chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Army Act, 2006

27. Complaint Regarding Grievance or Injustice: (1) If any officer subject to the jurisdiction of this Act suffers a grievance in any matter from the Commanding Officer or a superior officer, he/she may file a complaint against it before his/her Commanding Officer.
(2) A person not satisfied with the decision given by the Commanding Officer or the officer regarding the complaint under sub-section (1) may file a petition to the Chief of the Army Staff.
(3) In the case of a person below the officer level, he/she may file a complaint before the relevant officer.
(4) When filing a complaint under sub-section (3), if the grievance caused by the officer is not heard, he/she may file a complaint before the Commanding Officer, and if not heard by the Commanding Officer either or not satisfied with his/her decision, may file a complaint before the Commanding Officer at the next higher level, and upon receiving such a complaint, the Commanding Officer shall give a copy thereof to the complainant and forward it to the higher level. If the Commanding Officer does not forward such a complaint, disciplinary action shall be taken against him/her.
(5) Regarding the complaint received under sub-section (1) and (4), the officer hearing the complaint shall investigate and resolve the grievance of the complainant, and if necessary, submit the complaint to an officer superior to him/her.
(6) If a complaint is to be made against the officer hearing the complaint himself/herself, the aggrieved person may file a complaint before an officer superior to such officer.
(7) The decision made by the Chief of the Army Staff regarding a complaint under this section shall be final.
(8) The method of hearing complaints shall be as prescribed.
(9) If the Government of Nepal deems reasonable, it may review the decision made under this section. 28. Preservation of Facilities Obtained Under Prevailing Law: The facilities obtained under this Chapter shall not be affected by other facilities obtained under prevailing law. Chapter-6

Military Welfare Fund

29.
Army Act, 2006

28. Preservation of Facilities Obtained Under Prevailing Law: The facilities obtained under this Chapter shall not be affected by other facilities obtained under prevailing law. Chapter-6

Military Welfare Fund

29. Establishment and Operation of Welfare Fund: (1) A Welfare Fund shall be established for welfare-related activities of serving and retired persons of the Nepali Army and their families.
(2) The Fund under sub-section (1) shall consist of the following amounts:-
(a) Amount deducted as a prescribed percentage from the amount received by the Nepali Army for services rendered while deployed in peacekeeping operations in any part of the world at the call of the United Nations,
(b) Amount saved from operating welfare activities from interest received on amounts deposited in various banks and financial institutions,
(c) Amount earned from investment in prescribed welfare activities,
(d) Amount kept in various banks and financial institutions as principal from the month of Ashadh of the year 2032 (1975) until the commencement of this Act, and the interest amount received therefrom,
(e) Movable and immovable property in the name of the institution designated by the Nepali Army Headquarters for welfare activities and the amount increased therefrom,
(f) Movable and immovable property currently used by the Nepali Army for welfare activities and the amount increased therefrom.
(3) To operate the Welfare Fund under sub-section (1), there shall be a seven-member Military Welfare Fund Operation and Management Committee as follows:-
(a) Chief of the Army Staff — Chairperson
(b) Two persons nominated by the Patron from among retired and serving military officers — Member
(c) Two persons nominated by the Chief of the Army Staff from among serving and retired military officers — Member
(d) Representative, Ministry of Finance (Gazetted First Class Officer) — Member
(e) Representative, Ministry of Defence (Gazetted First Class Officer) — Member
(4) To assist in the daily operation of the Committee, there shall be a Welfare Planning Directorate within the Nepali Army Headquarters. Its functions, duties, and powers shall be as determined by the Committee.
(5) The amount deposited in the Welfare Fund under sub-section (2) shall be spent for the welfare of serving and retired persons of the Nepali Army and their families as prescribed. Explanation: For the purpose of this section, "family" means the spouse, son, daughter, and mother and father whom the retired or serving person of the Nepali Army himself/herself has to support, and in the case of a female employee, includes her father-in-law and mother-in-law as well. 30. Patron of the Fund: The Prime Minister shall be the Patron of the Fund, and the Minister looking after the Ministry of Defence shall be the Co-patron. 31.
Army Act, 2006

