chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Criminal Procedure Code

(4) If the office or authority referred to in sub-section (7) of Section 4 refuses to register any information referred to in that sub section, the person giving such information may make a complaint setting out the matter, accompanied by the information of offence, to the Chief District Officer of the concerned district. Provided that where the Chief District Officer himself or herself is designated as the investigating authority and refuses to register such information, such complaint may be made to the Ministry of Home Affairs. (5) Upon receipt of any complaint referred to in sub-section of the direction. (2) If there is a likelihood of the concealment or destruction of any evidence related to the offence or the escaping or going away of the offender where immediate action is not taken pursuant to sub section (1), such police office or employee may take necessary action in that behalf, even by entering the area of another police office, as per necessity. (3) In the event of a need for taking any action by entering the area of another police office pursuant to sub-section (2), such police office or employee shall give information thereof to the assistance is so asked for. (6) If a police employee sees a person committing an offence in his or her presence or at a time when the police employee is there in search of clues upon receipt of a notice, information or clue that such offence has been committed or is being committed or is likely to be committed, the police employee shall immediately arrest the person committing such offence. (7) The police employee shall take possession of exhibits and other proofs, evidence or things related to the offence, if any, presence of the eye witnesses, if any, present on the spot. (7). initiative, that such offence has been committed or is being committed or is likely to be committed in the area of another police office, such police office shall, as soon as possible, send such information to the concerned police office, and inform the informant to appear in the concerned police office, as required. (2) Notwithstanding anything contained in sub-section (1), if there is a possibility that the offender may escape and any exhibits or evidence related to the offence may disappear due to the non investigation into such offence. Provided that a police employee whose rank is at least police inspector shall be designated to investigate into any of the following offences: (a) Offences set forth in Chapter-1, Chapter-12, Chapter 17, Section 219 of Chapter-18, Sections 230, 231, 232, sub-section (4) of Section 233, Section 235, sub-section (4) of Section 238 of Chapter-19, Section 244 of Chapter-20, Sections 256, 257 and 258 of Chapter 22, of Part-2 of the Penal Code, the offence or offender, (d) The exhibits or evidence found or seen at or around the place where the offence was committed, and any other significant matters related to the offence. Criminal Procedure Code
Criminal Procedure Code

(3) After preparing a deed on the scene of offence pursuant to sub-section (2), the investigating authority may, as far as practicable, take a photograph of such place and of any finger print or foot print, mark or other exhibits seen or found at such place or any other important matter that may be helpful in establishing the guilt. (4) In preparing a deed on the scene of crime pursuant to taken. found. (9) In conducting investigation into any offence committed on the same occasion pursuant to this Chapter, investigation into all cases that may be instituted from the acts done on such occasion shall be conducted at the same time. 9. Power to arrest person related to offence: (1) The police or investigating authority may arrest any person related to an offence if such person is found or caught in the course of committing the offence. (2) If, in the course of investigation into any offence, it is warrant of arrest. Schedule-8. immediately upon issuing an urgent warrant of arrest in the form referred to in Schedule-9, and the matter shall be submitted to the adjudicating authority, along with the person so arrested, for permission. (7) If any person is arrested upon issuing an urgent warrant of arrest pursuant to sub-section (6), no other investigation related proceedings related to such offence may be initiated without obtaining permission from the adjudicating authority. (8) If the police is not available for the time being at the woman by a male police employee in such manner as to respect her physical sensitivity and as not to undermine her dignity or prestige. (12) A person who is arrested pursuant to this Section or his or her body may be searched. (13) If there is a reasonable ground to suspect that any person to be arrested pursuant to this Section is residing in any house or place, that person may be arrested by making search of such house or place. (14) If a person is arrested upon making search pursuant to after the commencement of the preliminary investigation pursuant to sub-section (1), forward a report thereof to the district government attorney office within three days. Explanation: For the purposes of this Chapter, the term "preliminary investigation" means the description of the scene of offence, deed on the scene of crime, search or seizure deed or deed of examination of corpse in the case of homicide, and, in the case of other offence, report, deed or other necessary description required to be prepared depending on the nature of such offence. section (3). setting out that matter to the concerned government attorney office not later than three days in general cases. Criminal Procedure Code
Criminal Procedure Code

