yamraj047/nepali-legal-rag-data huggingface dataset:
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 146: Appeal against reference judgment: A party, who is dissatisfied
with the judgment so passed by the court as to be referred to for sanction pursuant to Section 145, may appeal against it.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 147: Not to pass reference judgment until expiration of time-limit for
appeal: (1) In any case submitted for reference pursuant to Section 145, no reference judgment shall be made until the time-limit allowed for preferring an appeal expires.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 147: Not to pass reference judgment until expiration of time-limit for
Subsection (2)
If an appeal is made within the time-limit referred to in sub-section (1), the records of reference judgment shall be crossed off and the case shall be heard on appeal. Provided that if an appeal is made by any person only, out of the persons subjected to sentence, decision shall be made by virtue of the same appeal also in cases of those who have not made appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 148: Procedures for making reference for sanction:
(1) In referring a judgment for sanction in any case pursuant to Section 145, the court shall forward the case-file of that case along with the reference. 154
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 148: Procedures for making reference for sanction:
Subsection (2)
(1) In referring a If the accused is held in detention in the case in which reference judgment is made pursuant to sub-section (1), reference shall also specify the date on which the accused was held in detention and the name of the prison where he or she is being kept, and details of the accused if he or she has absconded or escaped from the detention.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 148: Procedures for making reference for sanction:
Subsection (3)
(1) In referring a The other procedures on the hearing of reference for sanction shall be the same as applicable to the hearing of appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 149: Powers of court in dealing with reference for sanction:
(1) Any court dealing with reference may exercise such powers as may be exercised by the appeal hearing court.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 149: Powers of court in dealing with reference for sanction:
Subsection (2)
(1) Any If, in examining a reference for sanction, it appears that the verdict of the judgment of the lower court is not in order and any alteration can be made therein, the concerned parties shall be summoned to appear, by giving the time-limit of fifteen days.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 150: Appeal and reference judgment: The appeal judgment shall be
made in the form referred to in Schedule-47, and the reference judgment in the form referred to in Schedule-48. Provided that where a single judgment has to be made on appeal and on reference for sanction, such judgment shall be made in the form referred to in Schedule-47. 155
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 151: To establish record of sentence:
(1) If the court passes any judgment in any case, the concerned court shall establish a record of the sentence, fine or the established claimed amount or compensation pursuant to such judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 151: To establish record of sentence:
Subsection (2)
(1) If the court passes any If the appeal hearing court passes judgment convicting any person of any offence or any person is convicted of any offence being judgment of the lower court reversed or voided, it shall establish a record thereof and send a copy of the judgment to the concerned District Court for its execution.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 151: To establish record of sentence:
Subsection (3)
(1) If the court passes any After establishing a record pursuant to sub-section (1) or
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 151: To establish record of sentence:
Subsection (2)
(1) If the court passes any , the concerned court shall execute the judgment, and if any body has to do any act for the execution of judgment, it shall order the body to do such act.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 151: To establish record of sentence:
Subsection (4)
(1) If the court passes any While making an order pursuant to sub-section (3), if the person sentenced to imprisonment is present in the court, the court shall also forward him or her to the prison; and if such person is neither present in the court nor held in detention or prison, the court shall send an order, in the form referred to in Schedule-49, to the concerned police office to arrest and hand over him or her to the prison.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 151: To establish record of sentence:
Subsection (5)
(1) If the court passes any If the same offender is liable to more than one sentence and there is a doubt as to which sentence is the higher, the prison office shall write to the concerned district court and do as sanctioned by the district court. 156
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 152: Bodies for judgment execution:
(1) The District Court where the charge sheet or plaint has been filed shall execute the judgment on a case irrespective of the tier of court making such judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 152: Bodies for judgment execution:
Subsection (2)
