chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Electricity Authority Act, 1984

The Board of Directors shall exercise all powers conferred on the Authority and perform its duties in accordance with this Act and the regulations made under this Act. 9. Directors: (1) The Board of Directors shall consist of eight directors. Those directors shall be elected by the general meeting, and the person chosen from among themselves by the elected directors shall be the Chairperson of the Board of Directors.

(2) The Government of Nepal or any corporate body may nominate directors in proportion to the shares taken by the Government of Nepal or such body, and the rights and liabilities of such nominated directors shall be the same as those of elected directors. Amended by the First Amendment. (3) Notwithstanding anything contained in subsection (1), until the provision for the election of directors by the general meeting is made, the Board of Directors shall consist of the following members:-

Amended by the Some Nepal Acts Amendment Act, 2075 (2018). (a) The Minister for Energy, Water Resources and Irrigation or a special class employee of the Government of Nepal designated by the Government of Nepal - Chairperson

Amended by the Some Nepal Acts Amendment Act, 2075 (2018). (b) Secretary, Ministry of Energy, Water Resources and Irrigation - Member

(c) Secretary, Ministry of Finance - Member

Amended by the Some Nepal Acts Amendment Act, 2082 (2025). (d) One person nominated by the Government of Nepal from among persons who have obtained at least a bachelor's degree in Economics, Commerce, Finance or Management from a recognized university and have at least five years of work experience in the field of financial management or project investment - Member

Amended by the Some Nepal Acts Amendment Act, 2082 (2025). (e) Two persons, including at least one from the Dalit community, nominated by the Government of Nepal from among electricity consumers who have obtained at least a bachelor's degree from a recognized university and have at least five years of experience in a body or organization related to consumer rights and interests - Member

Amended by the Some Nepal Acts Amendment Act, 2082 (2025). (f) Two persons, including at least one woman, nominated by the Government of Nepal from among persons who have obtained at least a bachelor's degree in Engineering from a recognized university and have at least five years of work experience in the field of hydropower or infrastructure - Member

(g) Executive Director, Authority - Member-Secretary

Amended by the First Amendment. (4) The term of office of nominated members of the Committee shall be four years. Provided, however, that the Government of Nepal may, if necessary, remove such members before the expiry of their term or nominate another person in their place.
Nepal Electricity Authority Act, 1984

Provided, however, that the Government of Nepal may, if necessary, remove such members before the expiry of their term or nominate another person in their place. Added by the Some Nepal Acts Amendment Act, 2082 (2025). (4A) The members nominated under clauses (d), (e) and (f) of subsection (3) who are holding office at the time of commencement of this subsection shall continue in office for the term specified at the time of their nomination.

(5) The term of office of directors elected by the general meeting shall be four years, and after the expiry of the term, they may be re-elected as a director for a maximum of two consecutive terms. Provided, however, that among the eight directors elected for the first time, the term of office of four directors determined by lottery shall be two years. 10. Disqualification for being a Director: The following person shall not be eligible to be or remain a director:-

(a) Any salaried officer holder of the Authority,
Provided that this clause shall not apply to the Executive Director appointed by the Government of Nepal.

(b) Being insolvent unable to pay debts,

(c) Being insane or of unsound mind,

(d) Having been convicted by a court on a criminal charge involving moral turpitude,

(e) Being directly or indirectly interested in any contract or lease with the Authority. 11. Director May be Removed: (1) A director elected by the general meeting may be removed by a majority of the shareholders present at the general meeting in the following circumstances:-

(a) If any condition mentioned in Section 10 arises,

(b) If he/she is absent from meetings of the Committee for more than three consecutive times without any reasonable cause and without the permission of the Committee. Deleted by the First Amendment. (2)

(3) Directors shall automatically cease to be members of the Committee in the following circumstances:-

(a) If the resignation tendered by a member is accepted,

(b) Upon death. 12. Filling of Vacancy of Director: (1) If the post of any director becomes vacant due to death, resignation or any other reason, such vacancy shall be filled only for the remaining term of the predecessor. 13. Acts Not to be Invalid: No act or proceeding of the Committee shall be invalid merely by reason of any defect in the constitution of the Committee, or any vacancy in the post of any director. 14. Remuneration of Director: The remuneration and facilities of directors shall be as prescribed. Provided, however, that members under subsection (3) of Section 9 shall not receive remuneration, and they shall receive only meeting allowance as determined by the Committee. 15.
Nepal Electricity Authority Act, 1984

14. Remuneration of Director: The remuneration and facilities of directors shall be as prescribed. Provided, however, that members under subsection (3) of Section 9 shall not receive remuneration, and they shall receive only meeting allowance as determined by the Committee. 15. Meeting of the Committee: (1) The meeting of the Committee shall be held at the prescribed date, time and place.

