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

54. Joint prosecution may be conducted: (1) A case may be conducted against the following persons through a single charge sheet, report, complaint, plaint or order sheet:

(a) Persons who commit the same or different offenses in the course of the same act,
(b) Persons who, even if not in the course of the same act, jointly or in collusion commit one or more offenses, or
(c) Persons who commit different offenses connected with each other.

(2) In the case of persons involved in the following offenses, a case may be conducted through a single charge sheet, report, complaint, plaint or order sheet:

(a) Attempt to commit an offense, abetment or criminal conspiracy,
(b) An offense where the person is an accomplice,
(c) An offense of keeping, buying, selling, giving or receiving any article obtained from an offense,
(d) An offense of keeping, selling, giving or receiving any article with the intention of committing an offense, or
(e) An offense of concealing or harboring any person connected with an offense. 55. Separate complaint to be lodged for each offense or accused: Except as otherwise provided in sections 53 and 54, a separate charge sheet or complaint shall be lodged or a separate order sheet shall be prepared for each offense or accused. 56. To make the Government of Nepal the plaintiff: In cases relating to offenses under Schedule-1 and Schedule-2, except cases conducted upon a complaint under sub-section (2) of section 52, the Government of Nepal shall be made the plaintiff and the case proceedings shall be conducted accordingly. Chapter-6

Arrest Warrant and Summons

57. Arrest or issuance of summons: (1) After a complaint is lodged under this Act, in cases relating to offenses mentioned in Schedule-1 and Schedule-2, the court shall, subject to this Chapter, issue an arrest warrant or summons as necessary to secure the attendance of an accused who has not appeared with the complaint.

(2) The court shall issue an arrest warrant under sub-section (1) to secure the attendance of an accused in the following offenses:

(a) Heinous offense or serious offense,
(b) An offense of attempt, abetment or criminal conspiracy to commit any offense mentioned in clause (a), or an offense of being an accomplice in such offense, or an offense of concealing or harboring an accused of such offenses.

(3) For offenses other than those mentioned in sub-section (2), the court shall issue a summons as necessary to secure the attendance of the accused in court.
Muluki Criminal Procedure Code, 2017

Provided that, if there is reasonable cause to believe that the accused is likely to abscond and cannot be arrested, or if the accused fails to appear in court within the period specified in the summons, the court may issue an arrest warrant under sub-section (2) in respect of such accused.

(4) If there is reasonable cause to believe that any document or evidence required to be submitted in court is likely to be concealed or destroyed, or if any document or evidence is not submitted in court within the period specified in the summons issued under sub-section (3), the court may issue an arrest warrant to arrest and produce the person who has the duty to submit such document or evidence.

(5) Where an arrest warrant is issued under sub-section (4), the court may order any employee or police officer to search the place where the document or evidence mentioned in that sub-section is located and submit it in court.

(6) When an employee or police officer under sub-section (5) searches any place, it shall be done in accordance with section 18.

(7) When the court issues an arrest warrant or summons to secure the attendance of an accused under this section, a notice in the format according to Schedule-22, disclosing the substance of the complaint, shall also be sent. 58. Procedure for issuing arrest warrant: (1) When issuing an arrest warrant under this Chapter, the court shall clearly mention the full name and address of the person to be arrested and the reason for arrest, and issue the warrant in the format according to Schedule-23 in the case of an accused, and in the format according to Schedule-24 in the case of a witness or other person.

(2) The arrest warrant issued under sub-section (1) shall be signed and sealed by the concerned officer and bear the seal of the court.

(3) When issuing an arrest warrant under sub-section (1), it shall be issued in the name of the police office of the area where the person to be arrested resides or is likely to reside.
Muluki Criminal Procedure Code, 2017

59. Procedure for issuing summons: Amended by the Nepal Acts Amending Relating to the Civil Code, 2075.(1) When the court issues a summons in the name of the accused or defendant to appear in court under this Act, it shall specify a period of twenty-one days, excluding travel time. Amended by the Nepal Acts Amending Relating to the Civil Code, 2075.(2) When issuing a summons in the name of the accused or defendant under sub-section (1), for cases other than those involving offenses listed in Schedule-4, the summons shall be issued in the format according to Schedule-26, and for cases involving offenses listed in Schedule-4, in the format according to Schedule-27. Amended by the Nepal Acts Amending Relating to the Civil Code, 2075.(3) If a petition is filed stating the reason for inability to appear within the period under sub-section (1) and requesting an extension of the summons period, and if such reason appears reasonable, the court may order an extension of the summons period for once, up to a maximum of fifteen days. Removed by the Nepal Acts Amending Relating to the Civil Code, 2075.(4)