30. Patron of the Fund: The Prime Minister shall be the Patron of the Fund, and the Minister looking after the Ministry of Defence shall be the Co-patron. 31. Functions, Duties and Powers of the Committee: The functions, duties, and powers of the Committee shall be as follows:-
(a) To formulate, implement, coordinate, and monitor welfare activities, prescribed income-generating activities, and welfare schemes,
(b) To perform welfare activities necessary for the families of soldiers who died or became disabled while engaged in military activities,
(c) To reduce, increase, or remove facilities and concessions under welfare activities,
(d) To formulate and implement procedures and directives necessary for conducting welfare activities, income-generating activities, and welfare schemes,
(e) To conduct welfare activities by entering into an agreement with the Nepali Army Headquarters on land and physical infrastructure being used by the Nepali Army,
(f) To form administrative, financial, and technical units as needed for conducting welfare activities, income-generating activities, and welfare schemes, appoint necessary manpower for such units, and determine their service, terms, and remuneration,
(g) To appoint experts for the effective implementation of welfare activities, welfare schemes, and income-generating activities, and determine their service, terms, and remuneration,
(h) To deploy serving military personnel as necessary for the security of places where welfare activities, income-generating activities, and welfare schemes are conducted,
(i) To acquire, purchase, lease, use, and sell or dispose of movable and immovable property subject to this Act,
(j) To perform other functions as prescribed. 32. Accounts and Audit of the Fund: (1) The daily income and expenditure accounts of the Fund shall be kept according to prevailing law, and the internal audit of the Fund shall be as determined by the Committee.
(2) The final audit of the Fund shall be conducted by the Office of the Auditor General. 33. Submission of Annual Report: Annually, the Committee shall submit a report including the income, expenditure, and progress details of the Fund to the Patron, and a copy thereof shall also be made available to the Amended by Some Nepal Acts Amendment Act to Make Compatible with the Constitution of Nepal, 2075 (2018).State Affairs and Good Governance Committee of the House of Representatives of the Federal Parliament. 34. Delegation of Powers: Any of the powers conferred on the Committee under this Chapter may, as necessary, be delegated to the Welfare Planning Directorate. 35.
Army Act, 2006

34. Delegation of Powers: Any of the powers conferred on the Committee under this Chapter may, as necessary, be delegated to the Welfare Planning Directorate. 35. Circumstances for Deprivation of Facilities and Concessions: (1) In the following circumstances, a serving or retired military person or his/her family may be deprived wholly or partially of the facilities and concessions provided under programs operated under welfare activities:-
(a) If proven to have committed an act detrimental to the Nepali Army,
(b) If proven to have acted contrary to the Constitution and this Act,
(c) If proven to have misused the facilities and concessions obtained under this Chapter,
(d) If punished for an offense against the state.
(2) Notwithstanding anything contained in sub-section (1), only that member of the family of a serving or retired military person who has committed the act mentioned in Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009).sub-section (1) shall be deprived of the facilities and concessions provided under programs operated under welfare activities. 36. Other Arrangements: Other arrangements relating to the use, operation, and management of the Military Welfare Fund shall be as prescribed. Chapter-7
Offences

37. Deemed to have Committed an Offence: If a person subject to the jurisdiction of this Act commits any act under Sections 38 to 65, he/she shall be deemed to have committed an offence under this Act. 38.
Army Act, 2006

Chapter-7
Offences

37. Deemed to have Committed an Offence: If a person subject to the jurisdiction of this Act commits any act under Sections 38 to 65, he/she shall be deemed to have committed an offence under this Act. 38. Offences Relating to the Enemy: Commission of any of the following acts shall be deemed to be an offence relating to the enemy:-
(a) Deserting or cowardly surrendering any garrison, fort, post, or place entrusted to one's security to the enemy, or inducing or compelling any Commanding Officer or any other person to do or cause to be done such an act,
(b) Shamefully throwing away arms, ammunition, equipment in the face of the enemy, or displaying other disgraceful conduct indicating cowardice,
(c) Spreading false reports during war or military operations with the intention of causing alarm or panic in a garrison, camp, or regiment,
(d) Corresponding or exchanging secret information with any person or enemy bearing arms against the State of Nepal in a manner that betrays the country, or committing any other such act,
(e) Directly or indirectly helping the enemy by giving them arms, ammunition, cash, goods, or any kind of supplies,
(f) Committing any act that renders the Nepali Army or any of its forces or parts unsuccessful,
(g) Treacherously or with cowardice raising a flag of truce before the enemy,
(h) Willingly fraternizing or working with a captured enemy or assisting the enemy,
(i) Knowingly harboring or protecting any enemy who is not a prisoner of war,
(j) Sleeping on one's post while on sentry duty during battle or terror, or consuming any kind of narcotic drug or intoxicating substance,
(k) Knowingly inducing or compelling any person subject to the jurisdiction of this Act to prevent, obstruct, or discourage him/her from carrying out operations against the enemy,
(l) Leaving without authorized leave from one's Commanding Officer while on active service, or quitting one's post, guard, picket, patrol, or group without proper relief or leave. 39.
Army Act, 2006