(2) If more than fifty percent of the directors are present, the meeting of the Committee shall be deemed to have formed a quorum.

(3) The meeting of the Committee shall be presided over by the Chairperson of the Committee or, in his/her absence, by a director chosen from among themselves by the directors present at the meeting.

(4) The decision of the majority shall prevail at the meeting of the Committee, and in case of a tie, the director presiding over the meeting shall have a casting vote.

(5) Other procedures relating to the meeting of the Committee shall be as prescribed. 16. To Follow Commercial Principles: While performing the functions of the Authority, the Committee shall follow commercial principles, having due regard to the convenience of the general public. 17. General Manager or Executive Director, Advisors and Other Employees: (1) For the purpose of conducting the business of the Authority, the Committee may appoint a General Manager as the chief administrative officer, and advisors and employees as required. Provided, however, that until the provision for a general meeting is made, the Government of Nepal shall appoint an Executive Director as such chief administrative officer.

(2) The remuneration, other terms of service and facilities of the General Manager or Executive Director, advisors and other employees of the Authority shall be as prescribed. 18. Restriction on General Manager or Executive Director: No General Manager or Executive Director of the Authority shall be directly or indirectly interested in any contract or lease with the Authority. Chapter 3
Functions, Duties and Powers of the Authority

19.
Nepal Electricity Authority Act, 1984

18. Restriction on General Manager or Executive Director: No General Manager or Executive Director of the Authority shall be directly or indirectly interested in any contract or lease with the Authority. Chapter 3
Functions, Duties and Powers of the Authority

19. Functions and Duties of the Authority: The functions and duties of the Authority shall be as follows:-

(a) To recommend to the Government of Nepal for determining long-term and short-term policies relating to electricity supply,

Added by the First Amendment. (a1) To generate, transmit or distribute electricity and supply electricity in accordance with the prevailing law.

(b) To formulate plans for electricity generation, transmission and distribution systems and other related works, and to construct, operate, maintain and develop electricity generation stations, substations, distribution centers, transmission and distribution lines and related facilities necessary for the implementation of the formulated plans,

(c) To make arrangement for the generation, transmission and distribution of electricity of appropriate level in economically viable areas for industrial and agricultural development and the convenience of the people,

Amended by the Some Nepal Acts Amendment Act, 2075 (2018). (d) To determine service charges including meter connection, meter shifting, name transfer, capacity enhancement from consumers excluding electricity tariff,

(e) To carry out or cause to be carried out necessary research work relating to electricity generation, transmission and distribution,

(f) To make arrangement for higher training and studies to prepare skilled manpower relating to electricity generation, transmission and distribution,

Added by the First Amendment. (f1) To provide technical advice and consultation related to electricity generation, transmission or distribution work.

(g) To carry out or cause to be carried out other necessary works for the fulfillment of the objectives of the Authority. 20. Powers of the Authority: (1) The powers of the Authority shall be as follows:-

(a) To take loans from domestic institutions, banks or persons,

(b) To take loans from foreign governments, foreign institutions and international institutions,

(c) To collect electricity tariff and service charges from consumers,

(d) To sell electricity to foreign countries or purchase electricity from foreign countries,

(e) To invest the amount lying in the Authority's fund,

Added by the First Amendment. (e1) To control unauthorized consumption of electricity distributed by the Authority,

(f) To purchase electric power generated from the private sector,

(g) To do all acts incidental and necessary for the performance of its functions and duties.

(2) While exercising the powers under clauses Amended by the First Amendment. (b) and (d) of subsection (1), the Authority shall obtain prior approval of the Government of Nepal. 21.
Nepal Electricity Authority Act, 1984

21. To Acquire Land: The Government of Nepal may, in accordance with the prevailing law, acquire necessary land for the Authority for the following purposes:-

(a) To construct dams or embankments,

(b) To construct canals or channels,

(c) To construct reservoirs,

(d) To construct electricity generation stations, transmission centers and substations,

(e) To install electric wires or lines above or below the ground,

(f) To erect electric poles,

(g) To construct other electricity-related facilities,

(h) To carry out other works for the fulfillment of the objectives of the Authority. 22. To Enter into Others' Houses and Lands: If it is necessary for a person authorized by the Authority to enter into another person's house or land in the course of the Authority's work, he/she may enter after giving prior notice to the person currently using such house or land. Provided, however, that if there is reasonable ground to suspect misuse or theft of electricity, or to prevent an accident or to carry out urgent repair work, prior notice need not be given. 23. Electricity Line May Be Cut: (1) If any consumer fails to pay the tariff, fine, compensation, surcharge, other charges and other amounts payable to the Authority within the prescribed time Added by the First Amendment. or makes unauthorized use of electricity, the Authority may cut the electricity line provided to such consumer. Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). (2)

