chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Administrative Court Act, 2019

21. Provision Regarding Employees: Other employees required by the Court shall be provided by the Government of Nepal. 22. Taking Oath: Before assuming office, the Chairperson appointed under this Act shall take an oath before the Chief Justice of the Supreme Court, and a Member shall take an oath before the Chairperson, in the format as per the Schedule. 23. Transfer of Cases: (1) Cases filed and pending adjudication in the Administrative Court formed under the Civil Service Act, 2049 at the time of commencement of this Act shall be transferred to the Court formed under this Act.
(2) If, at the time of commencement of this Sub-section, a case falling under the jurisdiction of this Court is filed before any body or official and proceedings are ongoing, such body or official shall send the original file related to such case to the Court within three months from the date of commencement of this Sub-section. After receiving the file, the Court shall register the case and conduct, hear, or decide such case. 24. Communication with Government of Nepal: The Court shall communicate with the Government of Nepal through the Ministry of the Government of Nepal dealing with law and justice matters. 25. Power to Make Rules: For the implementation of this Act, the Government of Nepal may, in consultation with the Supreme Court, make necessary rules. 26. Amendment, Repeal and Saving: (1) After the commencement of this Act, if, under the prevailing law relating to service conditions of employees of a public institution on a matter within the jurisdiction of the Court, a complaint or appeal against a departmental punishment imposed on any employee of such institution or a decision on promotion lies to any body or official, such laws shall be deemed to have been automatically amended so that an appeal to the Court lies after such body or official has decided on that matter.
(2) The following Acts are repealed or amended as follows:-
(a) Section 69 of the Civil Service Act, 2049 is repealed.
(b) In Sub-section (1) of Section 76 of the Nepal Health Service Act, 2053, the words "in the Administrative Court formed under Sub-section (1) of Section 69 of the Civil Service Act, 2049" are replaced by the words "in the Administrative Court formed under the prevailing law."
(c) In Sub-section (1) of Section 91 of the Federal Parliament Secretariat Act, 2064, the words "the Administrative Court formed under Sub-section (1) of Section 69 of the Civil Service Act, 2049" are replaced by the words "the Administrative Court formed under the prevailing law."
(3) Amended by Some Nepal Acts Amendment Act, 2062.
Public Debt Management Act, 2022

Public Debt Management Act, 2079

Certification Date
2079.06.23

Act No. 28 of the year 2079

An Act Made to Amend and Consolidate Laws Relating to Public Debt Management

Preamble: Whereas, it is desirable to make timely amendments and consolidate legal provisions relating to loans and guarantees to manage public finance and maintain internal and external debt management while maintaining coordination between fiscal and monetary policy for the rapid economic development and economic stability of the country,

The Federal Parliament has enacted this Act. 1. Short Title and Commencement: (1) This Act shall be called the "Public Debt Management Act, 2079".

(2) This Act shall commence on the thirty-first day from the date of its certification. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Internal debt" means a loan taken from a Nepali citizen, organized institution, bank or financial institution.

(b) "Commission" means the National Natural Resources and Finance Commission pursuant to Article 250 of the Constitution of Nepal.

(c) "Agency" means an international bank or financial institution.

(d) "Debenture" means a debenture as follows, and the term also denotes the interest payment coupon of such a debenture:

(1) Stock,
(2) Promissory note,
(3) Bearer bond,
(4) Prize bond,
(5) Debenture issued by Nepal Rastra Bank, and
(6) Any other debenture specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(e) "Office" means the Public Debt Management Office pursuant to Section 3.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(g) "Ministry" means the Ministry of Finance, Government of Nepal.

(h) "External debt" means the total outstanding amount payable in respect of loans taken in foreign currency from a foreign government, foreign government bank or financial institution, or agency.

(i) "Organized institution" means an organized institution formed and established pursuant to the prevailing Nepal law.

(j) "Public debt" means internal or external debt and the financial liability created while mobilizing such debt.

(k) "Local level" means a Rural Municipality or a Municipality. 3. Office: (1) There shall be a Public Debt Management Office for the management of public debt.

