name of the father/mother of the person committing the offense:-
5. Physical description of the person committing the offense and other details disclosing identity:-
6. Details related to the offense:

 (ka) Place, location, date and time where the offense occurred, is occurring, or is about to occur,
 (kha) Details of the incident related to the offense,
 (ga) Nature of the offense and other details related to the offense,
 (gha) Evidence and proof related to the offense,
 (ṅa) Other details related to the offense. 7. The contents of this application are true and correct; if found to contain false statements, I shall be liable to suffer the consequences as per law. Upon being notified of the requirement to appear during police investigation or trial in court, I will appear accordingly.
Muluki Criminal Procedure Code, 2017

7. The contents of this application are true and correct; if found to contain false statements, I shall be liable to suffer the consequences as per law. Upon being notified of the requirement to appear during police investigation or trial in court, I will appear accordingly. Of the person giving the complaint or information:

 Signature:-

 Date:-



Schedule-7

(Relating to Sub-section (3) of Section 4)

Receipt of Complaint Application or Information

Regarding the offense related to subject

The application or information dated has been received and registered in the registration book of this Police Office on date . Office Seal:-

Police personnel registering the application/information:-

Signature:-

Registration No.:-

Name:-

Post:-

Office:-

Date:-



Schedule-8

(Relating to Sub-section (5) of Section 4)

Register of Offenses

Government of Nepal

Ministry of Home Affairs

 Police Office

 S.No. Type of Crime Designated Investigation Officer Date and Time of Incident Date of Complaint Registration Incident Location and Date/Time of Police Departure Name, Surname, Residence of Complainant Description of Loss Name, Surname, Age, Gender, Occupation of Victim Name, Surname of Accused or Suspect Description of Accused or Suspect Details of Arrest Instruments Used in the Offense Witnesses to the Offense and Persons of the Site Inspection Memo Physical Evidence Action After Investigation Date of Witness Examination Date if Verdict Not Yet Delivered by Court Date if Appeal Not Filed Remarks



 Death Injured Other Loss Date Investigation Report Submitted Proposed Opinion of Investigation Officer Charges Filed by Government Attorney and Related Law Limitation Period


Prepared by: Name, Signature



Schedule-9

(Relating to Sub-section (4) of Section 9)

Format of Arrest Warrant Issued with Court Permission

Shri

Address (including ward/tol)

As you need to be arrested in connection with the investigation of the offense of , this arrest warrant is issued pursuant to the permission dated of the Court. Please accompany the police personnel bearing this arrest warrant and immediately come to the office. Otherwise, the police will arrest and bring you. Of the Investigation Officer:

Signature:-

Name:-

Rank:-

Office:-

Date:-

Schedule-10

(Relating to Sub-section (6) of Section 9)

Format of Urgent Arrest Warrant

Shri

Address (including ward/tol)

As you need to be arrested immediately in connection with the investigation of the offense of , this arrest warrant is issued. Of the Police Personnel:

Name, Surname:-

Rank:-

Date:-



Schedule-11

(Relating to Sub-section (2) of Section 13)

Format of Detention Warrant for Holding in Custody

Shri

Address

As it is necessary to keep you in police custody for investigation in connection with the offense of pursuant to complaint/report, this detention warrant is issued for keeping you in police custody from today's date.