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

If such a search is conducted, the details thereof, the search warrant and the seizure record shall be prepared and submitted to the case hearing officer.

(8) If the police is not immediately available at the time of the commission of an offence, the person present at the time of the offence or who witnessed the commission of the offence may prevent the person committing such offence from fleeing or escaping and hand him/her over to the nearest police office.

(9) While arresting a person pursuant to subsection (1) or (6), before arresting him/her, an order to surrender shall be given after explaining the reason for arrest.

(10) If, even after being reminded, explained or ordered pursuant to subsection (9), any person does not surrender but tries to avoid arrest or flee or escape, or uses force or without force in any manner uses or attempts to use violence, the police employee may use necessary force to arrest him/her.

(11) If a woman is to be arrested pursuant to this Section, as far as possible, arrest shall be made by a female police officer. Provided that, if a female police officer is not immediately available in the situation requiring arrest, a male police employee shall not be prevented from making the arrest, respecting the physical sensitivity of the woman and without compromising her dignity or reputation.

(12) A person arrested pursuant to this Section may be searched or his/her body may be frisked.

(13) If there is a reasonable cause to suspect that the person to be arrested pursuant to this Section is residing in any house or place, such house or place may be searched and the person may be arrested.

(14) If any person is arrested during a search conducted pursuant to subsection (13), his/her body may also be frisked.

(15) If documents or evidence or any other objects related to evidence are found during a search pursuant to subsection (12) or (13), the person making the arrest or the investigation officer shall take them into his/her custody and issue a receipt thereof.

as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.(16) Notwithstanding anything contained in subsections (1) and (2), if any person commits any offence under Schedule 1 or Schedule 2 in the presence of any police employee or officer or in any government office, such person shall be arrested by the concerned police employee, officer or office chief, preventing him/her from fleeing or escaping, and handed over to the concerned police office or investigation officer.
Muluki Criminal Procedure Code, 2017

Added by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.(17) A person arrested and brought in pursuant to subsections (8) and (16) shall be issued an urgent arrest warrant by the concerned police or investigation officer and produced before the case hearing officer for approval pursuant to subsection (6). 10. Preliminary Investigation Report to be sent: (1) As soon as a complaint application or information of an offence specified in Schedule 1 or Schedule 2 is registered pursuant to Section 4, the police employee or investigation officer designated to investigate such offence shall immediately conduct a preliminary investigation.

(2) After commencing the preliminary investigation pursuant to subsection (1), such police employee or investigation officer shall send a report thereof to the District Government Attorney Office within three days. Explanation: For the purpose of this Chapter, "preliminary investigation" means the site description, factual situation record of the place of offence, search or seizure record, or in the case of an offence involving death, the post-mortem record, and in the case of other offences, the report, record or other necessary details required to be prepared according to the nature of such offence.

(3) After receiving the preliminary report pursuant to subsection (1), the Government Attorney shall study it and, if it appears necessary to give necessary instructions to the investigation officer for further investigation on any matter related to the offence, may give necessary instructions stating the reason therefor.

(4) It shall be the duty of the concerned investigation officer to comply with the instructions given pursuant to subsection (3). 11.
Muluki Criminal Procedure Code, 2017

12. Special Team may be Formed to Investigate: (1) Notwithstanding anything contained elsewhere in this Chapter, if the controlling officer of the investigation officer or the Inspector General of Police considers that an offence specified in Schedule 1 or Schedule 2 of this Act cannot be investigated solely by the concerned investigation officer due to its seriousness, and that it is appropriate to form a separate investigation team, he/she may form an investigation team comprising employees under his/her command.

(2) Notwithstanding anything contained in subsection (1), if it is necessary to form an investigation team including persons other than employees under his/her command, the controlling officer of such investigation officer or the Inspector General of Police may, after consulting the Attorney General, form an investigation team including experts and cause an investigation to be conducted.

(3) If an investigation team is formed pursuant to subsection (1) or (2), such team shall conduct the investigation exercising the powers vested in the investigation officer pursuant to this Chapter.

(4) If an investigation team is formed pursuant to subsection (1) or (2), the details of the investigation conducted by the concerned investigation officer shall be transferred to such team.

(5) The investigation team formed pursuant to subsection (1) or (2) shall investigate and submit its report to the concerned Government Attorney, and shall also inform the concerned as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.police office or the office or officer authorized to investigate.