(1) The District Court where the The concerned District Court shall also execute a judgment on a case proceeded and adjudicated originally by the appeal hearing court.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 152: Bodies for judgment execution:
Subsection (3)
(1) The District Court where the Notwithstanding anything contained elsewhere in this Section, if the District Court responsible for the execution of a judgment cannot be identified because of the number of defendants, location of their residence or property, the District Court designated by the appeal hearing court shall execute the judgment of such case.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 152: Bodies for judgment execution:
Subsection (4)
(1) The District Court where the The concerned bodies shall execute judgments made by the judicial bodies other than the regular courts.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 152: Bodies for judgment execution:
Subsection (5)
(1) The District Court where the Notwithstanding anything contained in sub-section (4), the concerned District Court shall execute the judgment pursuant to this Act, unless otherwise provided by law in respect of judgment execution.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 153: Postponement of execution of judgments:
(1) The court shall postpone the execution of a judgment in the following circumstance: (a) If an appeal is made in a case which is appealable pursuant to law, until the case is finally adjudicated on appeal, or if no such appeal is made, until the time-limit allowed for preferring appeal is expired, (b) If the case is one requiring reference for sanction pursuant to law, until the reference made for sanction is decided. 157
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 153: Postponement of execution of judgments:
Subsection (2)
(1) The court shall When an appeal is made pursuant to clause (a) of subsection (1), the appellant shall submit a petition stating that matter to the concerned court.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 153: Postponement of execution of judgments:
Subsection (3)
(1) The court shall Notwithstanding anything contained in sub-section (1), if a judgment is made holding any offender liable to a sentence of imprisonment, such offender shall be immediately sent to imprisonment, except as otherwise provided in this Act.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 154: Confinement in prison:
(1) Upon receipt of an order referred to in Section 151 or upon the person held to be offender being arrested by the police office, the concerned prison office shall confine the offender in prison in accordance with law. Provided that if a child below eighteen years of age is convicted of an offence, the child shall be held in a separate children reform home or similar other home as provided by the Government of Nepal.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 154: Confinement in prison:
Subsection (2)
(1) Upon receipt of an order referred to in While confining an offender in prison pursuant to subsection (1), the prison office shall prepare and update the record containing information, inter alia, of when the offender has been confined in prison or arrested and when the service of the sentence of imprisonment will complete.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
(1) If, in view of the age of the offender who is convicted, at the first instance, of any offence punishable by a sentence of imprisonment for a term of one year or less, gravity of the offence, manner of commission of the offence and his or her conduct, as well, the court does not consider it appropriate to confine the offender in prison and is of the view that 158 there will be no threat to the public peace, law and order if he or she is released, and the court, for the reasons to be recorded, considers it appropriate to dispense with the requirement of undergoing imprisonment upon payment of a fine in lieu of imprisonment, the court may order that the offender be not liable to undergo imprisonment if he or she makes payment of money in lieu of imprisonment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (2)
(1) If, in view of the Prior to issuing an order pursuant to sub-section (1), the court shall cause a deed to be executed by the offender that he or she will not commit any kind of offence henceforth and will comply with good conduct.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (3)
(1) If, in view of the In making payment of money by an offender who is dispensed with the requirement of undergoing imprisonment upon payment of money in lieu of imprisonment pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (1)
(1) If, in view of the , the offender shall pay money by three hundred rupees a day of imprisonment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (4)
(1) If, in view of the If any offender who is dispensed with the requirement of undergoing imprisonment pursuant to sub-section (1) commits any offense punishable by a sentence of imprisonment within three years after the date of such release, the sentence also including that of imprisonment imposed on him or her by the previous judgment shall be executed.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (5)
(1) If, in view of the Notwithstanding anything contained elsewhere in this Section, if any foreign national who has been convicted of any offence punishable by a sentence of imprisonment for a term of one year or less and is in detention or imprisonment makes a petition for dispensing with the requirement of undergoing imprisonment upon 159 payment of a fine in lieu of the imprisonment, and if the offence is not any offence set forth in sub-section (4) of Section 159, and the court considers appropriate to release that offender from imprisonment upon payment of a fine in lieu of the imprisonment, the court may order that the offender will not be liable to undergo imprisonment if he or she makes payment in lump sum of the amount to be set by five hundred rupees a day.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (6)
