yamraj047/nepali-legal-rag-data huggingface dataset:
THE CONSTITUTION OF NEPAL
Part-33
Section 295: Constitution of Federal Commission:
Subsection (4)
(1) The Government of Nepal may The commission under clause (3) shall be constituted no later than six months of the date of commencement of this Constitution. Its term shall be one year.
THE CONSTITUTION OF NEPAL
Part-33
Section 296: Constituent Assembly to be converted into Legislature-Parliament:
(1) The Constituent Assembly existing at the time of commencement of this Constitution shall ipso facto be converted into the Legislature-Parliament after the commencement of this Constitution, and the term of such LegislatureParliament shall exist until 7 Magha 2074. Provided that if an election is held to the House of Representatives set forth in this Constitution prior to the expiration of that term, the LegislatureParliament shall continue to exist until the day before the day specified for the filing of nominations of candidates for that election. 208
THE CONSTITUTION OF NEPAL
Part-33
Section 296: Constituent Assembly to be converted into Legislature-Parliament:
Subsection (2)
(1) The The Bills under consideration of the Legislature-Parliament at the time of commencement of this Constitution shall ipso facto be transferred to the Legislature-Parliament set forth in clause (1).
THE CONSTITUTION OF NEPAL
Part-33
Section 296: Constituent Assembly to be converted into Legislature-Parliament:
Subsection (3)
(1) The The Legislature-Parliament set forth in clause (1) shall perform the business required to be performed by the Federal Parliament in accordance with this Constitution until election to the House of Representatives is held pursuant to this Constitution.
THE CONSTITUTION OF NEPAL
Part-33
Section 296: Constituent Assembly to be converted into Legislature-Parliament:
Subsection (4)
(1) The The legislative power of the State Assembly with respect of matters set forth in Schedule-6 shall, upon the commencement of this Constitution, be vested in the Legislature-Parliament set forth in clause (1) until the State Assembly is formed. Any law so made shall be inoperative in relation to that State after one year of the date of formation of the State Assembly set forth in this Constitution.
THE CONSTITUTION OF NEPAL
Part-33
Section 296: Constituent Assembly to be converted into Legislature-Parliament:
Subsection (5)
(1) The The Legislature-Parliament Secretariat, its Secretary General, Secretary and employees existing at the time of commencement of this Constitution shall, subject to the conditions of service in force at the time of their appointment, exist in the Federal Parliament Secretariat set forth in this Constitution.
THE CONSTITUTION OF NEPAL
Part-33
Section 296: Constituent Assembly to be converted into Legislature-Parliament:
Subsection (6)
(1) The Where the Legislature-Parliament is in recess at the time of commencement of this Constitution, the President shall summon its session no later than seven days after the date of commencement of this Constitution. The President shall thereafter summon a session of the Legislature-Parliament from time to time.
THE CONSTITUTION OF NEPAL
Part-33
Section 297: Provisions relating to the President and the Vice-President:
(1) The President and the Vice-President existing at the time of commencement of this Constitution shall continue to hold their respective offices until other President and Vice-President are elected in accordance with this Article. 209
THE CONSTITUTION OF NEPAL
Part-33
Section 297: Provisions relating to the President and the Vice-President:
Subsection (2)
(1) The President The Legislature-Parliament set forth in clause (1) of Article 296 shall, on the basis of political understanding, elect the President and the VicePresident, no later than one month after the date of the commencement of this Constitution where the Legislature-Parliament is not in recess at the time of commencement of this Constitution and after the date on which the session is summoned in accordance with clause (6) of Article 296 where the LegislatureParliament is in recess.
THE CONSTITUTION OF NEPAL
Part-33
Section 297: Provisions relating to the President and the Vice-President:
Subsection (3)
(1) The President In the event of failure to have an understanding under clause (2), the President and the Vice-President must be elected by a majority of all the then members of the Legislature-Parliament.
THE CONSTITUTION OF NEPAL
Part-33
Section 297: Provisions relating to the President and the Vice-President:
Subsection (4)
(1) The President If the office of the President or Vice-President elected in accordance with clause (2) or (3) falls vacant for any reason, the President or Vice-President shall be elected by the Legislature-Parliament in accordance with this Article until the Federal Parliament is formed.
