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

103. Cross-examination of co-accused: When examining evidence under this Chapter, if any accused implicates any co-accused, such co-accused may cross-examine to the extent of the matters so implicated. Amended by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.104. Statement to be taken on genuine or forged document: (1) On the date fixed for examining evidence, the court shall show and read the original of the evidence document presented by the plaintiff to the defendant, and the evidence document presented by the defendant to the plaintiff. If such party classifies such document as genuine, forged or fraudulent, the court shall record a statement to that effect.

(2) If, while showing or reading under sub-section (1), any party cannot immediately distinguish whether it is genuine, forged or fraudulent and requests time, the court shall grant a period of up to three days.

(3) If a document bearing the signature or thumb impression of persons other than the parties to the case is presented, and any party to the case requests time because it cannot immediately distinguish and classify it as genuine, forged or fraudulent, a period of up to fifteen days may be given to give a statement on genuineness, forgery or fraud, along with evidence.

(4) Within the period given under sub-section (3), the person giving the statement shall classify it as genuine, forged or fraudulent, and the court shall record a statement accordingly.

(5) When recording a statement under sub-section (4), if any party states that such document is forged or fraudulent, the court shall, if all parties to the case are present on that day, record their statements on the same day, and if any party is not present, record the statement of such party on the day he/she subsequently appears.

(6) In a case where a representative or legal practitioner is on date, if it appears necessary to summon the concerned party himself/herself, the court shall summon such party and record his/her statement.

(7) If, while showing or reading the evidence document under this section, the concerned party is unable to distinguish whether it is genuine, forged or fraudulent, the court may send such evidence document to a concerned expert for examination. 105.
Muluki Criminal Procedure Code, 2017

105. Document alleged to be forged or fraudulent to be kept with case file: When a document presented by one party under sub-section (1) of section 104 is shown to the other party and that party classifies it as a forged or fraudulent document, both parties shall be made to sign or affix thumb impression on the back of such document, and the concerned employee shall affix his/her signature and the court seal, seal it and keep it safely with the case file. If there is no space for signing or affixing thumb impression, a separate paper shall be attached and signatures or thumb impressions affixed on the joint, and a report shall be prepared and kept. 106. Witness to be examined on fixed day: (1) On the date fixed for examining witnesses, the court shall take the deposition of all witnesses present. Only if taking the deposition of all witnesses present on that day is not possible due to lack of time, the deposition shall be taken on the next day the court opens.

(2) Before giving deposition, the witness who has appeared for deposition under sub-section (1) shall make a declaration that he/she will only state the truth, and take an oath in the format according to Schedule-37, audibly, and such oath shall be attached to the relevant case file.

(3) The deposition made by the witness shall be recorded in the format according to Schedule-38. 107. Examination of witness by commission: (1) Notwithstanding anything contained elsewhere in this Chapter, if a witness who resides or stays outside the territorial jurisdiction of the court where the case is filed, or who cannot appear in court for any reason but whose examination is necessary, needs to be examined by commission considering the gravity of the case, the court shall give notice thereof to the parties to the case.

(2) If any party to the case so desires, he/she may submit an application to the court stating reasons that the questions he/she wishes to ask the witness be included in the commission under sub-section (1).

(3) If any application under sub-section (2) is submitted and the court deems it reasonable to include such questions in the commission, the court shall order that such questions be included in the commission, and the questions for the commission shall be prepared accordingly.

(4) The format of the commission shall be as mentioned in Schedule-39.

(5) When examining a witness by commission under sub-section (1), if any party to the case so desires, he/she may appear at the court to which the commission is sent and conduct examination-in-chief, cross-examination or re-examination of the witness in accordance with the prevailing law on evidence. 108.
Muluki Criminal Procedure Code, 2017

108. Deposition to be taken in bench: (1) When taking the deposition of a witness under this Act, it shall be done in the bench of the judge. Provided that, when it is necessary to take the deposition of a witness who is unable to appear in court due to physical incapacity, the judge may go to the place where such witness resides or depute an authorized officer under his/her supervision to take the deposition.

(2) When taking a deposition under sub-section (1), the concerned parties to the case shall be given notice of such matter and also be given the opportunity to conduct examination under sub-section (5) of section 107. 109. Examination of witness through audio-visual means (video conference): (1) If a witness to be examined under this Chapter is physically disabled or a child, or cannot be produced in court due to security reasons, the concerned party may submit an application to the court stating such particulars to examine such witness through audio-visual means (video conference).

(2) If the court orders that a witness of a particular nature be examined through audio-visual means (video conference), the witness examination shall be conducted accordingly.