Added by the First Amendment. 23A. May Impose Compensation, Surcharge and Fine: If any consumer or other person makes unauthorized consumption of electricity, or if a consumer fails to pay the electricity tariff within the prescribed time, the Authority may levy fine, compensation and surcharge from such consumer or person making unauthorized consumption of electricity as prescribed. 24. Not to Sell Property: The Authority shall not sell, or otherwise transfer or transfer title of, any immovable property or any movable property of a value exceeding one hundred thousand to any person without the prior approval of the Government of Nepal. Provided, however, that prior approval of the Government of Nepal need not be obtained when auctioning items that have been used in work or have become unusable due to any other reason. 25.
Nepal Electricity Authority Act, 1984

Provided, however, that prior approval of the Government of Nepal need not be obtained when auctioning items that have been used in work or have become unusable due to any other reason. 25. Power to Give Directions: (1) The Government of Nepal may give the following directions to the Authority:-

(a) To operate any electricity service or to do any other work, specifying or not specifying a particular area,

(b) To stop, make any change in, or completely discontinue any work being done by the Authority in any area,

(c) Not to do any work that the Authority intends to do.

(2) It shall be the duty of the Authority to comply with the directions given by the Government of Nepal pursuant to subsection (1).

(3) If the Authority has to suffer a loss while acting in accordance with the directions given by the Government of Nepal under clauses Amended by the First Amendment. (a) and (b) of subsection (1), the Government of Nepal shall pay the amount so incurred as compensation to the Authority. 26. Annual Report: After the completion of audit each year, the Authority shall submit an annual report to the Government of Nepal, along with the auditor's report, containing the following details:-

(a) Details of the plan to implement the policy relating to electricity supply,

(b) Detailed status of projects operated by the Authority,

(c) Financial statement relating to the projected expenditure and sources of income of the Authority for the next five years,

(d) Details of the implementation of directions received from the Government of Nepal,

(e) Other details considered appropriate by the Authority. 27. Delegation of Powers: The Authority may delegate any of its powers to the Chairperson of the Committee, a director or member, or a sub-committee, the General Manager or Executive Director of the Authority, or any other employee. Chapter 4
General Meeting

28.
Nepal Electricity Authority Act, 1984

27. Delegation of Powers: The Authority may delegate any of its powers to the Chairperson of the Committee, a director or member, or a sub-committee, the General Manager or Executive Director of the Authority, or any other employee. Chapter 4
General Meeting

28. General Meeting: (1) After shares of at least ten percent of the total issued share capital of the Authority have been sold to the general public, an annual general meeting shall be held at the principal office of the Authority within three months from the date of receipt of the audit report after the completion of the audit each year.

(2) An extraordinary general meeting of the Authority shall be held at any time upon a written request by shareholders holding shares of at least ten percent of the total paid-up share capital of the Authority, or if the Committee considers it necessary.

(3) If twenty-five percent of the total number of shareholders whose names are registered as shareholders in the register of shareholders are present in person or by proxy, the general meeting shall be deemed to have formed a quorum.

(4) At the annual general meeting, discussion shall be held on the profit and loss account and balance sheet of the Authority, the auditor's report, and the report of the Committee on the work of the Authority throughout the year.

(5) A shareholder whose name is registered as a shareholder in the register of shareholders shall be entitled to vote at the general meeting in person or by proxy duly appointed from among other shareholders. Provided, however, that a shareholder who has not paid the unpaid amount of the share called by the Authority shall not be entitled to vote in that manner.

(6) The Chairperson of the Committee shall preside over the general meeting, or in his/her absence, a person chosen by a majority of the shareholders present at the general meeting from among themselves shall preside. Chapter 5
Fund and Audit

29. Fund of the Authority: (1) The Authority shall have its own separate fund. All amounts including the capital, loans and grants of the Authority shall be deposited in that fund.

(2) All expenses of the Authority shall be borne from the fund.

(3) The operation and financial administration of the fund of the Authority shall be as prescribed. 30.
Nepal Electricity Authority Act, 1984

All amounts including the capital, loans and grants of the Authority shall be deposited in that fund.

(2) All expenses of the Authority shall be borne from the fund.

(3) The operation and financial administration of the fund of the Authority shall be as prescribed. 30. Accounts and Audit: (1) The accounts of the Authority shall be kept in the format and manner approved by the Committee.

