chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Criminal Procedure Code

Consequences of withdrawal or compromise of cases: (1) If the (3) After the parties appear pursuant to sub-section (2), the mediator shall conduct mediation proceedings, and prepare a deed of compromise and submit it to the court if the parties consent to enter into compromise. (4) Upon receipt of a deed of compromise referred to in sub-section (3), the court shall authenticate such deed. (5) If compromise is executed pursuant to sub-section (4), the court may, in pursuance of the deed of compromise executed by the parties, exempt the penalty, fine or fee imposed by the lower court in relation to such case. Chapter-13 Provisions Relating to Proceedings, Hearing of, and Judgments in, Cases 121. Charge to be read out to the accused: (1) When the accused appears before the court, the particulars of the offence of which he or so wishes. wishes to consult a law practitioner prior to taking of his or her deposition, he or she shall be provided with an opportunity to make such consultation. (3) Before recording the deposition pursuant to sub-section (1), the court shall inform the accused that he or she shall not be compelled to testify against himself or herself and reminded of the matter that such testimony if made by him or her may be admissible in evidence against him or her. to him or her. deposition of the omitted matter from him or her. (8) Notwithstanding anything contained elsewhere in this Section, in relation to a case related to any offence under Schedule-4, a statement of defense shall be submitted in the form referred to in Schedule-42, within the time-limit set forth in the process issued by the court. 123. Judgment to be made immediately if the accused pleads guilty of offence: (1) If any accused, pleading guilty of the offence which he or she is charged with, makes a statement of confession before the such statement, make judgment immediately. the case, by executing a memorandum of order, accompanied by the reasons therefor, which he or she is charged with makes a plea for a reduction in the sentence, the court shall, stating all matters pertaining thereto, take his or her deposition and examine evidence thereon. (2) If, in deposing before the court, any accused makes a plea that is different from the plea he or she has made before the investigating authority and the plaintiff makes submission for permission to re-conduct investigation into the evidence or plea produced or made by him or her and submit further proof or evidence to the court, the court may give permission to produce such additional proof or evidence. (3) If an order is made pursuant to sub-section (2), the court produced. case. may also appear. (3) In the discussion referred to in sub-section (1), the plaintiff and the defendant may present claim and defense and evidence relevant thereto, respectively. Criminal Procedure Code
Criminal Procedure Code

(4) The court may ascertain the matter to be adjudged in the case from the claim, defense and evidence submitted by the plaintiff and the defendant pursuant to sub-section (3). 125. Appointment of date for appearance for examination of evidence: (1) The court shall, in any of the following circumstances, the examination of evidence pursuant to clause (a) or (b) of the proviso to sub-section (1) of Section 123, (e) Such other circumstance as may be held appropriate by the court. (2) While appointing the date for appearance for the examination of evidence pursuant to sub-section (1), the court shall estimate the time required for the witnesses to appear and the documentary evidence and thing to be produced, and so appoint such date that evidence is collected as soon as possible. (3) If the plaintiff of a case makes a request for time for the submission of further evidence or proof pursuant to sub-section (2) of Section 123, the court shall, in appointing the date for appearance pursuant to sub-section (1), generally appoint the date for appearance for the examination of evidence so that evidence is examined not later than two months after the filing of case. possible. appointed for appearance for that purpose. (2) Upon receipt of an order pursuant to sub-section (1), the concerned office shall produce before the court such party or witness accompanied by the security personnel. (3) Notwithstanding anything contained in sub-section (2), if there is a reasonable reason for not being able to produce such party or witness before the court because of security or physical disability, such office may, with the consent of the court, arrange for the examination of him or her through video conference. being of unsound mind, is incapable of making his or her defense, the court may also order causing such person to be examined and treated by a licensed doctor. (2) If, upon the examination made pursuant to sub-section (1), it appears that the accused is incapable of making his or her defense because of unsound mind, the court shall adjourn the case in the case of such person, by executing a memorandum of order to that effect. care of such accused placed in detention for trial. (7) If the case of the accused of unsound mind is adjourned pursuant to sub-section (2), the court shall, whenever the accused becomes of sound mind, revive the adjournment, cause the appearance of the accused before the court and proceed with the trial of the case. Provided that prior to so reviving the adjournment, the court shall cause the accused to be examined again by a licensed medical doctor, and that he or she has become of sound mind shall be certified by such doctor. the concerned parties to that case, concerned law practitioners, employees of the court and such other persons as the court considers necessary. 130. Criminal Procedure Code
Criminal Procedure Code

