chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Criminal Procedure Code

(4) Such person shall be imprisoned for the government claimed amount that has not been recovered even from the proceeds of the auction of the property pursuant to sub-section (3). 164. Imprisonment for government claimed amount: (1) The concerned person shall pay any government claimed amount or any other amount held by a court judgment to be recoverable. thousand to twenty-five thousand rupees, (c) Six months for the claimed amount of twenty-five thousand to fifty thousand rupees, (d) One year for the claimed amount of fifty thousand to one hundred thousand rupees, (e) Six months for every fifty thousand rupees over one hundred thousand rupees. (4) One shall be sentenced to imprisonment for an amount less than that set forth in clause (a) of sub-section (3) in a manner to set off three hundred rupees for each day. (5) Notwithstanding anything contained elsewhere in this Section, in sentencing to imprisonment for a government claimed seven years. rupees. property owned by the person liable to pay such claimed amount, compensation or other amount. (4) If a petition is made pursuant to sub-section (3), the court shall cause such claimed amount, compensation or other amount to be recovered respectively by attaching and auctioning the said property. (5) If the person liable to pay a claimed amount, compensation or other amount pursuant to sub-section (1) pays the same to the court or if the claimed amount, compensation or other made accordingly. into the term of imprisonment at the rate of three hundred rupees a day, and the person liable to pay such claimed amount or other amount shall be imprisoned accordingly. (9) While imprisoning any person pursuant to sub-section (8), such person shall not be imprisoned for more than two years in the case of a claimed amount of a particular person and for more than four years in the case of a claimed amount of a public body under full or majority ownership or control of the Government of Nepal, State Government or Local Level. four years. claimed amount, compensation or other amount and further remaining shall be deposited in the consolidated fund, notwithstanding anything contained in the law in force. 166. Recovery of amount under judgment from bail/bond: (1) Notwithstanding anything contained elsewhere in this Chapter, if any offender has furnished any amount as a bail/bond pursuant to this Act, the fine, claimed amount, compensation or other amount payable by him or her by virtue of the judgment shall be recovered or is covered by such amount of bail/bond. by him or her pursuant to the judgment or its recovery can be made pursuant to sub-section (1), the fine, compensation or other amount shall be recovered by auctioning the property, if any, furnished as security/guarantee by him or her or by any other person on his or her behalf in accordance with this Act. Criminal Procedure Code
Criminal Procedure Code

(5) Notwithstanding anything contained elsewhere in this Section, if any other person has provided his or her property as a bail/bond or guarantee in favour of any offender, before auctioning the property of such other person, the court shall give a notice to him or her to pay the fine, claimed amount, compensation or other sub-section (2). (a) If the property is being registered or licensed separately, to give a notice of attachment to the office responsible for registering, transmitting, issuing or renewing the license, (b) If the property is cash, to give a notice of attachment to the body holding such cash, (c) If the property is that crops or rent can be harvested in or collected from it, the court shall order the concerned Local Level to collect such account, knowledge of such attachment, by showing his or her right in that property. (5) If a complaint is made pursuant to sub-section (4), the court shall decide as to the right in the property if it is empowered by law to make such decision and shall forward the complaint to the proper court, if it has no such power. (6) If the court makes any decision pursuant to sub-section (5), a person who is not satisfied with such decision may make an appeal in accordance with law. him or her. (4) If the person who is entitled to have recovery of the claimed amount, compensation or other amount and does not appear on the date appointed pursuant to sub-section (1) fails to make a petition within the period referred to in sub-section (2), the recovery of such claimed amount, compensation or other amount shall be abated for one year. (5) If the concerned person makes appearance within the period referred to in sub-section (4), the recovery of the claimed judgment shall be made. other amount. Chapter-16 Miscellaneous 169. Cases to be tried by District Court: The case trying authority, if any, designated by the Government of Nepal, by a notification in the Nepal Gazette, shall try any of such cases set forth in the Penal Code, and the District Court shall try the other cases. (e) A case relating to violence against woman, (f) A case which is accorded priority in proceeding or hearing pursuant to law, (g) A case registered earlier according to the order of registration of cases. (2) While proceeding and adjudicating any case involving any other persons, in addition to those mentioned in clauses (a), (b) or (c) of sub-section (1), as parties, proceeding, hearing and adjudication shall be made also in the case of such persons. (3) Out of the cases in which more than one person who are remanded in detention or custody are parties, the case of the person who has been held in detention or custody earlier shall be proceeded, heard and adjudicated first. to it. Criminal Procedure Code
Criminal Procedure Code