(6) After receiving the report pursuant to subsection (5), if it appears necessary for the Government Attorney to give necessary instructions for further investigation on any matter related to the offence, he/she may give necessary instructions to the investigation team stating the reason therefor.

(7) It shall be the duty of the concerned investigation team to comply with the instructions given by the Government Attorney pursuant to subsection (6). 13.
Muluki Criminal Procedure Code, 2017

13. To Keep in Custody: (1) A person arrested pursuant to this Chapter shall be kept in custody.

(2) While keeping in custody pursuant to subsection (1), the person shall be kept in custody only after issuing a detention warrant in the format according to Schedule 10, mentioning the place of arrest and the reason for detention.

(3) If a person is kept in custody pursuant to subsection (1), a record shall be prepared containing his/her name, surname, age, address including ward number, father's/mother's name, citizenship certificate or other identification document revealing his/her identity, and if not available, a copy of similar documents revealing his/her true identity including driving license, passport, and telephone number if he/she has a telephone.

(4) For the purpose of subsection (3), the investigation officer may, if necessary, also take the photograph and thumbprints including both palms of the person.

(5) After the record is prepared pursuant to subsection (3), the concerned police office or investigation officer shall inform the person requested to be informed by the person in custody that he/she is in custody, based on such record.

(6) If a person arrested pursuant to this Section wishes to consult a legal practitioner, the investigation officer shall allow him/her to consult such legal practitioner. 14. Period for Detention for Investigation and Procedure relating thereto: (1) After arresting a person for investigation of an offence pursuant to this Chapter, he/she shall be produced before the case hearing officer as soon as possible within twenty-four hours.

(2) No person shall be kept in custody contrary to subsection (1).

(3) If a person needs to be kept in custody beyond the period mentioned in subsection (1), the investigation officer shall, stating the basis and reason therefor, submit a petition through the Government Attorney Office to the case hearing officer for permission.
Muluki Criminal Procedure Code, 2017

Explanation: For the purpose of this Section, the time required to bring the arrested person from the place of arrest to the as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.police office or the office authorized to investigate, or the time required to produce him/her from the as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.police office or the office authorized to investigate to the court shall not be counted within the period of twenty-four hours.

(4) While submitting a petition to the case hearing officer pursuant to subsection (3), the investigation officer shall clearly state the charge against the person in custody, the basis thereof, the reason for needing to investigate by keeping him/her in custody, and if his/her statement has been taken, the details according to the statement document.

(5) The person being produced for permission to keep in custody pursuant to subsection (3) may, if he/she wishes, submit a petition to the case hearing officer for a medical examination.

(6) When the investigation officer requests permission to keep a person in custody pursuant to subsection (3), the case hearing officer, upon examining the relevant documents, considering whether the investigation has been conducted satisfactorily or not, and if deemed necessary, after also hearing the arguments of the concerned legal practitioner, may order the person to be kept in custody for up to a maximum of twenty-five days at once or in installments, if it appears necessary to keep him/her in custody for investigation.

(7) Notwithstanding anything contained in subsection (6), if the investigation of offences among those under Schedule 1 relating to attack on the President, espionage, subverting the military, waging war against the State of Nepal or assisting a state at war with Nepal, or explosives, abduction and hostage-taking cannot be completed within the time limit given pursuant to subsection (6), the investigation officer and as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.may jointly submit a report with reasons to the case hearing officer.

(8) Upon submission of the report pursuant to subsection (7), the case hearing officer may, considering the status of the investigation, order the person to be kept in custody for up to a maximum of an additional fifteen days at once or in installments.
Muluki Criminal Procedure Code, 2017

Provided that, no person accused of an offence shall be kept in custody for a period longer than the term of imprisonment that he/she may receive if convicted of such charge.

(9) When the case hearing officer orders detention pursuant to subsection (6) or (8), a reasoned record sheet shall be prepared.

(10) Notwithstanding anything contained elsewhere in this Section, if the investigation officer considers it reasonable to investigate a woman more than seven months pregnant, a child, or a person aged over seventy-five years without detaining them, considering the nature of the offence, he/she may prepare a reasoned record and investigate by keeping them on bail. 15. Investigation Officer may Release Person in Custody: (1) If it is not considered necessary or appropriate to keep a person in custody during the course of investigation pursuant to this Act, the investigation officer, after obtaining the consent of the Government Attorney, or if such consent cannot be obtained immediately, after preparing a reasoned record, may release such person on surety or bail or on personal recognizance of some responsible person, or keep him/her on bail.