(1) If, in view of the In making an order pursuant to sub-section (5), the court shall order that such person be sent out of Nepal within seven days and the immigration office shall send such person out of Nepal pursuant to the court order.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (7)
(1) If, in view of the Fifty percent of the amount received pursuant to subsections (3) and (5) shall be deposited into the victim relief fund established in accordance with law.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (8)
(1) If, in view of the If payment of money is made pursuant to this Section, the offender shall be deemed to have served the sentence of imprisonment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (9)
(1) If, in view of the Notwithstanding anything contained elsewhere in this Section, the record of imprisonment of the person who is dispensed with the requirement of undergoing imprisonment pursuant to this Section shall remain valid until the period of completion of the service of the sentence of imprisonment, and the court may, at any time, revoke the order under this Section if he or she upholds conduct or commits offence, contrary to sub-sections (2) and (4). 160
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 155: Payment of money in lieu of imprisonment:
Subsection (10)
(1) If, in view of the If an order is revoked pursuant to sub-section (9), such offender shall serve the whole sentence commuted to him or her, by undergoing imprisonment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 156: Property to be attached:
(1) If the property belonging to a person against whom a warrant for arrest has been issued pursuant to subsection (4) of Section 151 has not been attached earlier or if such person cannot be arrested, the concerned police office may make a report, also indicating the description of his or her property, to the court for making attachment to the property to which such person has partition entitlement.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 156: Property to be attached:
Subsection (2)
(1) If the property belonging to a person If a report is made pursuant to sub-section (1), the concerned court shall issue an order to the concerned land revenue office or other body or institution to attach the property to which such person has entitlement.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 156: Property to be attached:
Subsection (3)
(1) If the property belonging to a person If, in attaching the property pursuant to sub-section (2), property more than that required to be attached has been attached, such person may make a petition to the concerned court to release such excess property attached.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 156: Property to be attached:
Subsection (4)
(1) If the property belonging to a person If a petition is made pursuant to sub-section (3) and, upon examination of such petition, it appears that excess property has been so attached, the court may make an order to the concerned land revenue office or body or institution to release the attachment of such excess property, and if such order is made, such office or body shall release such property.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 156: Property to be attached:
Subsection (5)
(1) If the property belonging to a person If an offender is liable to pay the claimed amount, compensation or other amount pursuant to a judgment of the court, 161 such amount shall, in accordance with this Chapter, be recovered from the property attached pursuant to sub-section (1), and only the remaining property shall be attached.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 157: Property may be auctioned:
(1) If any offender cannot be arrested even until six months from the date of issue of warrant for arresting that offender pursuant to sub-section (4) of Section 151, the amount of fine or compensation payable as per the judgment shall be recovered by receiving cash from the concerned body or institution if the property attached pursuant to Section 156 is cash and by auctioning the property so attached if it is other movable or immovable property and paying the amount in consideration for a fine or government claimed amount to the consolidated fund, and the amount remaining upon payment of compensation, if any, shall be returned to his or her successor.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 157: Property may be auctioned:
Subsection (2)
(1) If any offender cannot be arrested If the offender is arrested before terminating the record of sentence pursuant to this Act and intends to pay in cash the fine, claimed amount or compensation to which he or she is liable, the sentence of imprisonment shall be executed by returning to him or her the property attached pursuant to Section 156, upon recovering the expenses incurred in the execution of such attachment if such property has not yet been auctioned, and the proceeds of the auction sale of the property upon recovering the expenses incurred in the execution of such attachment and auction, if such property has been auctioned.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 158: Remission of sentence in the event of death of the person