case: (d) Originals of evidence, (e) Memorandum of appeal, if any, (f) Petition for review or revision of the case, if any, (g) Judgment or final decision made by the court, (h) Map, inventory form, statements of property, (i) Such other documents as considered necessary to be preserved in accordance with law. Explanation: For the purposes of this Section, the term "final decision means the decision made by the appeal hearing court in the investigating authority, prosecutor or the court may take assistance of an interpreter of the concerned language or the sign language. (2) The Government of Nepal shall bear the expenses incurred in taking assistance of the interpreter pursuant to sub section (1). 175. Copies to be provided: (1) The concerned party to a case or his or her law practitioner may obtain a copy of any document contained in judgment. upon his or her death or maternal uncle, maternal aunt, mother's elder sister, mother's younger sister, mother's elder sister's husband, mother's younger sister's husband, mother-in-law, father-in-law, fathers sister, fathers sister's husband, elder brother-in-law, younger brother-in-law, elder sister in-law, younger sister-in-law, elder sister, younger sister, elder sister's husband, younger sister's husband, daughter-in-law, nephew, niece, niece's husband, niece's daughter-in-law, maternal grand father, maternal grand-mother or any person having such relation in the family. (b) A case in which he or she has become an attorney, judge shall, before proceeding, hearing or adjudicating the case, make decision as to whether the claim of such petition is reasonable or not. (5) If, while making decision pursuant to sub-section (4), the claim of petition appears reasonable or the judge himself or herself has made order pursuant to sub-section (2) that he or she should not proceed, hear or settle the case, such case shall be referred to another judge, if any, in the same court and in absence of such judge, submission shall be made to the appeal hearing court for the transfer of the case in accordance with sub-section (3) of Section 96. (j) Passing a judgment or final order. (2) Notwithstanding anything contained in sub-section (1), the following matters may be carried out as follows: (a) An employee in the court whose rank is at least non gazette first class may record the evidence or deposition of a witness, at the direction of the judge. (b) In the absence of the judge, the senior-most employee out of the employees present in the court may make an her. the concerned prison shall immediately release the detainee or prisoner in pursuance of such order. (3) Notwithstanding anything contained in sub-sections (1) and (2), if any detainee or prisoner to be released pursuant to the judgment or order is present in the court, he or she shall, upon judgment, be released immediately and a notice thereof shall be given to the concerned prison. 179. To give notice on release of property subject to attachment: In releasing any property attached in accordance with this Act pursuant and Schedule-2. Criminal Procedure Code
Criminal Procedure Code

(5) Notwithstanding anything contained elsewhere in this Section, if it is necessary that any particular case, in which the Government of Nepal is plaintiff, be pleaded by any other law practitioner in addition to the government attorney, the concerned body shall, assigning the reason therefor, obtain consent of the Attorney General or the government attorney authorized by him or her for the same. (6) Upon receiving the consent pursuant to sub-section (5), such body may appoint another law practitioner. (7) The law practitioner appointed pursuant to sub-section her. section (1) is not found to meet the requirements of the law, the court shall return the document, by making endorsement setting out its failure to meet the requirements. (3) If, in relation to the matters of a document returned upon making endorsement pursuant to sub-section (2), the document is made to meet the requirements as set out by endorsement and is tendered for registration within the statute of limitation or time-limit or within seven days after the date of endorsement if that date is the and proceeded with in accordance with law. (3) In disclosing the name, surname, address of the person or his or her father's name having been kept secret pursuant to sub section (1) at the time of hearing of the concerned case or publishing details pertaining thereto, such disclosure shall be made under fake name, surname, address or father's name, pursuant to the order of the court. 184. Deposition, document or deed made or executed before investigating authority may be recorded in audio-visual means: (1) Notwithstanding anything contained elsewhere in this Act, the physical infirmity or being a child, not able to appear before the police office or government attorney office, (c) If any thing to be submitted to the court as evidence cannot be taken to the court from the place where that thing is situated. (2) The court may admit in evidence the audio-video means recorded pursuant to sub-section (1). 185. Performance of activities by higher level employee: (1) Any function or duty that is required to be or may be performed by any government attorney, police officer or any other officer pursuant to office. authority. impression: (1) If any person is bound to witness any act in the course of proceedings or affixing signature or thumb impression on a document prepared by the court pursuant to this Act, such person shall assist the court by so being witness or affixing signature or thumb impression on such document. (2) If any person bound to witness any act or affix signature or thumb impression on any document pursuant to sub-section (1) refuses to do so, the employee executing that act or document may or her disagreement over any matter contained in the document, he or she may affix his or her signature or thumb impression on it, separately stating his or her remarks. 188. Criminal Procedure Code
Criminal Procedure Code