(5) In respect of an amended by the Nepal Acts Amending Relating to the Civil Code, 2075.accused or defendant who fails to appear within the period specified in the summons duly served under this section, if the court deems that he/she should be arrested and produced, it may issue an arrest warrant in accordance with the proviso to sub-section (3) of section 57. Provided that, if the accused files a petition stating that he/she could not appear within the specified period due to circumstances beyond his/her control, and if the court finds the contents of the petition reasonable, it may order an extension of the period for up to a maximum of fifteen days, excluding travel time, from the date the circumstances beyond control ceased.
Muluki Criminal Procedure Code, 2017

Explanation: For the purposes of this Act, "period during which circumstances beyond control persisted" refers to the following periods:

(a) If any person required to appear in court has died and, according to tradition, the person himself/herself is required to observe mourning or amended by the Nepal Acts Amending Relating to the Civil Code, 2075.mourning equivalent to Kriya, seven days excluding travel time from the date of completion of fifteen days from the death of such person,
(b) If the person required to appear in court is a woman who has given birth, sixty days excluding travel time from the date of childbirth,
(c) If roads are blocked by floods, landslides or snow, or if a curfew is declared, or if public transport is not operating for any other reason, fifteen days excluding travel time from the date the road opens or public transport resumes,
(d) If a disaster such as an earthquake or volcanic eruption occurs within the period for appearing in court, ten days excluding travel time from the date of such occurrence,
(e) If the person required to appear in court is abducted or held hostage by someone, fifteen days excluding travel time from the date of release from such abduction or hostage,
(f) If the person required to appear in court is unconscious or unable to move due to an accident, or is unable to move due to a debilitating illness and is admitted to a government-approved hospital for treatment, the period until discharge from the hospital, not exceeding fifteen days in the case of a party in a case under Schedule-4, and not exceeding three months in the case of a party in other cases.

(6) In the situations under clauses (a) and (e) of sub-section (5), the concerned person shall, as far as possible, immediately inform the court thereof. Added by the Nepal Acts Amending Relating to the Civil Code, 2075.(7) A petition filed under sub-section (5) shall be accompanied by such evidence as may be necessary to substantiate the occurrence of the circumstances beyond control. 60. Summons may be issued in the name of a witness: When the court issues a summons in the name of a witness under this Act, it shall be issued in the format according to Schedule-28, mentioning the necessary details. 61.
Muluki Criminal Procedure Code, 2017

60. Summons may be issued in the name of a witness: When the court issues a summons in the name of a witness under this Act, it shall be issued in the format according to Schedule-28, mentioning the necessary details. 61. Service of summons: (1) When sending a summons for service, three copies of the summons shall be given and it shall be sent for service through a police employee, an employee of the court, or any other government office designated by the court.

(2) A summons issued under this Act shall, as far as possible, be delivered to the person in whose name it is issued.

(3) When going to serve the summons under sub-section (2), if the concerned person is not found, or if found but refuses to accept it, it may be delivered to any adult member of his/her household who has attained at least eighteen years of age.

(4) If the concerned person or a household member under sub-section (3) is not found, or if found but the person or the household member also refuses to accept it, then in the presence of one member of the concerned ward committee of the local level and at least two local persons, the server shall affix one copy on the door of his/her house after obtaining signatures of himself/herself and such persons, and shall deposit one copy at the concerned amended by the Nepal Acts Amending Relating to the Civil Code, 2075.ward office of the concerned local level, and submit one copy of the served summons to the court.

(5) The notice under the summons received under sub-section (4) shall be affixed on the notice board of the concerned ward office of the local level.

(6) If at least one member of the concerned ward committee of the local level and at least two local persons certify that the person for whom the summons was issued under sub-section (5) does not reside at the address mentioned in the summons, then, if the address where he/she resides can be ascertained, it shall be stated; if not, the summons shall be returned to the court stating that fact.

(7) Where a summons is returned under sub-section (6), the court shall, after also ascertaining the plaintiff party if the address is not clear, issue another summons specifying the address as necessary.

(8) If a summons is to be served in the name of an office bearer or employee of the Government of Nepal or any organized institution, the summons may be served at the office where such office bearer or employee is currently posted.

(9) Where a summons is sent for service under sub-section (8), the head of such office or institution who is immediately available shall deliver one copy of the summons to the concerned office bearer or employee, and shall send another copy back to the court, mentioning the date and details of service, and, if possible, obtaining the signature of the concerned office bearer or employee.

