yamraj047/nepali-legal-rag-data huggingface dataset:
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
Subsection (5)
(1) If any party to a case, out of the several If two courts hold divergent views on which of the cases filed in such courts should be adjourned, the courts shall send their respective report to the appeal hearing court.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
Subsection (6)
(1) If any party to a case, out of the several In the circumstance referred to in sub-section (5), even a party to the case may make petition to the concerned appeal hearing court.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
Subsection (7)
(1) If any party to a case, out of the several If a report has been sent pursuant to sub-section (5) or a petition is made by the party pursuant to sub-section (6), the court shall act in accordance with the order of the appeal hearing court, in relation to such case.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
Subsection (8)
(1) If any party to a case, out of the several If the court hearing appeal from the two courts holding divergent views referred to in sub-section (5) is not the same, such matter shall be submitted to the Supreme Court, and it shall be done as per the order of the Supreme Court.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
Subsection (9)
(1) If any party to a case, out of the several If the court so deems necessary, it may give notice to and hear the concerned parties before adjourning the case or passing an order for adjournment pursuant to this Section.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
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 109 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: (a) In the case of an accused who does not appear subsequent to a deposition made in or statement of defense submitted to the court, the case shall not be liable to adjournment, and the court shall adjudicate the case upon taking and examining the proof and evidence adduced by the plaintiff and the defendant and such other evidence as the court thinks reasonable, (b) In relation to a case of offence punishable by a sentence of imprisonment for a term of three 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 98: To adjourn case in the event of failure of accused to appear:
Subsection (2)
(1) If any case is to be adjourned pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 98: To adjourn case in the event of failure of accused to appear:
Subsection (1)
(1) , the court shall postpone all the proceedings of the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 98: To adjourn case in the event of failure of accused to appear:
Subsection (3)
(1) 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 110 information thereof to the complainant and proceed and adjudicate the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 98: To adjourn case in the event of failure of accused to appear:
Subsection (4)
(1) 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 revive the case so adjourned and proceed and adjudicate it in the case of such accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 98: To adjourn case in the event of failure of accused to appear:
Subsection (5)
(1) If an accused does not appear or is not caused to appear in the court even until the period during which the case can be subject to adjournment pursuant to sub-section (1), the proceeds acquired from the auction sale, under the law in force, of the property attached pursuant to sub-section (15) of Section 58 shall, upon the judgment in that case convicting the accused, be credited to the consolidated fund of the Government of Nepal.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 98: To adjourn case in the event of failure of accused to appear:
Subsection (6)
(1) Where an accused appears or is caused to appear in the court prior to the adjudication of the case and the accused produces any evidence to the satisfaction of the court that the accused could not appear by the reason that he or she was ignorant of the case instituted against him or her, the court shall order that the property attached be returned to him or her by deducting or realizing the following expenses: (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 111 the case of him or her in any matter related to the proceedings of the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 98: To adjourn case in the event of failure of accused to appear:
Subsection (7)
(1) 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 defendant in any other case filed in the same court or in any other court, such case shall not be deemed to be adjourned, and the court may order such accused to appear in the court to proceed such case.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 98: To adjourn case in the event of failure of accused to appear:
Subsection (8)
(1) Such case may be revived, proceeded and adjudicated, in spite of the failure of the accused to appear in pursuance of the order referred to in sub-section (7). 112
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 99: Evidence to be produced:
Subsection (2)
(1) All of his or her witnesses, Such documents, exhibits and evidences specified pursuant to sub-section (1) as, by the nature of such documents, exhibits or evidences, should be in his or her possession or obtainable by him or her shall be produced by the plaintiff with the complaint, by the defendant with the statement of defense and by the accused while making deposition.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 99: Evidence to be produced:
Subsection (3)
(1) All of his or her witnesses, Notwithstanding anything contained in sub-section (1) or (2), the following provisions shall apply to the following matters: (a) If the accused, in making deposition, or the defendant, in submitting the statement of defense, 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, 113 (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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 99: Evidence to be produced:
Subsection (4)
(1) All of his or her witnesses, Any party to the case shall, in producing any documentary evidence pursuant to sub-section (2), submit such number of copies of the document as is more by one copy than the number of opponents. Provided that it shall not be required to submit copies of such document in any case under Schedule-1 or Schedule-2. Explanation: For the purposes of this Section, the term “copy” means a photocopy or any other copy of a document.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 100: Originals to be returned:
(1) If any document is produced before the court pursuant to sub-section (2) of Section 99, the court shall cause its employee to verify whether the copy, submitted pursuant to sub-section (4) of the said Section, corresponds to the original or not.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 100: Originals to be returned:
Subsection (2)
(1) If any document is produced before The employee making verification pursuant to subsection (1) shall, upon verification, sign each page of the document setting down therein that the copy is true according to the original, get the party submitting the document to sign the same and authenticate it with the seal of the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 100: Originals to be returned:
Subsection (3)
(1) If any document is produced before After the authentication made pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 100: Originals to be returned:
Subsection (2)
(1) If any document is produced before , such employee shall affix the seal of the court on, sign and date, 114 the reverse side of the original, and thereupon return it to the party submitting it.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 100: Originals to be returned:
Subsection (4)
(1) If any document is produced before 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).
