yamraj047/nepali-legal-rag-data huggingface dataset:
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 45: Offences to be tried by court having jurisdiction over area where
offences committed: The power to proceed and adjudicate any case related to any offence shall be vested in the court having jurisdiction over the area where such offence is committed. Provided that the Government of Nepal may, in accordance with law, constitute a separate criminal court or criminal bench in any district for the proceeding and adjudication of such cases.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 46: Offences connected with different areas to be tried by court
having jurisdiction over any of such areas: In the following circumstances, a court having jurisdiction over any area may proceed and adjudicate the case: (a) If any act constituting the offence is done partly in one area and partly in another, by a court having jurisdiction over any of such areas, (b) If any act is done in one area and the offence arises in another area as the consequence of such act, by a court having jurisdiction over any of such areas, (c) If different offences take place in different areas from the same event, by a court having jurisdiction over any of such areas where any of such offences takes place, (d) If an offence is committed in several areas but it cannot be determined in which area the act constituting the offence has been completed, by a court having jurisdiction over any of such areas, (e) In the case of any offence related to kidnapping or hostage-taking, by a court having jurisdiction over either the area where such offence is committed or the area where the kidnapped person or hostage is held, concealed or detained, (f) If the offence is one committed by or against any person performing a journey or one committed in relation to any goods being transported from one place to another, by a court having jurisdiction over either the area where the offence begins or the area where such person visits in the course of journey or the area where such goods are seized or traverse, (g) If the preparation or criminal conspiracy of any offence is made in one area but the act constituting that offence is accomplished in another area, by any court having jurisdiction over either the area where such preparation or conspiracy is made or the area where the act constituting such offence is accomplished, (h) If any offence is committed by means of any letter or other communication or information technology, by any court having jurisdiction over either the area where such letter, communication or information was sent from or the area where the same was received, (i) If an offence is committed along the boundary between two countries, by the court adjoining to such boarder, Explanation: For the purposes of this clause, the term "boarder" includes the no-man's land along the boundary between two countries. (j) In the case of an offence related to property, by the court having jurisdiction over either the area where such offence is committed or the area where the property earned from the offence is concealed, purchased, sold or otherwise exchanged, (k) In the case of any case related to any offence over which universal jurisdiction can be exercised by virtue of any law or any treaty to which Nepal or the Government of Nepal is a party, by such court as designated by the Government of Nepal.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 47: Jurisdiction to try offences committed outside Nepal: If the law in
force provides for punishment in respect of any offence committed outside Nepal or on an aircraft or ship registered in Nepal, such offence shall be proceeded and adjudicated by the court of the district where the person accused of such offence is found and by the District Court of the area where such accused has permanent abode, if such accused is not found.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 48: Proceeding and adjudication of cases filed in two courts or
bodies: (1) Where a case related to any offence, falling under the jurisdiction of more than one court, is filed in more than one court, the case on such offence shall be proceeded and adjudicated by the court in which it has been filed earlier, and, where the case has been filed on the same day, by the court designated by the court hearing appeals from such court where the courts are under the jurisdiction of the same appeal hearing court, and by the court designated by the Supreme Court where the courts are under the jurisdiction of the different appeal hearing courts.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 48: Proceeding and adjudication of cases filed in two courts or
Subsection (2)
Notwithstanding anything contained in sub-section (1), where a case related to any one offence, falling under the jurisdiction of the court and a quasi-judicial body, is filed in the court and the quasi-judicial body, such case shall be proceeded and adjudicated by the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 48: Proceeding and adjudication of cases filed in two courts or
Subsection (3)
Where a case is one which falls under the jurisdiction of courts or judicial bodies of different types, the case shall be proceeded and adjudicated by the respective court or body competent under law, even if it is liable to joint proceedings under sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 48: Proceeding and adjudication of cases filed in two courts or
Subsection (1)
, and clause (a) or (c) of sub-section (2), of Section 54. .