(2) The Office shall have the required number of employees according to the organizational structure as determined by the Government of Nepal. 4.
Public Debt Management Act, 2022

3. Office: (1) There shall be a Public Debt Management Office for the management of public debt.

(2) The Office shall have the required number of employees according to the organizational structure as determined by the Government of Nepal. 4. Functions, Duties and Powers of the Office: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Office shall be as follows:-

(a) To analyze the revenue-expenditure projection made by the Ministry for each fiscal year, banking sector liquidity and the macroeconomic situation, remaining within the limit recommended by the Commission, and project the public debt that may be required for each fiscal year in coordination with the Ministry, the provincial government and Nepal Rastra Bank,

(b) To formulate short-term, medium-term and long-term policies regarding the management of the public debt projected pursuant to clause (a) and submit them to the Ministry,

(c) To identify the sectors for mobilizing public debt and submit suggestions to the Ministry,

(d) To collect necessary information and statistics regarding public debt from the concerned bodies,

(e) To project the budget required for servicing public debt,

(f) To conduct study, research and monitoring regarding public debt and publish details thereof,

(g) To manage internal debts taken by the Government of Nepal, provincial governments and local levels, remaining within the limit recommended by the Commission,

(h) To get the internal debt issuance and auction schedule approved by the Ministry in coordination with Nepal Rastra Bank and implement it,

(i) To manage records of debenture transactions and government guarantees, collect guarantee fees, and obtain guarantee agreements and update the records thereof,

(j) To issue government debentures, conduct auctions, receive amounts, and deposit the received amounts into the internal debt account of the Government of Nepal, provincial government or local level for the management of internal debt,

(k) To record, pay and account for external debt,

(l) To make subsidiary loan agreements as prescribed,

(m) To identify and analyze the financial risk arising from providing a financial guarantee on behalf of the Government of Nepal and recommend to the Ministry,

(n) To perform functions as prescribed regarding the management of public debt. 5.
Public Debt Management Act, 2022

5. External Debt: (1) The Government of Nepal shall have the power to take external debt.

(2) For the implementation of plans and programs of the Government of Nepal, provincial government or local level, or a project approved by the Government of Nepal, the Government of Nepal may borrow from any foreign government, foreign government bank or financial institution, or agency, as needed, foreign currency equivalent to such amount at the prevailing exchange rate, not exceeding one-third of the amount resulting from the total gross domestic product of the preceding fiscal year at current prices, in a single installment or in multiple installments.

(3) The liability for the external debt taken pursuant to sub-section (2) shall be on the Federal Consolidated Fund.

(4) Notwithstanding anything contained in sub-section (3), where the Government of Nepal borrows from a foreign government, foreign government bank or financial institution, or agency for a provincial government or local level, the liability for such loan amount shall be on the concerned Provincial Consolidated Fund or Local Consolidated Fund.

(5) The period for repayment of principal and interest of a loan taken pursuant to this section shall be as specified in the agreement with the foreign government, foreign government bank or financial institution, or agency providing the loan.

(6) The Government of Nepal may, with the agreement of the lender, change the terms of the loan, consolidate two or more loans into a single loan, or repay the loan and interest before the prescribed date.

(7) Other provisions relating to external debt shall be as prescribed. 6. Internal Debt: (1) The Government of Nepal may, or a provincial government or local level with the consent of the Government of Nepal, raise internal debt by issuing one or more types of debentures in the required quantity, in a single installment or in multiple installments, remaining within the limit recommended by the Commission, and subject to the prevailing law.

(2) The responsibility for raising internal debt by issuing debentures pursuant to sub-section (1) shall be of the Office.

(3) In case the Government of Nepal gives consent to a province or local level to take internal debt pursuant to prevailing federal law, the Office shall carry out all the works and proceedings relating to the management of such debt. 7.
Public Debt Management Act, 2022

7. Maturity Period and Interest Rate of Debentures: (1) The maturity period for repayment of principal and interest and the interest rate of debentures issued pursuant to Section 6 shall be as specified by the Government of Nepal, the concerned provincial government or the local level based on the debenture.

(2) Notwithstanding anything contained in sub-section (1), the interest rate of a debenture may be determined through auction.

(3) Provisions relating to the interest payment period and method of a debenture shall be as prescribed. 8. Repayment of Principal and Interest of Debentures: (1) Notwithstanding anything contained in the prevailing law, the principal and interest of the following debentures shall be paid as follows:-

(a) Principal and interest of stock shall be paid to the person in whose name such stock is registered, through that person's bank account,

(b) Principal and interest of a promissory note shall be paid to the holder of such promissory note or the last person to whom it was endorsed,

Explanation: For the purpose of this clause, "Promissory note" means a debenture that can be endorsed and transferred, and the term also denotes a Treasury Bill.

(c) Principal and interest of a bearer bond shall be paid to the person who presents the certificate of such bearer bond,

Explanation: For the purpose of this clause, "Bearer bond" means a debenture where payment is to be made to the person who presents the certificate of the debenture.

(d) Principal of a prize bond shall be paid to the person who presents the certificate of such prize bond, and

Explanation: For the purpose of this clause, "Prize bond" means a debenture where the holder receives all or part of the interest amount through a lottery as prescribed.

(e) Principal and interest of other debentures shall be paid to the person as prescribed.

(2) Provisions relating to the interest payment of a prize bond pursuant to clause (d) of sub-section (1) shall be as prescribed.

