chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Criminal Procedure Code

(5) Notwithstanding anything contained elsewhere in this Section, a pray cannot be made for the reduction in the sentence in any of the following offences or circumstances: (a) If the accused has once availed of the facility under this Section, (b) If the accused was sentenced to imprisonment, a period of three years has not lapsed after the service of such sentence, offence in which he or she is accused of. of any specific type or it does not substantially affect public interests, the government attorney may, with the approval of the Attorney General, decide not to file a case against such person. (2) Prior to making decision pursuant to sub-section (1), the government attorney shall cause a bond to be executed by such accused undertaking not to repeat such offence in the future. (3) For the purposes of this Section, the words "minor offence of specific type" means any of the following offences: (6) If a case is not filed pursuant to sub-section (1) and such person commits any offence under this Act within three years from such date, such person shall be liable to the sentence to which the sentence that can be imposed on him or her for the previous offence shall also be added. (7) Notwithstanding anything contained elsewhere in this Section, if the government attorney makes decision not to institute a case, the victim party who is not satisfied with such decision may file a case on his or her own behalf. (8) If decision is made not to institute a case pursuant to sub-section (7). 36. Alterations in charge sheets: (1) If, by the reason that additional evidence has been discovered in any case already filed in the court, it appears necessary to alter the charge made previously in that case, the concerned government attorney may, with the permission of the Attorney General, make a petition, accompanied by the reasons therefor, to the concerned court of first instance for alteration in the charge sheet. (2) Upon receipt of such petition, the concerned court may, if the contents thereof appear to be reasonable, give order to alter the claim in the charge sheet in accordance with the petition. accused and shall, if the concerned government attorney so orders, produce the same before the concerned court at the same time. (2) Except as provided in sub-section (1), the concerned police office shall, consequent upon the filing of a case in the court pursuant to this Chapter, produce before the concerned government attorney office the additional proof, evidence, object, document or exhibit, if any, discovered in connection with the case, and such government attorney office shall, upon making necessary examination, submit such document, exhibit or evidence to the court. 39. To retain safely: (1) If the government attorney makes decision not expires. Criminal Procedure Code
Criminal Procedure Code

(2) If, in any case under Schedule-1 or Schedule-2, the concerned government attorney makes decision to the effect that the evidence is not sufficient enough to institute the case, he or she shall give information of such decision to the concerned investigating authority and the authority or office higher in level than such investigating authority. 41. Notice to be given to informants or victims: If decision is made not to institute a case in connection with any offence pursuant to sub section (3) of Section 31, the investigating authority shall, as soon as therefor, to the informant or victim. case related to any offence under Schedule-1 or Schedule-2, in the form of a charge sheet, (b) The Government of Nepal, constitutional body, court or any public authority, in relation to a case related to any offence under Schedule-3, in the form of a compliant or report, (c) The concerned person or one who has _locus standi_ to file case, in relation to a case related to any offence under Schedule-4, in the form of a plaint. shall be deemed to have been filed under this Act. or Schedule-3. or fabricated deposition to imprisonment for a term not exceeding three months or a fine not exceeding five thousand rupees or both the sentences, Provided that such sentence of fine or imprisonment shall not exceed half the sentence that may be imposed on the offender. (b) In the event of the court being of the opinion that the informant has made such false allegation or produced case. Chapter-4 Jurisdiction of Court 45. Offences to be tried by court having jurisdiction over area where offences committed: The power to proceed and adjudicate any case related to any offence shall be vested in the court having jurisdiction over the area where such offence is committed. having jurisdiction over any of such areas, the same event, by a court having jurisdiction over any of such areas where any of such offences takes place, (d) If an offence is committed in several areas but it cannot be determined in which area the act constituting the offence has been completed, by a court having jurisdiction over any of such areas, (e) In the case of any offence related to kidnapping or hostage-taking, by a court having jurisdiction over either the area where such offence is committed or the area where the kidnapped person or hostage is held, concealed or detained, other communication or information technology, by any court having jurisdiction over either the area where such letter, communication or information was sent from or the area where the same was received, (i) If an offence is committed along the boundary between two countries, by the court adjoining to such boarder, Explanation: For the purposes of this clause, the term "boarder" includes the no-man's land along the boundary between two countries. Criminal Procedure Code
Criminal Procedure Code