39. Mutiny: Commission of any of the following acts shall be deemed to be an offence of mutiny:-
(a) Taking part in a mutiny,
(b) Mutinying or causing mutiny in concert with any person of the Nepali Army or any force assisting it, or inciting or conspiring to do or cause to be done so,
(c) Failing to use utmost endeavors to suppress a mutiny when present at the place of mutiny,
(d) Knowing or having reasonable grounds to believe that a mutiny is intended or a conspiracy is ongoing, failing to give information thereof to one's Commanding Officer or superior officer,
(e) Deviating from patriotism and performance of duty, or causing or abetting a person to deviate from patriotism and performance of duty. 40. Other Offences Relating to the Enemy: Commission of any of the following acts shall be deemed to be other offences relating to the enemy:-
(a) Knowingly becoming a prisoner of the enemy through disobedience of orders without having been duly cautioned beforehand, or through willful neglect of duty, or failing to return after becoming a prisoner of the enemy when an opportunity to return exists,
(b) Communicating with the enemy without proper authority, or providing information in any other manner, or failing to immediately report such communication or action to one's Commanding Officer or superior officer despite knowing about it,
(c) Raising a flag of truce without proper authority. 41. Offences Against Active Service: Commission of any of the following acts shall be deemed to be an offence against active service:-
(a) Forcing or compelling a security guard or sentry,
(b) Entering any house or place with intent to loot,
(c) Sleeping on one's post while on sentry duty, or consuming any kind of narcotic drug or intoxicating substance,
(d) Leaving one's guard, picket, patrol, or post duty without permission from a superior officer,
(e) Knowingly or negligently giving an alarm signal or information in a camp, garrison, or quarter, or spreading unnecessary alarming or panicking news,
(f) Giving a parole, watchword, or countersign to an unauthorized person, or knowingly giving a false or different parole, watchword, or countersign to an authorized person. 42. Offence of Desertion: (1) Commission of any of the following acts shall be deemed to be an offence of desertion:-
(a) Deserting

54.
Army Act, 2006

42. Offence of Desertion: (1) Commission of any of the following acts shall be deemed to be an offence of desertion:-
(a) Deserting

54. Offense Relating to False Statement or Evidence: If any person falling within the jurisdiction of this Act, after taking an oath in a military court, gives any false statement or evidence, or gives a statement or evidence without reasonable cause to believe it to be true, which is believed or known to be false, such person shall be deemed to have committed the offense of giving a false statement or evidence. 55. Offense of Obtaining Appointment by Deception: If any of the following acts are committed, it shall be deemed to have committed the offense of obtaining appointment by deception: -

(a) Being appointed to another corps or department, other than the corps or department in which one is currently serving, without being relieved from duty through the regular procedure from the one's current corps or department, or without fulfilling the necessary conditions for appointment,

(b) While appointing a person to any unit of the Nepali Army, if that person, knowing or having reasonable cause to believe that there exists a situation where such person is deemed to have committed an offense under this Act, becomes involved in arranging the appointment of such person to any unit of the Nepali Army,

(c) If it is established that false details were knowingly given in the recruitment application form,

(d) If forged or fake certificates are submitted for the purposes of recruitment, promotion, training, or other service-related purposes. 56. Offense of Escape from Custody: If a person escapes while in lawful custody, it shall be deemed to have committed the offense of escape from custody. 57. Offense Relating to False Accusation: If any of the following acts are committed, it shall be deemed to have committed the offense relating to false accusation: -

(a) Knowing a matter to be false, or having reasonable cause to believe it to be false, making such a false accusation against a person falling within the jurisdiction of this Act,

(b) Knowing a matter to be false, or having reasonable cause to believe it to be false, filing a complaint under Section 27 that is detrimental to the character of any person falling within the jurisdiction of this Act, or giving false evidence, or knowingly concealing the true facts known in relation thereto. 58.
Army Act, 2006

58. Offense of Absence Without Leave (Desertion/AWOL): If any of the following acts are committed, it shall be deemed to have committed the offense of absence without leave: -

(a) Remaining absent without approved leave,

(b) Being absent beyond the period of approved leave without sufficient cause,

(c) While on leave, upon receiving an order from the relevant authority summoning for military duty for a formation, unit, or any of its parts, failing to report immediately without sufficient cause,

(d) Without sufficient cause, failing to appear at the designated place for duty or exercise, or at the parade at the appointed time,

(e) Leaving a parade or marching column without the permission of a superior officer or without sufficient cause,

(f) While at any camp, garrison, or other place, being found present, without a pass or written permission from a superior officer, at a place prohibited or outside the limits prescribed under any general, local, or other orders,

(g) While assigned to an educational institution for studies, remaining absent without leave approved by a superior officer or without proper cause. 59. Offense Relating to Military Court: If any of the following acts are committed, it shall be deemed to have committed the offense relating to a military court: -

(a) A person required to appear as a witness in a military court, upon due summons or order being issued, remaining absent without reasonable cause,

(b) Refusing to take an oath in a military court,

(c) Disobeying an order to produce or deliver to a military court any document in one's custody,

(d) In the capacity of a witness, refusing to answer a question lawfully asked,

(e) Using threatening language, obstructing or hindering the proceedings of a military court, thereby insulting or showing contempt towards the military court,