(3) Upon issuance of a debenture, the principal and interest of the debenture shall be paid in Nepali or foreign currency according to the terms specified.

(4) If a province or local level fails to repay a loan taken from the Government of Nepal or guaranteed by the Government of Nepal, the Government of Nepal may deduct an amount equal to the principal and interest of such loan from the revenue sharing amount made available to the concerned province or local level pursuant to prevailing law. 9.
Public Debt Management Act, 2022

9. Debt Management Agreement: (1) An agreement may be made, as needed, between the Government of Nepal, a provincial government, or a local level regarding the management of public debt.

(2) Subject to the agreement under sub-section (1), the Office shall carry out all the works and proceedings relating to the management of public debt. 10. Trading of Debentures: (1) The Office may issue government debentures through auction as needed.

(2) While issuing debentures pursuant to sub-section (1), the Office shall specify the type of such debenture, the amount to be issued, the interest rate, the maturity period, the time limit for participating in such auction, the procedure, and other necessary conditions, and publish a notice in a national daily newspaper, and such notice shall also be posted on the website of the Office and the concerned provincial government or local level.

(3) The trading of debentures issued pursuant to sub-section (1) may be conducted through the securities market in accordance with the prevailing federal law relating to securities.

(4) To facilitate trading through the securities market pursuant to sub-section (3), the issued debentures shall be listed on the securities market in accordance with the prevailing federal law, and the listing of such debentures shall be traded through a person or institution licensed to trade securities. 11. Transfer of Debentures: (1) If the holder of a debenture wishes to transfer the debenture in their name to the name of another person, they shall submit an application to the Office as prescribed.

(2) Upon inquiry into the application received pursuant to sub-section (1), if the particulars appear reasonable, the Office shall transfer such debenture as prescribed. After such transfer, the person in whose name the debenture is transferred shall become the holder of such debenture.

(3) If the holder of a debenture dies, if they have bequeathed such debenture to someone, the bequeathed person shall be the holder of such debenture.
Public Debt Management Act, 2022

After such transfer, the person in whose name the debenture is transferred shall become the holder of such debenture.

(3) If the holder of a debenture dies, if they have bequeathed such debenture to someone, the bequeathed person shall be the holder of such debenture. If there is no bequeathed person, or if the bequeathed person also died before the holder of the debenture, the heir according to prevailing federal law shall become the holder of such debenture.

(4) If a debenture is purchased jointly by two or more persons, upon the death of any or all of the holders of such debenture, the right to the principal and interest of such debenture shall vest in the person bequeathed by the concerned holder of the debenture, if any, and in the absence thereof, in the heir according to prevailing federal law.

(5) If the person under sub-section (3) or (4) submits an application to the Office for the transfer of a debenture with proof of their entitlement, the Office shall transfer such debenture pursuant to sub-section (2). 12. Person Who May Give a Will: If the holder of a debenture wishes to bequeath someone regarding the heir of the debenture during their lifetime or after their death, they shall make a will in the format prescribed by the Office and give it to the bequeathed person. The Office shall pay the principal and interest of such debenture to the person mentioned in the will. 13. Debenture Purchased by an Organized Institution: (1) A debenture purchased by an organized institution shall remain in the name of such institution.

(2) If an organized institution that has purchased a debenture is to be dissolved, liquidated, or merged with another institution, such organized institution shall, prior to such dissolution, liquidation, or merger, specify the heir holder of such debenture and submit an application to the Office for transfer to the name of such person, before the period for collecting the principal and interest of such debenture.

(3) Upon inquiry into the application received pursuant to sub-section (2), if the particulars appear reasonable, the Office shall transfer such debenture to the name of the concerned heir. 14.
Public Debt Management Act, 2022

15. Guarantee Fee: (1) The Government of Nepal shall, in return for a guarantee given pursuant to Section 14, charge a guarantee fee at the rate specified in a notice published in the Nepal Gazette.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may grant full or partial exemption from the guarantee fee chargeable pursuant to that sub-section.

(3) If the Government of Nepal grants any exemption pursuant to sub-section (2), a notice of such exemption shall be published in the Nepal Gazette. 16. Notice to be Given to the Holder of a Debenture: (1) If the holder of a debenture does not come to claim the principal and interest within one hundred eighty days after the due date for payment of the principal of such debenture, the Office shall send a written notice to the address of the concerned holder of the debenture to claim the principal and interest of such debenture, and such notice shall also be published in a national daily newspaper and kept updated on the website of the Office.

(2) The notice sent to the home address pursuant to sub-section (1) shall be deemed to have been received by the heir on the later of the date of receipt of the notice or the date of publication of the notice in a national daily newspaper.