THE CONSTITUTION OF NEPAL
Part-33
Section 297: Provisions relating to the President and the Vice-President:
Subsection (5)
(1) The President The term of office of the President or Vice-President elected in accordance with this Article shall continue to exist until another President or Vice-President elected by an electoral college set forth in Article 62 assumes office.
THE CONSTITUTION OF NEPAL
Part-33
Section 297: Provisions relating to the President and the Vice-President:
Subsection (6)
(1) The President The office of the President or Vice-President elected in accordance with this Article shall become vacant in any of the following circumstances: (a) if the President tenders resignation in writing to the VicePresident and the Vice-President, before the President, (b) if a motion of impeachment against him or her is passed in accordance with clause (7), (c) if another President or Vice-President elected by an electoral college set forth in Article 62 assumes office, 210 (d) if he or she dies.
THE CONSTITUTION OF NEPAL
Part-33
Section 297: Provisions relating to the President and the Vice-President:
Subsection (7)
(1) The President At least one fourth of the total number of the then members of the Legislature-Parliament set forth in clause (1) of Article 296 may move a motion of impeachment against the President or Vice-President elected in accordance with this Article on the ground of serious violation of this Constitution and law. If the motion is passed by at least two thirds majority of the total number of the then members of the Legislature-Parliament, he or she shall relive of his or her office
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
(1) The Council of Ministers existing at the time of commencement of this Constitution shall continue to exist until the Council of Ministers set forth in clause (2) is formed.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (2)
(1) The Council of The Prime Minister shall, on the basis of political understanding, be elected no later than seven days after the date of the commencement of this Constitution where the Legislature-Parliament is not in recess at the time of commencement of this Constitution, and after the date on which the session of the Legislature-Parliament summoned in accordance with clause (6) of Article 286 commences where the Legislature-Parliament is in recess, and a Council of Ministers shall be formed under his or her chairpersonship.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (3)
(1) The Council of In the event of failure to have an understanding under clause (2), the Prime Minister shall be elected by a majority of all the then members of the Legislature-Parliament.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (4)
(1) The Council of The composition and allocation of portfolios of the Council of Ministers to be formed in accordance with this Article shall be made through mutual understanding.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (5)
(1) The Council of The Council of Ministers to be formed in accordance with this Article shall consist of a Deputy Prime Minister and other Ministers, as required. 211
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (6)
(1) The Council of The Prime Minister appointed in accordance with this Article shall, in appointing Ministers in accordance with clause (5), appoint Ministers from amongst the members of the Legislature-Parliament, on the recommendation of the concerned party.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (7)
(1) The Council of The Prime Minister and other Ministers appointed in accordance with this Article shall be collectively responsible to the Legislature-Parliament, and the Ministers shall be individually responsible to the Prime Minister and the Legislature- Parliament for the work of their respective Ministries.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (8)
(1) The Council of The office of the Prime Minister appointed in accordance with this Article shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing to the President, (b) if a vote of no-confidence is passed against him or her or a vote of confidence is not passed in accordance with clause (14), (c) if he or she ceases to be a member of the Legislature-Parliament, (d) if he or she dies.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (9)
(1) The Council of The office of the Deputy Prime Minister, Minister, Minister of State and Assistance Minister appointed in accordance with this Article shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing to the Prime Minister, (b) if the Prime Minister is removed from office in accordance with clause (8), (c) if he or she is removed from office by the Prime Minister on the recommendation or advice of the concerned party, (d) if he or she dies. 212
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (10)
(1) The Council of Even though the office of the Prime Minister falls vacant under clause (8), the same Council of Ministers shall continue to act until another Council of Ministers is constituted.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (11)
(1) The Council of If the Prime Minister appointed in accordance with this Article dies, the Deputy Prime Minister or senior-most Minister shall act as the Prime Minister until another Prime Minister is appointed.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (12)
(1) The Council of The Prime Minister appointed in accordance with this Article may, whenever he or she considers necessary or appropriate to show/clarify that he or she has confidence from the Legislature-Parliament, table a resolution to that effect in the Legislature-Parliament for the vote of confidence.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (13)
(1) The Council of At least one-fourth of the total number of the then members of the Legislature-Parliament may table in writing a motion of no-confidence against the Prime Minister appointed in accordance with this Article. Provided that a motion of no confidence shall not be tabled more than once in six moths' period against the same Prime Minister appointed in accordance with this Article.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (14)
(1) The Council of A motion tabled under clauses (12) and (13) shall be decided by a majority of the total number of the then members of the Legislature Parliament.