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 101: Party to cause attendance of witness:
(1) The concerned party shall cause the attendance of any witness of each case filed in the court on the day appointed by the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 101: Party to cause attendance of witness:
Subsection (2)
(1) The concerned party shall Notwithstanding anything contained in sub-section (1), if, in any specific case in which the defendants are in attendance at the time when the case is filed, the plaintiff or the defendant or both may produce their respective evidence of witness before the court at the time of filing of the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 101: Party to cause attendance of witness:
Subsection (3)
(1) The concerned party shall In producing a witness pursuant to sub-section (1) or
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 101: Party to cause attendance of witness:
Subsection (2)
(1) The concerned party shall , the concerned investigating authority or his or her office shall produce the witness of prosecution in any case under Schedule-1 or Schedule-2, through the government attorney office.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 101: Party to cause attendance of witness:
Subsection (4)
(1) The concerned party shall The evidence of a witness who fails to appear on the date appointed for appearance for the examination of witness pursuant to sub-section (1) shall not be taken into the case. Provided that if the witness fails to appear owing to a force 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 101: Party to cause attendance of witness:
Subsection (5)
(1) The concerned party shall If the process of examination of witness has not begun by the reason that all defendants to any case set forth in Schedule-1 115 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 101: Party to cause attendance of witness:
Subsection (6)
(1) The concerned party shall If a request is made pursuant to sub-section (5) and such reason is reasonable, the court may, assigning the reasons for the same, take deposition of such witness immediately.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 101: Party to cause attendance of witness:
Subsection (7)
(1) The concerned party shall The party and opposite party to a case in attendance shall be allowed to make cross-examination of the deposition made by the witness pursuant to sub-section (6), and if there does not exist such situation, the party in attendance subsequently may make rebuttal subsequently only to the extent of the contents of the deposition.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 102: Examination of expert witness: If an expert who expresses an
expert opinion in any case related to a heinous or grievous offence in which the Government of Nepal is plaintiff dies or has resided abroad for a long time and is not able to return to Nepal or it is not possible to examine him or her for any other reason, expert opinion may be obtained from another expert in the same field who is equal to or superior to such expert witness.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 103: Cross examination of the co-accused: If, in examining evidence
pursuant to this Chapter, any co-accused makes accusation against another co-accused, such co-accused may make cross-examination to the extent of such accusation.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 104: Provisions relating to documentary evidence:
(1) The court shall cause the parties to a case to produce the originals of documentary 116 evidence on the date appointed for appearance for examining evidence and show the document produced by one party to the other.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 104: Provisions relating to documentary evidence:
Subsection (2)
(1) The court shall 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 104: Provisions relating to documentary evidence:
Subsection (3)
(1) The court shall Notwithstanding anything contained in sub-section (2), if, in the process of showing any documentary evidence produced by one party to the other party, the other party, mentioning that he or she is not able to confirm immediately whether such document is genuine, forged or fraud, makes request for time for that purpose, the court may, as required, appoint a date for not more than seven days, and shall give information thereof to the other party, and record the deposition of that party on that appointed date and also examine the evidence produced by that party in that connection if that party states that the document is forged or fraud. Provided that in the case of a party who is absent or not represented on the date appointed for appearance for the examination of evidence, it shall not be necessary to show the document to, or record the deposition of, that party pursuant to this Section.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 104: Provisions relating to documentary evidence:
Subsection (4)
(1) The court shall Notwithstanding anything contained in sub-section (3), if any party, due to a force majeure event, remains absent on the date 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 117 representative shall be given an opportunity to make expression accordingly.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 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 104, if the other party names it as a forged or fraudulent document, the reverse side of such original shall be signed by both the parties, by the concerned employee and bear the seal of the court and thereupon be sealed and recorded in the case-file safely and if there is no space to affix signature or thumb impression, separate paper shall be added to the deed with signature or thumb impression at the joints.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 106: Witness to be examined on fixed day:
(1) The deposition of all witnesses in attendance on the date appointed for appearance for the examination of witness shall be taken; and only where it is not possible because of the time factor to complete the taking of the deposition of all witnesses in attendance on that day, the deposition of such witnesses shall be taken on the next day on which the court remains open.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 106: Witness to be examined on fixed day:
Subsection (2)
(1) The deposition of all Prior to making a deposition by a witness who appears to make such deposition pursuant to sub-section (1), the witness shall take an oath that he or she will state noting but the truth, in the form referred to in Schedule-37 in a manner to be heard by others, and such oath shall be recorded in the concerned case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 106: Witness to be examined on fixed day:
Subsection (3)
(1) The deposition of all The deposition of a witness taken down shall be recorded in the form referred to in Schedule-38. 118