(3) If the holder of the debenture does not come to claim the principal and interest of the debenture within one hundred eighty days from the date of receipt of the notice pursuant to sub-section (2), the Office shall maintain the amount of such debenture as a payment liability of the Government of Nepal and deposit it in a fund designated by the Government of Nepal within six months.

(4) If a claim is made with proper proof for the amount deposited in the fund pursuant to sub-section (3), the Office shall pay such amount to the holder of the debenture or their heir within thirty-five days. 17. If the Holder of a Debenture is a Minor or of Unsound Mind: If a minor or a person of unsound mind is the holder of a debenture, out of the amount payable to such person in respect of such debenture, the amount determined by the Office may be paid in a single installment or in multiple installments to the guardian of such minor or person of unsound mind according to the prevailing federal law. 18.
Public Debt Management Act, 2022

18. Providing a Copy of a Debenture and Interest Payment Coupon: If the holder of a debenture submits an application to the Office with appropriate grounds or proof that such debenture or its interest payment coupon or both have been lost, stolen, destroyed, become illegible due to obliteration of letters, or torn, and if the particulars of such application appear reasonable, the Office shall, upon charging the prescribed fee, provide the applicant with a copy of such debenture or interest payment coupon as requested. 19. Conversion, Subdivision, Consolidation or Renewal of Debentures: (1) The holder of a debenture may submit an application to the Office in the prescribed format for the conversion, subdivision, consolidation or renewal of debentures held by them among themselves.

(2) Upon receipt of an application pursuant to sub-section (1), the Office may, upon charging the prescribed fee, provide the applicant with a new debenture by converting, subdividing or consolidating the original debenture in lieu of such debenture, or renew such debenture, as prescribed. 20. Details to be Included: (1) The estimate of revenue and expenditure to be presented by the Government of Nepal to the Federal Parliament each fiscal year pursuant to Article 119 of the Constitution shall include details relating to loans taken and guarantees given by the Government of Nepal pursuant to this Act.

(2) Details of loans taken by a provincial government and local level with the consent of the Government of Nepal pursuant to this Act, and the counter-guarantee given by the Government of Nepal in relation thereto, shall be included in the estimate of revenue and expenditure to be presented by the provincial government to the Provincial Assembly pursuant to Article 207 of the Constitution and by the local level to the concerned Village Assembly or Municipal Assembly pursuant to Article 230 of the Constitution. 21. Person Who May File a Complaint: (1) If any person receives payment of a debenture to which they are not entitled, or causes a holder to be nominated, the holder of such debenture or the heir may file a complaint in the concerned District Court within thirty-five days from the date of knowledge of such payment or nomination of holder to establish their right.

(2) If a complaint is filed by any person pursuant to sub-section (1), the Court shall establish the right of the entitled person, and if the non-entitled person has already received payment, the Court shall order that amount to be paid to the heir as well. 22.
Public Debt Management Act, 2022

22. Act Deemed an Offense: If any person, with the intention of establishing their own right or the right of any other person in a debenture to which they are not entitled, knowingly deceives someone, submits false details, and establishes themselves or another person as the holder of a debenture, and receives or attempts to receive any amount as principal or interest of such debenture, such act shall be deemed an offense under this Act. 23. Punishment: A person committing an offense under Section 22 shall be liable, if any amount as principal or interest of such debenture has been received, to confiscation of such amount and a fine equal to that amount or imprisonment for up to three years or both. If no amount has been received, the person shall be liable to a fine equal to the principal and interest of such debenture or imprisonment for up to one year or both. 24. Government of Nepal to be Plaintiff: A case relating to an offense under Section 22 shall be filed by the Government of Nepal as plaintiff, and such case shall be deemed to be included in Schedule-1 of the National Criminal Procedure Code, 2074. 25. Documents to Remain Confidential: (1) Notwithstanding anything contained in other prevailing laws, the personal accounts of debentures and related documents kept in the Office shall remain confidential.

(2) The Office shall not be obliged to show, present, or make public the documents under sub-section (1) to any person without a written request from an authorized officer for inspection or investigation pursuant to an order of the Government of Nepal or a court or prevailing law. 26. Interim Arrangements Relating to Public Debt Management: (1) Notwithstanding anything contained elsewhere in this Act, the body already carrying out the works and proceedings of public debt at the time of commencement of this Act shall not be deemed to be obstructed from continuing to carry out such works and proceedings for a maximum period of two years from the date of commencement of this Act.

(2) The Government of Nepal may, by publishing a notice in the Nepal Gazette, make arrangements for the Office to carry out some of the works and proceedings being carried out by the bodies referred to in sub-section (1).