(f) Ignoring the execution of a judgment or order passed by a military court. 60. Offense of Illegal Withholding of Pay: If a person responsible for paying salary to a person falling within the jurisdiction of this Act unlawfully withholds the salary payable, by not paying it on time or refusing to pay it, such person shall be deemed to have committed the offense of illegal withholding of pay. 61.
Army Act, 2006

61. Offense of Irregular Arrest or Detention: If any of the following acts are committed, it shall be deemed to have committed the offense of irregular arrest or detention: -

(a) Arresting or detaining a person and failing to present the case before the relevant authority for investigation, or delaying the prosecution of the case without cause,

(b) A person who causes another to be kept in military custody failing to submit details to the officer authorized to order military custody and the Judge Advocate General, explaining the proper reason for such custody immediately, or as soon as possible, and in any case within twenty-four hours, except for reasonable cause. 62. Special Provisions Relating to Corruption, Theft Removed by the Act to Amend Some Nepal Acts to Make them Compatible with the Constitution of Nepal, 2075.: (1) If a person commits an act deemed to constitute corruption, theft Removed by the Act to Amend Some Nepal Acts to Make them Compatible with the Constitution of Nepal, 2075. under the prevailing law, such person shall be deemed to have committed the offense of corruption, theft Removed by the Act to Amend Some Nepal Acts to Make them Compatible with the Constitution of Nepal, 2075..

(2) For the purpose of investigating and inquiring into the offenses under sub-section (1) and filing cases, there shall be a committee as follows: -

(a) Deputy Attorney General designated by the Government of Nepal – Chairman
(b) Head of the Legal Branch of the Ministry of Defense – Member
(c) Representative of the Judge Advocate General, of at least the rank of Lieutenant Colonel – Member

(3) The representative mentioned in clause (c) of sub-section (2) must be a person not associated with the military court related to the case.

(4) The Special Military Court constituted under sub-section (1) of Section 119 shall have the authority for initial proceedings and adjudication of cases under sub-section (1).

(5) The committee under sub-section (2) shall have the same powers as the officer authorized to investigate and inquire into respective cases under the prevailing law. 63.
Army Act, 2006

63. Miscellaneous Offenses: (1) If any of the following acts are committed, it shall be deemed to have committed a miscellaneous offense: -

(a) A person commanding any post or march, misbehaving, assaulting, or otherwise harassing any person under their command, or creating a riot or disturbance in any public place, or trespassing; failing to submit a complaint regarding compensation for damage caused by such riotous entry to the relevant authority, or failing to provide compensation,
(b) Disturbing the sanctity of a religious place, or knowingly insulting anyone's religion in any other manner, or hurting their religious sentiments,
(c) A soldier of the rank below Jamadar, while not engaged in duty, carrying weapons or equipment while going to or coming from the vicinity of a camp or cantonment or city market without the order of the relevant authority,
(d) Taking or agreeing to take, directly or indirectly, any bribe or gratification in exchange for promising to arrange appointment, promotion, leave approval, or any other benefit for someone in the Nepali Army,
(e) Causing any harm or damage to the person or property of a citizen or resident of the country where one is serving.

(2) In addition to the acts mentioned in sub-section (1), if a soldier of the rank of Billedar or below commits any other prohibited act during military operations, beyond those specified in this Chapter, it shall be deemed to have committed a miscellaneous offense. 64. Attempt to Commit Offense: If a person attempts to commit any offense mentioned in this Chapter, or does any act for that purpose, it shall be deemed an attempt to commit such offense. 65. Abetment to Commit Offense: If a person abets the commission of any offense mentioned in this Chapter, it shall be deemed to have committed the offense of abetment. 66.
Army Act, 2006

65. Abetment to Commit Offense: If a person abets the commission of any offense mentioned in this Chapter, it shall be deemed to have committed the offense of abetment. 66. Offenses under Other Laws: (1) In cases where a person falling within the jurisdiction of this Act commits offenses under Sections 38 to 61, and unless such offenses occur exclusively between military personnel, the following offenses committed by a person within the jurisdiction of this Act shall fall under the jurisdiction of other courts: -

(a) Murder,
(b) Rape,
Added by the Act to Amend Some Nepal Acts to Make them Compatible with the Constitution of Nepal, 2075.(c) Torture,
Added by the Act to Amend Some Nepal Acts to Make them Compatible with the Constitution of Nepal, 2075.(d) Disappearance.

(2) If ordered by the body or investigating officer responsible for the criminal investigation of offenses under sub-section (1), persons accused of involvement in such offenses must be handed over by the Commanding Officer of their place of work, or the head of department or relevant authority, upon request from the said body or officer. Even if a person is retired or an absconder, this shall not hinder investigation and action under prevailing law.