(2) Until the provision for a general meeting is made, the audit of the accounts of the Authority shall be conducted by the Auditor General or an auditor designated by him/her, and after the provision for a general meeting is made, by an auditor designated by the general meeting. Chapter 6
Miscellaneous

31. Formation of Advisory Committee: (1) The Authority may form an advisory committee as prescribed.

(2) The functions and duties of the advisory committee formed pursuant to subsection (1) shall be as prescribed. 32. Local Tax Not to Apply: No local tax of any kind shall be levied on the transactions of the Authority. Added by the First Amendment. 32A. May be Recovered as Government Dues: The Authority may recover tariffs, fines, compensation, surcharges payable by a consumer or any other person under this Act or the regulations made under this Act as government dues. 33. To Take Oath of Honesty and Secrecy: Every director or member, auditor, General Manager or Executive Director and other officers and employees of the Authority shall, before assuming their office, take an oath of secrecy as mentioned in the Schedule. 34. Dissolution of the Authority: (1) The Government of Nepal may, in the following circumstances, issue an order dissolving the Authority and appoint one or more liquidators for the distribution of its assets:-

(a) If shareholders holding shares of at least twenty-five percent of the paid-up share capital of the Authority demand in writing, giving reasonable cause, the dissolution of the Authority,

(b) If the Government of Nepal determines that the work of the Authority is not being conducted properly, or the assets of the Authority are being misappropriated, or the Authority has repeatedly violated the directions of the Government of Nepal.

(2) An order issued by the Government of Nepal dissolving the Authority pursuant to subsection (1) shall be final. 35. Power to Make Regulations: The Authority may make necessary regulations for the conduct of the business of the Authority, not inconsistent with this Act. Amended by the First Amendment. Amended by the Some Nepal Acts Amendment Act, 2075 (2018). 36.
Nepal Electricity Authority Act, 1984

35. Power to Make Regulations: The Authority may make necessary regulations for the conduct of the business of the Authority, not inconsistent with this Act. Amended by the First Amendment. Amended by the Some Nepal Acts Amendment Act, 2075 (2018). 36. Liaison with Government of Nepal: While liaising with the Government of Nepal, the Authority may, in matters of policy, liaise through the Ministry of Energy, Water Resources and Irrigation, and in other matters, directly liaise with the concerned body of the Government of Nepal. 37. Transfer of Assets and Liabilities: (1) Projects operated by the Government of Nepal or development committees formed under the Development Committee Act, 2013 (1956) shall, after the commencement of this Act, be valued and transferred to the Authority. Provided, however, that if such a project is to be transferred before its completion, the valuation of assets shall be done only after the completion of the project.

(2) When a project operated with loans obtained from foreign governments, foreign institutions or international institutions is transferred to the Authority pursuant to subsection (1), the transfer shall be made on the condition that the Authority shall pay the necessary amount to the Government of Nepal under terms specified by the Government of Nepal for the principal and interest payable by the Government of Nepal on such loans. Provided, however, that the Authority shall provide shares to the Government of Nepal for the amount of principal and interest paid by the Government of Nepal and expenses incurred on such project.

(3) When a project operated with assistance or grants obtained from foreign governments, foreign institutions or international institutions, or operated by the Government of Nepal at its own expense, is transferred to the Authority pursuant to subsection (1), the transfer shall be made on the condition that the Authority shall provide shares to the Government of Nepal for the assets of such project. 38. Repeal and Transfer of Assets and Liabilities: (1) The Nepal Electricity Corporation Act, 2019 (1962) is hereby repealed, and the Nepal Electricity Corporation formed under that Act is hereby dissolved.

(2) All movable and immovable assets and liabilities of the Nepal Electricity Corporation dissolved pursuant to subsection (1) shall devolve upon the Authority. 39. Jurisdiction for Cases: The Amended by the Some Nepal Acts Amendment Act, 2072 (2015). District Court shall have jurisdiction for the original trial and disposal of cases in which the Authority is a plaintiff or defendant. Added by the First Amendment. 39A.
Nepal Electricity Authority Act, 1984

39. Jurisdiction for Cases: The Amended by the Some Nepal Acts Amendment Act, 2072 (2015). District Court shall have jurisdiction for the original trial and disposal of cases in which the Authority is a plaintiff or defendant. Added by the First Amendment. 39A. Protection of Acts Done in Good Faith: The General Manager, Executive Director or other employee of the Authority shall not be personally liable for any act or proceeding done in good faith in the performance of their duties under this Act. 40. To be According to Other Prevailing Law: Matters provided for in this Act shall be according to this Act, and other matters shall be according to the prevailing law. Schedule

(Relating to Section 33)

Pledge of Honesty and Secrecy

I, , do pledge that, in my capacity as a director, member, auditor, officer or employee of the Authority, I will honestly and faithfully perform all duties connected with my office to the best of my ability and capacity. I further pledge that I will not disclose or cause to be disclosed any secret information relating to the Authority to any unauthorized person, nor allow any such person to inspect or receive any book or document under the control of the Authority and relating to the Authority.
Evidence Act, 1974