(3) If an application under sub-section (1) is submitted and the reason mentioned in the application appears reasonable, or if the court orders under sub-section (2), notwithstanding anything contained elsewhere in this Act, the court may examine such witness through audio-visual means (video conference).

(4) When conducting audio-visual means (video conference) under sub-section (3), with the permission of the court, the concerned party to the case may be present at the venue of such conference and conduct examination, cross-examination or re-examination.

(5) When examining a witness under sub-section (3), arrangements shall be made to record the statements made by such witness, and the court shall maintain a record of the audio-visual means (video conference).

(6) The record of the witness examined through audio-visual means (video conference) shall be kept in the format according to Schedule-40. 110. Note may be made of witness's demeanor, facial expression, etc.: (1) While taking the deposition of any witness, the judge may make a note of matters such as what the behavior and facial expression of the witness was like, whether the witness was excited, flustered or afraid while answering questions asked to him/her, what the facial expression suggested about the truth or falsity of his/her answers, and other necessary matters as perceived by him/her.

(2) The judge shall sign or affix thumb impression on the note made under sub-section (1) and attach it to the case file.

(3) When evaluating the deposition of a witness as evidence, the note under sub-section (1) may be taken as a basis. 111.
Muluki Criminal Procedure Code, 2017

111. Witness already examined once not to be examined again: No matter may be examined again from a witness who has already given a deposition. Provided that, if some matter that cannot be left unexamined from such witness is omitted, and the judge orders stating reasons, the witness may be summoned again and examined. 112. Summons or arrest warrant may be issued for necessary witness: (1) A party to a criminal case where the Government of Nepal is the plaintiff may, stating reasons, submit an application that a summons be issued to produce a witness who is necessary to be examined considering the gravity of the case but who did not appear on the date fixed by the court for examination of evidence under this Chapter, or to submit any document or material evidence.

(2) If an application under sub-section (1) is submitted and the contents of such application appear reasonable and it appears necessary to examine such witness, the court may, granting a period of up to fifteen days, issue a summons and examine such witness.

(3) Where a summons is issued under sub-section (2), such witness shall appear within the stipulated period, unless there is a reasonable cause.

(4) If a witness does not appear within the period fixed under sub-section (3), the court may impose a fine of up to two thousand rupees, issue an arrest warrant, arrest him/her and take his/her deposition.

(5) If a witness against whom an arrest warrant has been issued under sub-section (4) is not found or cannot be arrested, the case shall be decided based on the evidence already examined, with a sentence of imprisonment Amended by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.for up to forty-five days to be enforced at the time such witness is arrested or found.

(6) The summons or arrest warrant issued under this section shall be served in accordance with Chapter-6. 113.
Muluki Criminal Procedure Code, 2017

113. Daily and travel allowance and security to be provided to witness: (1) In cases of offences under Schedule-1 or Schedule-2, for witnesses appearing in court on behalf of the Government of Nepal, the concerned police office shall provide daily and travel allowance equivalent to that received by a non-gazetted first class government employee, and for a witness appearing as an expert, equivalent to that received by a gazetted third class government employee, according to law.

(2) If any government employee appears in court as a witness or expert, the office where he/she is posted shall provide him/her with the daily and travel allowance he/she is entitled to according to prevailing law.

(3) The Government of Nepal shall make arrangements for necessary security of the witness under sub-section (1). 114. Protection of witnesses or victims: (1) In any case of an offence under Schedule-1 or Schedule-2, if any person who is a witness feels that there is a threat to his/her safety either before appearing before the court or after giving deposition in court, he/she may submit an application to the court stating the reason thereof, requesting arrangements for security.

(2) If a request under sub-section (1) is made, the court may order the concerned body to arrange security for such witness.

(3) If the court gives an order under sub-section (2), the duty to arrange such security shall lie with that body.

(4) No question may be raised in any court regarding any matter adopted pursuant to an order made by the court for witness protection under this section.

(5) If a person who is a victim of a particular offence or is a witness in any case gives information to the police that due to being a witness, he/she may face undue fear, threat or terror from a party, or that his/her life or bodily safety may be adversely affected, the police Amended by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code. shall protect such witness or victim. 115. Witness evidence may be examined outside the State of Nepal: (1) If it is necessary to examine any witness or evidence residing outside the State of Nepal, or to issue a commission in relation to any case pending in any court, the witness or evidence may be examined in accordance with the prevailing law on mutual legal assistance.

(2) The format of the commission to be used under sub-section (1) shall be as mentioned in Schedule-41.