sentenced: (1) In the event of the death of a person who is convicted by the court of an offence and sentenced therefor, the whole sentence 162 of imprisonment or fine remaining to be executed until the time of his or her death shall ipso facto be remitted.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 158: Remission of sentence in the event of death of the person
Subsection (2)
Notwithstanding anything contained in sub-section (1), if a person liable to pay any governmental or personal claimed amount, compensation or other amount dies before making such payment, such amount or compensation shall, in accordance with this Act, be recovered from the property belonging to that person only to the extent of the amount recoverable from such property.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 158: Remission of sentence in the event of death of the person
Subsection (3)
In making recovery of any claimed amount, compensation or amount pursuant to sub-section (2), the governmental claimed amount, compensation and personal compensation and claimed amount shall be recovered in respective order of priority from the property to the extent of recoverability from the property of such person.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
(1) A person who is sentenced by a court judgment to punishment for an offence may make a petition to the President, through the Ministry of Home Affairs, for the pardon, suspension, alteration or reduction of that sentence.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (2)
(1) A person who is sentenced by a court In making a petition pursuant to sub-section (1), the petitioner shall attach a copy of the judgment of the court by which he or she was sentenced.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (3)
(1) A person who is sentenced by a court If a petition made pursuant to sub-section (1) is forwarded by the President to the Ministry of Home Affairs for necessary action, the Ministry shall, having regard to the following matters, make a submission to the Government of Nepal to decide 163 whether or not to pardon, suspend, alter or reduce the sentence imposed on the petitioner: (a) Nature of the offence, and the circumstances under which the offence was committed, (b) Age and physical condition of the offender, (c) Limit/ceiling of the sentence imposed on the offender, (d) Whether or not the offender was sentenced to imprisonment for committing any offence prior to that punishment sentenced to him or her, and if he or she was so sentenced, the nature of such offence and the sentence served by him or her, (e) Whether or not the offender is held in detention.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (4)
(1) A person who is sentenced by a court Notwithstanding anything contained elsewhere in subsection (3), no action may be taken to pardon, suspend, alter or reduce the sentence imposed on the offender of any of the following offences: (a) Corruption, (b)  Torture, (c) Rape, (d) Murder in a cruel and inhumane way or by taking control, (e) Genocide, (f) Explosives, 164 (g) Kidnapping, hostage-taking or enforced disappearance, (h) Human trafficking and transportation, (i)  Money laundering, and (j) Narcotic drugs trafficking or transaction punishable by a sentence of imprisonment for a term exceeding three years.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (5)
(1) A person who is sentenced by a court Notwithstanding anything contained elsewhere in this Section, if the case is under consideration of any court by way of appeal, reference for sanction, review or revision or if the sentence imposed by the judgment of a court has not become final, the Ministry of Home Affairs may not take action referred to in subsection (3).
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (6)
(1) A person who is sentenced by a court Prior to making a decision pursuant to sub-section (3), the Government of Nepal may consult the parole and probation board established by law.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (7)
(1) A person who is sentenced by a court If, while making decision pursuant to sub-section (3), the Government of Nepal has any reasonable reason for pardoning the whole or any part of, suspending, altering or reducing, the sentence imposed on the petitioner, it shall make a recommendation, accompanied by its opinion along with the grounds therefor, to the President.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (8)
(1) A person who is sentenced by a court If the sentence imposed on any offender is pardoned, suspended, altered or reduced by the President pursuant to the recommendation made by the Government of Nepal under subsection (7), the Government of Nepal shall give a notice thereof to the concerned court. 165
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (9)
(1) A person who is sentenced by a court After receiving the notice referred to in sub-section (8), the concerned court shall accordingly void or update the records thereof.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (10)
(1) A person who is sentenced by a court The judgment of the concerned court shall not be voided by the reason of pardon, alteration or reduction of the sentence imposed on any person granted by the President pursuant to this Section, and it shall not affect in any manner the sentence already served or fine or claimed amount already paid by such person.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 159: Pardon many be made:
Subsection (11)
(1) A person who is sentenced by a court The Government of Nepal may make necessary standards for the purpose of making proposal or recommendation pursuant to sub-sections (3) and (7).