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 49: Cases under jurisdiction of both higher and lower courts to be
tried by higher court: If a case related to an offence falls under the jurisdiction of both the higher and the lower courts pursuant to the law in force or if a case related to a person or offence which is liable to joint proceeding under Section 54, being under the jurisdiction of both the higher and the lower courts, can be so filed or has been filed in such courts, the higher court shall have power to try such case.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 50: Endorsement to be made in cases of lacking jurisdiction or
failing to meet requirements: (1) If, it appears to the court, from the contents of any charge sheet or complaint made to it, that the court is not competent to proceed and adjudicate the case complained or that the complaint does not meet the requirements, the court shall make an endorsement to that effect in that charge sheet or complaint.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 50: Endorsement to be made in cases of lacking jurisdiction or
Subsection (2)
In the case of a complaint which is endorsed pursuant to sub-section (1) by the reason of the lack of jurisdiction, where the day on which such endorsement is made is the deadline of the statute of limitation, the proper court shall, notwithstanding anything contained in the law in force, register the complaint in accordance with law if it is made not later than fifteen days after that day excluding the time required for journey.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 51: Decision as to jurisdiction and statute of limitation to be made
Subsection (1)
Notwithstanding anything contained elsewhere in this Act, where the accused, in making statement in relation to any case, or the defendant, in filing a memorandum of defence, raises a question that the court lacks jurisdiction or the statute of limitation has expired, the court shall initiate other proceedings in such case only after deciding such question, and if the case does not appear to fall under its jurisdiction, the court shall order that it be presented to the proper court.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 51: Decision as to jurisdiction and statute of limitation to be made
Subsection (2)
A petition may be made to the appeal hearing court against the decision made pursuant to sub-section (1), not later than thirty-five days of the date of such decision.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: Jurisdiction of Court
Section 51: Decision as to jurisdiction and statute of limitation to be made
Subsection (3)
A question settled pursuant to sub-section (1) or (2) shall not be raised again in the appeal hearing court. Provided that this provision shall not apply to an interlocutory order made in the course of proceeding of the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Preliminary Proceedings of Cases
Section 52: Commencement of proceedings by the court upon filing of cases
Subsection (1)
Except as otherwise provided in this Act, the court shall commence proceedings in a case related to any offence upon its filing in the court pursuant to this Chapter. Provided that: (a) On an offence of disregarding a court order or contempt of court in any other manner, the court can proceed the case even upon taking a summary statement or written explanation of the accused or upon any other petition or report, (b) Where, in examining evidence in a case by the court, any party makes deposition alleging that any evidence is a forged or fraudulent one, the case may, on the basis of that deposition, be proceeded on the offence of fraud or forgery or on the offence of aid and abetment, making criminal conspiracy or accomplice to such offence, from the same case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-5: Provisions Relating to Preliminary Proceedings of Cases
Section 52: Commencement of proceedings by the court upon filing of cases
Subsection (2)
Except in cases where the proceedings of case have commenced, pursuant to clause (b) of the proviso to sub-section (1), on the charge of committing any offence referred to in Section 81 or 82 of Chapter-3, Sections 89, 90, 91, 92, 93, 97, 98 or 100 of
The National Criminal Procedure (Code) Act, 2017
Chapter-4: conspiracy to, or being accomplice to, any such offence, the court
Section 53: Complaint may be made:
(1) Except as otherwise provided in this Act, the following person may file a complaint in relation to any offence in the court: (a) A person who has suffered injury from the offence, (b) In the case of any matter requiring compliant by a public servant who is deputed elsewhere or abroad in the course of his or her employment, any of his or her immediate successors, (c) In relation to any act or thing required to be done or preserved by any person by virtue of any post, office or any other capacity, the person holding such post, office or capacity, (d) In relation to any matter in which a person with speech or visual impairment, child or person over seventy-five years of age or person who is physically or mentally incompetent is entitled to make complaint, his or her successor living in the joint family and, failing such successor, any other successor or guardian, (e) In relation to any offence involving any body corporate, the director, member, administrator or chief executive officer who is authorized to act as the chief of such body.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: conspiracy to, or being accomplice to, any such offence, the court
Section 53: Complaint may be made:
Subsection (2)