(2) When releasing on surety or bail or keeping on bail pursuant to subsection (1), an undertaking shall be obtained from the person so released or kept on bail to appear if the case is prosecuted against him/her.

(3) The person providing personal recognizance pursuant to subsection (1) shall produce the person released on personal recognizance at the time specified by the investigation officer or the Government Attorney Office.

(4) If such person is not produced at the specified time pursuant to subsection (3), the investigation officer may impose a fine of up to fifty thousand rupees on the person providing personal as amended by Some Nepal Acts Amending Act relating to the Muluki Code, 2075.recognizance.

(5) If investigation is conducted by keeping a person on bail pursuant to subsection (1), the investigation officer shall inform the Government Attorney and the superior police office thereof. 16.
Muluki Criminal Procedure Code, 2017

16. To Take Statement and Conduct Interrogation: (1) The investigation officer shall take the statement of the accused before the Government Attorney regarding an offence under Schedule 1 or Schedule 2.

(2) While taking a statement pursuant to subsection (1), the Government Attorney shall have the right to ask necessary questions to be

(6) Notwithstanding anything contained in sub-section (3), after the post-mortem examination of the corpse under sub-section (2) is completed, if it does not appear from such examination that the death resulted from any offence or in suspicious circumstances and that a post-mortem (autopsy) of such corpse is not necessary, the investigating officer shall, stating the reasons thereof, prepare a note in the presence of local respectable persons and attach it to the case file.

(7) If the corpse is in a decomposed or mutilated state and cannot be examined, or if it appears so, the concerned investigating officer shall, disclosing such fact, prepare a report (muculka) in the presence of local respectable persons and keep it on record. Provided, however, that even if the corpse has decomposed or putrefied or cannot be autopsied, if the cause of death can be determined by other examination of the corpse or any part thereof, other scientific examinations may be conducted.

(8) After the autopsy of the corpse has been completed or a note has been prepared under sub-section (6), the concerned police personnel shall hand over the corpse to the concerned heir of the deceased after obtaining a receipt.

(9) If the heir does not accept the corpse under sub-section (8), or if no heir is present, or if the heir is not identified, the concerned police personnel shall arrange for the final rites of the corpse at government expense.

(10) While conducting an autopsy or examining a corpse or collecting any other evidence, the investigating officer may, if deemed appropriate depending on the gravity of the offence, take along a concerned expert.

(11) If the expert or physician conducting the autopsy under this section deems it necessary to have the autopsy conducted by a team of more than one expert to ascertain the actual cause of death of any person or to investigate any other matter related to the offence, or if the investigating officer deems it appropriate to have the autopsy conducted by a team of experts regarding the cause of death of any person, the autopsy may be conducted by such team. 21.
Muluki Criminal Procedure Code, 2017

22. Injury examination to be conducted: (1) If any incident occurs due to assault causing wounds, injuries, bruises or marks, etc., and the concerned person files an application for examination thereof, or if a written request is made by the investigating officer, the government doctor or health worker shall examine the wounds, injuries, bruises or marks of such person and prepare an injury examination report in the format as per Schedule-16.

(2) Apart from as mentioned in sub-section (1), if a person detained in custody during the course of an investigation files an application, or someone else files an application on his behalf, showing reasonable grounds that evidence of assault, torture or any other offence committed against him may be obtained through a medical examination of his person, the court may order such person to be physically examined by a government doctor or a doctor or health worker designated by the Government of Nepal.

(3) While conducting a physical examination under sub-section (2), the injury examination as mentioned in sub-section (1) shall also be provided.

(4) The examination report prepared under sections 20, 21 and this section shall be made available by the concerned doctor, expert or laboratory to the concerned office or investigating officer within a maximum of three days, excluding the time required for transit, from the date of such examination.