(3) A witness or evidence examined under sub-section (1) shall be deemed to have been examined under this Act.
Muluki Criminal Procedure Code, 2017

Chapter-12

Provisions relating to Withdrawal of Case, Compromise and Mediation

116. Case not to be withdrawn: (1) A case once filed in court for an offence under Schedule-1 or Schedule-2 cannot be withdrawn.

(2) Notwithstanding anything contained in sub-section (1), cases other than the following may be withdrawn: -

(a) cases relating to false passport or citizenship, immigration, corruption, human trafficking and transportation, narcotic drug trafficking or trade, illegal hunting and trade of wildlife, poisoning of goods for public consumption, murder by use of poison or cruel, inhuman means or by taking control, money laundering, ancient monument conservation,

(b) cases relating to offences under Amended by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.sections 52 and 56 of Chapter-2 of Part-2 of the Criminal Code, sections 129, 130, 131 and 134 of Chapter-6, sections 138, 139 and 141 of Chapter-7, Chapter-8, section 167 of Chapter-10, Added by the Some Nepal Acts Amending Act, 2079 relating to Criminal Offences and Criminal Procedure.section 192a of Chapter-14, section 206 of Chapter-16, Chapter-17, sub-sections (1), (2) and (3) of section 219 of Chapter-18, sections 230 and 231 of Chapter-19, and section 256 of Chapter-22,

(c) cases where the withdrawal of the case would adversely affect the property rights of any person, to the extent that consent of such person has not been obtained.

(3) The Government of Nepal shall prepare a directive with necessary standards regarding cases to be withdrawn under sub-section (2).

(4) If a case is to be withdrawn under sub-section (2), the Government of Nepal may, after consulting with the Attorney General, decide to withdraw it in accordance with the directive prepared under sub-section (3).

(5) If the Government of Nepal decides to withdraw any case under sub-section (4), an application stating the reasons for withdrawal shall be submitted to the concerned court through the Attorney General or a Government Attorney authorized by him/her.

(6) If an application under sub-section (5) is received, the court shall provide a hearing before ordering the withdrawal of the case.

(7) After the hearing under sub-section (6), if it appears reasonable to order the withdrawal of the case, the concerned court may, stating reasons, order that the case may be withdrawn.

(8) Notwithstanding anything contained elsewhere in this section, a case pending on appeal, for scrutiny or review, or in a situation of retrial, cannot be withdrawn. 116a.
Muluki Criminal Procedure Code, 2017

116a. Withdrawal of claim: Added by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.(1) In any case other than a case where the Government of Nepal is the plaintiff, a party to the case may, at any time before the decision of the case, submit an application to the court to withdraw the claim made in the plaint, appeal or petition by relinquishing it, or to withdraw such plaint, appeal or petition stating that he/she cannot prove the claim or that the purpose of the claim has ended.

(2) Upon receipt of an application under sub-section (1

(ख) If an accused who has confessed to the alleged offence claims that he should be entitled to a remission or reduction of the sentence, his statement shall be recorded disclosing all matters relating thereto, and evidence relating thereto shall be examined.

(2) If any accused, while making a statement before the court, makes a claim different from what he made before the investigating officer, the court may permit the plaintiff party to conduct or cause to be conducted further investigation into the evidence or claim presented by him and to submit additional evidence in the court, if so requested.

(3) Where an order is made pursuant to sub-section (2), the court shall not render a judgment in that case until such additional evidence is submitted. Provided that, if such additional evidence is to be submitted, it must be submitted before the order for examination of evidence is made.

(4) If any accused does not fully confess to the alleged offence but confesses partially, the court shall order the examination of further evidence to the extent of the matter for which he has not confessed. 124.
Muluki Criminal Procedure Code, 2017

125. Date to be fixed for examination of evidence: (1) In the following circumstances, the court shall, preparing an order sheet disclosing also the issues to be determined as ascertained under section 124, fix a date for the examination of evidence:-

(a) If the accused refuses to make a statement under section 122,

(b) If the defendant fails to file a reply,

(c) If the accused or defendant, by denying the accusation or claim against him in whole or in part, makes a statement or gives a reply,

(d) If the court prepares an order sheet for examination of evidence pursuant to clause (a) or (b) of the proviso to sub-section (1) of section 123,

(e) In other circumstances as the court deems appropriate.

(2) While fixing a date for the examination of evidence pursuant to sub-section (1), the court shall fix such a date, estimating the time by which witnesses may appear and documents and objects of evidence may be submitted, so that evidence can be collected as soon as possible.