(1) Except as otherwise provided in this A complaint referred to in sub-section (1) shall state the following matters and be in the form referred to in Schedule-21: (a) The name, surname, address (including the street), description, age, occupation or business of the accused, the name of his or her father, mother, husband or wife, (b) The citizenship, passport, driving license of the accused or his or her other descriptions that could enable to find him or her easily, (c) The Village Body or Municipality where the accused is residing or staying, ward number, village, street, block number, if available, and other descriptions of the accused to the extent of availability, (d) If the accused is staying in a rented house, the name, surname and address of the house owner, to the extent of availability, (e) If the accused has no permanent abode, the name, surname and address of the owner of house where the accused is staying, (f) The particulars related to the offence, (g) Where the offender has committed more than one offence at the same time, each count of charge made against him or her, and evidence related thereto, (h) The relevant law to be applied, and the reason for the same, (i) The sentence demanded to be imposed on the accused, and the ground for the same, (j) The injury caused from the offence, and if compensation has to be recovered from the accused, the amount of such compensation and the ground for the same, (k) Other necessary matters.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: conspiracy to, or being accomplice to, any such offence, the court
Section 53: Complaint may be made:
Subsection (3)
(1) Except as otherwise provided in this Any complaint referred to in sub-section (1) shall be accompanied by such number of copies of the complaint as that of the accused and one copy each of the documentary evidences intended to be produced by the complainant. Provided that it is not required to submit copies of the complaint and documentary evidences in a case in which the Government of Nepal is plaintiff.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: conspiracy to, or being accomplice to, any such offence, the court
Section 54: Cases can be instituted together:
(1) A case may be instituted against the following persons upon the same charge sheet, report, complaint, plaint or memorandum of order: (a) Persons who commit the same offence or different offences on the same occasion, (b) Persons who commit one or more than one offence jointly or in connivance with each other, (c) Persons who commit various offences related to each other.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: conspiracy to, or being accomplice to, any such offence, the court
Section 54: Cases can be instituted together:
Subsection (2)
(1) A case may be instituted In the case of the persons involved in the following offence, a case may be instituted upon the same charge sheet, report, complaint, plaint or memorandum of order: (a) Attempt, criminal conspiracy to commit, or abetment of, the offence, (b) Accomplice to the offence, (c) Offence of possessing, buying, selling, giving or taking any thing acquired from the offence, (d) Offence of possessing, buying, selling, giving or taking any thing with the intention of committing the offence, or (e) Offence of hiding any person connected with the offence or aiding such person to abscond.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: conspiracy to, or being accomplice to, any such offence, the court
Section 55: Separate complaint to be made in relation to each offence or
accused: Except as otherwise provided in Sections 53 and 54, a separate charge sheet, complaint or memorandum of order shall be framed or made in relation to each offence or accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-4: conspiracy to, or being accomplice to, any such offence, the court
Section 56: Government of Nepal to be made as plaintiff: A case related to
any of the offences under Schedule-1 and Schedule 2, other than a case instituted upon a complaint referred to in sub-section (2) of Section 52, shall be proceeded by making the Government of Nepal as the plaintiff.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 57: Summons or warrant for arrest to be issued:
(1) After a complaint has been made pursuant to this Act, the court shall, subject to this Chapter, issue a summons or warrant for arrest, as required, to enforce the appearance of any accused who is not present along with the complaint in a case related to an offence set forth in Schedule-1 and Schedule- 2.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 57: Summons or warrant for arrest to be issued:
Subsection (2)
(1) After The court shall, pursuant to sub-section (1), issue a warrant for arrest to enforce the appearance of the accused of the following offence: (a) A heinous or grave offence, (b) An offence of attempt to, abetment of, or criminal conspiracy to, or being accomplice to, any offence set forth in clause (a) or offence of hiding the accused of such offence or aiding such accused to abscond.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 57: Summons or warrant for arrest to be issued:
Subsection (3)
(1) After The court may, as required, issue a summons to enforce the appearance of the accused of any offence other than that referred to in sub-section (2). Provided that if the court has a reasonable reason to believe that the accused has absconded and his or her arrest is unlikely or the accused fails to appear before the court within the time limit specified in the summons, the court may issue a warrant for arrest pursuant to sub-section (2), in the case of such accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 57: Summons or warrant for arrest to be issued:
Subsection (4)
(1) After The court may issue a warrant for arrest to arrest and produce any person who is bound to produce any document, exhibit or evidence required to be produced before the court if there is a reasonable reason to believe that such person is likely to conceal or destruct such document, exhibit or evidence or such person fails to produce such document, exhibit or evidence before the court within the time limit specified in the summons issued pursuant to subsection (3).