Law practitioner may be appointed by the accused for his or her defense: (1) Any person accused of any offence may appoint a law practitioner of his or her choice for his or her defense, rebutting the charge made against him or her, and pleading the case. (2) If an accused who is charged with the offence following matters: (a) Short description of the case and other necessary matters relevant thereto, (b) Main points of pleading, if any, made by the law practitioner in the case, (c) Evidence produced by the parties to the case, credibility or refutability of such evidence, the basis thereof, sufficiency or insufficiency of such evidence, by the government attorney in a state case in which the Government of Nepal is plaintiff. (6) If a decision is read out pursuant to sub-section (5), the judge shall write down the judgment and keep it in the case-file within one month. Explanation : For the purposes of this sub-section, the term "decision read out" means the decision read out upon sentencing. limit. notice of judgment in the form referred to in Schedule-44 to the accused or defendant who has not been involved in the proceedings of the case from the beginning, the accused held in detention or imprisonment or the accused of a case heard ex parte. (2) The notice referred to in sub-section (1) shall be served as if it were a summons, and if such notice cannot be served, it shall be published in any national daily newspaper owned by the Government of Nepal. (3) The concerned party shall bear the expenses to be relation to any case under Schedule-4. referred to in sub-section (2), the successor to such complainant appears to accept and continue the case within thirty days of his or her death, the court may decide as to whether or not compensation should be awarded by examining the evidence contained in the case file and any other evidence required to be examined. (4) In the event of the death of a party making appeal, or petition for review or revision or of a person who was originally convicted of the offence in such case, the case subject to such appeal, review or revision petition shall abate. Provided that: Chapter-14 Provisions Relating to Appeal and Reference for Sanction 134. Appeal to lie: (1) A party who is not satisfied with a judgment or final order made by a court may make an appeal within thirty days from the date of knowledge of the judgment. days. judgment after the expiry of a period of one year from the date of judgment. 135. Criminal Procedure Code
Criminal Procedure Code

Filing of appeal through judgment making court or prison where one is imprisoned : (1) Notwithstanding anything contained in sub section (2) of Section 134, any person wishing to make appeal pursuant to sub-section (1) of that Section may make appeal through the judgment making court or also through the prison where the person convicted of the offence pursuant to such judgment is imprisoned. (2) If an appeal is filed pursuant to sub-section (1), such appellant. of the appellant. (3) Every memorandum of appeal to be made pursuant to sub-section (1) shall be accompanied by the following documents: (a) A copy of the judgment intended to be appealed against, (b) If any sentence is imposed on the appellant by the judgment, evidence showing that he or she has served or paid such sentence or has been for the same. appeal: sentenced to imprisonment for a term exceeding three years, (d) A person who, having been remanded in detention for trial, is convicted of the offence and sentenced to imprisonment, (e) A person who is sentenced to imprisonment and has not permanent residence in Nepal. (2) Notwithstanding anything contained in sub-section (1), if a person who is above seventy-five years of age or a person who is recommended by the medical board formed by the Government of Nepal that he or she, owing to suffering from an incurable or highly severe disease, cannot stay in detention or an offender who has not been held in detention by an order of the court that he or she is not required to be remanded in detention but is sentenced to imprisonment for a term not exceeding ten years makes a petition, case-file. (6) If decision cannot be made on the appeal made by a person who is imprisoned for being unable to furnish a bail/bond or guarantee pursuant to sub-section (2) or (4) within six months from the date of filing of such appeal, the concerned appeal hearing court shall try the case by releasing that person from imprisonment after the said period and holding him or her on recognizance. (7) In the event of failure to make judgment within the period referred to in sub-section (6), such court shall give information thereof, accompanied by the reason therefor, to the court hearing appeal. Section: (10) In taking a bail/bond or guarantee pursuant to this Section, the court may, having regard to the need and propriety, require and take the bail/bond or guarantee also for such claimed amount of a governmental or public body as is held recoverable by the judgment. (11) If the bail/bond or guarantee of any property belonging to any person other than the appellant has been furnished, such property shall not be maintained as a bail/bond or guarantee for the purposes of this Section without the consent of that person. 138. Calling for case file: (1) Except in cases where the case-file is doing so. Criminal Procedure Code
Criminal Procedure Code