(2) Upon receipt of a report pursuant to sub-section (1), the concerned government attorney office may abate the investigation into such offence for the time being subject to the conducting of investigation as and when additional evidence is found if there is no reasonable ground to conduct such investigation immediately or give direction, accompanied by the reason, to the investigating authority to conduct further investigation if, upon studying the nature of commission of offence on that occasion, it thinks appropriate to conduct investigation immediately. pertinent superior authority of such investigating authority or the Inspector General of Police may, in consultation with the Attorney General on that matter, form an investigating team consisting of experts as well, and cause such investigation to be conducted by that team. (3) If an investigating team is formed pursuant to sub section (1) or (2), such team shall conduct investigation, in exercise of the powers conferred to the investigating authority under this Chapter. (4) If an investigating team is formed pursuant to sub her. (2) A person shall be detained pursuant to sub-section (1), only upon serving on such person a warrant for detention in the form referred to in Schedule-10, setting out the place where such person was arrested and the reason for holding in detention. (3) If any person is detained pursuant to sub-section (1), there shall be prepared his or her records containing, inter alia, his or her name, surname, age, address including street, father's name, mother's name, citizenship certificate or other identity card, if any, disclosing his or her identity, and failing such certificate or card, authority as soon as possible within twenty-four hours. (2) No person shall be held in detention in contravention of sub-section (1). (3) If it is necessary to hold any person in detention for a period exceeding that set forth in sub-section (1), the investigating authority shall make an application for remand, accompanied by the reasons and grounds for such detention, to the adjudicating authority through the government attorney office. period of twenty-five days at one time or several times if, upon studying the relevant documents and also upon hearing the pleadings of the legal practitioner concerned, if considered necessary, the adjudicating authority thinks that it is necessary to keep on detaining such person for investigation. (7) Notwithstanding anything contained in sub-section (6), both the investigating authority and the government attorney may submit to the adjudicating authority a report, along with the reason, that investigation into any offence related to assault on the President, espionage, giving provocation to the desertion of a soldier, waging in detention a woman with pregnancy of more than seven months, a child, and a person over 75 years of age, such authority may conduct investigation by remanding such woman, child or person on recognizance, and executing a memorandum to that effect, accompanied by the reasons therefor. 15. Criminal Procedure Code
Criminal Procedure Code

Power of investigating authority to release person held in detention: (1) If it does not appear necessary or appropriate to keep on detaining a person held in detention in the course of investigation under this Act, the investigating authority may, with the consent of the government attorney or by executing a memorandum, person on recognizance to appear on appointed days, the investigating authority shall give information thereof to the government attorney and the higher police office. 16. Deposition and interrogation: (1) The investigating authority may take deposition from the accused in relation to any offence under Schedule-1 or Schedule-2 in the presence of the government attorney. (2) In taking deposition pursuant to sub-section (1), the required to be set out in relation to the offence. (5) If it is necessary to have a document executed by a child or physically incompetent person pursuant to this Section, it shall be executed in presence of his or her guardian or other person available. (6) If any person who is to make deposition or be interrogated pursuant to this Section is not able to present before the investigating authority for the reason of physical illness or it is not appropriate to cause his or her presence before such authority for the reason of his or her security, the investigating authority may take there shall be served on the person residing for the time being in the house to be searched a notice in writing, accompanied by the reason for making search, in the form referred to in Schedule-12. (3) In making a search pursuant to sub-section (1), it shall be made upon executing a deed in the form referred to in Schedule 13. (4) The investigating authority shall get the concerned house owner or person to search him or her as well, prior to entering (8) If a request is made pursuant to sub-section (7), a police employee of that police office whose rank is at least assistant sub inspector of police shall search such person or place, prepare a deed referred to in sub-section (1) and send it to the authority making such request. (9) Notwithstanding anything contained in sub-section (7), if the investigating authority thinks that any evidence could be concealed or destroyed in the event of making a request in writing to the time being shall allow such authority to enter into such house or place, by opening its gate or door or in any other manner, and if such entry is denied, the authority making search may enter into the house or place by breaking the key, if any, or breaking or demolishing only such parts of the windows, doors, roofs, walls etc. of such house or place as may be necessary to enter into such house or place and in such manner as to cause minimal loss or damage as far as possible. Criminal Procedure Code
Criminal Procedure Code