(3) A person within the jurisdiction of this Act who is under investigation under the jurisdiction of another court shall remain automatically suspended for the period of detention and until the final verdict in the case, if the case is heard in court.

(4) Notwithstanding the commencement of investigation into an offense under the jurisdiction of another court concerning a person within the jurisdiction of this Act, nothing in this section shall be deemed to prevent the formation of a Court of Inquiry to investigate offenses under the jurisdiction of this Act, and to take necessary actions against such person. Chapter-8
Formation and Jurisdiction of Military Court

67.
Army Act, 2006

Chapter-8
Formation and Jurisdiction of Military Court

67. Formation of Military Court: (1) For the hearing and adjudication of cases related to offenses under Chapter-7, the following military courts shall be formed: -

(a) General Military Court consisting of five officers, including at least one General Officer, two Major Generals or Brigadier Generals, and two Colonels.
(b) Summary General Military Court consisting of at least three officers, including at least two officers of the rank of Colonel,
(c) District Military Court consisting of at least three officers from among those who have held a commissioned rank for at least two years,
(d) Summary Military Court consisting of a single person who is the Commanding Officer of any department, formation, or unit of the Nepali Army.

(2) In the military courts under clauses (a) and (b), at least one officer should, if available, be a graduate in law.

(3) To assist in the proceedings of the Summary Military Court, two officers or two warrant officers, or a total of two persons consisting of one from each rank, shall be present.

(4) A military court shall not conduct proceedings and adjudicate cases with a number of members less than that specified in sub-section (1). 68. Jurisdiction of Military Court: The jurisdiction of the military court shall be as follows, except for the cases mentioned in Sections 62 and 66 of this Act: -

(a) The General Military Court and the Summary General Military Court shall have the authority to conduct prosecution, hearing, proceedings, and adjudication of cases related to offenses committed by persons falling within the jurisdiction of this Act, and to award punishment.
(b) The District Military Court shall have the authority to conduct prosecution, hearing, proceedings, and adjudication of cases related to offenses committed by persons falling within the jurisdiction of this Act, other than officers and warrant officers, where the maximum punishment is imprisonment for up to two years, and to award punishment.
(c) Subject to the provisions written in the following sub-clauses, the Summary Military Court shall have the authority to conduct prosecution, hearing, proceedings, and adjudication of cases related to offenses committed by persons falling within the jurisdiction of this Act, other than officers and warrant officers, and to award punishment: -
 (1) If the person summoning the military court is of the rank of Brigadier General or above, cases punishable with imprisonment up to one year,
 (2) If the person summoning the military court is of a rank lower than Brigadier General, cases punishable with imprisonment up to six months. 69.
Army Act, 2006

69. Decision to Prosecute in Military Court or Other Court: (1) If a dispute arises regarding whether to prosecute an offense under this Act in a military court or another court, the case shall be prosecuted in the other court.

(2) If a case is to be filed in another court pursuant to sub-section (1), the accused shall be suspended from service and handed over to the court where the case is to be filed. 70. No Double Jeopardy for Same Offense: Once a person falling within the jurisdiction of this Act has been prosecuted, heard, proceeded against, and adjudicated by a military court for any offense under Sections 38 to 65 of this Act, or has been given departmental punishment, such person shall not be proceeded against again for the same offense. 71. Limitation Period for Prosecution: (1) Except for offenses under Sections 39, 42, 46, 49, 55, 56, and 62, a case shall not be prosecuted in a military court after the expiration of three years from the date of the commission of the offense.

(2) For the purpose of calculating time under sub-section (1), the period during which the accused was a prisoner of war, was held by the enemy in their territory, or was absconding without being apprehended for the offense, shall not be counted. 72. When Prosecution Allowed: (1) For an offense committed while a person was within the jurisdiction of this Act, such person may be placed in military custody and prosecuted even after ceasing to be within the jurisdiction of this Act.

(2) Notwithstanding anything written in sub-section (1), except for an offense under Section 39, 42, or 55, if a case is not initiated within six months of the person ceasing to be within the jurisdiction of this Act, the offender shall not be prosecuted.

(3) If a person falling within the jurisdiction of this Act is sentenced to imprisonment by a military court, and is subsequently removed from service, discharged, or otherwise ceases to be within the jurisdiction of this Act, such person shall be deemed to remain within the jurisdiction of this Act until the completion of the imprisonment term, and the sentence may be executed or caused to be executed. 73.
Army Act, 2006

73. Authority to Convene a Military Court: (1) The following authorities shall have the power to convene a military court: -

(a) The Chief of the Army Staff, or an officer authorized by him, unless otherwise directed by the Government of Nepal, for a General Military Court,
(b) The following officers for a Summary General Military Court, unless otherwise directed by the Government of Nepal: -
 (1) An officer authorized by the Chief of the Army Staff,
 (2) The Commanding Officer engaged in military operations, or an officer authorized by him,
 (3) An officer commanding any unit engaged in military operations who determines, after due consideration of military discipline and necessity, that it is not practical for a General Military Court to prosecute a particular offense.
(c) The officer authorized to convene a General Military Court under clause (a), or an officer authorized by him, for a District Military Court,
(d) Any Commanding Officer of a department, formation, or unit of the Nepali Army for a Summary Military Court.

