chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Criminal Procedure Code

To hold the accused in detention: (1) If, based on the evidence available for the time being, any person accused of the following offence appears to be guilty of the offence or there is any reasonable (a) If the accused pleads guilt of the charge made against him or her before the court, (b) If the accused charged with an offence punishable by a sentence of imprisonment for a term of one year or more has no permanent abode in Nepal and there is a possibility that the accused might abscond and might not be apprehended subsequently if he or she is not remanded in detention, (c) If the accused, being default in making appearance within the time-limit in pursuance of accused: (1) Except in the case referred to in Section 67, the court may ask for a bail/bond, guarantee or bank guarantee from the accused if there exists a reasonable ground for proving the charge against the accused. Provided that the bank guarantee shall be unconditional and renewable at such times as may be specified by the court. (2) The court shall remand in detention any accused who fails to furnish bail/bond, guarantee or bank guarantee pursuant to sub-section (1). bank guarantee from the accused pursuant to Section 68; and nothing shall be deemed to prevent the court from remanding the accused in detention or demanding a bail/bond, guarantee or bank guarantee from the accused subsequently by the reason only that the accused was not remanded in detention or that a bail/bond, guarantee or bank guarantee was not taken from him or her earlier. (2) If the court has any reasonable ground to prove that the accused remanded in detention pursuant to Section 67 or 68 is not guilty of the offence, the court may, irrespective of the stage of such accused from detention. any offence and sentenced for the same or not, (e) Whether he or she has committed several offences on the same occasion or not, (f) Sentence imposed or imposable on him or her, and compensation to be borne by him or her, (g) Consequences resulted from the offence, (h) Whether he or she has pleaded guilty of the offence or not, (i) Where the accused is a helpless or infirm person or pregnant woman or woman accompanying a baby whom she breast feeds. (2) If any party to a case makes a petition to the appeal hearing court showing the reason that the amount of a bail/bond, the amount of bail/bond shall be forfeited if such person fails to appear at the time and place specified by the court. (2) While taking a guarantee or bank guarantee pursuant to this Act, the court shall fix the amount of guarantee and take security of property equal to such amount. Criminal Procedure Code
Criminal Procedure Code

(3) If a person required to furnish a guarantee furnishes the security of his or her property, the court shall cause a deed to be executed by such person in the form referred to in Schedule-30 containing the condition that the amount of guarantee shall be recovered from the property so furnished as security or from any such time and place as specified by the court. bail/bond pursuant to this Chapter fails to appear in the court, the bail/bond furnished by him or her shall be forfeited. (2) If any immovable property has been furnished as a bail/bond pursuant to sub-section (1), the property equal to the amount to be paid by such person shall be sold or recovered and the rest property shall be returned to him or her. 76. Amount of bail/bond may be returned and guarantee released: (1) If the court remands the accused in detention pursuant to this Chapter in a case filed in the court, the bail/bond or guarantee the offence. (a) This Section shall not apply to any person who is accused of an offence punishable by a sentence of imprisonment for life or imprisonment for a term of ten years or more if such person is held in detention pursuant to Section 67. (b) The court may, if it thinks reasonable, proceed the case by remanding a recidivist in detention. (2) If any court issues order to release any accused pursuant to sub-section (1), it shall give information thereof to the appeal hearing court not later than three days after the issue of such release order. 78. Maximum allowable period of detention: Notwithstanding anything contained elsewhere in this Chapter, no accused shall be Chapter-8 Provisions Relating to Appointed Date 81. Appointment of date for appearance by assigning reason: (1) A court shall, in so doing, appoint the date for appearance upon specifying each proceeding required to be conducted in the presence appointed date for appearance. (2) The concerned employee shall mention in the book of appointed date for appearance maintained pursuant to sub-section (1) the date appointed for appearance and the purpose for which that date is so appointed and signed it, cause the parties to the case who are present to affix signature or thumb impression on it, and maintain a receipt of acknowledgement of the date for appearance in the form referred to in Schedule-34, to be recorded in the case-file. (3) If any party does not appear in the court on the date appointed for appearance pursuant to sub-section (2), the concerned employee shall record that matter in the book of appointed date for appearance, and sign it. (2) While appointing a date for appearance pursuant to sub section (1), it shall be appointed in accordance with the schedule of business specified in relation to the proceedings of the case. 85. Criminal Procedure Code
Criminal Procedure Code