Evidence Act, 2031

Date of Royal Seal and Publication
2031.7.5

Amending Acts

1. Evidence (First Amendment) Act, 2034 2034.5.27

Date of Authentication and Publication

2. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7
3. Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074 2074.6.30
4. Evidence (Second Amendment) Act, 2077 2077.2.20
5. Some Acts Relating to Criminal Offences and Criminal Procedure Amendment Act, 2079 2079.6.31

Act No. 24 of the year 2031



An Act Made to Amend and Consolidate Laws Relating to Evidence

Preamble: Whereas it is desirable to amend and consolidate the Nepal laws relating to evidence and to reform it in accordance with the times,

Therefore, His Majesty King Birendra Bir Bikram Shah Dev, with the advice and consent of the Rastriya Panchayat, has enacted this Act. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Evidence Act, 2031".

(2) This Act shall apply to proceedings of cases in court.

(3) This Act shall come into force from the 1st day of Baisakh, 2032. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

Amended by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074.(a) "Court" means the Supreme Court, High Court or District Court, and that word also denotes any other court, judicial body or officer authorized by law to conduct proceedings and decide particular types of cases.

(b) "Expressed" or "stated" means expressed or stated orally or in writing or by gesture. Amended by the Second Amendment.(c) "Public document" means a document which is deemed to be a public document under the prevailing law, and that word also denotes the digital or electronic form of such document. Chapter-2

Facts Which May be Proved and Facts Which Need Not be Proved

3. Facts Which May be Proved: (1) A court shall only admit evidence of facts in issue and of facts relevant to such facts. Explanation: "Relevant fact" means a fact which assists in proving or disproving a fact in issue. 4. Facts Which Need Not be Proved: (1) Evidence need not be given of any of the following facts:

(a) Any fact which is admitted in writing by one party to the case at the instance of the other party,

Provided that, if the court considers it appropriate, it may also take evidence on such fact.

(b) Facts of which the court shall take judicial notice under section 5.

(2) A court need not take any evidence to presume any fact under sections 6 and 7. Provided that, before presuming any fact under section 7, the court may take necessary evidence. 5.
Evidence Act, 1974

Provided that, before presuming any fact under section 7, the court may take necessary evidence. 5. Facts of Which Court Shall Take Judicial Notice: Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.(1) A court shall take judicial notice of the following facts: -

(a) The territory of Nepal,

(b) The Constitution of Nepal and Nepal law,

(c) The national flag of Nepal,

Inserted by the Second Amendment.(c1) The national anthem of Nepal,

Inserted by the Second Amendment.(c2) The coat of arms of Nepal,

(d) The oath of the President,

(e) The date of authentication of a Bill,

(f) Notices published in the Nepal Gazette.

(2) A court may take judicial notice of facts of common knowledge which cannot be the subject of dispute. Provided that, if a party to the case requests the court to take judicial notice of a fact under this sub-section, the court may order that party to produce necessary evidence thereof, and until evidence is produced to the satisfaction of the court, the court may refuse to take judicial notice of that fact. Inserted by the Second Amendment.(2a) Except in the case of sub-section (2), a party shall not be required to produce evidence on matters of which the court takes judicial notice.

(3) For taking judicial notice under this section, the court may have recourse to necessary books or documents. 6. Facts Which Court Shall Presume: Unless the contrary is proved, -

(a) The court shall presume that any property standing in the name of any co-parcener among joint family members is joint family property.

(b) The court shall presume that all persons having possession or enjoyment of property of two or more persons have equal rights over it.

(c) The court shall presume that matters recorded in registers, records or documents required by law to be kept in any court or government office are correctly recorded. Amended by the Some Nepal Laws Amendment, Consolidation, Adjustment and Repeal Act, 2074.(d) Except where the contrary is proved, a child born in the following circumstances shall be presumed to be born of the married husband: -

(1) Born one hundred and eighty days after the date of marriage,
(2) Born within two hundred and seventy-two days from the date of the husband's death or the termination of the marital relationship.
Evidence Act, 1974

Inserted by the Second Amendment.(d1) The court shall presume that a child born through artificial insemination with the consent of the husband and wife is born of the married husband.

(e) The court shall presume that a document known to have been published, prepared or certified by any court, government office or officer, or by any person authorized under Nepal law, is published, prepared or certified by that court, office, officer or person. Inserted by the Second Amendment.(e1) In the case of a contract or document made through digital or electronic transaction, the court shall presume that the contract or document was made in due form. Inserted by the Second Amendment.(e2) In the case of a transaction made with a digital or electronic signature, the court shall presume that the signature was made in due form.