(3) If the plaintiff party in any case requests time for submitting additional evidence pursuant to sub-section (2) of section 123, the court shall, while fixing a date under sub-section (1), ordinarily fix a date for the examination of evidence within two months from the date of filing of the case.

(4) While making an order to fix a date for the examination of evidence pursuant to sub-section (2) or (3), the court shall order and fix a date for the examination of all evidence to be examined in the case at the same time as far as possible.

(5) After an order is made to fix a date pursuant to sub-section (1) or (2), the concerned party to the case shall submit or cause to appear before the court, on the date so fixed, the evidence he is required to submit or the witnesses he is required to produce. 126.
Muluki Criminal Procedure Code, 2017

126. Party or witness in detention or imprisonment to be produced: (1) If any party or witness in a case is in detention or imprisonment, and if it is necessary to produce him for recording his statement or testimony or for producing him in another case related to him, the court shall, specifying the reason, order the concerned office to produce him on the date fixed for that purpose.

(2) Upon receiving an order under sub-section (1), the concerned office shall, with the escort of security personnel, cause such party or witness to appear before the court.

(3) Notwithstanding anything written in sub-section (2), if there is a reasonable cause that such party or witness cannot be produced before the court due to security reasons or physical disability, such office may, with the permission of the court, make arrangements for examining him through audio-video conference.

(4) If any party or witness in a case is examined through audio-video conference pursuant to sub-section (3), a record of what he says shall be maintained. 127. Sequence of examination of evidence: (1) On the date fixed for the examination of evidence, except where the court otherwise orders, the evidence of the plaintiff’s witnesses and then of the defendant’s witnesses shall be examined, subject to the law relating to evidence.

(2) If any objection is raised immediately by the other party that any evidence presented by any party or any matter stated by any witness is inadmissible, or ought not to be taken as evidence, or is irrelevant, the judge shall immediately decide whether such objection is reasonable or not.

(3) The court shall not permit any party to present evidence unrelated to the case. 128.
Muluki Criminal Procedure Code, 2017

128. Provision relating to proceedings of a person of unsound mind: (1) If there is any reasonable cause to believe that any accused is of unsound mind and is thereby incapable of making his defense, the court may order his examination by a licensed medical practitioner and also order treatment.

(2) If, upon examination under sub-section (1), the accused is found to be incapable of making his defense by reason of mental unsoundness, an order sheet shall be prepared to that effect and the case shall be stayed in respect of him.

(3) Notwithstanding anything written elsewhere in this Act, if such accused is in detention, the court may, if it deems reasonable, order his release from detention during the period of proceedings under sub-section (1) or after an order sheet is prepared under sub-section (2).

(4) While releasing the accused under sub-section (3), the court shall impose a condition on his guardian that such accused shall be taken care of so as not to cause any harm or loss to anyone, and that he shall be produced before the court when ordered by the court after he becomes sane.

(5) as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075. While releasing from detention under sub-section (3), the court may, if it so desires, take a deposit or bail from the guardian pursuant to Chapter-7.

(6) If an accused of unsound mind who is in detention pending trial is released from detention under sub-section (3), the court shall order the concerned prison to provide special care in circumstances other than such release.

(7) If the case of an accused of unsound mind has been stayed under sub-section (2), after such accused becomes sane, the court shall revive the stay and produce him before the court to commence the trial of the case. Provided that, before revoking the stay, the court shall have such accused examined again by a licensed medical practitioner, and such medical practitioner shall have certified that the accused has become sane.

(8) The court may, if it so desires, order the doctor certifying sanity under sub-section (1) or (7) to appear as a witness.

(9) Notwithstanding anything written elsewhere in this section, if there are other persons also as defendants along with the person of unsound mind, the hearing of the case in respect of such other defendants shall not be deemed to be impeded. 129. Trial of case to be held in open court: The court shall, while conducting the trial of a case, hold it in open court.
Muluki Criminal Procedure Code, 2017

129. Trial of case to be held in open court: The court shall, while conducting the trial of a case, hold it in open court. Provided that the trial of cases involving espionage, human trafficking and transportation, sexual offences, cases where a child is accused or victim, violence against women, rape, incest, or cases between husband and wife, or other cases where the court deems it appropriate to hear in camera and so orders, may be held in camera, and in such camera court, the court may prohibit entry to anyone other than the parties concerned with such case, the concerned legal practitioners, court staff, and other persons deemed necessary by the court. 130. Accused may appoint legal practitioner for his defense: (1) An accused charged with any offence may, for refuting the accusation against him or for his defense, appoint a legal practitioner of his choice to conduct the case.