(5) If a person taken into custody appears to have been assaulted or tortured as referred to in sub-section (2), the court shall order the concerned Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.police office or the office or officer authorized to conduct the investigation to provide treatment to the person so assaulted or tortured and provide interim relief, and to take departmental action against the person who assaulted or tortured him in accordance with law. Added by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.(6) If the investigating officer fails to send a written request to the government doctor or health worker for an injury examination under sub-section (1), the concerned person may file an application to the court stating such fact, and upon receipt of such application, the court may order the government doctor or health worker to conduct the injury examination. 23.
Muluki Criminal Procedure Code, 2017

23. Expert opinion may be obtained: (1) The investigating officer may, if deemed necessary in the context of the investigation, take along an expert or obtain the opinion of an expert on any matter related to the offence.

(2) If an opinion is requested under sub-section (1), it shall be the duty of the concerned expert to provide such opinion.

(3) The expert opinion obtained under sub-section (2) shall be attached to the case file.

(4) If the expert person under this section is a non-government person, the expenses incurred for availing his services shall be borne by the Government of Nepal.

(5) Notwithstanding anything contained elsewhere in this section, if the investigating officer, due to the sensitivity or complexity of a case, deems it appropriate to obtain an opinion from a medical board or a board of any other experts in such case and recommends accordingly, the Government of Nepal may constitute such a board.

(6) Once a board is constituted under sub-section (5), such board shall provide its opinion in that regard. 24. Identification to be conducted: (1) If any person is to be identified in a case, a police personnel of at least the rank of Police Deputy Inspector shall conduct the identification. Provided, however, that the sole fact that identification was not conducted shall not materially affect the proceedings of the case.

(2) While conducting identification under sub-section (1), the person to be identified shall be kept in a place where he cannot be seen by the identifier(s), and the person to be identified shall be placed together with at least four other persons of similar age, complexion or physical appearance, dressed as far as possible in similar attire, and each person conducting the identification shall be made to identify separately.

(3) The format of identification shall be as set forth in Schedule-17.

(4) While conducting identification under sub-section (2), a record stating whether the identifier(s) were able to identify or not shall be prepared and attached to the case file.

(5) A police personnel of the rank of Police Deputy Inspector may conduct identification of any article or thing related to the case by preparing an identification report (muculka). 25.
Muluki Criminal Procedure Code, 2017

25. Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.Investigation diary to be maintained: (1) The Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.police officer or investigating officer conducting investigation under this Chapter shall, for the purpose of immediately recording every action taken by him in relation to the investigation, prepare an Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.investigation diary in the format as per Schedule-18.

(2) In the diary prepared under sub-section (1), such Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.police officer or investigating officer shall record the following matters:-
(a) The date and time of receiving information about the offence and a brief description thereof,
(b) The work and actions taken by him in the course of the investigation,
(c) The places visited by him in the course of the investigation,
(d) The clues, evidence and other necessary things obtained in the course of the investigation,
(e) If anyone has been arrested in the course of the investigation, the details thereof,
(f) The name, address and the statement made by the person he questioned in the course of the investigation regarding the offence,
(g) The demeanor of the persons arrested or examined,
(h) Other relevant facts or information obtained in the course of the investigation.

(3) The diary prepared under sub-section (1) may be summoned and inspected by the government attorney or the court as required. Removed by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.

(4) An officer superior to the concerned investigating officer may, if he so desires, inspect the matters recorded in the diary prepared under sub-section (1) and also give necessary directions in the context of the investigation. 26. Opinion, advice may be sought regarding investigation: (1) While conducting investigation under this Chapter, the concerned investigating officer may seek the opinion or advice of the government attorney on any matter.

(2) If an opinion or advice is sought under sub-section (1), the concerned government attorney shall provide his opinion or advice.

(3) While giving opinion or advice under sub-section (2), if the government attorney deems it necessary to conduct further investigation on any matter, or to collect additional evidence, or to seize any clue evidence, or to obtain information from someone, he may direct the concerned investigating officer to do or cause to be done accordingly.

(4) It shall be the duty of the concerned investigating officer to comply with the directions given under sub-section (3). 27.
Muluki Criminal Procedure Code, 2017

27. Attorney General may give necessary directions in the context of investigation: (1) The Attorney General may obtain necessary information regarding the ongoing investigation in any criminal case to be filed by the Government of Nepal.