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 160: Records to be voided:
(1) The court shall, in the following circumstance, void the records of sentence established pursuant to sub-section (1) or (2) of Section 151, by setting out the reasons therefor: (a) If the sentence of imprisonment has been served by the offender pursuant to this Chapter, (b) If the sentence of imprisonment has been served by the offender by labor pursuant to the law in force, (c) If the sentence of imprisonment or punishment is remitted due to the death of the offender as mentioned in Section 158, (d) If the sentence of imprisonment has been served by the offender in a reform home or community center or by doing community service in accordance with the law in force, 166 (e) If the sentence imposed on the offender is pardoned in whole pursuant to Section 159, (f) If the offender pays the full amount for the fine or claimed amount or compensation pursuant to this Chapter, or (g) If amount in lieu of imprisonment or sentence or claimed amount or compensation imposed on the offender is recovered pursuant to this Chapter.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 160: Records to be voided:
Subsection (2)
(1) The court shall, in the following Notwithstanding anything contained in sub-section (1), if any person, who is sentenced to imprisonment or required to undergo imprisonment for a fine or government claimed amount or any other amount in accordance with the law in force, fails to appear in the court or to undergo imprisonment in the prison or cannot be arrested until the following period, the court shall void the records of sentence established in the case of such person: (a) Fifty years in the case of the sentence of imprisonment for life, (b) Forty years in the case of the sentence of imprisonment for a term exceeding ten years, (c) Thirty years in the case of the sentence of imprisonment for a term of five to ten years, (d) Twenty years in the case of the sentence of imprisonment for a term of one to five years, (e) Twelve years in the case of the sentence of imprisonment for a term not exceeding one year. 167
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 160: Records to be voided:
Subsection (3)
(1) The court shall, in the following If a person whose record is voided pursuant to subsection (2) is found after the expiry of the said period, the court shall execute the judgment in accordance with this Chapter as if the record were not voided in the case of him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 160: Records to be voided:
Subsection (4)
(1) The court shall, in the following In voiding the record pursuant to sub-section (2), the property belonging to that person, if any, attached pursuant to this Act, shall be forfeited and auctioned, and the proceeds of sale by auction shall be credited to the consolidated fund.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 160: Records to be voided:
Subsection (5)
(1) The court shall, in the following No person whose record has been voided by the reason of the non-completion of the service of sentence pursuant to this Section shall, notwithstanding anything contained in the law in force, be eligible to be appointed, nominated, designated or elected to any public office until such person serves such sentence pursuant to the judgment awarding the sentence.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 161: Period of detention undergone to be set off against sentence of
imprisonment: (1) If a person who, on conviction, is sentenced to imprisonment by a court judgment, has remained in detention or custody in the course of investigation, the period of such detention or custody shall be set off against the term of imprisonment imposed on him or her by the judgment, and such offender shall be imprisoned only for the remaining term of imprisonment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 161: Period of detention undergone to be set off against sentence of
Subsection (2)
If any offender who is not sentenced to imprisonment but to a fine only has remained in detention or custody in the course of investigation, the total amount to be set by three hundred rupees a day of the period of his or her detention or custody shall be set off against the amount of fine payable by him or her. 168
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 162: Execution of sentence of fine:
(1) Every person who is required to pay a fine in accordance with the records established pursuant to Section 151 shall pay the fine immediately.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 162: Execution of sentence of fine:
Subsection (2)
(1) Every person who is required to Notwithstanding anything contained in sub-section (1), if such person is not able to immediately pay the amount of fine but furnishes a property as the guarantee for the payment of such amount, the court may order that the amount of fine be paid up within one year in a maximum of three installments.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 162: Execution of sentence of fine:
Subsection (3)
(1) Every person who is required to Notwithstanding anything contained in sub-section (2), if the person so sentenced to fine has furnished any bail/bond or guarantee pursuant to Chapter 7 or Section 137, the court shall order that the amount of fine be recovered from such bail/bond or guarantee and only the remaining amount be paid in installments.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 162: Execution of sentence of fine:
Subsection (4)
(1) Every person who is required to Except in cases where the provision of payment of the amount of fine in installments is made pursuant to sub-section (2) or the service of sentence has already been made by remaining in detention or custody in the course of the proceedings of the case or the amount of fine is recoverable from the bail/bond or guarantee furnished pursuant to Chapter 7 or Section 137, the court shall order the concerned prison to imprison the offender in lieu of the fine if he or she fails to pay the amount of fine immediately.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 162: Execution of sentence of fine:
Subsection (5)
(1) Every person who is required to If an order is made pursuant to sub-section (4) and the offender who fails to pay the amount of fine pays some amount of fine or if the offender has remained in custody or detention in the course of the proceedings of the case and there is a situation that the period of such custody or detention undergone by him or her is to be set off against the period of imprisonment, the period of 169 imprisonment in the default of payment of the amount of fine shall be set by setting off the said period of imprisonment undergone, and the offender shall be imprisoned only for the remaining period in proportion to the period so set and the total amount of the fine.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 163: Provisions relating to government claimed amount or other