THE CONSTITUTION OF NEPAL
Part-33
Section 298: Provisions relating to formation of Council of Ministers:
Subsection (15)
(1) The Council of The Government of Nepal shall, after the commencement of this Constitution, exercise the powers of a State until the Council of Ministers of the State set forth in this Constitution is formed.
THE CONSTITUTION OF NEPAL
Part-33
Section 299: Provisions relating to Speaker and Deputy Speaker:
(1) The Speaker and Deputy Speaker existing at the time of commencement of this Constitution shall continue to hold their respective offices until another Speaker and Deputy Speaker is elected pursuant to this Constitution. 213
THE CONSTITUTION OF NEPAL
Part-33
Section 299: Provisions relating to Speaker and Deputy Speaker:
Subsection (2)
(1) The Speaker and The members of the Legislature-Parliament shall, on the basis of political understanding, elect one Speaker and one Deputy Speaker from themselves no later than twenty days after the date of the commencement of this Constitution where the Legislature-Parliament is not in recess at the time of commencement of this Constitution, and after the date on which the session of the Legislature-Parliament is summoned in accordance with clause (6) of Article 296 where the Legislature-Parliament is in recess.
THE CONSTITUTION OF NEPAL
Part-33
Section 299: Provisions relating to Speaker and Deputy Speaker:
Subsection (3)
(1) The Speaker and In the event of failure to have an understanding under clause (2), a member of the Legislature-Parliament who commands a majority of all the then members of the Legislature-Parliament shall be deemed to be elected as the Speaker or Deputy Speaker.
THE CONSTITUTION OF NEPAL
Part-33
Section 299: Provisions relating to Speaker and Deputy Speaker:
Subsection (4)
(1) The Speaker and In holding electing in accordance with clause (2) or (3), the Speaker and the Deputy Speaker shall be members representing different political parties in the Legislature-Parliament.
THE CONSTITUTION OF NEPAL
Part-33
Section 299: Provisions relating to Speaker and Deputy Speaker:
Subsection (5)
(1) The Speaker and In discharging his or her functions in accordance with this Constitution, the Speaker or Deputy Speaker shall so discharge functions in the capacity of a neutral person without standing for or against any political party whatsoever.
THE CONSTITUTION OF NEPAL
Part-33
Section 299: Provisions relating to Speaker and Deputy Speaker:
Subsection (6)
(1) The Speaker and The office of the Speaker or Deputy Speaker shall become vacant in any of the following circumstances: (a) if he or she resigns in writing, (b) if he or she ceases to be a member of the Legislature-Parliament, (c) if a resolution is passed by a majority of at least two-thirds of the total number of the members of the Legislature-Parliament  to the effect that his or her conduct is not compatible with his or her office, (d) if he or she dies. 214
THE CONSTITUTION OF NEPAL
Part-33
Section 299: Provisions relating to Speaker and Deputy Speaker:
Subsection (7)
(1) The Speaker and The Deputy Speaker or another member shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Speaker of the Legislature-Parliament is not compatible with his or her office, and the Speaker may take part and vote in the deliberations on such resolution.
THE CONSTITUTION OF NEPAL
Part-33
Section 299: Provisions relating to Speaker and Deputy Speaker:
Subsection (8)
(1) The Speaker and Other procedures on the election to the Speaker and Deputy Speaker and procedures on the moving and passage of a motion that the Speaker or Deputy Speaker has committed conduct not compatible with his or her office shall be as provided by the then prevailing rules of the LegislatureParliament.