(3) Agreements may be made, as needed, between the Government of Nepal, the provincial government, the local level, and Nepal Rastra Bank for performing functions pursuant to this section. 27. Power to Make Rules: The Government of Nepal may make necessary rules for the implementation of this Act. 28.
Public Debt Management Act, 2022

27. Power to Make Rules: The Government of Nepal may make necessary rules for the implementation of this Act. 28. Power to Make Directives, Procedures or Standards: Subject to this Act and the rules made under this Act, the Ministry may make and implement necessary directives, procedures, or standards regarding the matters referred to in Sections 10, 14 and 19, the giving of consent to a provincial government and local level to issue debentures in accordance with prevailing law, and the agreement pursuant to sub-section (3) of Section 26. 29. Measurement of Act Implementation: The Ministry shall measure the implementation of this Act within one year after the completion of five years from the commencement of this Act, and thereafter within one year after every five years, and shall submit a report thereof to the concerned committee of both houses of the Federal Parliament. 29. Repeal and Saving: (1) The Loan and Guarantee Act, 2025 and the National Debt Act, 2059 are hereby repealed.

(2) All works and proceedings done under the Loan and Guarantee Act, 2025 and the National Debt Act, 2059, which are repealed pursuant to sub-section (1), shall be deemed to have been done under this Act.
Muluki Criminal Procedure Code, 2017

Muluki Criminal Procedure Code, 2074

Certification Date
2074.06.30

Amending Acts

1. Some Nepal Acts Amending Act relating to the Muluki Code, 2075 2076.01.02
2. Some Acts Amending Act relating to Criminal Offences and Criminal Procedure, 2079 2079.03.31
3. Some Acts Amending Act against Sexual Violence, 2079 2079.03.31
4. Some Nepal Acts Amending Act relating to the Muluki Code, 2080 2080.04.12
5. Some Acts Amending Act relating to Prevention of Money Laundering and Promotion of Business Environment, 2080 2080.12.30
6. Some Nepal Acts Amending Act relating to Promotion of Good Governance and Public Service Delivery, 2081 2081.12.18

Act Number 37 of the year 2074

Preamble: Whereas, it is desirable to simplify and modernize the procedural law by amending and consolidating the prevailing laws relating to the investigation, prosecution, filing, proceedings, hearing and adjudication of criminal cases and other procedures connected therewith and the execution of judgments rendered in such cases;

Now, therefore, the Legislature-Parliament pursuant to sub-article (1) of Article 296 of the Constitution of Nepal has enacted this Act. Chapter-1
Preliminary

1. Short Title and Commencement: (1) This Act shall be called as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075. "Muluki Criminal Procedure Code, 2074".

(2) Section 192 of this Code shall come into force from the date appointed by the Government of Nepal by a notification published in the Nepal Gazette, and the other Sections shall come into force from the 1st day of Bhadra, 2075. 2.
Muluki Criminal Procedure Code, 2017

2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Court" means the Supreme Court, High Court or District Court and the said term also includes other courts, judicial bodies or officers authorized by law to conduct proceedings, hear and adjudicate a particular type of criminal case.

(b) "Investigation Officer" means an officer designated to investigate an offence pursuant to this Act or an officer authorized by law and the said term also includes an investigation team formed to investigate a particular offence.

(c) "Criminal Code" means the Muluki Criminal (Code) Act, 2074.

(d) "Complaint" means the plaint to be filed in the court and the said term also includes the indictment in relation to offences under Schedule 1 or Schedule 2 and the report relating thereto in respect of other cases.

(e) "Offence" means an act punishable under the Criminal Code or other Acts.

(f) "Law" means the law in force for the time being.

(g) "Serious Offence" means an offence punishable with imprisonment for more than three years up to ten years.

(h) "Heinous Offence" means an offence punishable with life imprisonment or imprisonment for more than ten years.

(i) "Place" means a house, hut, shed, platform or tent and the said term also includes vehicles, boats, aircraft and other places or means of similar nature.

(j) "Judge" means an officer of the court conducting proceedings, hearing and adjudicating cases, and the said term also includes an officer authorized to conduct proceedings, hear and adjudicate criminal cases.

(k) "Police Office" means a police office authorized to investigate an offence specified in Schedule 1.

(l) "Criminal Case" means a case concerning an offence under Schedule 1, Schedule 2, Schedule 3 or Schedule 4 and the said term also includes other cases except the following matters:-

(1) Cases relating to legal right, status, position, family relationship or property,
(2) Determination of kinship or divorce,
(3) Fees, remuneration, salary, allowance or wages,
(4) Partition, inheritance, donation, will, guardianship, adult, major, ancestral, power of attorney, adopted son or daughter,
(5) Any right or claim under a contract, quasi-contract or unjust enrichment,
(6) Right or claim relating to tort, quasi-tort or defective product,
(7) Easement,
(8) Compensation, or
(9) Any other right or liability of a civil nature.