(10) If the summons cannot be served under sub-section (9), it shall be affixed on the notice board of the concerned office or institution.
Muluki Criminal Procedure Code, 2017

A report of such affixation shall be submitted to the concerned court.

(11) When serving a summons under sub-section (8), if such office bearer or employee is on leave, the concerned office or institution shall, as soon as possible, notify such employee that the summons has been served.

(12) If a summons is to be served in the name of an organized institution, one copy of such summons shall be delivered to the principal or local office of such institution, and a receipt thereof shall be submitted to the court.

(13) Where a summons is served at the local office under sub-section (12), it shall be deemed to have been served at the principal office of such institution.

(14) When serving a summons under this section, the serving employee shall submit a report to the court stating the date and details of service.

(15) If any court needs to serve a summons on a person residing in an area outside its jurisdiction, it shall send the summons to the court of that area for service through that court, and such court shall also serve the summons under this Chapter and send back one copy thereof to the court that issued the summons.

(16) When serving a summons under this section, the notice sent to the accused under sub-section (7) of section 57 shall also be delivered along with the summons or, if appropriate, affixed on the door of the house. 62. Summons may be served through print or electronic media: (1) If a summons cannot be served under section 61, the court may cause service by publishing the substance of such summons in any national daily newspaper owned by the Government of Nepal or by broadcasting it through electronic media.

(2) Where a summons is published or broadcast under sub-section (1), such summons shall be deemed to have been duly served. 63.
Muluki Criminal Procedure Code, 2017

64. Arrest warrant or summons may be issued or served in the name of an accused staying abroad: (1) Notwithstanding anything contained elsewhere in this Chapter, if an accused in a case pending in any court resides abroad, when it is necessary to issue an arrest warrant or serve a summons in the name of such person, the arrest warrant may be issued or summons served in the name of such person in accordance with the prevailing law relating to mutual legal assistance.

(2) If information is received by the Government of Nepal that an arrest warrant or summons issued under sub-section (1) has been served, the court concerned shall be informed thereof.

(3) If an arrest warrant or summons issued under sub-section (1) cannot be served, such arrest warrant or summons may be served by publishing it in a national daily newspaper owned by the Government of Nepal or by broadcasting it through electronic media.

(4) Where an arrest warrant is issued or a summons is served under sub-section (1), it shall be deemed to have been issued or served under this Act.

(5) If an arrest warrant is issued under sub-section (1) and the police of the concerned country arrests the accused and hands him/her over to any police office, he/she shall be produced before the concerned court as soon as possible, within a maximum of twenty-four hours excluding travel time.

(6) Notwithstanding anything contained elsewhere in this section, if an arrest warrant cannot be issued or a summons cannot be served in the name of a person staying abroad under this section, the case proceedings and adjudication shall not be deemed to be hindered solely for that reason. 65.
Muluki Criminal Procedure Code, 2017

65. Special provisions regarding absconding persons: (1) In the case of a person who, after an arrest warrant is issued under this Chapter, cannot be found and arrested, or remains absconding and does not appear in court, from the day following the expiry of amended by the Nepal Acts Amending Relating to the Civil Code, 2075.thirty-five days from the issuance of the arrest warrant until such person appears in court, the following matters shall be as follows:

(a) If such person is a sitting office bearer or employee of the Government of Nepal, Provincial Government, local level, constitutional body or any government office, organized institution wholly or partially owned or controlled by the Government of Nepal, Provincial Government or local level, educational or academic institution or any other public institution, he/she shall be deemed to be automatically suspended from his/her post,
(b) If the property of such person is not already attached under sub-section (15) of section 58, the immovable property in his/her name shall be attached under that same sub-section,
(c) If any industry, trade or business in the name of such person or under his/her sole ownership, or any firm, industry, license, etc., relating to income tax registration requires renewal, the renewal process shall automatically remain suspended,
(d) Trading of securities in the name of such person shall be automatically frozen,
(e) Facilities such as salary, allowances, gratuity, pension that such person is entitled to receive by law shall be deemed to be automatically frozen,
(f) Royalties, benefits or facilities that such person receives from intellectual property such as patents, designs, trademarks, copyright under prevailing law shall be deemed to be automatically frozen,
(g) If it is known that there is a bank account in the name of such person, and a request is made to freeze the operation of such account, the bank account shall be frozen,
(h) If a request is made not to provide citizenship certificate, passport or land ownership certificate to such person under prevailing law, the concerned body shall not provide citizenship certificate, passport or land ownership certificate,
(i) If information is received that such person is staying outside Nepal, and if there is a situation where extradition can be made under a treaty to which the Government of Nepal is a party or under prevailing law, proceedings relating thereto shall be initiated; if not, depending on the seriousness of the offense, a request may be made through diplomatic channels to the concerned country or relevant international organization to arrest him/her.