THE CONSTITUTION OF NEPAL
Part-33
Section 300: Provisions relating to Judiciary:
(1) The Supreme Court, Constituent Assembly Court, Appellate Courts and District Courts existing at the time of commencement of this Constitution shall continue to exist until the structure of Judiciary set forth in this Constitution is set up. Nothing in this Constitution shall be deemed to bar the settlement by respective Courts of the cases already filed in such Courts prior to the commencement of this Constitution and of the cases to be filed after the commencement of this Constitution.
THE CONSTITUTION OF NEPAL
Part-33
Section 300: Provisions relating to Judiciary:
Subsection (2)
(1) The Supreme Court, Constituent Assembly The Chief Justice and Judges of the Supreme Court, Chief Judges and Judges of the Appellate Courts and Judges of the Districts Counts shall be deemed to have been appointed under this Constitution.
THE CONSTITUTION OF NEPAL
Part-33
Section 300: Provisions relating to Judiciary:
Subsection (3)
(1) The Supreme Court, Constituent Assembly The High Courts set forth in Article 139 shall be established no later than one year after the date of commencement of this Constitution. The Appellate Courts existing at the time of commencement of this Constitution shall be dissolved after the establishment of such Courts.
THE CONSTITUTION OF NEPAL
Part-33
Section 300: Provisions relating to Judiciary:
Subsection (4)
(1) The Supreme Court, Constituent Assembly After the establishment of the High Courts in accordance with clause (3), the cases sub judice in the Appellate Courts shall be transferred to such High Courts as specified by the Government of Nepal, in consultation with the Judicial Council, by notification in the Nepal Gazette. 215
THE CONSTITUTION OF NEPAL
Part-33
Section 300: Provisions relating to Judiciary:
Subsection (5)
(1) The Supreme Court, Constituent Assembly After the establishment of the High Courts in accordance with clause (3), the Chief Justice shall, on recommendation of the Judicial Council, post the Chief Judges and Judges of the Appellate Courts who are holding office at the time of commencement of this Constitution to the offices of  the Chief Judges and Judges of the High Courts.
THE CONSTITUTION OF NEPAL
Part-33
Section 300: Provisions relating to Judiciary:
Subsection (6)
(1) The Supreme Court, Constituent Assembly The Additional Judges of the Appellate Courts who are holding office at the time of commencement of this Constitution may continue to hold office until the term specified at the time of their appointment.
THE CONSTITUTION OF NEPAL
Part-33
Section 300: Provisions relating to Judiciary:
Subsection (7)
(1) The Supreme Court, Constituent Assembly The cases on criminal offences punishable by imprisonment for a term of more than one year and sub judice in any body other than a Court at the time of commencement of this Constitution shall, after the commencement of this Constitution, be transferred to the concerned District Court.
THE CONSTITUTION OF NEPAL
Part-33
Section 301: Provisions relating to Constitutional Bodies and officials thereof:
(1) The Constitutional Bodies which are existing at the time of commencement of this Constitution and provided in this Constitution shall be deemed to have been formed under this Constitution, and nothing shall be deemed to bar the settlement of the matters under consideration of such Bodies subject to this Constitution.
THE CONSTITUTION OF NEPAL
Part-33
Section 301: Provisions relating to Constitutional Bodies and officials thereof:
Subsection (2)
(1) The The chiefs or officials of the Constitutional Bodies holding office at the time of commencement of this Constitution shall be deemed to have been appointed in accordance with this Constitution and shall continue to hold their respective offices subject to the conditions of services at the time of their appointments.
THE CONSTITUTION OF NEPAL
Part-33
Section 301: Provisions relating to Constitutional Bodies and officials thereof:
Subsection (3)
(1) The The officials holding office in the Commission for the Investigation of the Abuse of Authority and the Public Service Commission, at the time of commencement of this Constitution, in excess of the number specified in this Constitution, shall continue to hold their respective offices subject to the conditions of services at the time of their appointments. 216
THE CONSTITUTION OF NEPAL
Part-33
Section 302: Formation and operation of government services at State and Local levels:
(1) The Government of Nepal shall make necessary provisions for the delivery of services at the State and Local levels.