(2) If an accused charged with an offence punishable with life imprisonment or imprisonment for ten years or more does not appoint his legal practitioner, the court may order that such accused be defended by a legal practitioner appointed by the court.

(3) Notwithstanding anything written elsewhere in this section, if any accused does not wish to engage a legal practitioner under sub-section (1) or refuses to be defended by a legal practitioner appointed by the court under sub-section (2), the proceedings of the case shall not be deemed to be impeded. 131.
Muluki Criminal Procedure Code, 2017

131. Judgment to be rendered: (1) The judge shall render a judgment in the case ordinarily within one month from the conclusion of the examination of evidence.

(2) If it is not possible to render a judgment within the period under sub-section (1), the reason therefor shall be disclosed and information thereof shall be given to the appellate court.

(3) While rendering a judgment pursuant to this section, it shall be made in the format as per Schedule-43, mentioning the following matters as well:-

(a) A brief description of the case and necessary matters related thereto,

(b) If any legal practitioner argued in the case, the main points of such argument,

(c) The evidence presented by the parties to the case, the credibility or impeachability of such evidence, the basis thereof, the sufficiency or insufficiency of the evidence,

(d) If any party raised any legal question in the case, matters relating thereto,

(e) The grounds and reasons for conviction or acquittal,

(f) Whether appeal lies or not and the court where the appeal is to be filed,

(g) Other necessary matters.

(4) While rendering a judgment pursuant to this section, the judge may pronounce only his decision if the full text of his judgment is not ready, and the full text if it is ready.

(5) If only the decision is pronounced under sub-section (4), the judge shall write a brief description of such decision in the opinion book, affix his signature and seal, and also have the parties present in the case affix their signatures and seals. Provided that, in cases where the Government of Nepal is the plaintiff, it shall not be necessary to have the government attorney affix his signature and seal.

(6) If a decision is pronounced under sub-section (5), the judge shall, within as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.twelve working days, write the judgment and attach it to the case file.
Muluki Criminal Procedure Code, 2017

Explanation: For the purpose of this sub-section, "pronouncement of decision" shall be understood to mean the pronouncement of a decision determining the sentence.

as added by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.(6a) In the judgment prepared under sub-section (6), the date of judgment and the date of preparation of the judgment shall be mentioned, and the judge shall sign and certify it.

(7) If the judgment is not written within the period under sub-section (6), the concerned party may, within three days from the expiry of such period, file a complaint before the High Court, and in the case of a judgment of a subordinate court, before the Chief Judge of the concerned High Court, and in the case of a judgment of the Supreme Court, before the Chief Justice.

(8) Upon receiving a complaint under sub-section (7), the concerned Chief Judge or Chief Justice shall, within one week, direct the concerned judge to complete the preparation of the judgment.

(9) The decision under sub-section (5) shall, as far as possible, be immediately placed on the court’s website.

(10) The court shall post a list of judgments that have been prepared and certified each week on the court’s notice board and also place it on its website. 132. Notice and copy of judgment to be given: (1) The court shall give a notice of the judgment in the format as per Schedule-44 to an accused or defendant who was not a party from the beginning of the proceedings, an accused in detention or imprisonment, or an accused in a case where only one party is involved and the proceedings are ex parte.

(2) The notice under sub-section (1) shall be served in the same manner as a summons, and if such notice cannot be served, the notice shall be published in a national daily newspaper owned by the Government of Nepal.

(3) In respect of cases under Schedule-4, the expenses incurred for publishing the notice under sub-section (2) shall be borne by the concerned party.

(4) Information of the judgment rendered in cases under Schedule-1, Schedule-2, and Schedule-3 shall also be given to the office of the concerned government attorney. 133. Case abates upon death: (1) Notwithstanding anything written elsewhere in this Act, if an accused or defendant in any case dies, the court shall abate such case.
Muluki Criminal Procedure Code, 2017

133. Case abates upon death: (1) Notwithstanding anything written elsewhere in this Act, if an accused or defendant in any case dies, the court shall abate such case. Provided that, if there is more than one accused or defendant, the case shall not be abated merely by the death of any one accused.

(2) Notwithstanding anything written in sub-section (1), in a case involving as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.recompense or compensation, even if the accused or defendant dies, the court may, after examining the evidence contained in the case file and such other evidence as it deems necessary to examine, make a decision to determine as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.the recompense or compensation.

(3) Even if any complainant dies, in a case under sub-section (2), if the heir of such complainant comes to accept the case within thirty days from the death of such complainant, the court shall cause the acceptance, and after examining the evidence contained in the case file and such other evidence as it deems necessary to examine, determine whether recompense or compensation should be paid or not.