(2) To make the provision under sub-section (1) effective, the court shall give notice thereof to the concerned authority or body. 66.
Muluki Criminal Procedure Code, 2017

66. Summons may be served in court itself: (1) Notwithstanding anything contained elsewhere in this Chapter, a amended by the Nepal Acts Amending Relating to the Civil Code, 2075.summons, arrest warrant, notice or order issued by any court in the name of the following persons may be served in court itself by delivering it to such person under the following circumstances:

(a) If the person is an employee or officer of the concerned court, when he/she is present in court,
(b) If the person is a party on bail in another case in the concerned court, when he/she appears on such bail date,
(c) If the person is a representative representing any party in a case pending in the concerned court, when he/she appears in that capacity,
(d) If the person is a legal practitioner appearing in the concerned court in the course of legal practice,
(e) If the person is a witness present in the concerned court, when he/she appears in that capacity.

(2) If a amended by the Nepal Acts Amending Relating to the Civil Code, 2075.summons, arrest warrant, notice or order issued by a court in the name of a person under sub-section (1) is brought for delivery at the time such person is present in the concerned court, he/she shall accept it.

(3) If, when brought for delivery under sub-section (2), such person refuses to accept the amended by the Nepal Acts Amending Relating to the Civil Code, 2075.summons, arrest warrant, notice or order, the server shall immediately report such fact to the concerned court.

(4) If the contents of the report under sub-section (3) appear reasonable, the concerned court shall order the prohibition of such person from representing as a representative, taking bail, practicing law or testifying as a witness until such person accepts the amended by the Nepal Acts Amending Relating to the Civil Code, 2075.summons, arrest warrant, notice or order issued in his/her name. Chapter-7

Provisions Relating to Custody, Bail and Surety

67.
Muluki Criminal Procedure Code, 2017

Chapter-7

Provisions Relating to Custody, Bail and Surety

67. To keep the accused in custody: (1) If, from the evidence immediately available, an accused charged with any of the following offenses appears to be guilty, or if there is any reasonable basis to believe that he/she is guilty, the court shall, stating reasons, keep such accused in custody for trial:

(a) An offense punishable with life imprisonment,
(b) An offense under Schedule-1 or Schedule-2 punishable with more than three years of imprisonment, or
(c) An offense of attempt, abetment or criminal conspiracy to commit an offense mentioned in clause (a) or (b), or an offense of being an accomplice in such offense.

(2) Notwithstanding anything contained in sub-section (1), the court may keep an accused liable to imprisonment by law in custody for trial under the following circumstances:

Amended by the Nepal Acts Amending Relating to the Civil Code, 2075.(a) If the accused has confessed the offense in court and, upon evaluation of the facts and evidence of the case, it appears reasonable to keep in custody,
(b) If an accused charged with an offense punishable with one year or more of imprisonment does not have permanent residence in Nepal, and if not kept in custody, he/she is likely to abscond and there is no possibility of subsequent arrest,
(c) If an accused, after an arrest warrant was issued under sub-section (1) of section 58, fails to appear within the period and is subsequently arrested, and cannot show any satisfactory reason for not appearing in court with the complaint,
(d) If, within a period of three years before the charge was made, the accused has been convicted of any other offense.

(3) Notwithstanding anything contained in sub-section (1) or (2), except in offenses punishable with more than ten years of imprisonment, if the accused is a child, or is disabled due to physical or mental illness, or is a pregnant woman beyond seven months, or an elderly person above seventy-five years of age, the court may release such accused on amended by the Nepal Acts Amending Relating to the Civil Code, 2075.bail or surety on a specified date. 68. To take bail or surety or bank guarantee from the accused: (1) Except in the situation under section 67, if there is a reasonable basis to prove the charge against an accused, the court may release him/her on amended by the Nepal Acts Amending Relating to the Civil Code, 2075.bail, surety or bank guarantee on a specified date.
Muluki Criminal Procedure Code, 2017

Provided that a bank guarantee must be unconditional and renewable for the period specified by the court.