(2) The officer authorized to convene a military court shall convene the military court within thirty days from the date the condition necessitating the convening of the military court arises.

(3) When delegating authority under clauses (a) and (b) of sub-section (1), the delegating authority may specify conditions as needed. Chapter-9

Investigation, Inquiry, and Case Filing

74. Keeping in Military Custody: (1) A person falling within the jurisdiction of this Act may be kept in military custody if accused of any offense under Chapter-7.

(2) Any officer of a higher rank than the person accused of an offense may order such person to be kept in military custody.

(3) Notwithstanding anything written in sub-section (2), an officer of a lower rank may order the detention in military custody of a person involved in a quarrel, riot, or disorder, even if that person is of a higher rank.

(4) If it is necessary to detain, according to law, a person who must be prosecuted in another court for an offense not heard by a military court, from the time of investigation to the filing of the case, such person may be suspended from service and kept in military or police custody by order of such court. If required to be produced before the court while in military custody, the concerned military officer shall arrange for the production. Provided that, after the case is filed, such person shall not be kept in military custody.

(5) If the case is to be filed in a military court, it shall be sent to the military court; if in another court, it shall be sent to that other court. 75. 76.
Army Act, 2006

Provided that, after the case is filed, such person shall not be kept in military custody.

(5) If the case is to be filed in a military court, it shall be sent to the military court; if in another court, it shall be sent to that other court. 75. 76. Request for Arrest: (1) If a Commanding Officer needs to arrest a person accused of an offense, he may request the Chief District Officer of the district where the accused is located; upon such request, the relevant Chief District Officer shall arrest the accused and hand them over to the relevant officer.

(2) The Commanding Officer of the formation, unit, or sub-unit of an absconder who has left service or deserted may provide details of the absconder and request the Chief District Officer to arrest such absconder; upon such request, the relevant officer shall arrest the absconder and hand them over to the relevant officer.

(3) Notwithstanding anything written in sub-section (1) or (2), if a police officer has reasonable cause to believe that a person has left service or absconded after committing any other offense, such police officer may arrest such person without a warrant and shall hand them over to the Chief District Officer for necessary action. 77. Inquiry into Absence Without Leave: If a person remains absent without approved leave for more than thirty days, a Court of Inquiry shall be formed as soon as possible to conduct an investigation. The court officer shall, upon taking an oath, conduct an investigation and make a determination regarding whether the person was absent without approved leave or without other sufficient cause, and also regarding the shortage or surplus of government property, arms, ammunition, equipment, instruments, clothing, or other items in the person's custody. The Commanding Officer shall record the decision in the military court records of the relevant corps or department. 78. Provost Marshal: (1) Unless otherwise directed by the Government of Nepal, the Chief of the Army Staff or an officer designated by him may appoint the Provost Marshal.

(2) It shall be the duty of the Provost Marshal to take charge of persons in custody for any offense, to maintain order and discipline in the military, and to prevent acts that disrupt order and discipline by persons enrolled in or serving in the Nepali Army.

(3) The Provost Marshal may, at any time, arrest for prosecution a person who has committed an offense or is accused of an offense, and shall execute punishments awarded by a military court or an officer authorized to award departmental punishment. Chapter-10

Procedure of Military Court

79.
Army Act, 2006

Chapter-10

Procedure of Military Court

79. Seat and Hearing of Military Court: (1) A military court may hold its seat at any place, inside or outside Nepal, during the course of a trial.

(2) Except when necessary for the protection of national security, public order, and the rights of the victim, the hearing of a military court shall generally be open. 80. President of Military Court: (1) The senior-most officer among the officers sitting in the military court shall preside over the military court.

(2) In the absence of the senior officer presiding over the military court, the next senior officer, subject to the provisions of Section 67, shall preside over the military court. 81. Presence of Judge Advocate General: (1) In every General Military Court, Summary General Military Court, and District Military Court, the Judge Advocate General, or a Judge Advocate officer deputed or designated by the Judge Advocate General, shall be present as the Judge Advocate.

(2) If an accused prosecuted for an offense requests the Defense Branch of the Judge Advocate General to assign a Judge Advocate officer of their choice for their defense in the military court, the Judge Advocate General shall assign a Judge Advocate officer. Where a Judge Advocate officer is so assigned, such Judge Advocate officer shall conduct the defense on behalf of the accused in the military court. 82. Right of Challenge: (1) After a case is presented for trial before a military court, the names of the President and members of the military court shall be read out to the accused, and the accused shall be asked whether they have any objection regarding the President or any member.