(m) "Case" means a criminal case.

(n) "Case Hearing Officer" means an officer authorized by law to conduct proceedings, hear and adjudicate cases and the said term also means, in respect of a person taken into custody, the court nearest to the place where such person has been taken into custody.

(o) "Local Level" means a rural municipality or municipality.

(p) "Government Attorney" means the Attorney General, Deputy Attorney General, Joint Attorney, Assistant Attorney, District Attorney or Assistant District Attorney and the said term also includes an officer designated by the Attorney General to work in the capacity of a Government Attorney.
Muluki Criminal Procedure Code, 2017

3. Effect not to be on separate legal provision: as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.(1) If a provision is made in a separate Act regarding the investigation, prosecution, jurisdiction for hearing cases, hearing, execution of judgment or any other proceeding of an offence, the provision of this Code shall not affect such matter.

(2) On the subject of procedure not provided for in the separate Act referred to in subsection (1), the provisions of this Code shall apply.

(3) Without prejudice to the generality of subsection (1), in respect of the following matters, it shall be as follows:-

(a) If any officer is designated in a separate Act regarding prosecuting a case for an offence, such officer shall, and if no such officer is designated, the concerned office chief shall, without delay, submit the case file along with evidence and an indictment to the concerned Government Attorney for a decision on whether or not to prosecute, within the limitation period.

(b) After receiving the case file pursuant to clause (a), a decision shall be made on whether or not to prosecute, and if it is decided to prosecute, the received case file shall be returned without delay within the limitation period, specifying the person to be prosecuted, the charge against him/her, the punishment and the claim to be made in the indictment.

(c) After receiving the decision to prosecute pursuant to clause (b), an indictment shall be prepared accordingly, and the case shall be filed in the concerned court within the limitation period, including the detainee if detained, and a copy of the case file shall be provided to the Government Attorney.

(d) In addition to filing the indictment pursuant to clause (c), the officer or office chief referred to in clause (a) may perform the following acts:-

(1) After obtaining the opinion of the Government Attorney, to file an indictment including a claim regarding reducing the punishment of the accused pursuant to Section 33 and in the situation under subsection (6) of the same Section, to submit a petition to the concerned court including a claim to cancel the remission of punishment,
(2) After obtaining the opinion of the Government Attorney, to file a case including additional claims pursuant to Section 35,
(3) After obtaining the opinion of the Government Attorney, to file a case including additional claims pursuant to Section 36,
(4) After obtaining the opinion of the Government Attorney, to submit a petition to the court for correcting errors pursuant to Section 37,
(5) To present witnesses in court pursuant to Section 101 through the Government Attorney,
(6) To provide daily and travel allowances pursuant to Section 113 to the witness expert.
Muluki Criminal Procedure Code, 2017

Chapter-2
Provisions relating to Information of Offence and Investigation

4. Complaint Application or Information of Offence to be given: (1) A person who has knowledge that an offence specified in Schedule 1 has been committed, is being committed or is about to be committed, shall, as soon as possible, give a written complaint application or oral information or information through electronic means, disclosing the evidence in his/her possession or as seen or known by him/her, to the nearest police office in the format according to Schedule 5.

(2) If the person giving the complaint application or information pursuant to subsection (1) as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.or the complaint application given by him/her is not in the format according to Schedule 5, the concerned police employee shall fill in all the details of the information given by him/her in the format according to Schedule 5, read it out to him/her, obtain his/her signature or thumbprint, and keep it on record.

(3) If a person gives the complaint application or information pursuant to subsection (1) by appearing in person at the concerned police office, as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.or sends it by post or through another person, or gives information through electronic means, such police office shall register such complaint application or information and issue a receipt to him/her in the format according to Schedule 6. If someone has given information through electronic means, acknowledgment of receipt of such information shall be given through the same means.
Muluki Criminal Procedure Code, 2017

If someone has given information through electronic means, acknowledgment of receipt of such information shall be given through the same means. Added by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.(3a) If the reliability of information received by post or electronic means pursuant to subsection (1) needs to be verified, the police office may summon the person giving such information and have him/her confirm it.

(4) Notwithstanding anything contained in subsections (1), (2) or (3), if the police receives information or knowledge of the commission of an offence specified in Schedule 1 from any other source or itself, a report containing the details mentioned in Schedule 5 shall be prepared in relation thereto.

(5) The complaint application, information made pursuant to this Section or the report pursuant to subsection (4) shall be as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.registered in a register book in the format according to Schedule 7 and kept on record by the police office or the office or officer authorized to investigate.

(6) Regarding the complaint application or information received pursuant to subsection (1), if a separate investigation officer is designated by law, it shall be sent to such officer, and if there is no separate investigation officer, it shall be sent to the concerned district police office.