(2) Upon obtaining information under sub-section (1), if it appears that the investigation of an offence in which the Government of Nepal is the plaintiff is inadequate, or that a particular measure, method or procedure should have been adopted in such offence but was not adopted, or that further investigation is required, the Attorney General may, at any time, give directions to the investigating officer or his departmental head regarding the investigation.

(3) It shall be the duty of the concerned investigating officer to comply with the directions given under sub-section (2). 28. Record of complaint application to be maintained: (1) When submitting an application to the court for permission to detain an arrested person under sub-section (3) of section 14, the investigating officer shall, through the government attorney, submit a copy of the complaint application or information received by the police office or investigating officer to the officer hearing the case.

(2) The officer hearing the case shall maintain a separate record of the application or information under sub-section (1). 29. May be sent to the concerned body: Notwithstanding anything contained elsewhere in this Act, if during the investigation of an offence under Schedule-1 or Schedule-2, it appears that the investigation needs to be conducted under any other law, the matter may be sent, along with the progress report of the investigation, to the concerned body or officer responsible for investigating such offence. 30.
Muluki Criminal Procedure Code, 2017

30. Investigation of offences committed outside Nepal: (1) In relation to an offence committed outside Nepal, if there is a legal provision for the case to be heard in a court in Nepal, then, notwithstanding anything contained elsewhere in this Act, the investigation of such offence conducted by fulfilling the procedure according to the following clauses shall be deemed to have been regularly conducted under this Act:-
(a) If there is a treaty with any country allowing the investigation of criminal offences triable in Nepalese courts to be conducted by the authorized investigating officers of the other country, an investigation conducted according to the provisions of such treaty,
(b) If there is no treaty as per clause (a), an investigation conducted by an investigating officer designated by the Government of Nepal, with the permission of the country where the offence occurred obtained through diplomatic channels and with the assistance of the authorized officer of that country,
(c) If investigation cannot be conducted as per clause (a) or (b), an investigation conducted by the authorized investigating officer of the country where the offence occurred,
(d) If it is also not possible as per clause (c), an investigation conducted by the authorized investigating officer of the area where the accused is found, or if the accused is not found, of the area where the accused has his permanent residence.

(2) If the investigation report or related documents under sub-section (1) are in a language other than Nepali, an authentic translation of such documents into Nepali shall be prepared and submitted to the court.

(3) If it appears from the investigation conducted under sub-section (1) that a case should be filed against any person, the concerned government attorney shall prepare a charge sheet under this Chapter and file the case in court. Added by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2080.30A. Action to be taken on money laundering offence: While investigating an offence relating to improper transactions, if it appears that a creditor has given an abnormally large amount of loan informally (ghersar), an investigation shall be conducted and action shall be taken for the offence of money laundering in accordance with the prevailing law. 31.
Muluki Criminal Procedure Code, 2017

31. Investigation report to be submitted: (1) Upon completion of the investigation of any offence under Schedule-1 or Schedule-2, if it appears that there is sufficient evidence to prosecute all or any of the persons suspected of having committed the offence, the investigating officer shall prepare an investigation report stating under which law such person is to be punished, and if it appears that no offence has been committed, or even if an offence has been committed the person who committed it cannot be identified, or there is insufficient evidence to prosecute any person, the investigating officer shall, stating such fact, prepare an investigation report in the format as per Schedule-19 along with the original and copy of the case file and documents and the clue evidence, and send it to the concerned government attorney's office.

(2) While sending the report under sub-section (1), in the case of a non-custodial case, it shall be sent at least fifteen days before the expiration of the limitation period under the relevant law, and in the case of a custodial case, it shall be sent at least three days before the date of filing the case, taking into account the time required for deciding whether to prosecute or not, preparing the charge sheet and filing it in court.

(3) Upon receipt of the file along with the investigation report under sub-section (1), the concerned government attorney shall study the file, evaluate the evidence collected during the investigation, and send the file to the Attorney General for a decision on whether to prosecute or not. Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.Provided, however, that if the authority to decide whether to prosecute or not has been delegated by the Attorney General to a subordinate government attorney, such file shall be sent to the concerned government attorney.
Muluki Criminal Procedure Code, 2017

Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.Provided, however, that if the authority to decide whether to prosecute or not has been delegated by the Attorney General to a subordinate government attorney, such file shall be sent to the concerned government attorney. Explanation: For the purposes of this section, "subordinate officer" means a government attorney under the Attorney General, and the term also includes any officer or employee of the Government of Nepal authorized by the Attorney General to prosecute any other case where the Government of Nepal is the plaintiff, except where otherwise provided in the Constitution.