(2) If the accused raises an objection under sub-section (1) regarding the President or any member, a record shall be made of the reasons for the objection and the reply given by the challenged President or member. The unchallenged President and members shall, in the absence of the challenged President or member, deliberate and decide on the matter of such challenge.

(3) If at least fifty percent of the members accept the accused's challenge, the position of the challenged President or member shall become vacant. Another officer shall be appointed to the vacant position, and the procedure for challenge under sub-section (1) shall be repeated regarding the newly appointed President and members.

(4) After the challenge procedure under sub-section (2) or (3) is completed, the military court shall commence the trial. 83. Oath: Before conducting the trial, the President and members of the military court and the Judge Advocate shall take an oath as prescribed. 84. Decision Making Process: (1) The decision of a military court shall be based on a majority vote.
Army Act, 2006

83. Oath: Before conducting the trial, the President and members of the military court and the Judge Advocate shall take an oath as prescribed. 84. Decision Making Process: (1) The decision of a military court shall be based on a majority vote. If the votes are equal, the decision shall be deemed to be in favor of the accused. Provided that, for the following matters, it shall be as follows: -
 (a) For a sentence of Amended by the Act to Amend Some Nepal Acts to Make them Compatible with the Constitution of Nepal, 2075. life imprisonment to be passed by a General Military Court, at least a two-thirds majority is required.
 (b) For a sentence of Amended by the Act to Amend Some Nepal Acts to Make them Compatible with the Constitution of Nepal, 2075. life imprisonment to be passed by a Summary General Military Court, unanimity is required.

(2) Notwithstanding anything written in sub-section (1), on procedural matters other than the sentence and verdict, the opinion supported by the President shall prevail.

(3) When a sentence is passed by a military court, the Judge Advocate present in the military court, or his representative, may express their separate opinion.

(4) During the investigation and hearing of a case in a military court, the criminal justice rights of the accused shall be protected, and reasonable opportunity shall be given to present defense evidence. 85. Judicial Notice: A military court may take judicial notice of the general military knowledge present among the President and members. 86. Issuance of Summons: (1) The officer who convened the military court, or the President of the military court, or the Judge Advocate General, or the Commanding Officer of the accused, may issue a summons to a concerned person to produce any document or other thing, or to appear as a witness at a specified place and time.

(2) If any specific document or other thing in the custody of a witness needs to be produced, that matter must be clearly mentioned in the summons.

(3) If a witness is a person within the jurisdiction of this Act, the summons shall be sent to their Commanding Officer, who shall serve such summons.

(4) If information is available that a witness is within the area of a Chief District Officer, the summons for such witness shall be sent to that Chief District Officer, who shall cause the summons to be served on such witness.

(5) Every person giving testimony as a witness in a military court shall be sworn in as prescribed before giving a statement. 87.
Army Act, 2006

87. Commission for Examination of Witnesses (Interrogatories): (1) If, during the course of a trial, it appears that producing a witness before the military court to give evidence would cause unnecessary delay, expense, or inconvenience, the military court may order the Judge Advocate to examine such witness by means of interrogatories (commission).

(2) Upon an order under sub-section (1), the Judge Advocate may request the relevant Chief District Officer to serve interrogatories on the witness; upon such request, the Chief District Officer shall cause the commission to be executed according to the prevailing law.

(3) Among the questions the accused or their legal practitioner wishes to raise, the military court shall include in the interrogatories those questions relevant to the case.

(4) The accused's legal practitioner or agent, or the accused themselves if not in custody, may appear before the Chief District Officer and cross-examine the witness.

(5) After the process of taking statements according to the interrogatories is completed, the Chief District Officer shall send the interrogatories to the Judge Advocate.

(6) The interrogatories received under sub-section (5) shall be forwarded by the Judge Advocate to the relevant military court. If the military court has been dissolved, they shall be forwarded to another court trying the case. The received interrogatories shall be attached to the record by the military or other court, and the legal practitioner or accused may inspect them if they wish.

(7) The military court may adjourn the trial for a reasonable time necessary for the return of the interrogatories. 88. Presumption Regarding Signature: In any proceeding under this Act, the signature on any application, certificate, arrest warrant, correspondence, or any other document made by any officer serving in any service of the Government of Nepal shall, unless proven otherwise, be deemed to be that officer's signature. 89.
Army Act, 2006

88. Presumption Regarding Signature: In any proceeding under this Act, the signature on any application, certificate, arrest warrant, correspondence, or any other document made by any officer serving in any service of the Government of Nepal shall, unless proven otherwise, be deemed to be that officer's signature. 89. Documents Deemed Evidence: In cases tried by a military court, the contents written in the following documents shall be taken as evidence: -