amount: (1) If a judgment decrees that the claimed amount be recovered, the recovery of a government claimed amount shall have priority over the recovery of a personal claimed amount. Provided that if any judgment has been made to recover a personal claimed amount before making the judgment to the effect that a governmental claimed amount be recovered, no priority shall be given to the government claimed amount.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 163: Provisions relating to government claimed amount or other
Subsection (2)
If the government claimed amount or other amount has not been recovered pursuant to the judgment or there is a situation that such amount cannot be recovered, except where the property belonging to the offender liable to pay such claimed amount or other amount has already been attached previously, such property shall be attached as soon as possible after the passage of the judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 163: Provisions relating to government claimed amount or other
Subsection (3)
If the offender fails to pay the claimed amount or other amount referred to in sub-section (1) within thirty days from the date on which the judgment becomes final, such amount shall be recovered, in the case of a movable property attached pursuant to sub-section (2), by receiving such movable property from the body holding it, and in the case of an immovable property so attached, by auctioning such immovable property. 170
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 163: Provisions relating to government claimed amount or other
Subsection (4)
Such person shall be imprisoned for the government claimed amount that has not been recovered even from the proceeds of the auction of the property pursuant to sub-section (3).
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 164: Imprisonment for government claimed amount:
(1) The concerned person shall pay any government claimed amount or any other amount held by a court judgment to be recoverable.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 164: Imprisonment for government claimed amount:
Subsection (2)
(1) The If such person fails to pay the government claimed amount or other amount referred to in sub-section (1), such amount shall be recovered by forfeiting his or her property.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 164: Imprisonment for government claimed amount:
Subsection (3)
(1) The If any government claimed amount or other amount could not be recovered even by making forfeiture referred to in subsection (2), the sentence of imprisonment for a term not exceeding the following term for the following claimed amount or such amount shall be set for such person: (a) One month for the claimed amount of five thousand to ten thousand rupees, (b) Three months for the claimed amount of ten thousand to twenty-five thousand rupees, (c) Six months for the claimed amount of twenty-five thousand to fifty thousand rupees, (d) One year for the claimed amount of fifty thousand to one hundred thousand rupees, (e) Six months for every fifty thousand rupees over one hundred thousand rupees. 171
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 164: Imprisonment for government claimed amount:
Subsection (4)
(1) The One shall be sentenced to imprisonment for an amount less than that set forth in clause (a) of sub-section (3) in a manner to set off three hundred rupees for each day.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 164: Imprisonment for government claimed amount:
Subsection (5)
(1) The Notwithstanding anything contained elsewhere in this Section, in sentencing to imprisonment for a government claimed amount, such sentence of imprisonment shall not be set to exceed seven years.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
compensation: (1) A person shall pay such personal claimed amount held to be payable by him or her, compensation or other amount to which the victim or his or her successor is entitled under the judgment of a court to the person who is entitled to get such payment within six months from the date of judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (2)
If such person fails to pay such claimed amount, compensation or amount within the period referred to in sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (1)
, he or she shall be liable to a fine not exceeding ten thousand rupees.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (3)
If the person required to pay such claimed amount, compensation or other amount within the period referred to in subsection (1), the person who is entitled to the recovery of such claimed amount, compensation or other amount may make a petition within three years from the date of final judgment, showing the property owned by the person liable to pay such claimed amount, compensation or other amount.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (4)
If a petition is made pursuant to sub-section (3), the court shall cause such claimed amount, compensation or other 172 amount to be recovered respectively by attaching and auctioning the said property.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (5)
If the person liable to pay a claimed amount, compensation or other amount pursuant to sub-section (1) pays the same to the court or if the claimed amount, compensation or other amount is recovered from the bail/bond or guarantee if any, furnished pursuant to sub-section (1) of Section 68, recovery shall be made accordingly.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (6)
If the person entitled to the recovery of a claimed amount, compensation or other amount is not able to find the property within the period referred to in sub-section (3), the court shall abate the petition, subject to the execution of recovery if he or she gives intimation as and when such property is found.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (7)
If the claimed amount, compensation or other amount could not be recovered pursuant to sub-section (4), the person entitled to recover the remaining claimed amount, compensation or other amount which could not be so recovered may make a petition for imprisoning the offender, within thirty days from the date of auction sale of the property of the offender or the date of abatement of the petition pursuant to sub-section (6).