(4) While studying the file in the course of deciding whether to prosecute or not under sub-section (3), if the government attorney finds it necessary to collect additional evidence, or conduct further investigation, or conduct further questioning of any person, he may direct the investigating officer to collect such evidence, conduct further investigation, or question such person and send the report accordingly.

(5) If the government attorney directs further investigation of an offence under sub-section (4), the investigating officer shall complete such further investigation within fifteen days from the date of receipt of such direction.

(6) If it appears to the investigating officer that the further investigation under sub-section (5) cannot be completed within the period specified in that sub-section, and if any person is in custody, the investigating officer may release such person on bail with or without surety of a respectable person.

(7) If the investigating officer submits a report to the government attorney stating that a case cannot be filed against any person under this section, and if any person is in custody during the course of the investigation, the investigating officer shall keep such person in custody until the government attorney decides whether or not to prosecute. Added by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.(8) Notwithstanding anything contained elsewhere in this Chapter, even if a decision has been made not to prosecute an offence under Schedule-1 or Schedule-2 due to lack of evidence, if any important evidence is obtained subsequently, a further investigation may be conducted in relation to such offence and a charge sheet may be filed. Chapter-3

Prosecution and Case Filing

32.
Muluki Criminal Procedure Code, 2017

Chapter-3

Prosecution and Case Filing

32. Charge sheet to be filed: (1) When studying the file to decide whether or not to prosecute under sub-section (3) of section 31, if sufficient evidence for prosecution is found from the collected evidence, the concerned government attorney shall, in the case of an offence under Schedule-1 or Schedule-2, prepare a charge sheet in the format as per Schedule-20 stating the following details and submit it to the concerned court within the limitation period:-
(a) Full name, surname, address, description, age, profession or occupation of the accused,
(b) Name of the father, mother or husband/wife of the accused,
(c) Rural municipality or municipality, ward number, village, tole, and if available, block number where the accused resides,
(d) Details for actual identification of the accused, his photograph, copy of citizenship or passport, driving license or other documents revealing his true identity,
(e) Fingerprints of both index fingers of the accused, if available,
(f) If residing as a tenant in another's house, details including the name, surname and address of the landlord,
(g) Details of the information related to the offence,
(h) Details of the offence,
Added by the Act Amending Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.(h1) If the offence being prosecuted appears to be a predicate offence under the law relating to prevention of money laundering, a claim for punishment for the offence of money laundering as well, if any,
(i) Details of the clues and evidence proving that the accused committed the offence,
(j) The accusation made against the accused and the bases and reasons thereof,
Added by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.(j1) If any accused is absconding, details of his property and other matters, and if he holds any public office, details thereof,
Added by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.(j2) If the offence charged involves moral turpitude, a claim to that effect,
(k) The relevant law to be applied and the reason therefor,
(l) The claim for the punishment to be imposed on the accused and the reason therefor,
(m) If compensation is to be awarded to the person harmed by the offence, the amount of such compensation,
(n) Details of any other relevant matters related to the nature of the offence.

(2) While submitting the charge sheet under sub-section (1), the collected evidence, Amended by the Act Amending Some Acts against Sexual Violence, 2079.clues and articles related to the offence shall be submitted, and in the case of an offence of rape, along with the victim if possible, and the accused if in custody.
Muluki Criminal Procedure Code, 2017

34. Filing of case not necessary in certain types of petty offences: (1) Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.If it appears that filing a case for a certain type of petty offence under Schedule-1 or Schedule-2 is not practical or does not substantially affect the public interest, the government attorney may, with the approval of the Attorney General, decide not to file a case against such person.

(2) Before making a decision under sub-section (1), the government attorney shall obtain an undertaking from such accused that he will not commit such an offence in the future.

(3) For the purposes of this section, "certain types of petty offences" means the following offences:-
(a) An offence of pickpocketing with a loss of up to one thousand rupees committed for the first time,
(b) An offence of begging committed for the first time,
(c) Any other offence committed for the first time punishable with a fine of up to three thousand rupees or imprisonment of up to one month or both.