(f) The court shall presume that a law or judgment of a foreign state, which is known to be published by the government of that state or by an officer authorized by such government, and which is published in a printed book or periodical, is correctly published. Inserted by the Second Amendment.(ch) The court shall presume that evidence received from the government of a foreign state has been correctly received. Inserted by the Some Acts Relating to Criminal Offences and Criminal Procedure Amendment Act, 2079.(j) If a person throws, sprinkles, pours, or in any other manner uses acid or other inflammable substance on the body of another person causing physical harm, or causes another person to consume it, the court shall presume that the person did the act with the intention or knowledge of causing death or grievous hurt to that person. 7. Facts Which Court May Presume: Unless the contrary is proved, -

(a) If stolen property is found with a person, the court may presume that such person stole the property or knowingly purchased stolen property. Provided that, if such person shows a reasonable reason for the property being in his possession, or if considering the nature of that person's business or transaction it appears that the property could have come into his possession without his knowledge of it being stolen, the court shall not make such presumption.

(b) If a person, when ordered by the court to produce a document in his possession, fails to produce it, the court may presume that if the document were produced, it would be of a nature to prove against him.

(c) The court may presume any other fact which can be reasonably presumed considering the ordinary course of human conduct or business. Chapter 3

Facts Which May and May Not be Taken as Evidence

8.
Evidence Act, 1974

Facts Which May be Taken as Evidence: While taking evidence in a case under section 3, the facts which may be taken as evidence under this Chapter and other statements made by a witness before the court shall be taken as evidence Deleted by the Second Amendment.. 9. Statement Made by a Party: (1) Any statement made by any party to the case may be taken as evidence against him.

(2) Notwithstanding anything contained in sub-section (1):

(a) In a criminal case, any statement made by an accused regarding the accusation against him elsewhere than in court may be taken as evidence if the court determines as follows:

(1) At the time of making the statement, the accused was in a conscious state and capable of understanding what he was saying and doing.

(2) The statement was not made by compelling him, or by subjecting him or anyone else to torture or threat of torture, or by placing him in a situation against his will to make such statement.

(3) In connection with proceedings to be conducted by a public officer regarding that accusation, no such threat or promise of belief was given which might cause him to make the statement falsely, and he reasonably believed that such officer had the authority and power to implement that threat or promise.

(b) Matters referred to in clauses (a) to (d) of section 12 and any matter admissible under any other section of this Chapter, even if stated by the party himself, may, if he so desires, also be taken as evidence in his favor.

(c) Any statement by a party agreeing to abandon his claim wholly or partially, or to pay any sum of money or provide any service to any person, for the purpose of settlement, shall not be taken as evidence against him.

(3) For the purposes of this section, a statement made by the following persons in the following manner shall be deemed to be a statement made by the party: -

(a) Any statement made by an heir of the party, or by a person representing the party in the case under the prevailing Nepal law, in the capacity of such heir or representative,

(b) Any statement made by a person authorized to do any act on behalf of the party, in the course of such authority and regarding the subject matter of his authority,

(c) Any statement made by a person who had ownership or financial interest in any subject matter of the case prior to the party acquiring any right in such subject matter, while such ownership or financial interest existed, regarding that matter, or

(d) Any statement made by a person, while joint ownership or financial interest of the party and such other person existed in the subject matter of the case, regarding that matter.
Evidence Act, 1974

Inserted by the Second Amendment.9a. Accomplice's Implication (Appeal): If, in an offence committed by two or more persons, any of such persons, having confessed to the court, implicates (appeals) other accused, such implication (appeal) may be taken as evidence if corroborated by other evidence. 10. Statement Made on the Occasion (Res Gestae): (1) A statement made on the occasion, or immediately before or after, any act, event or state of affairs, by any of the following persons, may be taken as evidence: -

(a) A person who did that act, or directly saw or knew of that act, event or state of affairs, or

(b) A person who was a victim of that act, event or state of affairs.

(2) A statement made by a person while such physical or mental condition clearly existed, expressing that condition, may be taken as evidence. Amended by the Second Amendment.11. Dying Declaration: A statement made by a person while in a state of impending death, being conscious, regarding the cause of his death, before his death, may be taken as evidence. 12. Statements Made by Persons in Certain Circumstances Regarding Specific Matters: The following statements made by a person who is dead, missing, or incapable or not obliged to give evidence under this Act, or who cannot be produced in court due to the contrivance of the opposite party as proved by a party to the case, or who is in a state where summons cannot be issued by the court, or who, in the opinion of the court, is deemed unsuitable to be produced due to unnecessarily excessive expense or time, may be taken as evidence: -

(a) Any statement made contrary to his own right, interest or benefit,

(b) Any statement made in writing which could subject him to legal proceedings or criminal accusation,

(c) Any statement made in writing before the filing of the case regarding any public right or custom of which he had special knowledge, or

(d) Any statement made before the filing of the case regarding any matter of relationship of which he had special knowledge. 13. Matters Recorded in Public Documents etc.: (1) Matters recorded in any public document by a public servant in the course of performing the duties of his office, and by any person in the course of performing his duty prescribed by law, may be taken as evidence.