(4) If the party filing an appeal, review, or petition for retrial dies, or the person previously convicted in such case dies, such appeal, review, or retrial case shall be consigned to records. Provided that -

(a) If only one person among the same party dies, the case shall not be consigned to records without proceeding with the case in respect of the other persons,

(b) In a case involving recompense, if the heir so desires, he may accept the case within thirty-five days from the date of knowledge. Chapter-14

Provisions Relating to Appeal and Reference

134. Appeal lies: (1) A party dissatisfied with any judgment or final order made by a court may, within as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.seventy days in the case of a criminal case where the Government of Nepal is the plaintiff, and within thirty days in other cases, from the date of knowledge of the judgment, file an appeal.
Muluki Criminal Procedure Code, 2017

Provided that, if a party wishing to appeal files a petition showing the reason for not being able to appeal within such period, and if the content of the petition is found reasonable, the appellate court may extend the time by up to thirty days.

(2) A person wishing to appeal under sub-section (1) shall cause the appeal to be registered in the appellate court of the court that rendered the judgment.

(3) Notwithstanding anything written elsewhere in this Act, if at the time of hearing before the court, the party to the case or his representative was present, or his legal practitioner was present and argued, and the judgment was rendered on the same day, the party to the case shall be deemed to have knowledge of such judgment.

as added by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.Provided that, in the case of a case where the Government is the plaintiff, the period for filing an appeal shall commence from the date of receipt of information of the judgment under sub-section (4) of section 132.

(4) Notwithstanding anything written elsewhere in this section, after the expiry of a period of one year from the date of judgment, the party shall be deemed to have had automatic knowledge of the judgment. 135. Appeal may be registered through the court rendering the judgment or the prison where the appellant is in custody: (1) Notwithstanding anything written in sub-section (2) of section 134, a person wishing to appeal under sub-section (1) of that section may also file an appeal through the court that rendered the judgment, or if the person convicted by such judgment is in custody, through the prison where he is in custody.

(2) If an appeal is registered under sub-section (1), such court or prison shall, disclosing the fact whether the appellant has served or paid the sentence imposed on him or has given deposit or bail therefor, send the appeal to the appellate court as soon as possible, and inform the appellant thereof.

(3) The court that rendered the judgment shall, while sending the appeal under sub-section (2), also send the relevant case file along with it. 136.
Muluki Criminal Procedure Code, 2017

137. To be kept in custody while filing an appeal: (1) The following persons shall be kept in custody while filing an appeal:-

(a) A person sentenced to life imprisonment,

(b) A person sentenced to imprisonment for more than ten years,

(c) A person convicted of an offence under Schedule-1 or Schedule-2 and sentenced to imprisonment for more than three years,

(d) A person who was in detention pending trial and upon conviction has been sentenced to imprisonment,

(e) A person who has been sentenced to imprisonment and does not have a permanent residence in Nepal.

(2) Notwithstanding anything written in sub-section (1), if a person aged seventy-five years or above, or a person recommended by a Medical Board formed by the Government of Nepal as being suffering from an incurable or very serious disease incapable of being kept in custody, or a person sentenced to imprisonment for up to ten years who was not in detention due to an order of the court that he need not be kept in custody pending trial, files a petition stating reasons seeking permission to file an appeal without being in custody, and if such reasons appear reasonable, the appellate court may, after taking deposit or bail from him, permit him to file an appeal.

(3) If permission is granted under sub-section (2), such court shall prepare an order sheet stating the reasons for permitting the appeal without being in custody and attach it to the case file.

as amended by the Act Amending Some Nepal Acts relating to Good Governance and Public Service Delivery, 2081.(4) A person other than those mentioned in sub-sections (1) and (2) may, if he had deposited deposit or bail in the trial court, file an appeal by depositing an additional deposit or bail of fifteen per cent of such deposit or bail amount.
Muluki Criminal Procedure Code, 2017

Provided that, if the trial court did not require deposit or bail, or if the appellant was acquitted and the appellate court has imposed imprisonment, the appellant may file an appeal by depositing the amount corresponding to the imprisonment.

(5) If a person who is unable to give deposit or bail under sub-section (4) has been sentenced to imprisonment, he may file an appeal only by being in custody for such sentence.

(6) If an appeal filed by a person who is in custody due to inability to give deposit or bail under sub-section (2) or (4) is not decided within as amended by the Act Amending Some Nepal Acts relating to Good Governance and Public Service Delivery, 2081.one year from the date of registration of such appeal, the relevant appellate court may release him from custody after such period and keep him on bail and conduct the trial as amended by the Act Amending Some Nepal Acts relating to Good Governance and Public Service Delivery, 2081..