(a) Details mentioned in the attestation form by the concerned person at the time of appointment,
(b) The original Attestation Form, or a copy thereof certified as "true copy of the original" by the officer responsible for the form,
(c) The contents of any letter, correspondence, or other document signed by the Chief of the Army Staff or an officer designated by him, on behalf of the Government of Nepal, regarding service in the Nepali Army, discharge, or relief from duty,
(d) The contents mentioned in the military order registered in the books of the Nepali Army or published in the Nepal Gazette, or in the military order or Nepal Gazette recorded in such books, regarding the status, rank, and appointment of warrant officers or other ranks,
(e) The contents mentioned in the Regimental Book, signed by the Commanding Officer or the officer responsible for maintaining records,
(f) The contents mentioned in a copy of the Regimental Book certified as "true copy of the original" by the officer responsible for the Regimental Book,
(g) The contents mentioned in a letter signed and certified by such officer, person, or the Commanding Officer of that unit of the Nepali Army, concerning the surrender or apprehension of a person falling within the jurisdiction of this Act who is being tried for an offense under Sections 42 and 58, stating the true facts regarding the place, date, and description of clothing worn by the person at the time of surrender or apprehension,
(h) The contents mentioned in a letter signed and certified by a police officer, stating the true facts regarding the place, date, and description of clothing worn by the person at the time of surrender to or apprehension by the head of a police station, regarding a person falling within the jurisdiction of this Act who is being tried for an offense under Sections 42 and 58,
(i) The contents mentioned in a report duly obtained from a forensic expert or forensic laboratory submitted for inspection or investigation. 90.
Army Act, 2006

90. Requesting Information from Government Officials: (1) If a person accused of an offense under Sections 42 and 58 requests an inquiry with any official of the Government of Nepal regarding the matter, or if the military court itself deems it reasonable to inquire into the matter, the court may request necessary information from such official and may adjourn the trial until such information is received.

(2) Information obtained under sub-section (1) shall be treated as a statement given before the military court.

(3) If the military court is dissolved before receiving information under sub-section (2), or if the military court omits to complete the procedure under this section, the officer who convened the military court may annul the proceedings and order a re-trial. 91. Evidence of Previous Punishment and Character: (1) When passing judgment on any accused person prosecuted for an offense under Chapter-7, the court may ascertain whether such accused was previously convicted or acquitted by a military or other court, or received departmental punishment, and may take into account the decision therein as evidence. For this purpose, the military court may also take into consideration the character of the accused and their past activities.

(2) The evidence under sub-section (1) may be oral, or written in the books of a military court or other government books, or a certified extract of such books, and it shall not be necessary to give prior notice to the accused that the previously adjudicated offense, or the character and past activities of the accused, may be taken as evidence.

(3) If the Summary Military Court deems it appropriate, it may, regarding any previous judgment concerning the accused, record information received regarding such judgment, the accused's character, and past activities under this Act without requiring formal proof. 92. Application of Evidence Act, 2031: While taking evidence during the trial of an offense under this Act, the military court shall follow procedures under this Act where provisions exist, and in other matters, procedures according to the Evidence Act, 2031. 93.
Army Act, 2006

92. Application of Evidence Act, 2031: While taking evidence during the trial of an offense under this Act, the military court shall follow procedures under this Act where provisions exist, and in other matters, procedures according to the Evidence Act, 2031. 93. Defense of Insane Accused: (1) If, during a trial by a military court, it appears that the accused is incapable of making a defense due to insanity, or that the accused committed the act due to insanity and was incapable of knowing the nature of the act or that it was wrong and contrary to law, the military court shall make a record (parcha) in this regard.

(2) The President of the military court, or in the case of a Summary Military Court, the officer conducting the trial, shall immediately submit the record made under sub-section (1) to the officer authorized to confirm the case or the officer under sub-section (3) of Section 115.

(3) If the officer authorized to confirm the case does not confirm the report received under sub-section (2), such officer may take necessary action to have the case of such accused tried by the same or another military court.

(4) If the contents mentioned in the record submitted under sub-section (2) are confirmed by the Summary Military Court, the confirming officer shall order the accused to be kept in custody and submit it to the Government of Nepal, Ministry of Defense, for approval.

(5) After receiving the report under sub-section (4), the Ministry of Defense may order the accused to be kept in custody in a mental hospital or other suitable safe place. 94. Trial of Insane Accused: (1) If a report is received from a physician that an insane accused kept in custody under Section 93 is capable of defending against the charges against them, or if the head of the mental hospital or prison certifies that the insane accused kept in custody in a mental hospital or prison can defend against the charges against them, the Senani, Corps Commander, Paltan Commander, or Brigade Commander of the area where the accused is located, or any other officer in their place, may order the case to be tried for the original charges by the same or another military court. For offenses other than those under this Act, covered by other prevailing laws, they may order trial by another court.

(2) The order issued under sub-section (1) shall be sent to the Ministry of Defense for information. 95.