(4) Before deciding not to file a case under this section, the government attorney shall confiscate the loss (bigo) from the offence.

(5) Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.The loss confiscated under sub-section (4) shall be given to the person harmed by the offence, if any, and if not, shall be deposited in the Victim Relief Fund established by law.

(6) If a case is not filed under sub-section (1), and if such person commits any offence under this Act within three years from that date, the punishment for the earlier offence shall also be added.

(7) Notwithstanding anything contained elsewhere in this section, if the government attorney decides not to file a case, the aggrieved party who is dissatisfied with such decision may file a case on his own behalf.

(8) If a decision not to file a case is made under sub-section (7), the victim shall be informed immediately, and the limitation period under the law shall be deemed to have commenced from the date of receipt of information about such decision.

(9) The concerned government attorney shall provide copies of the investigation documents conducted under this Chapter to the person filing the case under sub-section (7). 35.
Muluki Criminal Procedure Code, 2017

35. Additional claims may be made: After a case has been filed in court, if it appears from other related additional evidence in such case that claims need to be made against other accused persons besides the ones already charged, or if it appears necessary to add additional charges against a person who has already been made an accused in the filed case, the government attorney may, stating the reason thereof, have further investigation conducted and file a case with additional claims against the additional accused persons as well. 36. Charge sheet may be amended: (1) If, after a case has been filed in court once, additional evidence is found and it appears necessary to amend the claim previously made, the concerned government attorney may, with the approval of the Attorney General, submit an application stating the reasons to the concerned court of first instance for amendment of the charge sheet.

(2) If an application is filed under sub-section (1) and the contents thereof appear reasonable, the concerned court may order the amendment of the claim in the charge sheet as per the application. Provided, however, that such order for amendment must be given by the concerned court of first instance before rendering its judgment. 37. Order may be given to correct minor errors: (1) If there is a minor error in the charge sheet of a case filed in court and it needs correction, the concerned government attorney may submit an application to the concerned Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.court stating the reason thereof.

(2) Upon examining the application filed under sub-section (1), if it appears reasonable to correct the error, the court may order the correction of such error. Explanation: For the purposes of this section, "minor error" means an error relating to the spelling or typing or printing of the name, surname, age or address of the accused. 38. Preservation of clues, evidence and accused: (1) When the investigating officer submits the file along with the investigation report for prosecution to the government attorney, he shall keep the clues, evidence and the accused related to the offence under his control, and shall submit them to the concerned court immediately upon the order of the concerned government attorney.

(2) Except as mentioned in sub-section (1), if, after a case has been filed in court under this Chapter, any further evidence, proof, object, document or clue is found, the concerned police office shall deposit it with the concerned government attorney's office, and such government attorney's office shall, after necessary examination, submit such documents, clues, evidence to the court. 39.
Muluki Criminal Procedure Code, 2017

39. To be kept safe: (1) If the government attorney decides not to prosecute under sub-section (3) of section 31, the case file and the objects of clues and evidence shall be sent back immediately to the concerned police office.

(2) The concerned police office shall keep the case file, clues, evidence, and objects received under sub-section (1) in safe custody for the duration of the limitation period for filing a case for such offence.

(3) If the clues, evidence or objects under sub-section (1) are the property of someone, the police office shall return such property to the owner upon executing a bond with the condition to deposit it with the investigating officer or court when required. 40. Copy or information to be given: (1) If the government attorney decides not to prosecute under sub-section (3) of section 31, a copy of such decision, and if a decision to prosecute is made, a copy of the charge sheet shall be given to the concerned investigating officer and the accused.

(2) If the concerned government attorney decides that there is not sufficient evidence to prosecute in any case under Schedule-1 or Schedule-2, he shall give information of such decision to the concerned investigating officer and to the officer or office superior to such investigating officer. 41. Notice to be given to the complainant or victim: If a decision not to prosecute is made under sub-section (3) of section 31 in relation to any offence, the investigating officer shall, as soon as possible, give notice stating the reasons thereof to the complainant or the victim. 42. Making the concerned person a party: (1) While a case filed by the Government of Nepal as plaintiff under this Act is being proceeded with, if it appears that the case does not fall within Schedule-1 or Schedule-2 but some other case may proceed under law, the court shall so order and give notice thereof to the concerned person.