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 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 examine such witness on commission, the court shall give information thereof to the parties to the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 107: Power to examine witness on commission:
Subsection (2)
(1) Notwithstanding If any party to the case so desires, the party may make a petition, accompanied by the reasons, to the court that any interrogatories which the party wishes to be asked to the witness be included in the commission referred to in sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 107: Power to examine witness on commission:
Subsection (3)
(1) Notwithstanding If any petition is made pursuant to sub-section (2) and the court deems reasonable to have such interrogatories included in a commission, it may order that such interrogatories be also included in the commission; and the interrogatories of the commission shall be framed accordingly.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 107: Power to examine witness on commission:
Subsection (4)
(1) Notwithstanding The form of a commission shall be as set forth in Schedule-39.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 107: Power to examine witness on commission:
Subsection (5)
(1) Notwithstanding If, in examining a witness on commission pursuant to sub-section (1), any party to the case so desires, the party may appear in the court to which the commission is directed and examine, crossexamine or re-examine the said witness in accordance with the prevailing law on evidence.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 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. 119 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 108: Deposition to be taken before bench:
Subsection (2)
(1) The deposition of a While so taking the deposition of a witness pursuant to sub-section (1), the concerned parties to the case shall be given information thereof and also provided with an opportunity to make examination pursuant to sub-section (5) of Section 107.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 109: Witness may be examined through video conference:
(1) If it is not possible to produce before the court a witness required to be examined pursuant to this Chapter because of the witness being physically infirm or a child or for security reason, the concerned party may, setting out that matter, make a petition to the court for the examination of such witness through video conference.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 109: Witness may be examined through video conference:
Subsection (2)
(1) If it is If the court makes an order for the examination of any specific witness through video conference, the witness shall be examined accordingly.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 109: Witness may be examined through video conference:
Subsection (3)
(1) If it is If a petition referred to in sub-section (1) is made and the reason set forth therein seems to be reasonable or the court makes an order pursuant to sub-section (2), the court may, notwithstanding anything contained elsewhere in this Act, examine such witness through video conference.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 109: Witness may be examined through video conference:
Subsection (4)
(1) If it is In making video conference pursuant to sub-section (3), the concerned party to the case may, with the permission of the 120 court, appear before such conference room and examine, crossexamine or re-examine the witness.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 109: Witness may be examined through video conference:
Subsection (5)
(1) If it is 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 109: Witness may be examined through video conference:
Subsection (6)
(1) If it is The record of examination of a witness through video conference shall be maintained in the form referred to in Schedule40.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 110: Demeanor, appearance etc. of witness may be recorded:
(1) The judge may record such remarks as he or she perceives material respecting the demeanor of a witness whilst under examination, and such remarks may include how was the behavior and appearance of the witness, whether the witness was excited or disappointed while answering the questions put to him or her and what the reflection was as to the truth or untruth of the replies made by him or her from his or her facial expression.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 110: Demeanor, appearance etc. of witness may be recorded:
Subsection (2)
(1) The The note made pursuant to sub-section (1) shall be signed by the judge and kept in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 110: Demeanor, appearance etc. of witness may be recorded:
Subsection (3)
(1) The The judge may take into consideration of the note referred to in sub-section (1) while making appraisal of the deposition of the witness as evidence.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 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 121 reasons thereof, make an order to that effect, such witness may be summoned and examined again.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 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 to enforce the attendance of any witness who is related with criminal case in which the Government of Nepal is plaintiff but who does not appear on the day appointed by the court for appearance for the examination of evidence and the examination of such witness is expedient in view of the gravity of the offence or the production of any document or exhibit by such witness.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 112: Summons or warrant for arrest may be issued to witness ought
Subsection (2)
If a petition referred to in sub-section (1) is made and the court considers such petition to be reasonable and perceives that the examination of such evidence is necessary, the court may summon such witness to appear before the court within a maximum period of fifteen days and examine him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 112: Summons or warrant for arrest may be issued to witness ought
Subsection (3)
If a summons is issued pursuant to sub-section (2), such witness shall appear within the specified time-limit, except for a reasonable reason.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 112: Summons or warrant for arrest may be issued to witness ought
Subsection (4)
If a witness fails to appear within the time-limit specified pursuant to sub-section (3), the court may impose a fine not exceeding two thousand rupees on such witness, issue a warrant for arrest and take deposition of such witness when he or she is so arrested and brought before it.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 112: Summons or warrant for arrest may be issued to witness ought