To appear on appointed date for appearance : (1) Where a date is appointed by the court for appearance for any proceeding, the accused or defendant shall appear in the court on that appointed date for appearance. Provided that if any party to a case makes a petition showing court may order the concerned prison to produce that person at the time of trial. 86. Consequences of absence of parties on appointed date for appearance: (1) If the plaintiff does not appear on the date appointed for trial and proceeding in any case related to an offence under Schedule-4, the court shall appoint another date for appearance in estimation of the time-limit that can be extended by him or her pursuant to the proviso to sub-section (1) of Section 85. (2) If the party to a case appears on or before the other date (4) Even though the accused or defendant does not appear in the court subsequent to a deposition or statement of defense made in the court pursuant to this Act, the court may proceed and adjudicate the case in accordance with law. 87. Power to issue warrant for arrest and attach property: (1) Notwithstanding anything contained in Section 86 , if any accused has failed to appear on the previous appointed date for appearance, the court may, if it is of the opinion that the accused should be arrested and produced before it, issue a warrant for his or her arrest property of, such accused. Chapter-9 Provisions Relating to Attorney 89. Attorney may be appointed: (1) If any party to a case is unable to appear in person to file a complaint, memorandum of appeal or statement of defense, submit evidence, recover the claimed amount, pursuant to this Act or is a person who is remanded in detention as a consequence of his or her failure to furnish such bail/bond or guarantee as demanded to be furnished by him or her, (d) If the court so thinks necessary on any reasonable ground and orders the party to a case to appear personally in the court despite the circumstance that an attorney is already or may be appointed, (e) Except where a person who is a foreign national or whose nationality is not known is in detention or has already furnished a bail/bond or guarantee, if such person fails to furnish a bail/bond or guarantee of an amount equivalent to the sentence which can be imposed on him or her upon judgment in the case in accordance with law, in force, (b) Not having been sentenced for forgery, fraud, corruption or any other criminal offence involving moral turpitude, Provided that nothing contained in this clause shall prevent any party to a case from appointing any of his or her joint family relatives as his or her attorney. (c) No government claimed amount pursuant to any decision or fee, court fee, penalty or fine payable to the court in the execution of judgment being due and payable. Criminal Procedure Code
Criminal Procedure Code

(5) In appointing an attorney pursuant to sub-section (1), a Schedule-36, stating the following matters: five percent fee imposed pursuant to a court order is not due and payable, (e) The act authorized to be done by the attorney. (7) A power of attorney shall bear signature or thumb impression of the party appointing the attorney and the witnesses. 90. Person may become attorney of more than one person simultaneously: A person may become an attorney of more than one person simultaneously. Provided that a person who is an attorney of a party to a case shall not also become an attorney of the opposite party to the same case or a case related to that case. attorney. party may, at any time, revoke the power of attorney and carry out acts pertaining to the case in person or appoint another person as his or her attorney. (2) In the event of the revocation of the power of attorney and carrying out of acts pertaining to the case by a party in person, the concerned party shall give information thereof through petition to the court. 94. Not to arrest attorney: No attorney shall be arrested for any sentence imposed on, or liability to be borne by, the party upon passing judgment in the case. an attorney: sentence of imprisonment for a term not exceeding five years cannot appear in the court on the appointed date for appearance because of her delivery or any other reason. court considers its contents to be reasonable, it may, assigning the reasons to be recorded, grant permission to him or her to appoint an attorney, with or without specifying the period, subject to the other provisions contained in this Chapter. Chapter-10 Provisions Relating to Transfer and Adjournment of Cases 96. Power to transfer cases: (1) The Supreme Court may, if there exists a circumstance referred to in clause (1) of Article 134 of the Constitution of Nepal, procure a case sub-judice in any High Court from such Court, and proceed, hear and adjudicate it. concerned court shall submit a report, setting out such matter, to the appeal hearing court, and upon receipt of such report, the appeal hearing court may, also considering the convenience of the parties, transfer such case to another court of equal jurisdiction that is subordinate to its territorial jurisdiction. (6) If an order is made pursuant to sub-section (2), such court shall, in accordance with the order of the Supreme Court, proceed, hear and adjudicate the case. (7) Even if any case is adjudicated by another court pursuant to sub-section (2), (3) or (5), appeal from the judgment court where the plaint has been registered originally. Criminal Procedure Code
Criminal Procedure Code