(2) If the concerned person accepts such case within two months from the date of receipt of notice under sub-section (1), he shall be made the plaintiff party and the case shall be proceeded with and decided under law from the same case file. 43.
Muluki Criminal Procedure Code, 2017

43. Filing of case: (1) The following cases required to be filed under this Act may be filed in the concerned court by the following officer or person:-
(a) Cases relating to offences under Schedule-1 and Schedule-2, in the form of a charge sheet, by the concerned government attorney,
(b) Cases relating to offences under Schedule-3, in the form of a complaint or report, by the Government of Nepal, a constitutional body, court or any public officer,
(c) Cases relating to offences under Schedule-4, in the form of a plaint, by a person having the right to file such case or a concerned person.

(2) If a case is filed under sub-section (1), such case shall be deemed to have been filed under this Act. 44. No punishment for turning approver or lodging complaint: (1) In cases relating to offences under Schedule-1, Schedule-2 and Schedule-3, no punishment shall be imposed for turning approver or lodging a complaint.

(2) Notwithstanding anything contained in sub-section (1), if a person, by showing something or evidence of a nature that would be believed by the Government of Nepal, police personnel or other authority, turns approver or lodges a complaint, and an investigation is conducted on that basis and a case has proceeded in court, and thereafter, if a report, complaint or statement is made or it appears from any witness's testimony or otherwise that such thing or evidence was false or fabricated, the court may, upon taking evidence from the same case file, do the following:-
(a) Punish a witness who writes down false things or gives fabricated testimony with imprisonment of up to three months or a fine of up to five thousand rupees or both,
Provided, however, that while imposing such punishment, the imprisonment or fine shall not exceed half of the punishment leviable to the offender.
(b) If the court believes that the act of writing down false things or presenting fabricated evidence or lodging a complaint or turning approver was done by a witness due to personal spite or being misled by some inducement, and not due to a reasonable cause, the court may order such witness, considering the nature and circumstances of the case, to pay reasonable compensation to the acquitted defendant from the same case. Provided, however, that if the witness gives a reasonable cause for giving adverse testimony or lodging the complaint, compensation shall not be imposed. Chapter-4

Jurisdiction of Courts

45. Court of the area where the offence committed to hear the case: The authority to conduct proceedings and adjudicate a case relating to any offence shall vest in the court of the area where such offence was committed.
Muluki Criminal Procedure Code, 2017

Provided, however, that the Government of Nepal may, under law, establish a separate criminal court or criminal bench in any district to conduct and adjudicate or cause to adjudicate such offences. 46. If offence relates to different areas, court of any such area may hear the case: In the following circumstances, the court of any area may conduct proceedings and adjudicate the case:-
(a) If an act constituting an offence occurred partly in one area and partly in another, the court of any of such areas,
(b) If an act occurred in one area and its result manifested as an offence in another area, the court of any of such areas,
(c) If different offences were committed in different areas in the course of the same incident, the court of the area where any of such offences was committed,
(d) If an offence was committed in different areas and it cannot be ascertained in which area the act constituting the offence was completed, the court of any of such areas,
(e) In the case of an offence of kidnapping or hostage-taking, the court of the area where such offence was committed or where the kidnapped or hostage person is kept, concealed or detained,
(f) If an offence is committed by a person travelling, or against a person travelling, or in relation to goods being transported from one area to another, the court of the area where the offence commenced, or any

(6) Notwithstanding anything contained in sub-section (5), the following person may lodge a separate complaint within sixty days of the filing of the charge sheet amended by the Nepal Acts Amending Relating to the Civil Code, 2075. for compensation for the loss caused by any offense:

(a) The person who has suffered loss from the offense,
(b) Any close relative of a public servant who, in the course of his/her duty, is posted elsewhere or is abroad, in relation to a matter that the public servant should complain about,
(c) A person holding a position, post, or any other capacity, in relation to any work that a person is required to perform or any matter that a person is required to protect by virtue of such position, post, or capacity,
(d) In relation to a matter for which a person with a disability, a child, a person over the age of seventy-five, or a person incapacitated by physical or mental illness is entitled to complain, the close relative living in the same household of such person, and if there is no such relative, any other relative or guardian,
(e) Where an organized institution has suffered loss from an offense, the authorized director or member, administrator, or chief executive officer who primarily works for such institution.