(3) If, except for the dismissal of the appeal plea pursuant to sub-section (2), it appears that the pleas of the appeal should be heard, the appeal hearing court shall, setting out the reasons for the same, appoint the date for appearance for the hearing of the appeal and give a notice to the respondent to rebut the pleas of appeal. (4) In giving a notice referred to in sub-section (3), a notice of fifteen days shall be given, also accompanied by a copy of the memorandum of appeal. for being unable to appear within the time-limit of the notice given pursuant to sub-section (3) of Section 140, and such reason seems to be reasonable, the court shall order the extension of the time-limit, showing such reason, and also order the respondent to appear on the date appointed pursuant to sub-section (1), and hear and decide the appeal. 142. Not required to be on recognizance: (1) If an appellant or respondent does not wish to remain on recognizance in the course of the appeal proceedings, he or she may make a petition to that effect to the court. served in accordance with Chapter-6 as if it were a summons. 144. Powers of appeal hearing court: (1) In hearing the appeal pursuant to this Chapter, the appeal hearing court shall have the following powers: (a) To approve, void or reverse or partially reverse the judgment of the lower court, (b) To reduce or enhance the extent of the sentence commuted by the lower court to the offender, or to alter the sentence, Section, the appeal hearing court may, as required, exercise such powers as may be exercised by the lower court. 145. Reference for sanction: (1) If any court passes judgment commuting a sentence of imprisonment for a term of twenty years or more or imprisonment for life to any person, it shall refer such judgment for sanction, accompanied by the case-file, to the appeal hearing court within thirty-five days from the date of passage of such judgment. (2) If a reference for sanction is made pursuant to sub 148. Procedures for making reference for sanction: (1) In referring a judgment for sanction in any case pursuant to Section 145, the court shall forward the case-file of that case along with the reference. (2) If the accused is held in detention in the case in which reference judgment is made pursuant to sub-section (1), reference shall also specify the date on which the accused was held in detention and the name of the prison where he or she is being kept, and details of the accused if he or she has absconded or escaped from the detention. Chapter-15 Provisions Relating to Execution of Judgments 151. To establish record of sentence: (1) If the court passes any judgment in any case, the concerned court shall establish a record of the sentence, fine or the established claimed amount or compensation pursuant to such judgment. Criminal Procedure Code
Criminal Procedure Code

(5) If the same offender is liable to more than one sentence and there is a doubt as to which sentence is the higher, the prison office shall write to the concerned district court and do as sanctioned by the district court. 152. Bodies for judgment execution: (1) The District Court where the charge sheet or plaint has been filed shall execute the judgment on a case irrespective of the tier of court making such judgment. (2) The concerned District Court shall also execute a judgment on a case proceeded and adjudicated originally by the appeal hearing court. (a) If an appeal is made in a case which is appealable pursuant to law, until the case is finally adjudicated on appeal, or if no such appeal is made, until the time-limit allowed for preferring appeal is expired, (b) If the case is one requiring reference for sanction pursuant to law, until the reference made for sanction is decided. (2) When an appeal is made pursuant to clause (a) of sub section (1), the appellant shall submit a petition stating that matter to the concerned court. (3) Notwithstanding anything contained in sub-section (1), if a judgment is made holding any offender liable to a sentence of imprisonment, except as otherwise provided in this Act. of Nepal. offence punishable by a sentence of imprisonment for a term of one year or less, gravity of the offence, manner of commission of the offence and his or her conduct, as well, the court does not consider it appropriate to confine the offender in prison and is of the view that there will be no threat to the public peace, law and order if he or she is released, and the court, for the reasons to be recorded, considers it appropriate to dispense with the requirement of undergoing imprisonment upon payment of a fine in lieu of imprisonment, the court may order that the offender be not liable to undergo imprisonment. good conduct. imprisonment. (5) Notwithstanding anything contained elsewhere in this Section, if any foreign national who has been convicted of any offence punishable by a sentence of imprisonment for a term of one year or less and is in detention or imprisonment makes a petition for dispensing with the requirement of undergoing imprisonment upon payment of a fine in lieu of the imprisonment, and if the offence is not any offence set forth in sub-section (4) of Section 159, and the court considers appropriate to release that offender from imprisonment upon payment of a fine in lieu of the imprisonment, the court may order that the offender will not be liable to undergo amount to be set by five hundred rupees a day. time, revoke the order under this Section if he or she upholds conduct or commits offence, contrary to sub-sections (2) and (4). (10) If an order is revoked pursuant to sub-section (9), such offender shall serve the whole sentence commuted to him or her, by undergoing imprisonment. 156. Criminal Procedure Code
Criminal Procedure Code