(2) An accused who does not provide bail, surety or bank guarantee under sub-section (1) shall be kept in custody by the court. 69. To be released on bail: Except in the situations under section 67 and section 68, when an accused appears in court, he/she shall be released on bail and the case shall proceed for trial. 70. Further bail, surety or bank guarantee may be demanded: (1) If the amount of bail, surety or bank guarantee taken from an accused subsequently appears insufficient, the court may demand further bail, surety or bank guarantee from him/her.

(2) If the further bail, surety or bank guarantee under sub-section (1) cannot be provided, the court may keep such accused in custody. 71. May be kept in custody or on bail at any stage of proceedings: (1) Even if the case proceedings have reached any stage, the court may, as evidence is heard, keep the accused in custody under section 67 or demand bail, surety or bank guarantee from him/her under section 68, and the court shall not be deemed to be prevented from subsequently keeping the accused in custody or demanding bail, surety or bank guarantee merely because the accused was not initially kept in custody for trial or bail, surety or bank guarantee was not taken.

(2) If any reasonable basis that can prove that an accused in custody under section 67 or section 68 is not guilty comes to light, even if the case proceedings have reached any stage, the court may, after hearing on such matter, order the release of the accused from custody. 72. Basis for fixing the amount of bail, surety or bank guarantee: (1) When fixing the amount of bail, surety or bank guarantee to be taken under this Chapter, the following matters shall be considered and fixed in a reasonable manner:

(a) The nature and gravity of the offense,
(b) The financial condition and family situation of the accused or offender,
(c) The age and physical condition of the accused or offender,
(d) Whether he/she has been previously convicted and sentenced for any offense,
(e) Whether he/she has committed various offenses in a single incident,
(f) The punishment imposed or likely to be imposed on him/her and the compensation he/she has to bear,
(g) The consequence created by the offense,
(h) Whether he/she has

86.
Muluki Criminal Procedure Code, 2017

Consequence if a party to the case is absent on the appointed date: (1) Amended by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.If any party to the case, being the plaintiff, is not present on the appointed date, the court shall, calculating the period for which the case is to be retained as per the proviso to sub-section (1) of section 85, fix another date.

(2) If, on another date fixed pursuant to sub-section (1) or prior to that date, the party to the case appears and, submitting an application showing a reasonable cause for not being able to appear on the previous date due to circumstances beyond control, Deleted by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code. the court shall retain the date for such party and decide the case according to law.

(3) Even if the party to the case does not appear in court on another date fixed pursuant to sub-section (1), the court shall decide the case by rendering judgment to the extent that, if it appears or is determined from the evidence available in the case file that the defendant has accepted the plaintiff's claim wholly or partially, judgment shall be given to that extent, and if the claim is not accepted or is not determined to have been accepted, it shall be dismissed to that extent. Provided that, in a situation where the plaintiff is present and the defendant is not present, the court shall examine the evidence of the defendant that needs to be taken and deliver judgment in accordance with the finding.

(4) After a statement or reply has been given in court under this Act, even if the accused or defendant is not present in court on the appointed date, the court may conduct proceedings and decide the case according to law. 87. Issue of arrest warrant and attachment of property: (1) Notwithstanding anything contained in section 86, if any accused has been absent on a previously appointed date and the court considers it necessary to arrest such person and produce him/her before the court, the court may issue an arrest warrant under section 58 to arrest such accused and may also order the attachment of the property of such accused.

(2) Where an order has been given under sub-section (1), the concerned police personnel shall arrest the accused and the concerned Land Revenue Office or other body or institution shall attach the property of the accused in accordance with such order. 88.
Muluki Criminal Procedure Code, 2017

Chapter-9
Provisions relating to Representatives

89. Appointment of representative: (1) If any party to a case is unable to appear in person to file a complaint, appeal or reply, present evidence, recover the decretal amount, compensation or any other thing as per judgment, or carry out any other necessary work related to the case, such party may appoint a representative on his/her behalf, stating the reason for such inability.

(2) Notwithstanding anything contained in sub-section (1), a representative cannot be appointed in the following circumstances: -

(a) in the case of an offence under Schedule-1 and Schedule-2,

(b) if the accused is required to appear in court himself/herself and give a statement under this Act,

(c) if the person is required to be detained for trial under this Act or is detained because he/she cannot provide the requested bail or surety,

(d) if, even though there is a representative or the condition to appoint one exists, the court orders the party to the case to appear in court in person for some reasonable cause,

(e) except in the case of a person who is in detention or has already provided bail or surety, if a foreign citizen or a person without citizenship address does not deposit as surety an amount equivalent to the punishment that may be imposed on him/her by law upon the decision of the case, or does not provide surety therefor,

(f) if a penalty, fine, court fee or appellate fee imposed by court order remains unpaid, or

(g) if the court has ordered, stating a reasonable cause, that a representative cannot be kept.