(7) A person wishing to give information regarding an offence specified in Schedule 2 shall give information in the format according to Schedule 5 to the office or officer authorized to investigate.

(8) The information received pursuant to subsection (7) shall be registered by the concerned office or officer, and a receipt in the format according to Schedule 6 shall be given to the person giving such information.

(9) If it is not immediately possible to register the information pursuant to subsection (7) with the concerned office or officer, such information may also be given to the nearest police office.

(10) If any information is received pursuant to subsection (9), the concerned police office shall also register such information pursuant to subsection (3) and send it to the concerned office or officer for action within three days. 5.
Muluki Criminal Procedure Code, 2017

5. May Complain if Complaint Application or Information not Registered: (1) If the concerned police office refuses to register a complaint application or information given pursuant to subsection (1) of Section 4, the person making the complaint application or information may lodge a complaint, along with the complaint application or information, to the concerned District Government Attorney Office or to the police office at a level higher than the police office where such complaint application or information should have been registered, stating such facts.

(2) Upon receipt of the complaint pursuant to subsection (1), the concerned District Government Attorney Office or police office shall keep a record thereof and send such complaint application or information to the concerned police office for necessary action.

(3) The complaint application or information received pursuant to subsection (2) shall be registered by the concerned police office pursuant to subsection (3) of Section 4 and acted upon.

(4) If the office or officer mentioned in subsection (7) of Section 4 refuses to register the information pursuant to that subsection, the person giving such information may lodge a complaint, along with the information of the offence, to the concerned Chief District Officer, stating such facts. Provided that, if the Chief District Officer himself/herself is designated as the investigation officer and he/she refuses to register such information, such complaint may be lodged with the Ministry of Home Affairs.

(5) Upon receipt of the complaint pursuant to subsection (4), the concerned Chief District Officer or the Ministry of Home Affairs shall decide whether to register the information or not within three days and issue a directive to the concerned office to act or cause to act accordingly.

(6) After receiving the directive pursuant to subsection (5), the concerned office or officer shall take action as per the directive. 6.
Muluki Criminal Procedure Code, 2017

6. To make arrangement to prevent loss or destruction of evidence and to prevent offender from escaping: (1) If any police office or police employee receives information that an offence specified in Schedule 1 has been committed, is being committed or is about to be committed, he/she shall, as soon as possible, make necessary and effective arrangements to prevent the offender from committing the offence or to prevent any evidence related to the offence from being lost or destroyed and to prevent the offender from fleeing or escaping.

(2) If any evidence related to the offence is likely to be lost or destroyed or the offender is likely to flee or escape if action is not taken immediately pursuant to subsection (1), such police office or employee may, as necessary, go even into the area of another police office and take necessary action.

(3) If it is necessary to go into the area of another police office and take any action pursuant to subsection (2), such office or employee shall inform the concerned police office or body and the police office superior to him/her thereof.

(4) If an officer concerned receives information, through someone's information or himself/herself from any source, that an offence specified in Schedule 2 has been committed, is being committed or is about to be committed, such officer shall take action pursuant to subsection (1) or (2).
Muluki Criminal Procedure Code, 2017

Provided that, if any police employee has knowledge of such information of the offence and the concerned investigation officer is not immediately available, such police employee shall take the action mentioned in subsection (1) and if any person is arrested, send the details of the action along with such person to the investigation officer.

(5) The police employee or investigation officer may seek assistance from any body, officer or person to prevent loss or destruction of any evidence related to the offence or to arrest the offender, and if such assistance is sought, it shall be the duty of such body, officer or person to provide necessary assistance.

(6) If a police employee, while going to gather information or during his/her presence, has knowledge or information or tip that an offence has been committed, is being committed or is about to be committed, he/she shall immediately arrest the person committing such offence.

(7) If a police employee finds stolen property or any other evidence or object related to the offence, he/she shall take such evidence or object into his/her custody, together with the persons, if any, who were present at the scene and saw the offence, and prepare a record as necessary.

(8) The condition of such object, place or scene of the incident shall be kept secured in the state of status quo until the record preparation process pursuant to subsection (7) is completed.

(9) If it is not possible to immediately take into his/her charge or custody the stolen property and the evidence or object related to the offence obtained pursuant to subsection (7), the concerned police employee may request the local level or any other office to keep such thing or object safely, and if so requested, the concerned level or office shall also take charge of such property or evidence and issue a receipt thereof. Provided that, an object not related to the offence shall be returned to the concerned person immediately. 7.
Muluki Criminal Procedure Code, 2017

Provided that, an object not related to the offence shall be returned to the concerned person immediately. 7. Notice to be given to concerned Police Office: (1) If, from the contents of the information received at any police office regarding an offence specified in Schedule 1, or if the police office itself learns that such offence has been committed, is being committed or is about to be committed within the area of another police office, such police office shall send such information as soon as possible to the concerned police office and, if necessary, inform the person giving the information also to appear before the concerned police office.

