Muluki Criminal Procedure Code, 2017

Added by the Act Amending Some Acts against Sexual Violence, 2079.(2a) If the victim is produced under sub-section (2) at the time of submitting the charge sheet, her statement shall be recorded immediately, and the defendant shall be given an opportunity to cross-examine under sub-section (7) of section 101.

(3) In the charge sheet to be submitted under sub-section (1), if the law has given a specific name to the offence proposed to be charged against the accused, the same name shall be mentioned for that offence.

(4) If no specific name has been given to the offence in the prevailing law under sub-section (3), the accusation made against the accused shall be named according to the nature of the offence, considering the elements of the offence, so that the accused can clearly understand it.

(5) If it comes to knowledge that the accused has previously been punished for any offence, or if any other case has been filed against him, and due to that reason a more severe punishment is required, the date of previous punishment, the name of the court that imposed the punishment, and the case number shall be mentioned in the charge sheet filed under sub-section (1), or at the time it subsequently comes to light.

(6) If the government attorney decides not to prosecute under sub-section (3) of section 31 because the evidence collected at that time is not sufficient to prosecute any person for an offence, and if such offence also involves civil liability matters relating to private property or compensation for loss or damage to any person, the government attorney shall give information thereof to the complainant or the person harmed by such offence through the concerned investigating officer.

(7) Upon receipt of information under sub-section (6), notwithstanding anything contained in the prevailing law, if the concerned person wishes to file a case within sixty days from the date of receipt of such information, he may file a case as if it were an offence under Schedule-4.

(8) If, during investigation under this Act, an investigation has been conducted against more than one person, but a case is filed against only some of them, or if an investigation was conducted as a case where the Government of Nepal is the plaintiff but it appears from the investigation that such case cannot proceed with the Government of Nepal as the plaintiff under this Act and may proceed under another law or as a private case, the concerned government attorney shall immediately send information thereof to the concerned High Government Attorney's Office and the Office of the Attorney General.

(9) After receiving information under sub-section (8), the Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.chief of the High Government Attorney's Office shall study the matter and decide whether or not to file a case, and if reasonable grounds appear to file a case, he shall, stating the reason thereof, direct the concerned government attorney to file the case, and upon receipt of such direction, that government attorney shall file a charge sheet or supplementary charge sheet and proceed against the person not previously prosecuted.

(10) If the Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.chief of the High Government Attorney's Office decides not to prosecute under sub-section (9), information thereof shall be given to the Office of the Attorney General.

(11) After receiving information under sub-section (10), the Office of the Attorney General may give necessary directions to the concerned government attorney regarding whether or not to file a case.

(12) If information is received under sub-section (8) that the case may proceed under another law, and if such fact appears reasonable, the High Government Attorney's Office shall give information thereof to the concerned person.

(13) Except as otherwise provided in this Chapter, if a deposit or guarantee has been taken from any person during the course of the investigation, Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.after an order regarding detention or bail is made upon the case being filed against him, unless otherwise ordered by the court, and if a decision not to prosecute is made, the deposit or guarantee so kept shall be returned to such person.