(7) If a judgment cannot be given within the period under sub-section (6), such court shall, stating reasons, give information thereof to the appellate court.

(8) Notwithstanding anything written elsewhere in this section,

(a) If a person who was in detention or imprisonment in the course of proceedings has already served the sentence according to the judgment, he need not be kept in custody or give deposit or bail for filing an appeal,

(b) No person shall be kept in custody, merely because he has appealed, for a period exceeding the sentence imposed by the judgment.

(9) In the case of a person who has given deposit or bail under Chapter-7, as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.while filing a petition or an appeal, such deposit or bail may, to the extent it suffices, be treated as deposit or bail for the purposes of this section.

as omitted by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.(10)

(11) If the property of a person other than the person appealing in the course of proceedings is held as deposit or bail, such property shall not be treated as deposit or bail for the purposes of this section without the consent of such person. 138.
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138. Calling for case file: (1) Except where the case file is received under sub-section (3) of section 135, after an appeal is registered, the appellate court shall, as soon as possible, order the concerned court to send the case file of such case.

(2) Within three days from the date of receiving the order under sub-section (1), the concerned court shall send the case file to the appellate court. 139. Date to be fixed for hearing of appeal: After receiving the case file under sub-section (3) of section 135 or section 138, the appellate court shall fix a date for the hearing of the appeal. 140. Hearing of appeal: (1) The appellate court shall complete the hearing of the appeal within six months from the date of receipt of the case file from the lower court.

(2) While hearing the appeal under sub-section (1), if the decision of the lower court appears reasonable and no substantial difference is found, the appellate court may, stating the reason therefor, reject the appeal claim.

as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.(3) While hearing under sub-section (1), if the decision of the lower court appears likely to be varied, the appellate court shall, stating the reason therefor, order that the respondent be called for hearing.

as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.(4) If an order is made to call the respondent under sub-section (3), the appellate court shall, attaching a copy of the appeal petition, issue a notice summoning the respondent to appear within fifteen days, exclusive of travel time.

as added by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.(4a) Notwithstanding anything written in sub-section (4), if the appellate court so desires, the notice under sub-section (1) may be served by itself or through the court that decided the original case, in accordance with the procedure under this Code.

(5) as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.A person who receives the notice under sub-section (4) may, within the period fixed by the court, file a written defense refuting the appeal claim.

(6) The written defense filed in the court under sub-section (5) shall be in the format as set out in Schedule-46 as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075..

(7) After hearing under sub-section (3), the court shall decide on the appeal. 141.
Muluki Criminal Procedure Code, 2017

141. Ex parte hearing of appeal if respondent absent: (1) If the respondent does not appear within the period of the notice given under sub-section (3) of section 140, the appellate court may fix a date at least fifteen days later for the decision of the appeal, and on such date, hear the appeal and decide it.

(2) Notwithstanding anything written in sub-section (1), if the respondent, showing any reasonable cause for not being able to appear within the period of the notice given under sub-section (3) of section 140, files a petition before the date fixed under sub-section (1), and if such cause appears reasonable, the court may extend his time, order him to appear on the date fixed under sub-section (1), hear the appeal and decide the case. 142. Need not be on bail: (1) If the appellant or respondent does not wish to be on bail in the course of the appeal proceedings, he may file a petition to that effect in the court.

(2) Upon receipt of such petition under sub-section (1), the court may, after obtaining an undertaking from the appellant or respondent to appear when required, release him from bail. Provided that an appellant or respondent not on bail may, if he so desires, appear on the date fixed for hearing of the appeal.

(3) Notwithstanding anything written elsewhere in this section, if during the hearing of the appeal the court finds that any matter needs to be inquired into or any evidence needs to be presented with regard to the appeal, the appellant or respondent may be summoned and kept on bail in such circumstances. 143. Notice or order given to appellant or respondent to be served like summons: as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.Any notice or order given by the court to the appellant or respondent under section 140 or 142 shall be served in the same manner as a summons under Chapter-6. 144.
Muluki Criminal Procedure Code, 2017

144. Powers of appellate court: (1) While hearing an appeal under this Chapter, the appellate court shall have the following powers:-

(a) To confirm or reverse the judgment of the lower court, or to quash it wholly or partly,

(b) To reduce or increase the quantum of sentence imposed by the lower court on the convict, or to vary the sentence,

(c) If the judgment was rendered without examining necessary evidence, to examine such evidence itself or order the lower court to examine it,

(d) If any issue required to be determined in the case has not been determined, to determine such issue itself or send it to the lower court for determination as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.,

as added by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.(e) To make incidental or consequential changes in the judgment of the lower court.