Action not to be instituted: (1) No question shall be raised nor any case instituted in any court in respect of any decision, prosecution, pleading and defense made by the government attorney in relation to any case pursuant to this Act. (2) No action may be taken in respect of any act done or Schedule-2. the Penal Code: |(a)|Joint Attorney General of at least gazetted<br>first class designated by the Attorney General|-Chairperson| |---|---|---| |(b)|At least gazetted first class officer of the<br>Government of Nepal, as designated by the<br>Government of Nepal|<br> <br>-Member| |(c)|At least gazetted first class officer of the<br>Nepal<br>Police,<br>as<br>designated<br>by<br>the<br>Government of Nepal|<br>-Member| (2) If, in conducting investigation, the committee referred to in sub-section (1) finds that such investigation or prosecution has been conducted or made dishonestly, it shall write to the concerned government attorney office to institute the case in relation thereto. 190. Power to grant permission to take over case: If, in any case of the offence under Schedule-4 involving the recovery of any kind of movable or immovable property, other than a case involving the recovery of a claimed amount or sentence of imprisonment or fine, the complainant dies or becomes of unsound mind or goes away and for appearance. electronic means in accordance with the law in force related to electronic transactions. 193. Not to be affected by printing or mathematical error: If there is any mathematical or other minor error or omission in writing or printing in respect of the procedures under this Act, while conducting investigation, prosecution and other proceeding of a case under this Act, all acts and proceedings related thereto shall not be deemed illegal by that reason alone. 194. Coordination committee: (1) There shall be a coordination committee as follows, in order to bring effectiveness in the bodies involved in such investigation and prosecution: |(a)|Attorney General|-Chairperson| |---|---|---| |(b)|Secretary, Ministry of Law, Justice and<br>Parliamentary Affairs<br>|-Member| |(c)|Secretary, Ministry of Home Affairs|-Member| |(d)|Inspector General of Police, Nepal Police|-Member| |(e)|Such government attorney of gazetted first<br>class level or above in the Office of<br>Attorney General as designated by the<br>Attorney General|-Member<br>secretary| (2) The rules of procedures of the coordination committee 195. Departmental action to be taken: A public servant who fails to do act or take any action required to be done or taken pursuant to this Act within the period, if any, specified by this Act shall be liable to departmental action in accordance with law. 196. Power to frame rules: (1) The Government of Nepal may, in consultation with the Attorney General, frame rules on matters of investigation, and the Supreme Court may frame rules on matters of court proceedings, for the implementation of this Act. (2) While framing rules pursuant to sub-section (1), the administration of justice. Criminal Procedure Code
Criminal Procedure Code

following matters: summons under Chapter 6, court or bench; (e) The Supreme Court in respect of the execution of judgments under Chapter 15, (f) The Government of Nepal, in consultation with the Attorney General, in respect of the withdrawal of cases pursuant to Section 116, (g) The Government of Nepal, in consultation with the Attorney General, in respect of pardon pursuant to Section 159, Schedule -1 (Relating to clauses (d) and (l) of Section 2) 1. Offences under the following Chapters or under the following Sections of the following Chapters of the Penal Code: (a) Part-2: (1) Chapter-1 (14) Chapter-15 (15) Chapter-16 (16) Chapter-17 (17) Sections 219, 221, 222, 223, 225, sub-section (3) of Section 226 of Chapter-18 (18) Chapter-19 (19) Chapter-20 (21) Chapters-22 and 23 number 1 above 8. Offence under the Essential Services Operation Act, 2014 9. Offence under Protection and Welfare of the Disabled Act, 2039 10. Offence under the Act Relating to Secrecy of Documents, 2039 11. Offence relating to passport 12. Offence relating to the protection of essential goods 13. Offence under the Prison Act, 2019 14. Offence under the Donation Act, 2025 15. Offence under the Lottery Act, 2025 over, hitting, blowing or accident by motor vehicle this Schedule Schedule-2 (Relating to clauses (d) and (l) of Section 2) 1. Offences under the following Sections of the following Chapter of the Penal Code: of Part-2 Schedule. Schedule-3 (Relating to clause (l) of Section 2) 1. Offences under Chapter-3 of Part-2 of the Penal Code. Schedule-4 (Relating to part (l) of Section 2) 1. Offences under the following Chapters or under the following Sections of the following Chapters of the Penal Code: (a) Part-2: (1) Chapter-14 except Section 192 4. Offence of incest. 5. Offences of attempt to, abetment of, conspiracy to, any offence under serial numbers 1, 2 and 3 above and any offences related thereto under Chapter-11. Schedule-5 (Relating to sub-sections (1) and (7) of Section 4) Form of First Information Report Report submitted to . (Name and address of the police office) been made: (a) The place, date and time where and when the offence has been committed or is being committed or going to be committed: (b) Details of the event relating to the offence: (c) Nature of the offence and other details related to the offence: (d) Proof, evidence related with the offence: (e) Other details related to the offence: shall bear and pay according to law. Schedule-6 (Relating to sub-section (3) of Section 4) Receipt of First Information Report or Notice (date). Seal of the office: Designation: Office: Date: Sc hedule-7 (Relating to sub-section (5) of Section 4) Offence Register Government of Nepal Ministry of Home Affairs . Criminal Procedure Code
Criminal Procedure Code