THE CONSTITUTION OF NEPAL
Part-33
Section 302: Formation and operation of government services at State and Local levels:
Subsection (2)
(1) The Government of Nepal may, in making provisions under clause (1), arrange for the delivery of services by making adjustment of the employees serving in the government services at the time of commencement of this Constitution with the Federal, State and Local levels in accordance with law.
THE CONSTITUTION OF NEPAL
Part-33
Section 303: Provisions relating to Local Bodies:
(1) The Local Bodies existing at the time of Commencement of this Constitution shall continue to exist until the determination of the number and areas of the Local level in accordance with this Constitution.
THE CONSTITUTION OF NEPAL
Part-33
Section 303: Provisions relating to Local Bodies:
Subsection (2)
(1) The Local Bodies existing at the time Election to the officials of the Local Bodies existing under clause
THE CONSTITUTION OF NEPAL
Part-33
Section 303: Provisions relating to Local Bodies:
Subsection (1)
(1) The Local Bodies existing at the time shall be held in accordance with law.
THE CONSTITUTION OF NEPAL
Part-33
Section 303: Provisions relating to Local Bodies:
Subsection (3)
(1) The Local Bodies existing at the time The officials of the Local Bodies elected in accordance with clause (2) shall continue to hold office until election to the Local level is held in accordance with this Constitution.
THE CONSTITUTION OF NEPAL
Part-33
Section 304: Existing laws to remain in force:
(1) The Nepal laws in force at the time of commencement of this Constitution shall continue to be in force until such laws are repealed or amended. Provided that any law which is inconsistent with this Constitution shall ipso facto be invalid to the extent of such inconsistency, after one year of the date on which the first session of the Federal Parliament set forth in this Constitution is held.
THE CONSTITUTION OF NEPAL
Part-33
Section 304: Existing laws to remain in force:
Subsection (2)
(1) The Nepal laws in force at the time of Acts relating to peace process under the Interim Constitution of Nepal, 2007 (2063) shall be deemed to have been done under this Constitution. 217
THE CONSTITUTION OF NEPAL
Part-33
Section 305: Power to remove difficulties: If any difficulty arises in connection with the
implementation of this Constitution until the commencement of the first session of the Federal Parliament, upon being elected in accordance with this Constitution, the President may, on the recommendation of the Government of Nepal, Council of Ministers, issue necessary orders to remove such difficulty; and such orders must be submitted to the Legislature-Parliament or Federal Parliament, held immediately after the issue such orders, for approval. 218
THE CONSTITUTION OF NEPAL
Part-34
Section 306: Definitions and interpretations:
(1) Unless the subject or the context otherwise requires, in this Constitution,- (a) "minorities" means ethnic, linguistic and religious groups whose population is less than the percentage specified by the Federal law, and includes groups that have their distinct ethnic, religious or linguistic characteristics, aspirations to protect such features and subjected to discrimination and oppression, (b) "law" means a Federal law, State law and Local law, (c) "Article" means an article of this Constitution, (d) "Municipality" means and includes a Municipal Corporation and Sub-municipal Corporation. (e) "citizen" means a citizen of Nepal, (f) "State" means the area and form of a federal unit of Nepal divided into the Federal units in accordance with this Constitution, (g) "remuneration" means and includes salary, allowance, pension and any other form of emolument and facility, (h) "state power" means the power relating to the Executive, Legislative and Judiciary of the state, and includes residual power. (i) "Bill" means a draft of amendment to the Constitution or of an Act which has been introduced in the Federal Parliament or a State Assembly, 219 (j) "Federation" means the federal level that is the apex unit of the federal structure, (k) "Federal Units" means the Federation, State and Local levels, (l) "Constitutional Bodies" means the Commission for the Investigation of Abuse of Authority, Auditor General, Public Service Commission, Election Commission, National Human Rights Commission, National Natural Resources and Fiscal Commission, National Women Commission, National Dalit Commission, National Inclusion Commission, Indigenous Nationalities Commission, Madhesi Commission, Tharu Commission and Muslim Commission, (m) "marginalized" means communities that are made politically, economically and socially backward, are unable to enjoy services and facilities because of discrimination and oppression and of geographical remoteness or deprived thereof and are in lower status than the human development standards mentioned in Federal law, and includes highly marginalized groups and groups on the verge of extinction, (n) "Local level" means the Village Bodies, Municipalities and District Assemblies to be established in accordance with this Constitution.