(3) If anyone gives a representative contrary to sub-section (2), the court shall cancel such representative.

(4) A person with the following qualifications may be a representative: -

(a) capable of making a contract according to prevailing law,

(b) not convicted of forgery, fraud, corruption, or other criminal offences involving moral turpitude,

Provided that nothing contained in this clause shall be deemed to prevent any party to a case from appointing a close relative as a representative.

(c) no government dues, any fees payable to the court for execution of judgment, court fees, or any penalty or fine remaining unpaid as per judgment.

(5) When appointing a representative under sub-section (1), a power of attorney must be executed in the format according to Schedule-36, mentioning the following matters: -

(a) subject matter of the case,

(b) full name, surname, address including ward, age, citizenship number and district of issue of the person becoming representative,

(c) that the person becoming representative has no disqualification as per sub-section (4),

(d) that no penalty, fine, court fee or appellate fee remains unpaid as per court order,

(e) the work for which authority is given.

(6) When preparing the power of attorney deed, at least two witnesses must be present.

(7) The party appointing the representative and the witnesses must sign or affix their thumb impression on the power of attorney deed.
Muluki Criminal Procedure Code, 2017

90. One person may be representative of more than one person simultaneously: One person may be representative of more than one person simultaneously. Provided that a person who is a representative of one party in a case cannot be the representative of his/her opponent in the same case or in a case related to the same case. 91. A party may be a representative: Where there is more than one plaintiff or defendant in a case, any one of such persons may be appointed as a representative. Provided that a representative of one party cannot be the representative of the opponent in the same case. 92. Rights and duties of representative: (1) The representative may perform all acts on behalf of the person appointing him/her as specified in the power of attorney.

(2) If the court orders that the person appointing the representative is to be produced, the representative must produce such person before the court.

(3) If the relevant person is not produced under sub-section (2), the court may cancel the representative of such person. 93. Cancellation of representative: (1) If the party appointing the representative so desires, he/she may at any time cancel the power of attorney given by him/her and take over the case himself/herself or appoint another person as representative.

(2) If the power of attorney is cancelled under sub-section (1) and the relevant party takes over his/her own case, such party shall inform the court thereof by submitting an application. 94. Representative not to be arrested: The representative shall not be arrested in relation to the punishment imposed on the party or the liability to be borne by the party upon the decision of the case. 95. Special provision for granting permission to appoint representative: (1) Notwithstanding anything contained in clause (a) of sub-section (2) of section 89, a person in the following circumstances may submit an application to the court for permission to appoint a representative, stating the same particulars: -

(a) if an accused charged with an offence punishable by imprisonment of three years or less remains in detention and circumstances beyond control arise making it impossible to appear on the appointed date,

(b) if a woman charged with an offence punishable by imprisonment of up to five years has recently given birth or is unable to appear in court on the appointed date due to any other reason.

(2) If an application is submitted under sub-section (1) and the contents of such application appear reasonable, the court may, subject to the other provisions of this Chapter, stating reasons, grant permission to keep a representative, with or without specifying a period. Chapter-10

96.
Muluki Criminal Procedure Code, 2017

Chapter-10

96. Transfer of case: (1) The Supreme Court may, in the circumstances under sub-section (1) of Article 134 of the Constitution of Nepal, call for a case pending in any High Court to the Supreme Court and conduct proceedings, hearing and decide it.

(2) The Supreme Court may, in the circumstances under sub-section (2) of Article 134 of the Constitution of Nepal, order that a case pending in one High Court be transferred to another High Court and that the proceedings, hearing and decision of such case be conducted there.

(3) The High Court may, in the circumstances under sub-section (2) of Article 145 of the Constitution of Nepal, order that a case pending in one District Court under its jurisdiction be transferred to another District Court under its jurisdiction for hearing.

(4) The decision on whether the condition for transferring a case under sub-section (2) or (3) exists or not shall be made based on an application of the concerned party to the case or information obtained from the court's inspection or report.

(5) If there is any reason why a judge of a court cannot hear a case filed in that court under this Act, the concerned court shall send a report to the appellate court stating such matter, and upon receiving such report, the appellate court may, considering the convenience of the parties, transfer such case to another court of the same level within its territorial jurisdiction.