(13) If, for any reason, it is not possible for a person who has entered into any house or place to exit from it in a normal way after making search pursuant to this Section, the person may exit from it authority shall, in preparing a deed on the scene of crime, describing the real and actual facts of the scene of such offence, prepare it in accordance with sub-sections (2), (3) and (4) of Section 8. (2) In preparing a deed on the scene of crime pursuant to sub-section (1) or searching any person, object or place or examining the corpse, in the case of homicide, or, in the case of commission of any other offence, in preparing necessary deeds depending on the nature of such offence, such deed or deeds shall be executed in the form referred to in Schedule-14, and take photographs of the corpse and the concerned scene in a manner to describe the actual situation of the corpse: (a) The identifying description of the corpse, (b) The circumstances of the place where the corpse is located and of the corpse, (c) If any wound, injury, bruise, abrasion or mark is seen on the corpse, the description of each wound, injury, bruise, abrasion or mark including the part where such (5) A report of post-mortem conducted pursuant to sub section (3) shall be prepared in the form referred to in Schedule-15. (6) Notwithstanding anything contained in sub-section (3), if, after the execution of the deed on examination of the corpse pursuant to sub-section (1), it does not appear, from such examination of corpse, that the death was caused as a result of the commission of any offence or in a suspicious circumstance, and the investigating authority concludes that the post mortem of the corpse is not necessary, he or she shall execute a memorandum thereon, setting out the reasons for the same, in the presence of distinguished (10) If the investigating authority deems it appropriate to be accompanied by the concerned expert in the course of examining the corpse or conducting post mortem or collecting any other proof or evidence, he or she may also be accompanied by such expert. (11) If the expert or medical doctor examining a corpse or conducting the post mortem pursuant to this Section thinks that it is necessary to conduct the post mortem by a team consisting of more than one expert in order to find out the real cause of death or the investigating authority thinks that it is necessary to have the post team. authority in the provision of a sample of blood, semen, hair or organ, arms or object required for the examination pursuant to sub-section (1). (3) The concerned doctor or laboratory shall prepare a report of examination conducted pursuant to sub-section (1). 22. Examination of injury: (1) If any person sustains any injury, wound, bruise, abrasion etc. Criminal Procedure Code
Criminal Procedure Code

on his or her body in an incident that happened because of hurt and makes application for the examination of injury or the investigating authority so requests, the government doctor or health worker shall examine his or her injury, wound, form referred to in Schedule-16. later than three days after the date of such examination, excluding the time required for journey. (5) If it appears that a person held in detention was subjected to hurt or torture as referred to in sub-section (2), the court shall order the concerned police office to have treatment of the person so subjected to hurt or torture, provide an interim relief to him or her and take, in accordance with law, departmental action against the person who so subjected him or her to hurt or torture. (6) If the investigating authority does not write to the government doctor or health worker for the examination of injury Section, if the investigating authority, for the reason of the sensitivity or complexity of any case, considers appropriate to do so, and makes recommendation for obtaining the opinion of the medical board or any other expert in such case, the Government of Nepal may form such board. (6) If a board is formed pursuant to sub-section (5), the board shall give opinion on that matter. 24. Identification to be made: (1) If it is necessary to identify any person in connection with any case, a police employee whose rank is at least assistant sub-inspector of police shall cause such identification to be made. made. (5) A police employee whose rank is at least assistant sub inspector of police may cause to be made the identification of any exhibit, thing or object connected with any case, by executing a deed on identification. 25. Police diary to be maintained: (1) Every police officer conducting investigation under this Chapter shall maintain a police diary, in the form referred to in Schedule-18, in which every proceeding made by him or her in the course of investigation shall be recorded immediately. the diary maintained pursuant to sub-section (1): interrogated in the course of investigation, and matters stated by such person in relation to the offence, (h) Other relevant fact or information obtained in the course of investigation of the offence. (3) The government attorney or court may, as required, procure and examine the police diary maintained pursuant to in sub section (1). (4) The authority higher than the concerned investigating authority may, if he or she so wishes, inspect the matters set forth in necessary direction in connection with the investigation. or opinion. (3). 27. Power of the Attorney General to give direction in the course of investigation: (1) The Attorney General may obtain necessary information about the investigation undergoing into any criminal case to be filed by the Government of Nepal. Criminal Procedure Code
Criminal Procedure Code