THE CONSTITUTION OF NEPAL
Part-34
Section 306: Definitions and interpretations:
Subsection (2)
(1) Unless the subject or the context otherwise Unless the subject or the context otherwise requires, the legal provisions relating to interpretation of laws shall, subject to the provisions of this Constitution, apply to the interpretation of this Constitution in the same manner as that provisions apply to the interpretation of the Nepal laws. 220
THE CONSTITUTION OF NEPAL
Part-35
Section 307: Short title and commencement:
(1) This Constitution may be cited as the "Constitution of Nepal".
THE CONSTITUTION OF NEPAL
Part-35
Section 307: Short title and commencement:
Subsection (2)
(1) This Constitution may be cited as the This Constitution shall commence on 20 September 2015 (3rd day of the month of Ashwin of the year 2072 Bikram Sambat).
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 1: Short title and commencement:
(1) This Act may be cited as the "National Criminal Procedure (Code) Act, 2017".
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 1: Short title and commencement:
Subsection (2)
(1) This Act may be cited as the Section 192 of this Act shall commence on such date as appointed by the Government of Nepal by a notification in the Nepal Gazette, and the other Sections, on 17 August 2018.
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
this Code,- (a) "court" means the Supreme Court, High Court or District Court, and this term also includes any other court, judicial body or authority empowered by law to proceed, hear and adjudicate any specific type of criminal cases; (b) "investigating authority" means an authority designated under this Act or competent authority under law to make investigation into any offence, and this term also includes an investigation team formed to investigate into any specific offence; (c) "Penal Code" means the National Penal (Code) Act, 2017; (d) "complaint" means a plaint to be filed in a court, and this term also includes a charge-sheet in relation to any offence under Schedule-1 or Schedule-2, and a report thereon in relation to any other case; (e) "offence" means an act punishable by the Penal Code or other Act; (f) "law" means  a law for the time being in force; (g) "grave offence"  means any offence punishable by a sentence of imprisonment for a term of more than three and less than ten years; (h) "heinous offence" means any offence punishable by a sentence of imprisonment for life or for a term of more than ten years, (i) "place" means a house, shed, cow shed, elephant shed or tent, and this term also includes a motor vehicle, vessel, aircraft, and other place or means of similar nature; (j) "judge" means  the authority of a court to proceed, hear and adjudicate a case, and this term also includes an authority competent to proceed, hear and adjudicate a criminal case; (k) "police office" means a police office authorized to investigate into any offence set forth in Schedule-1; (l) "criminal case" means a case related to an offence under Schedule-1, Schedule-2, Schedule-3 or Schedule-4, and this term also includes any other case, except a case on any of the following matters:
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (1)
A case related to a legal right, status, post, family relationship or property,
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (2)
Establishment of relationship, or divorce,
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (3)
Fee, remuneration, salary, allowance or wage,
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (4)
Partition, succession, donation, gift, will, guardianship, curatorship, parental authority, adoption,
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (5)
Any right or claim under any contract, quasicontract or unlawful enrichment,
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (6)
Any right or claim relating to tort, quasi-tort or defective product,
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (7)
Servitude,
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (8)
Compensation, or
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 2: Definitions: Unless the subject or the context otherwise requires, in
Subsection (9)
Any other right or liability of civil nature. (m) "case" means a criminal case; (n) "adjudicating authority" means an authority empowered by law to proceed, hear and adjudicate a case, and this term also includes, in the case of a person taken in custody, a court nearby the place where the person is taken in custody; (o) "Local Level" means a Village Body (Gownpalika) or Municipality; (p)   "government attorney" means the Attorney General, Deputy Attorney General, Joint Attorney, Deputy Attorney, District Attorney or Assistant District Attorney, and this term also includes an officer designated by the Attorney General to act in the capacity of government attorney.