(6) Where an order is made under sub-section (2), such court shall conduct proceedings, hearing or decide such case in accordance with the order of the Supreme Court.

(7) Even if the case is decided by another court under sub-section (2), (3) or (5), an appeal against the judgment rendered by such court shall lie to the appellate court of the court where the plaint was originally filed. 97.
Muluki Criminal Procedure Code, 2017

97. Stay of case: (1) If any party to different cases filed in different courts submits an application to the concerned court stating a reasonable cause that one case cannot be decided without the decision of another, or that the decision of one case will substantially affect the decision of the other, or if the court itself realizes such matter in the course of proceedings, the court may, stating reasons, order that such case be stayed.

(2) Where a court orders the stay of any case filed in that court under sub-section (1), it shall inform the parties in writing and suspend all proceedings of the case, and shall also notify the concerned court where the other case is filed.

(3) After receiving the notice under sub-section (2), the concerned court shall, within thirty days of deciding the relevant case filed in that court, notify the court where the case is stayed accordingly, attaching a copy of the judgment. Upon receiving such notice, the court where the case is stayed shall fix a date and, after giving written notice to the parties to the case, revive the stay and conduct proceedings and decide the case. Added by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.(3a) Notwithstanding anything contained elsewhere in this section, if information is received that the case pending in another court has been decided, or if no reason is seen to keep the case stayed, the court shall immediately revive the stayed case and conduct proceedings.

(4) Notwithstanding anything contained in sub-section (3), if these parties are also parties to the case under sub-section (3), the court deciding the case shall order them to appear before the court where the case is stayed within fifteen days.

(5) If there is a difference of opinion between two different courts regarding which case among those filed in two different courts should be stayed, both courts shall send their reports to the appellate court.

(6) In the situation under sub-section (5), the parties to the case may also submit an application to the concerned appellate court.

(7) Where a report is sent under sub-section (5) or an application is filed by a party under sub-section (6), the Amended by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.appellate court shall make an appropriate order within one month in relation to such case, and the concerned court shall conduct proceedings of the case in accordance with such order.
Muluki Criminal Procedure Code, 2017

Amended by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.(8) If the appellate courts of the two courts with differing opinions under sub-section (5) are different and not the same, a report on that matter shall be submitted to the Supreme Court. On matters submitted thus, the Supreme Court shall make an appropriate order within three months, and the concerned court shall conduct proceedings of the case in accordance with such order.

(9) Before giving an order to stay or cause to stay a case under this section, the court may, if it deems appropriate, give notice to the concerned party and provide a hearing. 98. Stay of case due to non-appearance of accused: (1) If the accused, against whom an arrest warrant has been issued under section 57, does not appear before the court within thirty-five days from the date of issuance of the arrest warrant, or cannot be produced, the court shall stay the case in respect of such accused and, after examining the evidence, decide the case in respect of other accused involved in that case. Provided that,

(a) the case shall not be stayed in respect of an accused or defendant who remains absent after having given a statement or reply in court, and the court shall examine the evidence presented by the plaintiff and defendant and such other evidence as the court deems reasonable and decide the case,

(b) in a case punishable by imprisonment of three years or less, judgment shall be rendered as determined even in respect of accused or defendants who have not appeared in court.

(2) If a case is to be stayed under sub-section (1), the court shall Amended by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.suspend the proceedings of the case in respect of the defendants for whom the case is stayed.

(3) Where the case is stayed under sub-section (1), if the accused appears or is produced before the court before the decision of the case, the court shall revive the stay and, after giving notice of such matter to the complainant, conduct proceedings and decide the case.

(4) If the accused does not appear or is not produced before the court within a period of three years from the date of stay of the case under sub-section (1), the court shall revive the stayed case in respect of such accused and conduct proceedings and decide it.
Muluki Criminal Procedure Code, 2017

Amended by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.(5) If the accused does not appear in court even within the period for which the case can remain stayed under sub-section (4), upon the decision of the case, out of the amount obtained from the auction sale according to law of the property of such accused attached under sub-section (15) of section 58, if he/she is found guilty, the amount due as penalty, fine, compensation or damages imposed on him/her by the judgment shall be recovered, and the remaining amount shall be returned to him/her when he/she comes to claim it back.

(6) If the accused appears or is produced in court before the decision of the case and presents any evidence that makes the court believe that he/she was unable to appear because he/she had no knowledge of the case being filed against him/her, the court shall order the release of the attached property to him/her after deducting or recovering the following expenses: -

(a) if the property has not been sold, the expenses incurred in attaching such property,

(b) expenses incurred in publishing a public notice in his/her name regarding appearance in court or any matter related to the proceedings of the case.

