Muluki Criminal Procedure Code, 2017

33. Charge sheet may be filed with a claim for reduction of punishment: (1) Notwithstanding anything contained elsewhere in this Chapter, if the accused of any offence has assisted the investigating officer in the investigation of such offence, the investigating officer may recommend to the government attorney for a concession in the punishment leviable to such accused under the law.

(2) If a recommendation is made under sub-section (1) Amended by the Act Amending Some Nepal Acts relating to the Muluki Criminal Code, 2075.or if it appears from the investigation report or documents in the case file that the accused has assisted in the investigation, the government attorney may, considering such recommendation or assistance, file a charge sheet with a conditional claim proposing a concession in the punishment for such accused.

(3) While filing a charge sheet under sub-section (2), the government attorney may file the charge sheet proposing a concession in punishment as follows:-
(a) If the accused fully admits the offence committed by him before the investigating officer or government attorney and confesses, a concession of up to twenty-five percent in the punishment leviable to him,
(b) If the accused, having confessed to the offence in which he is involved, assists in revealing the other offenders or gang involved in that offence, or the main person directing the commission of the offence, or detailed facts about the offence, or in arresting the persons involved in the offence, or if it is an organized or group offence, in revealing other persons involved in that offence or the place of criminal conspiracy for such offence, or in seizing or confiscating the vehicle, instrument, equipment or other objects or weapons used in committing the offence, a concession of up to fifty percent in the punishment leviable to him.

(4) For the purpose of claiming a concession in punishment under sub-section (2), it must be clearly apparent from the case file and attached documents that the accused has rendered such assistance.

(5) Notwithstanding anything contained elsewhere in this section, a claim for concession in punishment cannot be made in relation to the following offences or circumstances:-
(a) A person who has already availed the facility under this section once,
(b) A person who, having been sentenced to imprisonment, has not completed three years of such imprisonment,
(c) A person who has been punished once before for the same type of offence for which he is being charged.

(6) Once a charge sheet has been filed with a claim for concession in punishment under sub-section (2), if the accused makes a statement in court different from the one made before the investigating officer or government attorney, or gives adverse evidence, or denies his guilt, or does not cooperate in the judicial proceedings, he shall not be entitled to the facility under this section.

(7) In the situation under sub-section (6), the government attorney shall file an application in court to cancel the proposed concession in punishment under sub-section (1) or (2) and seek additional punishment, and such application shall be an integral part of the same charge sheet.