(2) If, upon having information pursuant to sub-section (1), the Attorney General is of the opinion that investigation into any criminal offence which is a state case is insufficient or that any 29. Power to forward the matter to the concerned body: Notwithstanding anything contained elsewhere in this Act, if, in the course of investigating into any offence under Schedule-1 or Schedule-2, it appears that the offence has to be investigated into under other law, the matter, accompanied by the progress details of investigation, may be forwarded to the concerned body or authority for investigation into it. 30. Investigation into offence committed outside Nepal: (1) If there is a legal provision that a case can be instituted in a court of Nepal in this Act: by obtaining, through diplomatic channel, consent of, and in cooperation with, the competent authority of the country where the offence was committed, (c) In cases where any investigation cannot be conducted pursuant to clause (a) or (b), investigation conducted by the competent investigating officer of the country where the offence was committed, (d) In cases where even the circumstance referred to in clause (c) does not exist, investigation conducted by the investigating authority of the area where the accused was apprehended or of the area of his or her permanent abode if the accused is not apprehended. that the offence has not been committed or in spite of the commission of the offence, the accused cannot be traced out or that there is no sufficient evidence to make indictment against any accused, and send such report to the concerned government attorney office. (2) The report referred to in sub-section (1) shall be sent at least fifteen days in advance of the expiry of the statute of limitation under the relevant law in relation to a case not involving a detainee, and normally three days in advance of the day for filing a case, also having regard to the time required to make decision of whether or detainee. plaintiff. (4) If, in studying a case-file in connection with making decision of whether or not to institute a case pursuant to sub-section (3), the government attorney deems it necessary to collect further proof and evidence or conduct further investigation or make further interrogation with any person, the government attorney may direct the investigating authority to collect such proof and evidence or conduct such further investigation or make interrogation with such person and send the same. (5) If the government attorney gives direction to conduct reliable person. Chapter, where decision has been made not to institute a case on any offence set forth in Schedule-1 because of the absence of evidence but any significant evidence is obtained subsequently, investigation into such offence may be conducted again and the charge sheet may be filed. Chapter-3 Prosecution and Filing of Cases 32. Criminal Procedure Code
Criminal Procedure Code

To file charge sheets: (1) If, on studying a case-file in the course of making decision to or not to institute a case pursuant to sub-section (3) of Section 31, and in view of the proof and evidence collected, accused, his or her photograph, duplicate copies of his or her citizenship or passport, driving licence or other document indicating his or her actual introduction, (e) Biometrics of pointing fingers of both hands of the accused, (f) If the accused is staying in a rented house, details including the name, surname and address of the house owner, (g) The contents of the information related to the offence, (h) The particulars of the offence, held in detention. (3) If the law gives any specific name to the offence alleged to have been committed by the accused, the charge sheet to be submitted pursuant to sub-section (1) shall mention that name in connection with such offence. (4) If the law in force does not give any name to the offence pursuant to sub-section (3), name shall be so given to the offence, also having regard to the elements of the offence according to the charge made against him or her. of any person, the government attorney shall give information thereof to the informant or the victim of such offence, through the concerned investigating authority. (7) If, upon receipt of information referred to in sub-section (6), the concerned person may, notwithstanding anything contained in the law in force, file a case, if he or she so wishes, within sixty days of the date of receipt of such notice, as if it were an offence under Schedule-4. (8) If a case is instituted only against any person out of more than one person subjected to investigation pursuant to this Act not to institute the case pursuant to sub-section (9), it shall give information thereof to the Office of Attorney General. (11) Upon receipt of the information under sub-section (10), the Office of Attorney General shall be give necessary direction to the concerned government attorney as to whether or not to institute the case. (12) If information is received under sub-section (8) that case can be instituted under other law and such content is found reasonable, the High Court Government Attorney Office shall give information thereof to the concerned person. accused. (3) In filing a charge sheet pursuant to sub-section (2), the government attorney may file the charge sheet proposing for a reduction in the sentence as follows: (a) If the accused pleaded guilty of the offence in whole, before the investigating authority or prosecuting authority, a reduction of a maximum of twenty-five percent of the sentence that can be imposed on the accused, for the commission of such offence, a reduction of a maximum of fifty percent of the sentence that can be imposed on the accused. concerned case shall clearly demonstrate that such accused has rendered such assistance. Criminal Procedure Code