(2) Notwithstanding anything contained in subsection (1), if due to geographical remoteness or any other reason the investigation officer is not immediately available and the offender is likely to escape and the stolen items and evidence related to the offence are likely to be lost, the authorized investigation officer of the concerned police office receiving such information may conduct a preliminary investigation regarding the incident within such area and send it to the concerned police office.

(3) Before conducting a preliminary investigation pursuant to subsection (2), such officer shall inform the concerned police office and the police office one level above. 8. To Investigate and Collect Evidence: (1) Upon receiving information that an offence specified in Schedule 1 has been committed, is being committed or is about to be committed, the concerned police office shall, as soon as possible, designate a police employee of at least the rank of Police Sub-Inspector as an investigation officer, and inform the concerned Government Attorney Office and the police office superior to it, and the investigation officer so designated shall investigate such offence.
Muluki Criminal Procedure Code, 2017

Provided that, for the investigation of the following offences, an officer of at least the rank of Police Inspector shall be designated:-

(a) Offences under Chapter 1, Chapter 12, Chapter 17, Section 219 of Chapter 18, Sections 230, 231, 232, as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.233, 235, 238 of Chapter 19, Section 244 of Chapter 20, Sections 256, 257 and 258 of Chapter 22 of Part 2 of the Criminal Code,

(b) Omitted by Some Nepal Acts Amending Act relating to the Muluki Code, 2075

(c) Other offences designated by the Government of Nepal by a notification published in the Nepal Gazette, considering the seriousness of the offence.

(2) While investigating pursuant to this Section, the investigation officer shall prepare a site record describing the true picture of the offence and the place of the offence, including as far as possible the following details:-

(a) The date and time of the offence,
(b) The address, details and sketch plan of the place of the offence,
(c) The factual situation of such place and its relation to the offence or the offender,
(d) Any stolen items or evidence seen or found at or near the place of the offence and any other notable facts related to the offence.

(3) While preparing the site as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.record pursuant to subsection (2), the investigation officer may cordon off such place to prevent other persons from entering and may, as far as possible, take photographs of such place and of any palm prints, fingerprints, footprints, marks, signs or other clues seen or found there, or any other important matters that may help in proving the offence.

(4) While preparing the site record pursuant to subsection (2), if the offender or the accused person is present, details revealing his/her identity including fingerprints shall also be taken.

(5) If the investigation officer finds any evidence, items or objects related to the offence, he/she shall take them into his/her custody.

(6) The officer taking evidence, items or objects into custody pursuant to subsection (5) shall issue a receipt thereof to the concerned person.

(7) Investigation of an offence specified in Schedule 2 shall be conducted by the officer designated by law, if any, and if no such officer is designated, by the concerned Chief District Officer or an employee of the officer level designated by him/her.

(8) While investigating such offence, the officer designated pursuant to subsection (7) shall complete the procedures mentioned in subsections (2), (3), (4), (5) and (6).

(9) While investigating a single incident pursuant to this Chapter, all cases that may arise from such incident shall be investigated at once.
Muluki Criminal Procedure Code, 2017

9. Person related to Offence may be Arrested: (1) If a person related to an offence is found or is in the act of committing an offence, the police or the investigation officer may arrest him/her.

(2) If a person needs to be arrested immediately pursuant to this Chapter during the course of investigation of an offence, a petition shall be submitted to the case hearing officer for permission to issue an arrest warrant, stating the reason therefor and, as far as possible, details revealing the identity of the person to be arrested.

(3) If a petition is filed pursuant to subsection (2) and the reason for arrest appears reasonable, the case hearing officer may grant permission to issue an arrest warrant on the same petition.

(4) The format of the arrest warrant shall be as mentioned in Schedule 8.

(5) The order pursuant to subsection (3) shall not be made public until the person to be arrested is arrested.

(6) Notwithstanding anything contained in subsection (2), if there is a reasonable reason to believe that the offender, if not arrested immediately, may flee, escape or destroy evidence, clues or proof, an urgent arrest warrant may be issued immediately in the format according to Schedule 9, and the person arrested shall be produced before the case hearing officer for approval.

(7) If a person is arrested by issuing an urgent arrest warrant pursuant to subsection (6), no other investigation related proceedings concerning such offence shall be carried out without obtaining approval from the case hearing officer. Added by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.Provided that, if there is a possibility of destruction, loss or eradication of evidence related to the offence, immediate search may be conducted of the arrested person's body, the items used by him/her, the vehicle, the house or place where he/she lives or stays.