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 57: Summons or warrant for arrest to be issued:
Subsection (5)
(1) After With the issuance of a warrant for arrest pursuant to sub-section (4), the court may order any employee or police officer to search the place where the document, exhibit or evidence referred to in that Section is kept and produce such document, exhibit or evidence before the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 57: Summons or warrant for arrest to be issued:
Subsection (6)
(1) After The employee or police officer referred to in sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 57: Summons or warrant for arrest to be issued:
Subsection (5)
(1) After shall search any place in accordance with Section 18.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 57: Summons or warrant for arrest to be issued:
Subsection (7)
(1) After A summons or warrant for arrest to be issued by the court under this Section to enforce the appearance of any accused shall be accompanied by a notice, in the form referred to in Schedule-22, indicating, inter alia, the contents of the complaint.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
(1) A warrant for arrest to be issued by the court pursuant to this Chapter shall clearly state the full name and address of the person to be arrested and the reason for arrest and be in the form referred to in Schedule-23 in the case of an accused person and in the form referred to in Schedule-24 in the case of a witness and other person.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (2)
(1) A warrant for arrest A warrant for arrest issued pursuant to sub-section (1) shall be signed by the concerned authority and bear the seal of the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (3)
(1) A warrant for arrest While issuing a warrant for arrest pursuant to subsection (1), the warrant for arrest shall be directed to the police office of the area where the person to be arrested is or likely to be residing or staying. Provided that the court may, if it deems so necessary, also direct a warrant for arrest to the employee of the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (4)
(1) A warrant for arrest A warrant for arrest issued pursuant to this Section shall remain valid unless and until it is executed or canceled by the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (5)
(1) A warrant for arrest A person to whom a warrant for arrest has been issued may be arrested pursuant to such warrant, and while arresting a person in pursuance thereof, the warrant for arrest shall be shown to, and the notice sent pursuant to sub-section (7) of Section 57 shall also be delivered to, that person.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (6)
(1) A warrant for arrest A person who has been arrested under a warrant for arrest shall immediately be produced before the concerned court as soon as possible but not later than twenty-four hours, excluding the time required for journey.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (7)
(1) A warrant for arrest If the person to be arrested under a warrant for arrest is not found within seven days after the date of receipt by the police of the warrant for arrest, the concerned police office shall continue to search that person, and, subsequent thereto, proceed to his or her house and deliver the 35-day-warrant for arrest issued to him or her, in the form referred to in Schedule-25, to any of his or her family member of legal age, residing jointly with him or her, and retain a receipt thereof in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (8)
(1) A warrant for arrest If the person referred to in sub-section (7) refuses to acknowledge such warrant or is not found, a copy of the warrant shall be affixed to his or her house in presence of a member of the concerned ward committee of the Local Level, and if such member is not available, in presence of at least two local persons, and one copy thereof shall be delivered to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (9)
(1) A warrant for arrest A copy of the warrant affixed to the house where the concerned person is residing or staying pursuant to sub-section (8) shall also be delivered to the concerned ward office of the Local Level and a receipt of its acknowledgement shall be retained in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (10)
(1) A warrant for arrest If a warrant is delivered to it pursuant to sub-section (9), the concerned ward office of the Local Level shall, upon receipt of such warrant, give information thereof to the concerned person and also affix it to its notice board.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (11)
(1) A warrant for arrest Notwithstanding anything contained elsewhere in this Section, if a person under the warrant for arrest appears himself or herself before the court prior to being arrested, he or she shall be arrested and hearing shall be held under law as to whether or not he or she has to be held in detention, and the warrant for arrest issued to him or her previously shall be voided and information thereof given to the concerned authority.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (12)
(1) A warrant for arrest If the court comes to know upon a petition by the party or through any other means that the person under the warrant for arrest is staying in any district other than his or her address, the court may also direct the warrant for arrest to the district where he or she is staying.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (13)
(1) A warrant for arrest If any accused does not appear within the time limit specified in the warrant for arrest issued pursuant to this Chapter and remains absconded or the actual address of the accused cannot be discovered or the place where the accused is staying cannot be found out, the court may publish a notice, containing the description of such accused, in any national daily newspaper and affix the notice to the notice board of the concerned court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (14)
(1) A warrant for arrest Upon the publication of a notice pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (13)