(j) In the case of an offence related to property, by the court having jurisdiction over either the area where such jurisdiction of more than one court, is filed in more than one court, the case on such offence shall be proceeded and adjudicated by the court in which it has been filed earlier, and, where the case has been filed on the same day, by the court designated by the court hearing appeals from such court where the courts are under the jurisdiction of the same appeal hearing court, and by the court designated by the Supreme Court where the courts are under the jurisdiction of the different appeal hearing courts. (2) Notwithstanding anything contained in sub-section (1), where a case related to any one offence, falling under the jurisdiction the court. the contents of any charge sheet or complaint made to it, that the court is not competent to proceed and adjudicate the case complained or that the complaint does not meet the requirements, the court shall make an endorsement to that effect in that charge sheet or complaint. (2) In the case of a complaint which is endorsed pursuant to sub-section (1) by the reason of the lack of jurisdiction, where the day on which such endorsement is made is the deadline of the statute of limitation, the proper court shall, notwithstanding anything contained in the law in force, register the complaint in accordance excluding the time required for journey. court. order made in the course of proceeding of the case. Chapter-5 Provisions Relating to Preliminary Proceedings of Cases 52. Commencement of proceedings by the court upon filing of cases: (1) Except as otherwise provided in this Act, the court shall commence proceedings in a case related to any offence upon its filing in the court pursuant to this Chapter. Provided that: on the charge of committing any offence referred to in Section 81 or 82 of Chapter-3, Sections 89, 90, 91, 92, 93, 97, 98 or 100 of Chapter-4, of Part-2 of the Penal Code, or abetment of, criminal conspiracy to, or being accomplice to, any such offence, the court may, if it thinks justifiable to institute the case on the basis of a petition, report, deposition or any separate complaint, proceed the case by executing a memorandum of order, accompanied by the reason therefor. (3) Any case set forth in sub-section (2) shall be proceeded and adjudicated in conjunction with the case of the main offence. Criminal Procedure Code
Criminal Procedure Code

(a) A person who has suffered injury from the offence, (b) In the case of any matter requiring compliant by a public servant who is deputed elsewhere or abroad in the course of his or her employment, any of his or her immediate successors, (c) In relation to any act or thing required to be done or preserved by any person by virtue of any post, office or any other capacity, the person holding such post, office or capacity, (d) In relation to any matter in which a person with body. public servant who is deputed elsewhere or abroad in the course of his or her employment, any of his or her immediate successors, (c) In relation to any act or thing required to be done or preserved by any person by virtue of any post, office or any other capacity, the person holding such post, office or capacity, (d) In relation to any matter in which a person with speech or visual impairment, child or person over seventy-five years of age or person who is physically or mentally incompetent is entitled to make complaint, his or her successor living in the joint family and, failing such successor, any other successor or guardian, body. residing or staying, ward number, village, street, block number, if available, and other descriptions of the accused to the extent of availability, (d) If the accused is staying in a rented house, the name, surname and address of the house owner, to the extent of availability, (e) If the accused has no permanent abode, the name, surname and address of the owner of house where the accused is staying, (f) The particulars related to the offence, (g) Where the offender has committed more than one same, same, complaint and documentary evidences in a case in which the Government of Nepal is plaintiff. 54. Cases can be instituted together: (1) A case may be instituted against the following persons upon the same charge sheet, report, complaint, plaint or memorandum of order: (a) Persons who commit the same offence or different offences on the same occasion, jointly or in connivance with each other, other. any thing with the intention of committing the offence, or offence or aiding such person to abscond. 55. Separate complaint to be made in relation to each offence or accused: Except as otherwise provided in Sections 53 and 54, a separate charge sheet, complaint or memorandum of order shall be framed or made in relation to each offence or accused. 56. Government of Nepal to be made as plaintiff: A case related to any of the offences under Schedule-1 and Schedule 2, other than a case instituted upon a complaint referred to in sub-section (2) of Section 52, shall be proceeded by making the Government of Nepal as the plaintiff. Chapter-6 Warrant for Arrest and Summons 57. Criminal Procedure Code
Criminal Procedure Code