case filed in it, give information thereof, accompanied by a copy of the judgment, to the court adjourning the case within thirty days after the date of judgment, and upon receipt of such information, the court adjourning the case shall resume the proceedings of the case by giving a written notice thereof to the parties to the case and appointing the date for appearance, and hear and adjudicate the case. (4) Notwithstanding anything contained in sub-section (3), if such parties are also parties to the case referred to in sub-section (3), the court adjudging the case shall order them to appear in the court adjourning the case not later than fifteen days. court. and hear the concerned parties before adjourning the case or passing an order for adjournment pursuant to this Section. 98. To adjourn case in the event of failure of accused to appear: (1) If an accused against whom a warrant for arrest has been issued pursuant to Section 57 does not appear or cannot be caused to appear before the court even within thirty-five days after the date of the issuance of the warrant for arrest to the accused, the court shall adjourn the case in the case of that accused and hear and adjudicate the case, upon taking and examining evidence, in the case of the other accused involved in that case. Provided that: years or less, judgment shall be made in that case based on the appreciation of evidence, also in the case of the accused or defendants failing to appear in the court. (3) If a case is adjourned pursuant to sub-section (1) and the accused appears or is caused to appear in the court prior to the adjudication of the case, the court shall revive the proceeding, give information thereof to the complainant and proceed and adjudicate the case. (4) If an accused does not appear or is not caused to appear in the court within a period of three years after the date of adjournment of the case pursuant to sub-section (1), the court shall of such accused. (a) The expenses incurred in attaching the property where it has not yet been sold, (b) The expenses incurred in publishing a public notice for his or her appearance in the court or in the case of him or her in any matter related to the proceedings of the case. (7) Notwithstanding anything contained elsewhere in this Section, if a case filed in a court is adjourned and a report or information is received that the accused has appeared as a plaintiff or Chapter-11 Provisions Relating to Examination of Evidence 99. Evidence to be produced: (1) All of his or her witnesses, documents, exhibits and evidences shall be specified in the complaint by the plaintiff, in the deposition by the accused, and in the statement of defense by the defendant. Criminal Procedure Code
Criminal Procedure Code

makes a request that another date for appearance be appointed for producing any document, exhibit or evidence that cannot be produced immediately, the court may appoint another date for appearance up to a period of one month, (b) In the case of taking and examining evidence related to the offence of forgery or fraud pursuant to sub-section (3) of the Section 104, the provisions of that Section shall apply, (c) If, during the trial of the case, there arises a circumstance requiring the production of any additional evidence in support or rebuttal of any new fact, the concerned party may produce such additional evidence with the permission of the court. authenticate it with the seal of the court. (3) After the authentication made pursuant to sub-section (2), such employee shall affix the seal of the court on, sign and date, the reverse side of the original, and thereupon return it to the party submitting it. (4) If the court so wishes, it may, as required, order the concerned party to re-submit the original of a document returned pursuant to sub-section (3). majeure event and the party makes a petition setting out the matter, the court may appoint another date for appearance for the examination of such witness. (5) If the process of examination of witness has not begun by the reason that all defendants to any case set forth in Schedule-1 or Schedule-2 of this Act are not present, any party may, showing that the production of witnesses cannot be enforced subsequently if they are not produced immediately, request that such witnesses be produced immediately and their depositions recorded. (6) If a request is made pursuant to sub-section (5) and such same, take deposition of such witness immediately. deposition. another co-accused, such co-accused may make cross-examination to the extent of such accusation. 104. Provisions relating to documentary evidence: (1) The court shall cause the parties to a case to produce the originals of documentary evidence on the date appointed for appearance for examining evidence and show the document produced by one party to the other. (2) If the other party makes a plea that the document shown pursuant to sub-section (1) was made by means of forgery or fraud, the court shall set down such plea and record the deposition of such party. appointed for appearance for confirming whether a document is genuine or forged, and if the party or his or her representative appears within fifteen days of the appointment of such date and wishes to express any matter about that document, such party or representative shall be given an opportunity to make expression accordingly. 105. Document named as forged or fraud to be kept in the case-file: In the process of showing the original of a document produced by one party to the other party pursuant to sub-section (1) of Section joints. referred to in Schedule-37 in a manner to be heard by others, and such oath shall be recorded in the concerned case-file. Criminal Procedure Code
Criminal Procedure Code