(1) A warrant for arrest , the accused shall be deemed to have duly received the notice, and any police office or employee may, at any time, arrest and produce him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (15)
(1) A warrant for arrest The court may, at any time after the affixation of the notice pursuant to sub-section (8), order the attachment of any property belonging to the person under the warrant for arrest.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (16)
(1) A warrant for arrest If an order for the attachment of property is made pursuant to sub-section (15), the court shall affix a notice of such attachment to its notice board and give information thereof to the concerned Land Revenue Office or other body or organization.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (17)
(1) A warrant for arrest If it receives a precept from the court for the attachment of property pursuant to such-section (16), the concerned Land Revenue Office or other body or organization shall immediately attach such property and give information thereof to the court making such attachment order.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (18)
(1) A warrant for arrest If a property attachment order is made by the court pursuant to sub-section (15), such property shall, notwithstanding anything contained in the law in force, be deemed to have been attached with effect from the date of such order.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 58: Procedure for issuing warrant for arrest:
Subsection (19)
(1) A warrant for arrest After the person to be arrested pursuant to this Chapter appears in the court, the court shall, irrespective of the stage of the proceeding of the case, order the concerned Land Revenue Office or other body or organization to immediately release the property of such person which has been attached pursuant to this Section.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 59: Procedure for issuing summons:
(1) While issuing a summons to an accused person pursuant to this Act, the court shall issue it, specifying the date for making appearance in the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 59: Procedure for issuing summons:
Subsection (2)
(1) While issuing a summons to The summons referred to in sub-section (1) shall be issued to the accused, in the form referred to in Schedule-26, at least fifteen days before the date specified for his or her appearance, if it is a case other than one under Schedule-4, and in the form referred to in Schedule-27, giving a time-limit of fifteen days if the case is related to an offence set forth in Schedule-4.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 59: Procedure for issuing summons:
Subsection (3)
(1) While issuing a summons to Where a summons has not been served at least fifteen days in advance of the time-limit specified pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 59: Procedure for issuing summons:
Subsection (2)
(1) While issuing a summons to for making appearance but has been served prior to the time-limit specified for making appearance, and the accused is unable to appear on the date specified, the accused may make a petition to the court, accompanied by the reason for failure to so appear, within fifteen days of the service of the summons, for the specification of another time-limit for making appearance.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 59: Procedure for issuing summons:
Subsection (4)
(1) While issuing a summons to If a petition is made pursuant to sub-section (3), the court may so specify another date for his or her appearance that such date falls within a period not exceeding fifteen days from the date of such petition.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 59: Procedure for issuing summons:
Subsection (5)
(1) While issuing a summons to In the case of an accused who does not appear within the time-limit specified in the summons served pursuant to this Section, the court may, if it considers necessary to have the accused arrested and produced before it, issue a warrant for arrest pursuant to the proviso to sub-section (3) of Section of 57. Provided that if the accused makes a petition showing that he or she was not able to appear within the specified time-limit due to a force majeure event and the court holds the contents of such petition to be reasonable, the court may order the extension of the time-limit for a period not exceeding fifteen days, after the termination of the period of existence of the force majeure event, excluding the time required for journey. Explanation: For the purposes of this Act, the term "period of existence of the force majeure event" means the following period: (a) If a person required to appear before the court had to observe obsequies or mourning on his or her own according to his or her tradition, at the demise of any one of him or her, a period of seven days, excluding the time required for journey, after the date on which a period of fifteen days of the death of such person elapsed, (b) If a person required to appear before the court is a woman and delivered a child, a period of sixty days from the date of delivery, excluding the time required for journey, (c) If the route remained closed due to flood, landslide or snow-fall or means of public transportation did not ply due to declaration of curfew or any other reason during the time-limit specified for appearance before the court, a period of fifteen days, excluding the time required for journey, from the date of resumption of such route or means of public transportation, (d) If there occurred a calamity such as earthquake or volcano eruption during the time-limit specified for appearance before the court, a period of ten days, excluding the time required for journey, from the date of occurrence of such calamity, (e) If a person required to appear before the court was kidnapped or taken into hostage by any one, a period of fifteen days, excluding the time required for journey, from the date of being released from such kidnapping or hostage-taking, (f) If a person required to appear before the court, because of being unconscious or unable to make movement or seriously ill because of any accident, and thereby being unable to appear within the time-limit specified for the same, was admitted to a hospital recognized by the Government of Nepal for treatment, a period until he or she is discharged from the hospital, not exceeding fifteen days in the case of a party to a case under Schdule-4 and not exceeding three months in the case of a party to any other case.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 59: Procedure for issuing summons:
Subsection (6)
(1) While issuing a summons to In the circumstances referred to in clauses (a) and (e) of sub-section (5), the concerned person shall, as far as possible, give a notice thereof to the court immediately.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 60: Summons may be issued in the name of witness: In issuing a
summons in the name of a witness pursuant to this Act, the court shall issue the summons, stating the necessary matters, in the form referred to in Schedule-28.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
(1) The court shall issue a summons in triplicate, and the service of summons shall be executed by any police employee, any employee of the court or any such other government office as the court may direct.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (2)
(1) The court shall issue a summons in A summons issued pursuant to this Act shall, to the extent possible, be served personally on the person summoned, by delivering it to him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (3)
(1) The court shall issue a summons in Where the person summoned cannot be found, or, despite being found, refuses to acknowledge the summons being served pursuant to sub-section (2), the summons may be delivered to any of his or her joint family members, who has completed at least eighteen years of age.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (4)
(1) The court shall issue a summons in If the concerned person or joint family member is not found or, despite being found, such person or even such member refuses to acknowledge the summons pursuant to such-section (3), the serving employee shall affix one of the duplicates of the summons to the house or house-door of that person in the presence of one member of the concerned ward of the Local Level and of at least two local persons, who as well as the serving employee shall affix signature or thumb impression thereon, and deliver one copy thereof to the concerned ward committee of the concerned Local Level and submit one copy of the served summons to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (5)
(1) The court shall issue a summons in The concerned ward office of the Local Level shall affix to its notice board a notice corresponding to the summons received pursuant to sub-section (4).
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (6)
(1) The court shall issue a summons in If at least two local persons and at least one member of the concerned ward committee of the Local Level certify that the person summoned pursuant to sub-section (5) does not reside in the place specified in the summons, the summons shall be returned to the court, indicating the address of his or her residence, if any, discovered, and indicating the matter to that effect if such address cannot be discovered.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (7)
(1) The court shall issue a summons in If a summons is returned pursuant to sub-section (6), the court may direct the summons to the place of his or her residence and, as required, issue another summons setting out the address, as required, in consultation also with the plaintiff.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (8)
(1) The court shall issue a summons in While serving a summons on any office-bearer or employee of the Government of Nepal or any body corporate, the summons may be served at the office where such office-bearer or employee is serving.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (9)
(1) The court shall issue a summons in Where a summons is received for service pursuant to sub-section (8), the chief of such office or body available for the time being shall serve the summons by delivering one copy of the summons to the concerned office-bearer or employee, and, as far as practicable, cause the other copy to be signed by the concerned office-bearer or employee, stating the manner and date of its service, and return that copy to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (10)
(1) The court shall issue a summons in If a summons cannot be served pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (9)
(1) The court shall issue a summons in , such summons shall be affixed to the notice board of the concerned office or body. A report on such affixation to the notice board shall be given to the concerned court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (11)
(1) The court shall issue a summons in If, in serving a summons pursuant to sub-section (8), such officer-bearer or employee is on leave, the concerned office or body shall promptly give a notice of such service of summons to such employee.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (12)
(1) The court shall issue a summons in If a summons is to be served on any body corporate, a copy of the summons shall be delivered to the central or local office of such body, and the receipt thereof shall be submitted to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (13)
(1) The court shall issue a summons in If a summons is served at the local office pursuant to sub-section (12), the summons shall be deemed to have been served at the headquarters of such body.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (14)
(1) The court shall issue a summons in In serving a summons pursuant to this Section, the serving employee shall submit to the court a report containing the date and details of the service.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (15)
(1) The court shall issue a summons in If any court is required to serve a summons on a person who is residing in any area outside its jurisdiction, the court shall send the summons to the court of that area and cause it to be served through that court, and that court shall cause the summons to be served in accordance with this Chapter and return a copy thereof to the court issuing the summons.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 61: Service of summons:
Subsection (16)
(1) The court shall issue a summons in In serving a summons pursuant to this Section, the notice sent to the accused person pursuant to sub-section (7) of Section 57 shall also be delivered or, depending on the situation, affixed to the house-door, together with the summons.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 62: Summons may be served through print or electronic
communication media: (1) If any summons cannot be served pursuant to Section 61, the court may serve the summons by publishing the contents of such summons in such national daily newspaper or broadcasting through electronic communication media as owned by the Government of Nepal.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 62: Summons may be served through print or electronic
Subsection (2)
If a summons is published or broadcast pursuant to subsection (1), the summons shall be deemed to have been duly served.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
(1) The court shall issue a warrant for arrest in triplicate, and the warrant for arrest shall, if practicable, be served personally on the person warranted.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (2)
(1) The court shall issue a warrant The person warranted shall acknowledge the warrant for arrest issued pursuant to sub-section (1)
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (3)
(1) The court shall issue a warrant If the person warranted cannot be found to serve the warrant for warrant being served pursuant to sub-section (1), the warrant may be delivered to any of his or her joint family members who has completed at least eighteen years of age.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (4)
(1) The court shall issue a warrant If the concerned person or any joint family member is not found pursuant to sub-section (3) or, despite being found, such person or family member refuses to acknowledge the warrant, the serving employee shall affix one of the duplicates of the warrant to the house-door of that person in the presence of a member of the concerned ward of the Local Level and of at least two local persons, who as well as the serving employee shall affix signature or thumb impression thereon, and deliver one copy thereof to the concerned ward office of the Local Level and submit one copy of the served warrant for arrest to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (5)
(1) The court shall issue a warrant The concerned ward committee of the Local Level shall affix to its notice board a notice corresponding to the warrant for arrest received pursuant to sub-section (4).
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (6)
(1) The court shall issue a warrant If at least two local persons and at least one member of the concerned ward committee of the Local Level certify that the person to be arrested pursuant to the warrant for arrest issued under sub-section (5) does not reside in the place specified in the warrant, the warrant for arrest shall be returned to the court, indicating the address of his or her residence, if any, discovered, and indicating the matter to that effect if such address cannot be discovered.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (7)
(1) The court shall issue a warrant If a warrant for arrest is returned pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (6)
(1) The court shall issue a warrant , the court may direct the warrant for arrest to the place of his or her residence and, as required, issue another warrant for arrest setting out the address, as required, in consultation also with the plaintiff.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (8)
(1) The court shall issue a warrant In serving a warrant for arrest pursuant to this Section, the serving employee shall submit to the court a report containing the date and details of the service.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (9)
(1) The court shall issue a warrant If any court is required to serve a warrant for arrest on a person who is residing in any area outside its jurisdiction, the court shall send the warrant for arrest to the court of that area and cause it to be served through that court, and that court shall cause the warrant for arrest to be served in accordance with this Chapter and return a copy thereof to the court issuing it.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (10)
(1) The court shall issue a warrant If an employee making a report referred to in subsection (8) makes a report setting out the reason for not being able to effect the service of a warrant for arrest in pursuance of the procedures set forth in this Section, the warrant for arrest issued to the concerned person may, notwithstanding anything contained elsewhere in this Section, be served by publishing the warrant in a national daily newspaper owned by the Government of Nepal, and the warrant for arrest so served shall be deemed to have been duly served.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 63: Service of arrest for warrant:
Subsection (11)
(1) The court shall issue a warrant In serving a warrant for arrest, the notice sent to the accused person pursuant to sub-section (7) of Section 57 shall also be delivered or, depending on the situation, affixed to the house-door of him or her, together with the warrant for arrest.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 64: Warrant for arrest or summons may be issued to or served on
accused residing in foreign country: (1) Notwithstanding anything contained elsewhere in this Chapter, if a warrant for arrest is to be issued to or a summons is to be served on a person who is accused of an offence sub judice in any court and staying or residing in a foreign country, the warrant for arrest or summons may be issued to or served on such person in accordance with the law in force on mutual legal assistance.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 64: Warrant for arrest or summons may be issued to or served on
Subsection (2)
If the Government of Nepal receives information as to the service of a warrant for arrest or summons issued pursuant to sub-section (1), it shall give such information to the concerned court.