(2) Matters stated in maps, charts or statistical documents published by the Government of Nepal, or by a person authorized by the Government of Nepal, or by a public institution, and which are publicly available for sale, may be taken as evidence. Inserted by the Second Amendment.13a.
Evidence Act, 1974

Inserted by the Second Amendment.13a. Details Recorded Through Audio-Visual Medium (Video Conference): (1) Matters recorded in an electronic record through an audio-visual medium may be taken as evidence.

(2) For the purposes of sub-section (1), the court may keep a record of matters recorded through an audio-visual medium in the same form or by transcribing them. 14. Matters Recorded in Regularly Maintained Accounts, Ledgers, Books or Other Registers: Any matter regularly entered or recorded in an account, ledger, Amended by the Second Amendment.book, records maintained through digital or electronic medium, or other register, kept regularly in the course of any work, proceedings or business, or any letter, receipt, invoice or other document written in connection with such work, transaction or business, may be taken as evidence. 15. Matters Written in Books or Articles: (1) Matters relating to the law or judgment of a foreign state recorded in a book published by the government of that state, or by a person or institution authorized by such government, regarding such law or judgment, may be taken as evidence.

(2) Matters recorded in a published book or article written by a person reputed to be learned in that subject may be taken as evidence. 16. Statistics, Lists, Statements etc. of Specific Types: Matters recorded in data, lists, schedules, statements or articles regularly published for the use of persons engaged in a particular profession may be taken as evidence. 17. Statements Made by a Witness in Other Cases: Statements made by a witness before a court in a case may be taken as evidence in another case only in the following circumstances:

(a) If the witness is dead, missing, or has become disqualified to give evidence under this Act, or

(b) If the witness has become entitled to privilege under this Act such that he is not bound to give evidence on that matter, or

(c) If the party to the case proves that the witness cannot be produced in court due to the contrivance of the opposite party, or

(d) If the witness is in a state where summons cannot be served on him, or

(e) If, in the opinion of the court, producing the witness would involve unnecessary delay or expense and is unsuitable. 18. Amended by the Second Amendment.Documents Prepared in the Course of Investigation or Inquiry: Any matter recorded in a document prepared in accordance with the prevailing Nepal law in the course of Amended by the Second Amendment.investigation or inquiry regarding any act, event or state of affairs, may be taken as evidence if the person who stated that matter appears before the court as a witness and gives testimony.
Evidence Act, 1974

Amended by the First Amendment.Provided that,

(a) Amended by the First Amendment.If there is no dispute between the parties to the case regarding any matter recorded by the relevant expert in an autopsy report, or if that matter does not appear to be inconsistent with any evidence or any circumstance on record, such matter may be taken as evidence even if the expert does not appear in court. Amended by the Second Amendment.(b) Even if the relevant person has not appeared before the court and given testimony, documents, papers, site reports (muchulka), physical evidence, examination reports of any subject, expert opinions or reports, electronic evidence or statements etc. collected by an authorized officer for the purpose of remand (thunchhek) according to law may be taken as evidence as immediately available evidence (tatkal prapat praman). 19. Certificate or Authenticated Copy: A certificate or authenticated copy given in accordance with the prevailing Nepal law by a person legally bound to give such certificate or authenticated copy may be taken as evidence. 20. Report: A note or report written in the course of performing his duty by a person legally bound to prepare and Amended by the First Amendment.submit a note or report regarding any act, event or state of affairs to a particular place or office in accordance with the prevailing Nepal law may be taken as evidence. Provided that such note or report has been duly Amended by the First Amendment.submitted and registered at the relevant place or office. Amended by the Second Amendment.21. Other Admissible Documents: In addition to the documents mentioned in sections 9 to 20, any other document, if any, may be taken as evidence. Amended by the Second Amendment.22. Physical Evidence (Dashi Praman): (1) Any mark, seal, sign, stain found at the scene of the incident in the course of investigation, or other thing revealing the identity of the victim or accused, may be taken as evidence.

(2) Any object related to the case, identified by a witness appearing in court, may be taken as evidence in the form of physical evidence (dashi). 23. Personal Opinion: (1) If the court needs to determine a matter regarding foreign law, science, art, handwriting or fingerprints Amended by the Second Amendment., the opinion of an expert on that subject may be taken as evidence.
Evidence Act, 1974

23. Personal Opinion: (1) If the court needs to determine a matter regarding foreign law, science, art, handwriting or fingerprints Amended by the Second Amendment., the opinion of an expert on that subject may be taken as evidence. Explanation: For the purposes of this section, "expert" means a person who has acquired special knowledge on a subject through special study, training or experience.