(7) Notwithstanding anything contained elsewhere in this section, if a case filed in one court is stayed and a report or information is received that the accused has appeared as plaintiff or defendant in any other case filed in the same court or any other court, such case shall not be deemed to be stayed, and the court may order such accused to appear in court to proceed with such case.

(8) Even if the accused appears pursuant to an order under sub-section (7), the case may be revived and proceedings and decision conducted. Chapter-11

Provisions relating to Examination of Evidence

99.
Muluki Criminal Procedure Code, 2017

Chapter-11

Provisions relating to Examination of Evidence

99. Evidence to be presented: (1) The plaintiff in the plaint, the accused in his/her statement, and the defendant in the reply shall disclose all their witnesses, documents and material evidence.

(2) Documents or material evidence that, by their nature, should be in possession of the party or that the party can obtain, shall be presented by the plaintiff with the plaint, by the defendant with the reply, and by the accused at the time of making his/her statement.

(3) Notwithstanding anything contained in sub-section (1) or (2), the following matters shall be as follows: -

(a) if the accused, while making his/her statement, or the defendant, while submitting the reply, requests for another date to present any document or material evidence that cannot be presented immediately, the court may fix another date of up to one month,

(b) in the case of examining evidence relating to forgery or fraud under sub-section (3) of section 104, it shall be in accordance with that section,

(c) if, during the trial of the case, it becomes necessary to present additional evidence to support or refute any new fact, the concerned party may present additional evidence with the permission of the court.

(4) When any party to the case presents any documentary evidence under sub-section (2), he/she shall present copies of such document exceeding the number of opponents by one. Provided that in cases of offences under Schedule-1 and Schedule-2, such copies of the document need not be presented. Explanation: For the purposes of this section, "copy" shall mean a photocopy or any other reproduction of the document. 100. Original document to be returned: (1) Where any document is presented in court under sub-section (2) of section 99, the court shall cause its employee to verify whether the copy presented under sub-section (4) of that section corresponds to the original document or not.

(2) After the employee conducting the verification under sub-section (1) completes the verification, he/she shall write on each page of such copy that the copy is true as per the original, affix a dated signature, have the party presenting such document also sign or affix thumb impression, and certify it by affixing the court seal.

(3) After certification under sub-section (2), such employee shall affix the court seal on the back of such original document, affix a dated signature, and return such document to the party presenting it.

(4) If the court so desires, it may order the concerned party to re-submit the original document returned under sub-section (3) as necessary. 101.
Muluki Criminal Procedure Code, 2017

101. Party to produce witnesses: (1) The witness of a case filed in court shall be produced by the concerned party on the day fixed by the court.

(2) Notwithstanding anything contained in sub-section (1), in any particular case, if the defendants are present at the time of filing such case, the plaintiff, defendant or both parties may present their respective witness evidence before the court at the time of filing the case itself.

(3) When witnesses are produced under sub-section (1) or (2), witnesses for the government side in cases of offences under Schedule-1 and Schedule-2 shall be produced by the concerned investigating officer or his/her office through the Government Attorney's Office.

(4) A witness who does not appear on the date fixed for examining witnesses under sub-section (1) shall be warned. Provided that if a party submits an application stating that the witness could not appear due to circumstances beyond control, the court may fix another date to examine such witness.

(5) In a case relating to any offence mentioned in Schedule-1 or Schedule-2 of this Act, if the process of witness examination has not started because all defendants are not present, any party may request to have his/her witnesses produced immediately and their deposition taken, stating that they cannot be produced later.

(6) If a request is made under sub-section (5) and the reason is reasonable, the court may, stating the reason therefor, have the deposition of such witness taken immediately.

(7) In the deposition made by the witness under sub-section (6), the parties to the case who are present shall be allowed to cross-examine, and if such a situation does not exist, the party appearing later may refute the contents of such deposition to that extent. 102. Expert Deleted by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code. may be examined: In any case of a heinous or serious offence where the Government of Nepal is the plaintiff, if the expert giving expert opinion has died, or is residing abroad for a long time and unable to come to Nepal, or it is impossible to examine him/her due to other reasons, expert opinion may be obtained from an expert of the same subject matter equal to or higher than such expert Deleted by the Some Nepal Acts Amending Act, 2075 relating to the Muluki Civil Code.. 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.