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 3: Special legal provisions, if any, made not to be affected:
(1) If a separate Act provides for special provisions on the prosecution, investigation, trial, hearing, execution of judgments or any other proceeding of, or jurisdiction to try cases on, any specific offence, such matters shall be governed by such Act and shall not be affected by any provision contained in this Act.
The National Criminal Procedure (Code) Act, 2017
Chapter-1: Preliminary
Section 3: Special legal provisions, if any, made not to be affected:
Subsection (2)
(1) If a This Act shall govern the matters of procedures on which special legal provisions have not been made pursuant to subsection (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
offence to be given: (1) A person who knows that any offence set forth in Schedule-1 has been committed or is being committed or is likely to be committed shall, as soon as possible, make a first information report in writing or give information on such offence, verbally or through electronic means, along with whatever proof or evidence which is in his or her possession or which he or she has seen or known, to the nearby police office in the form referred to in Schedule-5.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (2)
If a person making a first information report or giving information referred to in sub-section (1) does not give such information in writing, the concerned police employee shall set down all matters of information given by the person in the form referred to in Schedule-5, read out the same to, and cause it to be signed by, that person.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (3)
If a person makes in person a first information report or gives information referred to in sub-section (1) to the concerned police office, or sends such information through any person or electronic means, such police office shall register such report or information and give that person a receipt thereof, in the form referred to in Schedule-6. If any person gives information through electronic means, acknowledgement of receipt of such information shall be given through the same means.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (4)
Notwithstanding anything contained in sub-section (1),
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (2)
or (3), if the police receives any report or information about the commission of any offence set forth in Schedule-1 from any other source or on his or her own, the police shall prepare a report along with the details set forth in Schedule-5.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (5)
The police office shall enter the first information report, information referred to in this Section or the report referred to in subsection (4) in a register in the form referred to in Schedule-7.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (6)
Any first information report or information received pursuant to sub-section (1) shall be forwarded to the separate investigating authority, if any, specified by law in relation to such report or information, and, failing the specification of such separate investigating authority, to the concerned district police office.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (7)
A person wishing to give information about any offence set forth in Schedule-2 shall give such information, in the form referred to in Schedule-5, to the office or authority empowered to investigate into that offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (8)
The concerned office or authority shall register the information received pursuant to sub-section (7) and give a receipt thereof, in the form referred to in Schedule-6, to the person who gives such information.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (9)
If it is not possible to immediately register the information referred to in sub-section (7) in the concerned office or authority, such information may also be given to the nearby police office.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 4: First information report or information on commission of
Subsection (10)
The concerned police office shall, if it receives any information pursuant to sub-section (9), register such information pursuant to sub-section (5) and forward it to the concerned office or authority not later than three days for action.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 5: Complaint against refusal to register first information report or
information: (1) If the concerned police office refuses to register a first information report made or information given pursuant to subsection (1) of Section 4, the person making or giving such first information report or information may make a complaint setting out such matter, accompanied by the first information report or information, to the concerned district government attorney office or the police office higher in level than the police office required to register such first information report or information.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 5: Complaint against refusal to register first information report or
Subsection (2)
If a complaint referred to in sub-section (1) is received, the concerned district government attorney office or police office shall maintain records thereof and forward such first information report or information to the concerned police office for necessary action.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 5: Complaint against refusal to register first information report or
Subsection (3)
The concerned police office shall, in accordance with sub-section (3) of Section 4, register and take action on the first information report or information received pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 5: Complaint against refusal to register first information report or
Subsection (2)
.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 5: Complaint against refusal to register first information report or
Subsection (4)
If the office or authority referred to in sub-section (7) of Section 4 refuses to register any information referred to in that subsection, the person giving such information may make a complaint setting out the matter, accompanied by the information of offence, to the Chief District Officer of the concerned district. Provided that where the Chief District Officer himself or herself is designated as the investigating authority and refuses to register such information, such complaint may be made to the Ministry of Home Affairs.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 5: Complaint against refusal to register first information report or