Subsection (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), 122 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 112: Summons or warrant for arrest may be issued to witness ought
Subsection (6)
A summons or warrant for arrest issued pursuant to this Section shall be served pursuant to Chapter-6.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 113: Daily and travel allowance and security to be provided to
witness: (1) The concerned police office shall provide witnesses, who appear before the court, on behalf of the Government of Nepal, in any case related to any offence under Schedule-1 or Schedule-2, with such daily and travel allowance as is receivable by the nongazetted first class government employee, and expert witnesses with such daily and travel allowance as is receivable by the gazetted third class government employee under the law in force.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 113: Daily and travel allowance and security to be provided to
Subsection (2)
If any government employee appears before the court as a witness or expert, the office where the employee is serving shall provide him or her with the daily and travel allowance receivable by such employee under the law in force.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 113: Daily and travel allowance and security to be provided to
Subsection (3)
The Government of Nepal shall make necessary arrangement for the security of a witness referred to in sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 113: Daily and travel allowance and security to be provided to
Subsection (1)
.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 114: To protect witness or victim:
(1) If any person who is a witness in 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 123 may make a petition, setting out the reason for the same, to the court for making security arrangement.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 114: To protect witness or victim:
Subsection (2)
(1) If any person who is a witness in 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 114: To protect witness or victim:
Subsection (3)
(1) If any person who is a witness in If an order is made by the court pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 114: To protect witness or victim:
Subsection (2)
(1) If any person who is a witness in , it shall be the duty of such body to make arrangement for such security.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 114: To protect witness or victim:
Subsection (4)
(1) If any person who is a witness in No question shall be raised in any court about any measure followed pursuant to the order made by the court for the protection of witness pursuant to this Section.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 114: To protect witness or victim:
Subsection (5)
(1) If any person who is a witness in The police shall provide security to the victim of any particular offence or witness of any case if information is obtained that such person is under undue coercion, threat or having adverse impact on the security of his or her body from the opponent as being the witness thereof.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 115: Witness or evidence may be examined even outside the State of
Nepal: (1) If any court needs to examine any witness or evidence that is outside the State of Nepal or issue a commission to that effect in relation to any case pending before it, the examination of such witness or evidence or the issuance of such commission may be effected in accordance with the law in force on mutual legal assistance.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 115: Witness or evidence may be examined even outside the State of
Subsection (2)
The form of commission to be used pursuant to subsection (1) shall be as set forth in Schedule-41. 124
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 115: Witness or evidence may be examined even outside the State of
Subsection (3)
The witness or evidence examined pursuant to subsection (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.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 115: Witness or evidence may be examined even outside the State of
Subsection (4)
If the examination of a witness or evidence required to be examined or has been examined pursuant to this Section in a language other than the Nepali language, an authentic translation of the record of such examination or evidence into the Nepali language shall be submitted to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 115: Witness or evidence may be examined even outside the State of
Subsection (5)
If it is necessary to examine any witness from outside the State of Nepal or make his or her deposition in the course of investigation or trial of any case, such deposition may be conducted by means of video conference or other similar technology as prescribed for that purpose.
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 115: Witness or evidence may be examined even outside the State of
Subsection (6)
Arrangement shall be made for keeping records of the deposition made by the witness in the course of witness testimony or deposition conducted in accordance with sub-section (5).
The National Criminal Procedure (Code) Act, 2017
Chapter-11: Provisions Relating to Examination of Evidence
Section 115: Witness or evidence may be examined even outside the State of
Subsection (7)
Notwithstanding anything contained elsewhere in this Chapter, nothing shall be deemed to prevent the trying and settling of a case by the reason only that evidence cannot be examined pursuant to this Section. 125
The National Criminal Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Withdrawal, Compromise and Mediation of
Section 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-12: Provisions Relating to Withdrawal, Compromise and Mediation of
Section 116: Not to withdraw cases:
Subsection (2)
(1) No case once filed in the court on any Notwithstanding anything contained in sub-section (1), any case other than any of the following cases may be withdrawn: (a) A case relating to the offence of forged passport or citizenship, immigration, corruption, human trafficking and transportation, smuggling and transaction of narcotic drugs, poaching of, and illicit trade in, wildlife, adulteration of goods of public consumption with poison, murder by administrating poison, in a cruel or inhumane way or by taking control, money laundering, or ancient monuments protection, (b) A case related to the offence under Section 56 of
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 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 the defendant and the victim make a petition to the Government of Nepal for the execution of compromise, the Government of Nepal may, if it deems it reasonable, make an order to have such compromise executed through the government attorney in respect of such case.