Summons or warrant for arrest to be issued: (1) After a complaint has been made pursuant to this Act, the court shall, subject to this Chapter, issue a summons or warrant for arrest, as required, to and Schedule- 2. following offence: accused fails to appear before the court within the time limit specified in the summons, the court may issue a warrant for arrest pursuant to sub-section (2), in the case of such accused. (4) The court may issue a warrant for arrest to arrest and produce any person who is bound to produce any document, exhibit or evidence required to be produced before the court if there is a reasonable reason to believe that such person is likely to conceal or destruct such document, exhibit or evidence or such person fails to produce such document, exhibit or evidence before the court within the time limit specified in the summons issued pursuant to sub section (3). case of a witness and other person. (2) A warrant for arrest issued pursuant to sub-section (1) shall be signed by the concerned authority and bear the seal of the court. (3) While issuing a warrant for arrest pursuant to sub section (1), the warrant for arrest shall be directed to the police office of the area where the person to be arrested is or likely to be residing or staying. Provided that the court may, if it deems so necessary, also direct a warrant for arrest to the employee of the court. in the form referred to in Schedule-25, to any of his or her family member of legal age, residing jointly with him or her, and retain a receipt thereof in the case-file. (8) If the person referred to in sub-section (7) refuses to acknowledge such warrant or is not found, a copy of the warrant shall be affixed to his or her house in presence of a member of the concerned ward committee of the Local Level, and if such member is not available, in presence of at least two local persons, and one copy thereof shall be delivered to the court. case-file. (12) If the court comes to know upon a petition by the party or through any other means that the person under the warrant for arrest is staying in any district other than his or her address, the court may also direct the warrant for arrest to the district where he or she is staying. (13) If any accused does not appear within the time limit specified in the warrant for arrest issued pursuant to this Chapter and remains absconded or the actual address of the accused cannot be discovered or the place where the accused is staying cannot be found out, the court may publish a notice, containing the description of the notice board of the concerned court. making such attachment order. Criminal Procedure Code
Criminal Procedure Code

(18) If a property attachment order is made by the court pursuant to sub-section (15), such property shall, notwithstanding anything contained in the law in force, be deemed to have been attached with effect from the date of such order. (19) After the person to be arrested pursuant to this Chapter appears in the court, the court shall, irrespective of the stage of the proceeding of the case, order the concerned Land Revenue Office or days of the service of the summons, for the specification of another time-limit for making appearance. (4) If a petition is made pursuant to sub-section (3), the court may so specify another date for his or her appearance that such date falls within a period not exceeding fifteen days from the date of such petition. (5) In the case of an accused who does not appear within the time-limit specified in the summons served pursuant to this Section, the court may, if it considers necessary to have the accused the proviso to sub-section (3) of Section of 57. one of him or her, a period of seven days, excluding the time required for journey, after the date on which a period of fifteen days of the death of such person elapsed, (b) If a person required to appear before the court is a woman and delivered a child, a period of sixty days from the date of delivery, excluding the time required for journey, (c) If the route remained closed due to flood, landslide or snow-fall or means of public transportation did not ply due to declaration of curfew or any other reason during of being unconscious or unable to make movement or seriously ill because of any accident, and thereby being unable to appear within the time-limit specified for the same, was admitted to a hospital recognized by the Government of Nepal for treatment, a period until he or she is discharged from the hospital, not exceeding fifteen days in the case of a party to a case under Schdule-4 and not exceeding three months in the case of a party to any other case. (6) In the circumstances referred to in clauses (a) and (e) of sub-section (5), the concerned person shall, as far as possible, give a notice thereof to the court immediately. (4) If the concerned person or joint family member is not found or, despite being found, such person or even such member refuses to acknowledge the summons pursuant to such-section (3), the serving employee shall affix one of the duplicates of the summons to the house or house-door of that person in the presence of one member of the concerned ward of the Local Level and of at least two local persons, who as well as the serving employee shall affix signature or thumb impression thereon, and deliver one copy thereof to the concerned ward committee of the concerned Local Level and submit one copy of the served summons to the court. employee is serving. Criminal Procedure Code
Criminal Procedure Code