Subsection (5)
Upon receipt of any complaint referred to in sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 5: Complaint against refusal to register first information report or
Subsection (4)
, the concerned Chief District Officer or the Ministry of Home Affairs shall decide, within three days, as to whether or not to register such information, and give direction to the concerned office to take, or cause to be taken, action accordingly.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 5: Complaint against refusal to register first information report or
Subsection (6)
Upon receipt of any direction referred to in sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 5: Complaint against refusal to register first information report or
Subsection (5)
, the concerned office or authority shall take action in pursuance of the direction.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
concealed or destructed and prevent offender from escaping: (1) If any police office or police employee gets information that any offence set forth in Schedule-1 has been committed or is being committed or is likely to be committed, such office or employee shall, as promptly as possible, make necessary and effective arrangements in order to prevent the offender from committing the offence or prevent any evidence related to the offence from being disappeared or destructed and prevent the offender from going away or escaping.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
Subsection (2)
If there is a likelihood of the concealment or destruction of any evidence related to the offence or the escaping or going away of the offender where immediate action is not taken pursuant to subsection (1), such police office or employee may take necessary action in that behalf, even by entering the area of another police office, as per necessity.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
Subsection (3)
In the event of a need for taking any action by entering the area of another police office pursuant to sub-section (2), such police office or employee shall give information thereof to the concerned police office or body and the higher police office.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
Subsection (4)
If the concerned authority comes to know, on his or her own initiative or on information made by any one, that any offence set forth in Schedule-2 has been committed or is being committed or is likely to be committed, such authority shall take action referred to in sub-section (1) or (2). Provided that if any police employee receives information about such offence and the concerned investigating authority is not available for the time being, such police employee shall take action referred to in sub-section (1) and send the statements of such action, together with the person, if any arrested, to the investigating authority.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
Subsection (5)
Any police employee or investigating authority may ask any body, authority or person to render assistance in preventing the disappearance or destruction of any evidence related to the offence or in arresting the offender; and it shall be the duty of such body, authority or person to render necessary assistance wherever such assistance is so asked for.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
Subsection (6)
If a police employee sees a person committing an offence in his or her presence or at a time when the police employee is there in search of clues upon receipt of a notice, information or clue that such offence has been committed or is being committed or is likely to be committed, the police employee shall immediately arrest the person committing such offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
Subsection (7)
The police employee shall take possession of exhibits and other proofs, evidence or things related to the offence, if any, found on the spot and execute a deed thereon, as required, in the presence of the eye witnesses, if any, present on the spot.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
Subsection (8)
Such thing, place or spot shall be protected as it is until the completion of the execution of such deed pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
Subsection (7)
.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 6: Arrangements to be made to prevent evidence from being
Subsection (9)
Where it is not possible to immediately seize or take possession of the exhibits and other evidence or things related to the offence obtained pursuant to sub-section (7), the concerned police employee may make a request to the Local Level or any other office to safely retain such exhibits or things, and the concerned Level or office shall, when so requested, take custody of such exhibits or evidence and give a receipt thereof. Provided that the goods not related to the offence shall be immediately returned to the concerned person.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 7: Information to be given to concerned police office:
(1) If the any police office knows, from the contents of information received by it in relation to any offence set forth in Schedule-1or on its own initiative, that such offence has been committed or is being committed or is likely to be committed in the area of another police office, such police office shall, as soon as possible, send such information to the concerned police office, and inform the informant to appear in the concerned police office, as required.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 7: Information to be given to concerned police office:
Subsection (2)
(1) If the any Notwithstanding anything contained in sub-section (1), if there is a possibility that the offender may escape and any exhibits or evidence related to the offence may disappear due to the nonavailability of the investigating authority for the time being because of geographical remoteness or any other cause, the competent investigating officer of the concerned police office receiving such information shall make preliminary investigation into the offence committed in such area and send details of such investigation to the concerned police office.
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 7: Information to be given to concerned police office:
Subsection (3)
(1) If the any Such authority shall, prior to making preliminary investigation pursuant to sub-section (2), give information to the concerned police office and the one level higher police office.