Muluki Criminal Procedure Code, 2017

63. Service of arrest warrant: (1) When sending an arrest warrant for service, three copies of the arrest warrant shall be sent, and the person in whose name it is issued shall, as far as possible, be amended by the Nepal Acts Amending Relating to the Civil Code, 2075.delivered the warrant and arrested and brought.

(2) The arrest warrant issued under sub-section (1) shall be accepted by the person in whose name it is issued.

(3) When going to deliver the arrest warrant under sub-section (1), if the concerned person is not found, it may be delivered to any adult member of his/her household who has attained at least eighteen years of age.

(4) If the concerned person or a household member under sub-section (3) is not found, or if found but the person or the household member also refuses to accept it, then, if a member of the concerned ward committee of the local level is available, in his/her presence, and if he/she is also not available, in the presence of at least two local persons as witnesses, the server shall affix one copy on the door of his/her house after obtaining signatures of himself/herself and such persons, and shall deposit one copy at the concerned ward office of the local level, and submit one copy of the served arrest warrant to the court.

(5) The notice under the arrest warrant received under sub-section (4) shall be affixed on the notice board of the concerned amended by the Nepal Acts Amending Relating to the Civil Code, 2075.ward office of the local level.

(6) If at least two persons residing at the place specified in the arrest warrant issued under this Chapter and at least one member of the concerned ward committee of the local level certify that the person to be arrested under the warrant does not reside at the specified address, then, if the place where he/she resides can be ascertained, it shall be stated; if not, the arrest warrant shall be returned to the court stating that fact.

(7) Where an arrest warrant is returned under sub-section (6), the court shall, after providing an opportunity to the plaintiff party to clarify the address if not known, issue another arrest warrant as necessary.

(8) When serving an arrest warrant under this section, the serving employee shall submit a report to the court stating the date and details of service.

(9) If any court needs to serve an arrest warrant on a person residing in an area outside its jurisdiction, it shall send the arrest warrant to the court of that area for service through that court, and such court shall also serve the arrest warrant under this Chapter and send back one copy thereof to the court that issued the arrest warrant.

(10) If the employee submitting the report under sub-section (8), while following the procedure under this section, reports that the arrest warrant could not be served due to a reason, then, notwithstanding anything contained elsewhere in this section, the arrest warrant issued in the name of the concerned person may be served by publishing it in a national daily newspaper owned by the Government of Nepal, and such service shall be deemed to be due service.

(11) When serving an arrest warrant, the notice sent to the accused under sub-section (7) of section 57 shall also be delivered along with the arrest warrant or, as appropriate, affixed on the door of his/her house.