(2) If an appeal is filed only by a particular convict or defendant against the judgment of the lower court, and while deciding such appeal it appears that the judgment of the lower court should be varied in respect of a convict or defendant who has not appealed, the appellate court may, stating the reason therefor, exercise the powers mentioned in sub-section (1) in respect of such convict or defendant as well and render a judgment according to law.

(3) Notwithstanding anything written elsewhere in this section, the appellate court may exercise, as necessary, the powers vested in the lower court. 145.
Muluki Criminal Procedure Code, 2017

145. Reference: (1) If any court renders a judgment sentencing any accused to imprisonment for twenty years or more or to life imprisonment, such court shall, within thirty-five days from the date of such judgment, submit a reference along with the case file to the appellate court.

as added by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.(1a) In a case where an accused is required to be sentenced to life imprisonment under prevailing law, if the accused has been proved guilty before the court, and considering the circumstances of the commission of such offence, the judge is of the opinion that sentencing to life imprisonment would be excessive in the interest of justice, and the judge renders a judgment with an opinion proposing a lesser sentence, the judge shall, within thirty-five days from the date of such judgment, submit the opinion along with the case file to the appellate court.

(2) If the appellate court, upon reference under sub-section (1), also determines to sentence such accused to imprisonment for twenty years or more or to life imprisonment, it shall submit a reference to the Supreme Court.

as added by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.(3) If an opinion is submitted under sub-section (1a) and the appellate court confirms the lesser sentence so proposed, it shall submit the opinion to the Supreme Court. 146. Appeal lies against reference judgment: A party dissatisfied with a judgment made subject to reference under section 145 may file an appeal against such judgment. 147. Reference judgment not to be made until appeal period expires: (1) In a case where a reference is submitted under section 145, no reference judgment shall be made until the period for filing an appeal expires.

(2) If an appeal is filed within the period under sub-section (1), the reference entry shall be struck off and the case shall be heard by way of appeal. Provided that if only some of the convicted persons appeal, the case in respect of those who have not appealed shall also be decided through the same appeal. 148.
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Provided that if only some of the convicted persons appeal, the case in respect of those who have not appealed shall also be decided through the same appeal. 148. Procedure for submitting reference: (1) When any court submits a reference in any case under section 145, it shall also send the case file of such case.

(2) In a case where a reference is submitted under sub-section (1), if the accused is in detention, the date of detention, the name of the prison where he is held, and if the accused is absconding or has escaped from detention, that fact shall also be disclosed while submitting the reference.

(3) Other procedures relating to the hearing of a reference shall be similar to the hearing of an appeal. 149. Powers of court hearing reference: (1) The court hearing a reference may exercise the same powers as those vested in an appellate court.

(2) While examining a reference, if it appears that the judgment of the lower court is not correct and some change may be required, a period of fifteen days shall be given and the concerned parties shall be summoned. 150. Appeal and reference judgment: An appeal judgment shall be made in the format according to Schedule-47, and a reference judgment shall be made in the format according to Schedule-48. Provided that, in circumstances where an appeal and a reference are to be rendered in the same judgment, it shall be made in the format according to Schedule-47. Chapter-15
Provisions Relating to Execution of Judgment

151.
Muluki Criminal Procedure Code, 2017

Provided that, in circumstances where an appeal and a reference are to be rendered in the same judgment, it shall be made in the format according to Schedule-47. Chapter-15
Provisions Relating to Execution of Judgment

151. Entry of sentence to be prepared: (1) After a judgment is rendered in any case by a court, the concerned court shall prepare an entry of the punishment, fine, or determined recompense or compensation imposed according to such judgment.

(2) If a person is convicted or found guilty by an appellate court upon dismissal or reversal of the judgment of the lower court, an entry thereof shall be prepared and a copy of the judgment shall be sent to the concerned District Court for execution.

(3) After an entry is prepared under sub-section (1) or (2), the concerned court shall execute the judgment, and if any work for the execution of the judgment is required to be done by any body, it shall order the concerned body to do such work.

(4) While making an order under sub-section (3), if the person sentenced to imprisonment is present in court, the court shall send him to prison; if he is not present or not in detention or imprisonment, the court shall send an order in the format as per Schedule-49 to the concerned police office to arrest him and hand him over to the prison.

(5) as amended by the Act Amending Some Nepal Acts relating to the Civil Code, 2075.If any doubt arises regarding the execution of the judgment, the prison office shall write to the concerned District Court, and shall act according to the order issued by the District Court. 152.