Property to be attached: (1) If the property belonging to a person against whom a warrant for arrest has been issued pursuant to sub such excess property, and if such order is made, such office or body shall release such property. (5) If an offender is liable to pay the claimed amount, compensation or other amount pursuant to a judgment of the court, such amount shall, in accordance with this Chapter, be recovered from the property attached pursuant to sub-section (1), and only the remaining property shall be attached. 157. Property may be auctioned: (1) If any offender cannot be arrested even until six months from the date of issue of warrant for arresting execution of such attachment and auction, if such property has been auctioned. 158. Remission of sentence in the event of death of the person sentenced: (1) In the event of the death of a person who is convicted by the court of an offence and sentenced therefor, the whole sentence of imprisonment or fine remaining to be executed until the time of his or her death shall _ipso facto_ be remitted. (2) Notwithstanding anything contained in sub-section (1), if a person liable to pay any governmental or personal claimed amount, compensation or other amount dies before making such forwarded by the President to the Ministry of Home Affairs for necessary action, the Ministry shall, having regard to the following matters, make a submission to the Government of Nepal to decide whether or not to pardon, suspend, alter or reduce the sentence imposed on the petitioner: (a) Nature of the offence, and the circumstances under which the offence was committed, (b) Age and physical condition of the offender, offender, (b) Torture, (c) Rape, (d) Murder in a cruel and inhumane way or by taking control, (e) Genocide, (f) Explosives, (g) Kidnapping, hostage-taking or enforced disappearance, (h) Human trafficking and transportation, (i) Money laundering, and (j) Narcotic drugs trafficking or transaction punishable three years. section (3). (8) If the sentence imposed on any offender is pardoned, suspended, altered or reduced by the President pursuant to the recommendation made by the Government of Nepal under sub section (7), the Government of Nepal shall give a notice thereof to the concerned court. (9) After receiving the notice referred to in sub-section (8), the concerned court shall accordingly void or update the records thereof. Criminal Procedure Code
Criminal Procedure Code

(10) The judgment of the concerned court shall not be voided by the reason of pardon, alteration or reduction of the sentence therefor: (c) If the sentence of imprisonment or punishment is remitted due to the death of the offender as mentioned in Section 158, (d) If the sentence of imprisonment has been served by the offender in a reform home or community center or by doing community service in accordance with the law in force, (e) If the sentence imposed on the offender is pardoned in whole pursuant to Section 159, (f) If the offender pays the full amount for the fine or claimed amount or compensation pursuant to this Chapter, or imprisonment for life, imprisonment for a term exceeding ten years, (c) Thirty years in the case of the sentence of imprisonment for a term of five to ten years, (d) Twenty years in the case of the sentence of imprisonment for a term of one to five years, (e) Twelve years in the case of the sentence of imprisonment for a term not exceeding one year. (3) If a person whose record is voided pursuant to sub section (2) is found after the expiry of the said period, the court shall execute the judgment in accordance with this Chapter as if the record were not voided in the case of him or her. (4) In voiding the record pursuant to sub-section (2), the but to a fine only has remained in detention or custody in the course of investigation, the total amount to be set by three hundred rupees a day of the period of his or her detention or custody shall be set off against the amount of fine payable by him or her. 162. Execution of sentence of fine: (1) Every person who is required to pay a fine in accordance with the records established pursuant to Section 151 shall pay the fine immediately. (2) Notwithstanding anything contained in sub-section (1), if such person is not able to immediately pay the amount of fine but offender who fails to pay the amount of fine pays some amount of fine or if the offender has remained in custody or detention in the course of the proceedings of the case and there is a situation that the period of such custody or detention undergone by him or her is to be set off against the period of imprisonment, the period of imprisonment in the default of payment of the amount of fine shall be set by setting off the said period of imprisonment undergone, and the offender shall be imprisoned only for the remaining period in proportion to the period so set and the total amount of the fine. 163. Provisions relating to government claimed amount or other sub-section (2), by receiving such movable property from the body holding it, and in the case of an immovable property so attached, by auctioning such immovable property. Criminal Procedure Code