(9) Where a summons is received for service pursuant to sub-section (8), the chief of such office or body available for the time being shall serve the summons by delivering one copy of the summons to the concerned office-bearer or employee, and, as far as practicable, cause the other copy to be signed by the concerned office-bearer or employee, stating the manner and date of its service, and return that copy to the court. (10) If a summons cannot be served pursuant to sub-section such employee. (15) If any court is required to serve a summons on a person who is residing in any area outside its jurisdiction, the court shall send the summons to the court of that area and cause it to be served through that court, and that court shall cause the summons to be served in accordance with this Chapter and return a copy thereof to the court issuing the summons. (16) In serving a summons pursuant to this Section, the notice sent to the accused person pursuant to sub-section (7) of Section 57 shall also be delivered or, depending on the situation, affixed to the house-door, together with the summons. warrant may be delivered to any of his or her joint family members who has completed at least eighteen years of age. (4) If the concerned person or any joint family member is not found pursuant to sub-section (3) or, despite being found, such person or family member refuses to acknowledge the warrant, the serving employee shall affix one of the duplicates of the warrant to the house-door of that person in the presence of a member of the concerned ward of the Local Level and of at least two local persons, who as well as the serving employee shall affix signature or thumb impression thereon, and deliver one copy thereof to the concerned warrant for arrest to the court. the serving employee shall submit to the court a report containing the date and details of the service. (9) If any court is required to serve a warrant for arrest on a person who is residing in any area outside its jurisdiction, the court shall send the warrant for arrest to the court of that area and cause it to be served through that court, and that court shall cause the warrant for arrest to be served in accordance with this Chapter and return a copy thereof to the court issuing it. (10) If an employee making a report referred to in sub served. country, the warrant for arrest or summons may be issued to or served on such person in accordance with the law in force on mutual legal assistance. (2) If the Government of Nepal receives information as to the service of a warrant for arrest or summons issued pursuant to sub-section (1), it shall give such information to the concerned court. Criminal Procedure Code
Criminal Procedure Code

(3) If a warrant for arrest or summons issued pursuant to sub-section (1) cannot be served, such warrant or summons may be Act. 65. Special provisions relating to absconding persons: (1) In the case of a person against whom a warrant for arrest has been issued pursuant to this Chapter but who is not arrested because of not being found or in the case of a person who is absconding and failing to appear before the court, the following matters shall be dealt with as follows, with effect from the following day of the expiry of thirty days after the date of issuance of such warrant to the day on which he or she appears before the court: (a) If such person is an incumbent office-bearer or or income tax registration firm, license, industry etc. held in the name of, or under sole ownership of, such person, the act of renewal shall automatically be withheld, (d) Transaction on securities held in the name of such person shall _ipso facto_ be withheld, (e) Facilities such as salary, allowance, gratuity and pension receivable by such person in accordance with law shall be deemed to have _ipso facto_ been withheld, (f) Any interest, royalty or facility to be acquired by such person from any intellectual property right such as a initiated if such person can be extradited under a treaty to which the Government of Nepal is a party or under the law in force, and failing such circumstance, in view of the gravity of the offence, a request may be made through the diplomatic channel to the concerned country or relevant international organization to arrest such person. (2) The court shall give a notice thereof to the concerned authority or body in order to make effective the provisions referred to in sub-section (1). 66. Process may be served at court: (1) Notwithstanding anything contained elsewhere in this Chapter, any process or notice issued by itself: party in any case in the concerned court, at the time when the attorney appears for such representation, (d) In the case of a law practitioner who appears in the concerned court in the course of law practice, at the time when he or she appears in the course of such practice, or (e) In the case of a person who appears as a witness, at the time when he or she appears in that capacity. (2) If a process or notice issued by the court in the name of any person referred to in sub-section (1) is tendered for delivery when the person appears in the concerned court, the person shall receive it. (3) If any person refuses to acknowledge such process or Chapter-7 Provisions Relating to Detention, Bail and Guarantee 67. Criminal Procedure Code