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (8)
If a petition is made pursuant to sub-section (7), the court shall convert the remaining claimed amount or other amount into the term of imprisonment at the rate of three hundred rupees a day, and the person liable to pay such claimed amount or other amount shall be imprisoned accordingly. 173
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (9)
While imprisoning any person pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (8)
, such person shall not be imprisoned for more than two years in the case of a claimed amount of a particular person and for more than four years in the case of a claimed amount of a public body under full or majority ownership or control of the Government of Nepal, State Government or Local Level. Provided that while imprisoning any person for the nonrecovery of compensation, such person may be imprisoned for up to four years.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (10)
While imprisoning any person for a personal claimed amount, compensation or other amount pursuant to sub-section (8), if the claimed amount remains or is less than three hundred rupees, such person shall be imprisoned for one day for the same.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (11)
While imprisoning any person pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (8)
, the Government of Nepal shall bear such ration expenses as should be provided under law.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 165: Procedures for recovering personal claimed amount or
Subsection (12)
Notwithstanding anything contained elsewhere in this Section, if the person required to pay a claimed amount, compensation or other amount is held to have concealed or converted in any manner his or her property within the period set forth in subsection (1) or (3), twenty-five percent of such property shall devolve on one who discovers it, the remaining shall be used to pay the claimed amount, compensation or other amount and further remaining shall be deposited in the consolidated fund, notwithstanding anything contained in the law in force. 174
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 166: Recovery of amount under judgment from bail/bond:
(1) Notwithstanding anything contained elsewhere in this Chapter, if any offender has furnished any amount as a bail/bond pursuant to this Act, the fine, claimed amount, compensation or other amount payable by him or her by virtue of the judgment shall be recovered or caused to be recovered from that amount of bail/bond to the extent it is covered by such amount of bail/bond.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 166: Recovery of amount under judgment from bail/bond:
Subsection (2)
(1) In making recovery pursuant to sub-section (1), it shall be made in order of the following priority: (a) Fine, (b) Claimed amount, (c) Compensation, (d) Any other amount, if any.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 166: Recovery of amount under judgment from bail/bond:
Subsection (3)
(1) If the full recovery of the claimed amount, compensation or other amount cannot be made, or caused to be made, from the amount referred to in sub-section (1), only the remainder of the recoverable amount shall be recovered, or caused to be recovered, upon taking action pursuant to this Chapter.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 166: Recovery of amount under judgment from bail/bond:
Subsection (4)
(1) Notwithstanding anything contained elsewhere in this Chapter, except where any offender pays immediately the fine, claimed amount, compensation or other amount required to be paid by him or her pursuant to the judgment or its recovery can be made pursuant to sub-section (1), the fine, compensation or other amount shall be recovered by auctioning the property, if any, furnished as security/guarantee by him or her or by any other person on his or her behalf in accordance with this Act. 175
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 166: Recovery of amount under judgment from bail/bond:
Subsection (5)
(1) Notwithstanding anything contained elsewhere in this Section, if any other person has provided his or her property as a bail/bond or guarantee in favour of any offender, before auctioning the property of such other person, the court shall give a notice to him or her to pay the fine, claimed amount, compensation or other amount payable pursuant to the judgment within forty-five days, and if such person pays such amount within the said time, the property up to the limit of his or her bail/bond or guarantee shall be released.