It is true and correct that this power of attorney has been drawn up and signed in our presence. Witnesses: Signature: Schedule-37 (Relating to sub-section (2) of Section 106) Form of oath to be taken by witness Schedule-38 (Relating to sub-section (3) of Section 106) Form of taking deposition of witness Case................ Answer: Answer: meanwhile or at the end, that question and the answer thereof shall also be set down according to the serial order. Schedule-39 (Relating to sub-section (4) of Section 107) Form of Commission A commission sent by............... Case............. of the year..... Answer: Answer: Note: The questions and answers thereof shall be recorded on the same order as examined, cross-examined or re-examined by the parties to the case; and if the court has asked the witness any question at the beginning, in the meanwhile or at the end, that question and the answer thereof shall also be set down according to the serial order. Schedule-40 (Relating to sub-section (6) of Section 109) Form of deed of record of examination of witness through video conference In presence of: attorney: Schedule-41 (Relating to sub-section (2) of Section 115) Form of commission to be used for examination of witness abroad A commission sent by............... Answer: Answer: as examined, cross-examined or re-examined by the parties to the case; and if the court has asked the witness any question at the beginning, in the meanwhile or at the end, that question and the answer thereof shall also be set down according to the serial order. Submitted to: Schedule-42 (Relating to sub-section (8) of Section 122) Form of statement of defense To be filled by the court Registration No. : 1................................... Evidence Documents Mr./Ms. .............. age of ......years, son/daughter/wife of Mr./Ms............ Date: Signature/thumb impressions of the accused: Schedule-43 (Relating to sub-section (3) of Section 131) Form of Judgment ...........Court Branch of........... Judgment Case..............Number...............of the year.................... (Other necessary matters) Schedule-44 (Relating to sub-section (1) of Section 132) Form of notice of judgment By........... Notice of judgment (Seal of the court) Date: Submitted to: Schedule-45 (Relating to sub-section (1) of Section 136) Form of memorandum of appeal Respondent/complainant/accused Case:............... case..............awarding punishment of.......... to me/us and ordering the recovery of the claimed amount or compensation from me/us; Now, therefore, I/we have made this appeal on the matters with which I/we am/are not satisfied, by serving the sentence awarded by the judgment/ furnishing a bail/bond/guarantee for the same. My/our statements are as follows: 1................ 2................ 3................ 4................ Submitted to: Schedule-46 (Relating to sub-section (6) of Section 140) Form of Counterclaim To be filled by the court Registration No. Criminal Procedure Code
Criminal Procedure Code

: 4................ Respondent's: Date: Name: Address: Signature or thumb impression: Schedule-47 (Relating to Section 150) Form of Appellate Judgment ...........Court Branch of........... Appellate Judgment Case..............Number...............of the year.................... ........................................................................................................................ (Decision of the court along with the reasons for the same) Date: Signature of the judge: Schedule-48 (Relating to Section 150) Form of Reference Judgment ...........Court Branch of........... Reference Judgment Case..............Number...............of the year.................... ........................................................................................................................ (Decision of the court along with the reasons for the same) Date: Signature of the judge: Schedule-49 (Related to sub-section (4) of Section 151) Form of order for arrest in pursuance of judgment Order issued by......... Directed to the police office.......... Date..... Signature of the judge: Seal of the court: Schedule-50 (Relating to Section 171) Form of index of documents .............................................versus....................................... Case: Case-file number.........of year........ |Serial<br>number of<br>documents|Short<br>description of<br>documents|Name of<br>parties<br>submitting<br>documents|Date of<br>submission of<br>documents|Signature of<br>employee| |---|---|---|---|---| |||||<br> <br> <br> <br> <br>| Signature of preparer: Signature of certifier: Criminal Procedure Code