(2) If the court needs to determine a matter regarding a person's handwriting Amended by the Second Amendment., the opinion of a person who has had the opportunity to see that person's handwriting and is familiar with it may be taken as evidence.

(3) If the court needs to determine a matter regarding any religious, caste or public right or custom, the opinion of a person who is in a position to have special knowledge of such right or custom may be taken as evidence.

(4) If the court needs to determine whether a person has a relationship with another person, the opinion of a person who is in a position to have special knowledge of such relationship may be taken as evidence.

(5) If the court needs to determine the meaning of a particular word or words used in a particular place, the opinion of a person who is in a position to have special knowledge thereof may be taken as evidence.

(6) If an opinion of a person is taken as evidence under this section, matters supporting or rebutting such opinion and the basis of such opinion may also be taken as evidence.

(7) An opinion expressed by a person may be taken as evidence under this section only if that person himself appears in court as a witness. Provided that, for the opinion expressed by an expert on any subject in a book or article, or the basis of such opinion, to be taken as evidence, it shall not be mandatory for the author of that book or article to appear in court. 24. Facts Which Cannot be Admitted as Evidence: (1) Evidence of good or bad character of parties in a case shall not be taken as evidence.
Evidence Act, 1974

24. Facts Which Cannot be Admitted as Evidence: (1) Evidence of good or bad character of parties in a case shall not be taken as evidence. Provided that, if the character of a party is itself a fact in issue, evidence relating to his character may be taken as evidence.

(2) If a person is prohibited from disclosing any matter under section 41, 43 or 45, even if such person discloses such matter, it shall not be taken as evidence.

(3) If a document which a court has ordered a party to produce is not produced by that party, such document shall not be admissible in evidence in that case without the consent of the other party or the court.

(4) Besides the matters specifically mentioned in this section, any other matter which is not admissible under this Act or other prevailing law shall not be taken as evidence. Chapter-4

Burden of Proof

25. Burden of Proving Guilt: In a criminal case, the burden of proving the guilt of the accused Deleted by the Second Amendment. shall be on the plaintiff. 26. Burden of Proving Claim: In a civil case, the burden of proving his claim Inserted by the Second Amendment. or defense shall be on the plaintiff. 27. Burden on Defendant to Provide Evidence: (1) If a defendant claims any matter resulting in mitigation or exemption from punishment, or release from punishment, under the prevailing Nepal law, the burden of proving that matter shall be on him.

(2) The burden of proving that anything required to be given or delivered to the plaintiff under the prevailing Nepal law has been given or delivered in accordance with that law shall be on the defendant. 28. Burden of Proving a Particular Fact: Except where any Nepal law provides that the burden of proving a particular fact lies on a particular person, the burden of proving that fact shall lie on the person who desires the court to believe in its existence. 29. Burden of Proving Evidence to Rebut a Presumption of Court: If any party wishes to rebut any fact presumed by the court under this Act, the burden of proving that rebuttal shall be on that party. 30. Burden of Proving Fact within Special Knowledge: Any fact which is within the special knowledge of a party shall be proved by that party. 31. Burden of Proving a Fact when Another Fact Must be Proved First: If, for a fact to be admitted in evidence, another fact must first be proved, the burden of proving that other fact shall be on the party who desires to adduce evidence of the first fact. 32.
Evidence Act, 1974

31. Burden of Proving a Fact when Another Fact Must be Proved First: If, for a fact to be admitted in evidence, another fact must first be proved, the burden of proving that other fact shall be on the party who desires to adduce evidence of the first fact. 32. Burden of Proving that a Person is Alive: If the question arises whether a person is alive or dead, after the expiry of the period during which his death can be presumed under the law Amended by the Second Amendment., if it is proved that no information has been received about him, the party asserting that he is alive shall prove that fact. 33. Burden of Proving Ownership of Property in Possession or Enjoyment: If the question arises whether a person has ownership of property in his possession, enjoyment or use, the party asserting that the person does not have ownership of that property shall prove that fact. Chapter-5

Estoppel

34. Estoppel: (1) If a person has, by writing, speech or conduct, caused another person to believe a fact to be true, or allowed him to believe it, and has thereby caused or allowed that other person to do or forbear from doing any act, such person shall not be allowed to deny or refute that fact in any case between him and that other person. Provided that this section shall not apply to a point of law.

(2) The matters mentioned in sub-section (1) shall also apply to persons acquiring any right in the subject matter of the case from the persons mentioned in that sub-section. Chapter-6

Proof of Documents

35. Proof of Documents: (1) A document or a matter recorded in a document must be proved by producing the document itself. Inserted by the Second Amendment.