yamraj047/nepali-legal-rag-data huggingface dataset:
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 8: Collection of proof and evidence upon making investigation:
(1) Upon receipt of any information that an offence set forth in Schedule-1 has been committed or is being committed or is likely to be committed, the concerned police office shall, as soon as possible, designate a police employee whose rank is at least assistant subinspector as the investigating authority and give information thereof to the concerned government attorney office and the higher police office; and the investigating authority so designated shall conduct investigation into such offence. Provided that a police employee whose rank is at least police inspector shall be designated to investigate into any of the following offences: (a) Offences set forth in Chapter-1, Chapter-12, Chapter17, Section 219 of Chapter-18, Sections 230, 231, 232, sub-section (4) of Section 233, Section 235, sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-2: Provisions Relating to Information on Commission of, and
Section 8: Collection of proof and evidence upon making investigation:
Subsection (4)
(1) of Section 238 of Chapter-19, Section 244 of
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
(1) The police or investigating authority may arrest any person related to an offence if such person is found or caught in the course of committing the offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (2)
(1) The police or If, in the course of investigation into any offence, it is necessary to arrest any person immediately in accordance with this Chapter, an application, along with the reason for such arrest, and the details disclosing the identity of the person to be arrested, as far as practicable, shall be made to the adjudicating authority for permission to issue a warrant of arrest.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (3)
(1) The police or If an application is made pursuant to sub-section (2) and the reason for arrest appears to be reasonable, the adjudicating authority may, on the same application, give permission to issue a warrant of arrest.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (4)
(1) The police or The form of a warrant of arrest shall be as referred to in Schedule-8.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (5)
(1) The police or The order referred to in sub-section (3) shall not be disclosed until the person to be arrested is arrested.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (6)
(1) The police or Notwithstanding anything contained in sub-section (2), if a person who is not arrested at once or there is a reasonable ground to believe that such person may abscond, escape or destroy the evidence, exhibits or proof, such person shall be arrested immediately upon issuing an urgent warrant of arrest in the form referred to in Schedule-9, and the matter shall be submitted to the adjudicating authority, along with the person so arrested, for permission.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (7)
(1) The police or If any person is arrested upon issuing an urgent warrant of arrest pursuant to sub-section (6), no other investigation related proceedings related to such offence may be initiated without obtaining permission from the adjudicating authority.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (8)
(1) The police or If the police is not available for the time being at the time of commission of any offence, any person who is present at the time of commission of that offence or who is eye witness thereto may prevent the person committing such offence from going away or escaping and hand him or her over to the nearby police office.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (9)
(1) The police or If it is necessary to arrest a person pursuant to subsection (1) or (6), such person shall, prior to arresting him or her, be informed of the cause necessitating his or her arrest and reminded, persuaded and ordered to surrender himself or herself.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (10)
(1) The police or If, in spite of the remainder, persuasion or order under sub-section (9), any person does not surrender himself or herself but makes attempt to evade, escape or avoid arrest or confronts or attempts to confront in any manner, with or without the use of force, the police employee may use necessary force to arrest him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (11)
(1) The police or If a woman is to be arrested pursuant to this Section, the woman shall be arrested by a female police as far as possible. Provided that if a female police is not available for the time being to arrest such woman, nothing shall bar the arresting of such woman by a male police employee in such manner as to respect her physical sensitivity and as not to undermine her dignity or prestige.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (12)
(1) The police or A person who is arrested pursuant to this Section or his or her body may be searched.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (13)
(1) The police or If there is a reasonable ground to suspect that any person to be arrested pursuant to this Section is residing in any house or place, that person may be arrested by making search of such house or place.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (14)
(1) The police or If a person is arrested upon making search pursuant to sub-section (13), the body of such person may also be searched.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (15)
(1) The police or The person who arrests such person or investigating authority shall take custody of any evidence related document or exhibits, evidence or any other thing found during the search made pursuant to sub-section (12) or (13), and give a receipt thereof.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 9: Power to arrest person related to offence:
Subsection (16)
(1) The police or Notwithstanding anything contained elsewhere in this Section, if any person commits any offence under Schedule-1 or Schedule-2 in the presence of any police employee or authority or in any government office, the concerned police employee, authority or chief of office may, as required, arrest such person.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 10: Preliminary investigation report to be forwarded:
(1) The investigating authority or police employee designated to investigate into any of the offences set forth in Schedule-1 or Schedule-2 shall conduct preliminary investigation immediately after a first information report or information as to the commission of such offence has been registered pursuant to Section 4.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 10: Preliminary investigation report to be forwarded:
Subsection (2)
(1) The Such investigating authority or police employee shall, after the commencement of the preliminary investigation pursuant to sub-section (1), forward a report thereof to the district government attorney office within three days. Explanation: For the purposes of this Chapter, the term "preliminary investigation" means the description of the scene of offence, deed on the scene of crime, search or seizure deed or deed of examination of corpse in the case of homicide, and, in the case of other offence, report, deed or other necessary description required to be prepared depending on the nature of such offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 10: Preliminary investigation report to be forwarded:
Subsection (3)
(1) The The government attorney may, upon receipt of a preliminary report pursuant to sub-section (1), give necessary instruction, accompanied by the reasons, to the investigating authority if the attorney thinks, on studying the report, that it is expedient to give such instruction to conduct further investigation into any matter in connection with the offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 10: Preliminary investigation report to be forwarded:
Subsection (4)
(1) The It shall be the duty of the concerned investigating authority to comply with the instruction given pursuant to subsection (3).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 11: Power to abate deceptive, false or fabricated information:
(1) If, also upon inquiring into the concerned person or informant in relation to the first information report or report received as to any offence set forth in Schedule-1 or Schedule-2, it appears that it is unnecessary or meaningless to conduct investigation into such offence by the reason that such report or information is deceptive, false or fabricated, the concerned police office shall send a report setting out that matter to the concerned government attorney office not later than three days in general cases.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 11: Power to abate deceptive, false or fabricated information:
Subsection (2)
(1) If, Upon receipt of a report pursuant to sub-section (1), the concerned government attorney office may abate the investigation into such offence for the time being subject to the conducting of investigation as and when additional evidence is found if there is no reasonable ground to conduct such investigation immediately or give direction, accompanied by the reason, to the investigating authority to conduct further investigation if, upon studying the nature of commission of offence on that occasion, it thinks appropriate to conduct investigation immediately.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 11: Power to abate deceptive, false or fabricated information:
Subsection (3)
(1) If, If the government attorney office gives direction to conduct investigation pursuant to sub-section (2), the concerned investigating authority shall conduct investigation into such offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 12: Power to form special team to conduct investigation:
(1) Notwithstanding anything contained elsewhere in this Chapter, if the Inspector General of Police or the pertinent superior authority of the investigating authority is of the opinion that it is appropriate to form a separate investigating team to conduct investigation into any offence set forth in Schedule-1 or Schedule-2 of this Act by the reason that such investigation cannot be conducted by the designated investigating authority alone in view of the gravity of that offence, the Inspector General of Police or such superior authority may form an investigating team consisting of his or her subordinate employees.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 12: Power to form special team to conduct investigation:
Subsection (2)
(1) Notwithstanding anything contained in sub-section (1), if it is required to form an investigating team consisting of other persons also, in addition to his or her subordinate employees, the pertinent superior authority of such investigating authority or the Inspector General of Police may, in consultation with the Attorney General on that matter, form an investigating team consisting of experts as well, and cause such investigation to be conducted by that team.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 12: Power to form special team to conduct investigation:
Subsection (3)
(1) If an investigating team is formed pursuant to subsection (1) or (2), such team shall conduct investigation, in exercise of the powers conferred to the investigating authority under this Chapter.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 12: Power to form special team to conduct investigation:
Subsection (4)
(1) If an investigating team is formed pursuant to subsection (1) or (2), the concerned investigating authority shall hand over to such team the details of investigation conducted by him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 12: Power to form special team to conduct investigation:
Subsection (5)
(1) The investigating team formed pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 12: Power to form special team to conduct investigation:
Subsection (1)
(1) or (2) shall conduct investigation and submit its report to the concerned government attorney and give information thereof to the concerned police office, as well.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 12: Power to form special team to conduct investigation:
Subsection (6)