(3) The deposition of a witness taken down shall be recorded in the form referred to in Schedule-38. 107. Power to examine witness on commission: (1) Notwithstanding anything contained elsewhere in this Chapter, if a witness is in a place outside the jurisdiction of the court in which the case is filed or the attendance of such witness cannot be procured for any reason and, in view of the gravity of the case, it so appears necessary to information thereof to the parties to the case. prevailing law on evidence. 108. Deposition to be taken before bench: (1) The deposition of a witness to be taken pursuant to this Act shall be taken before the bench of the judge. Provided that while taking the deposition of a witness who is unable to appear before the court due to physical infirmity, the judge himself or herself may proceed to or send an officer employee subordinate to him or her to the place where such witness is residing or staying, and the evidence of such witness shall be taken by the judge or by such employee in the form of deposition. anything contained elsewhere in this Act, examine such witness through video conference. (4) In making video conference pursuant to sub-section (3), the concerned party to the case may, with the permission of the court, appear before such conference room and examine, cross examine or re-examine the witness. (5) In examining a witness pursuant to sub-section (3), arrangement shall be made to record the matters expressed by such witness, and the court shall maintain records of the video conference. 40. 111. Witness once examined not to be re-examined: A witness who has once been examined shall not be examined again. Provided that if any matter that is essential to be inquired into with such witness has been omitted and the judge, assigning the reasons thereof, make an order to that effect, such witness may be summoned and examined again. 112. Summons or warrant for arrest may be issued to witness ought to be examined: (1) A party to the case may make a petition, accompanied by the reasons for the same, that a summons be issued arrest and take deposition of such witness when he or she is so arrested and brought before it. (5) If any witness is not found or cannot be arrested even upon the issuance of a warrant for arrest pursuant to sub-section (4), the court shall pass judgment in the case, awarding a sentence of imprisonment for a term not exceeding forty-five days, based on the evidence examined, subject to the enforcement of the sentence as and when such witness is arrested or found. (6) A summons or warrant for arrest issued pursuant to this Section shall be served pursuant to Chapter-6. Criminal Procedure Code
Criminal Procedure Code

any case related to any offence under Schedule-1 or Schedule-2 thinks that there is a threat to his or her security while appearing before the court or after making deposition in the court, he or she may make a petition, setting out the reason for the same, to the court for making security arrangement. (2) If a request referred to in sub-section (1) is made, the court may order the concerned body to make arrangement for the security of such witness. security. assistance. (2) The form of commission to be used pursuant to sub section (1) shall be as set forth in Schedule-41. (3) The witness or evidence examined pursuant to sub section (1) shall be deemed to have been examined in accordance with this Act. Provided that details of the witness or evidence so examined shall be certified in accordance with the law of the concerned country. to this Section. Chapter-12 Provisions Relating to Withdrawal, Compromise and Mediation of Cases 116. Not to withdraw cases: (1) No case once filed in the court on any offence under Schedule-1 or Schedule- 2 shall be capable of being withdrawn. ancient monuments protection, Chapter-2, Section 129, 130, 131 or 134 of Chapter-6, Section 138, 139 or 141 of Chapter-7, Chapter-8, Section 167 of Chapter-10, Section 206 of Chapter-16, Chapter-17, sub-section (1), (2) or (3) of Section 219 of Chapter-18, Section 230 or 231 of Chapter-19, or Section 256 of Chapter-22 of Part-2 of the Penal Code, (c) If the withdrawal of a case is prejudicial to the property right of any person, the case in which consent of such person is not available to that extent. (3) The Government of Nepal shall make directives with section (2). withdrawal, assigning the reasons for the same. (8) Notwithstanding anything contained elsewhere in this Section, no case which is under consideration at the stage of appeal, reference, review or revision shall be subject to withdrawal. 117. Compromise may be made: Any case related to any of the offences under Schedule-3 and Schedule-4 may be compromised at any stage whatsoever with the consent of the parties to the case. Provided that if, in a case related to cheating or loss of or damage to any property of the public or foreign employment, both such case. free will and consent, the judge trying the case shall prepare a deed of compromise subject to the terms contained in the joint petition, and take signature or thumb impression of the parties and affix his or her signature on the deed. (4) Except in cases where any one has been authorized by a power of attorney to enter into compromise pursuant to this Chapter, while entering into compromise through an attorney, a separate deed of consent executed by the party to that effect shall be submitted. 119. Criminal Procedure Code