Muluki Criminal Procedure Code, 2017

Provided that, if the court deems necessary, the arrest warrant may also be issued in the name of an employee of the court itself.

(4) An arrest warrant issued under this section shall remain in force until it is served or cancelled by the court.

(5) A person against whom an arrest warrant has been issued may be arrested in accordance with such warrant, and when arresting any person accordingly, the arrest warrant shall be shown to him/her and the notice sent under sub-section (7) of section 57 shall also be given to him/her.

(6) A person arrested under an arrest warrant shall be produced before the concerned court as soon as possible, not exceeding twenty-four hours excluding travel time.

(7) If the person to be arrested is not found within seven days from the date the police received the arrest warrant, the concerned police office shall continue searching for him/her and thereafter go to the house address where such person resides and, in the format according to Schedule-25, deliver a thirty-five-day arrest warrant issued in his/her name to an adult member of his/her household, and keep the receipt thereof in the case file.

(8) If the person under sub-section (7) refuses to receive such warrant or is not found, the warrant shall be affixed on the door of his/her house in the presence of a member of the concerned ward committee of the local level, if available, and if he/she is also not available, at least two amended by the Nepal Acts Amending Relating to the Civil Code, 2075.local persons as witnesses, and one copy of the warrant shall be brought and submitted to the court.

(9) One copy of the warrant affixed on the house of the concerned person under sub-section (8) shall also be submitted to the concerned ward office of the local level, and the receipt thereof shall be kept in the case file.

(10) Upon receipt of such warrant under sub-section (9), the concerned ward office of the local level shall inform the concerned person thereof and also affix it on its notice board.

(11) Notwithstanding anything contained elsewhere in this section, if the person against whom an arrest warrant has been issued appears voluntarily in court before being arrested, the matter of whether he/she should be arrested and detained shall be heard according to law, and the previously issued arrest warrant in his/her name shall be cancelled and the concerned officer shall be informed accordingly.

(12) If the court becomes aware, through a petition by a party or any other means, that the person against whom an arrest warrant has been issued has gone to reside in another district other than his/her address, the court may also send the arrest warrant to the district where he/she resides.

(13) If an accused fails to appear within the period of the arrest warrant issued under this Chapter and remains absconding, or if the exact residence of the accused cannot be ascertained, or if the place where the accused resides is not located, the court may, by giving a description of such accused, publish a notice in a national daily newspaper owned by amended by the Nepal Acts Amending Relating to the Civil Code, 2075.the Government of Nepal and may affix it on the notice board of the concerned court.

(14) After the notice is published under sub-section (13), the accused shall be deemed to have been duly notified, and any police office or employee may arrest and produce him/her at any time.

(15) Amended by the Nepal Acts Amending Relating to the Civil Code, 2075.After the notice is published under sub-section (13), the court may, at any time, order the attachment of the property of the person to be arrested under the arrest warrant.

(16) Where an order for attachment of property is made under sub-section (15), information thereof shall be given to the concerned land revenue office or other body or institution, and a notice thereof shall be affixed on the notice board of the court.

(17) Upon receiving a written order from the court to attach property under sub-section (16), the concerned land revenue office or body or institution shall immediately attach such property and give information thereof to the court that ordered the attachment.

(18) Where an order for attachment of property is made by the court under sub-section (15), notwithstanding anything contained in any other law, such property shall be deemed to have been attached from the date of such order.

(19) After the person to be arrested under this Chapter appears in court, regardless of the stage the case proceedings have reached, the court shall order the concerned land revenue office or other body or institution to immediately release the property of such person attached under this section.