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 118: Procedures for making compromise:
(1) The parties shall, if they desire to compromise a case pursuant to Section 117, submit to the court a joint petition, bearing signature or thumb impression of both the parties, setting out the terms of compromise intended to be made within the limits of the plaintiff's claim.
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 118: Procedures for making compromise:
Subsection (2)
(1) The parties shall, if they If a petition containing the terms of compromise is submitted to the court pursuant to sub-section (1), the court shall read out the petition to the parties and ask the parties making such petition whether they intend to enter into compromise with free will and consent or not.
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 118: Procedures for making compromise:
Subsection (3)
(1) The parties shall, if they If, in response to a question asked pursuant to subsection (2), the parties reply that they are willing to compromise with 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. 128
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 118: Procedures for making compromise:
Subsection (4)
(1) The parties shall, if they 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 119: Consequences of withdrawal or compromise of cases:
(1) If the Government of Nepal withdraws any case pursuant to Section 116, no case shall be instituted again against the accused of that case in respect of the same offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 119: Consequences of withdrawal or compromise of cases:
Subsection (2)
(1) If the If the compromise of a case is made pursuant to Section 117, no action or case shall be capable of being instituted subsequently between the same parties in respect of the same matter. Provided that nothing contained in this sub-section shall bar the making of a petition claiming that any party has not complied with the terms contained in the deed of compromise.
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 120: Mediation may be made:
(1) If the parties to any case related with any offence under Schedule-4 so agree or the court considers appropriate to refer such case for mediation, the court may order to refer such case for mediation at any time and stage, getting the parties to choose the mediator and specifying the mediator if the parties fail to do so.
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 120: Mediation may be made:
Subsection (2)
(1) If the parties to any case related with If an order is made pursuant to sub-section (1), the parties to the case shall appear before such mediator.
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 120: Mediation may be made:
Subsection (3)
(1) If the parties to any case related with 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. 129
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 120: Mediation may be made:
Subsection (4)
(1) If the parties to any case related with Upon receipt of a deed of compromise referred to in sub-section (3), the court shall authenticate such deed.
The National Criminal Procedure (Code) Act, 2017
Chapter-22: 126
Section 120: Mediation may be made:
Subsection (5)
(1) If the parties to any case related with 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. 130
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 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 she is accused, all facts related with such offence, the evidence produced by the complainant in support of the charge and punishment imposable on him or her if such charge is proved shall be clearly stated to him or her, and the claim made in the charge sheet shall be read out by the court to him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 121: Charge to be read out to the accused:
Subsection (2)
(1) When the accused While stating and reminding the charge and punishment imposable on such charge pursuant to sub-section (1), the court shall also state which charge is based on which proof, evidence or document, and provide him or her with opportunity to see each proof, evidence or document, or to obtain a copy thereof if he or she so wishes.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
(1) After reading out the charge and punishment imposable on such charge to the accused pursuant to Section 121, the court shall ask him or her whether he or she has any statement to make on that charge and record his or her deposition.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
Subsection (2)
(1) After reading out the If any accused who has already appeared in the court 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. 131
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
Subsection (3)
(1) After reading out the Before recording the deposition pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
Subsection (1)
(1) After reading out the , 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.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
Subsection (4)
(1) After reading out the In the process of reminding the accused of the matters pursuant to sub-section (3), the demand, if any, made by the government attorney offering a reduction in sentence against him or her and the relevant provision of the law in force shall also be stated to him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
Subsection (5)
(1) After reading out the In recording the deposition of the accused pursuant to this Section, each question and answer to such question shall both be recorded, and where deposition has been taken through video conference, such deposition shall also be recorded.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
Subsection (6)
(1) After reading out the After recording the deposition referred to in sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
Subsection (5)
(1) After reading out the , signature or thumb impressions of the accused shall be taken on such record and the judge also shall sign it. Provided that where deposition has been made through video conference, the judge shall authenticate such matter.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
Subsection (7)
(1) After reading out the If, in taking deposition of the accused pursuant to this Section, any matter is omitted to be inquired with him or her, the court may summon the appearance of such accused and take redeposition of the omitted matter from him or her.