(1) If, upon receipt of a report pursuant to sub-section (5), the government attorney considers it necessary to give necessary direction to conduct further investigation on any matter related to the offence, he or she may give necessary direction, accompanied by the reason therefor, to the investigating team.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 12: Power to form special team to conduct investigation:
Subsection (7)
(1) It shall be the duty of the concerned investigating team to comply with the direction given by the government attorney pursuant to sub-section (6).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 13: To hold in detention:
(1) A person who is arrested in accordance with this Chapter shall be held in detention.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 13: To hold in detention:
Subsection (2)
(1) A person who is arrested in accordance A person shall be detained pursuant to sub-section (1), only upon serving on such person a warrant for detention in the form referred to in Schedule-10, setting out the place where such person was arrested and the reason for holding in detention.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 13: To hold in detention:
Subsection (3)
(1) A person who is arrested in accordance If any person is detained pursuant to sub-section (1), there shall be prepared his or her records containing, inter alia, his or her name, surname, age, address including street, father's name, mother's name, citizenship certificate or other identity card, if any, disclosing his or her identity, and failing such certificate or card, driving license, passport, telephone number, if any, and duplicate copies of similar documents setting out his or her real identity.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 13: To hold in detention:
Subsection (4)
(1) A person who is arrested in accordance For the purposes of sub-section (3), the investigating authority may, as required, also take his or her photograph and thumb impressions of both hands, with palms.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 13: To hold in detention:
Subsection (5)
(1) A person who is arrested in accordance After the preparation of the records pursuant to subsection (3), the concerned police office or investigating authority shall give information, based on such records, about his or her detention to the person specified by the person held in detention to receive such information.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 13: To hold in detention:
Subsection (6)
(1) A person who is arrested in accordance If a person arrested pursuant to this Section intends to consult a law practitioner, the investigating authority shall allow him or her to consult such law practitioner.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
investigation, and procedures relating thereto: (1) After a person has been arrested under this Chapter for investigation into any offence, the person shall be produced before the adjudicating authority as soon as possible within twenty-four hours.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (2)
No person shall be held in detention in contravention of sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (3)
If it is necessary to hold any person in detention for a period exceeding that set forth in sub-section (1), the investigating authority shall make an application for remand, accompanied by the reasons and grounds for such detention, to the adjudicating authority through the government attorney office. Explanation: For the purposes of this Section, the period required for the journey from the place of arrest to the police office or from the police office to the court for the purpose of producing the person arrested before the adjudicating authority within twenty-four hours shall not be counted.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (4)
The application made by the investigating authority to the adjudicating authority pursuant to sub-section (3) shall clearly state the charge made against the detained person, grounds of such charge, reason for detaining him or her for investigation and details according to his or her deposition, if made.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (5)
A person who is produced for a remand for detention pursuant to sub-section (2) may, if he or she so wishes, make an application to the adjudicating authority for the physical examination of his or her body.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (6)
If the investigating authority requests for a remand for detention of a person pursuant to sub-section (3), the adjudicating authority may remand such person in detention for a maximum period of twenty-five days at one time or several times if, upon studying the relevant documents and also upon hearing the pleadings of the legal practitioner concerned, if considered necessary, the adjudicating authority thinks that it is necessary to keep on detaining such person for investigation.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (7)
Notwithstanding anything contained in sub-section (6), both the investigating authority and the government attorney may submit to the adjudicating authority a report, along with the reason, that investigation into any offence related to assault on the President, espionage, giving provocation to the desertion of a soldier, waging war against the State of Nepal, assistance to the army of a state involved in a war against Nepal, explosives, kidnapping or hostagetaking, out of the offences under Schedule-1, cannot be completed within the period given under sub-section (6).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (8)
If a report referred to in sub-section (7) is submitted, the adjudicating authority may, having regard to the status of investigation, remand the accused person in detention for a maximum of additional fifteen days at one time or several times. Provided that no person accused of any offence may be held in detention for a period exceeding the term of imprisonment that is imposable on him or her if he or she is held guilty thereof.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (9)
In issuing a remand order pursuant to sub-section (6) or
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (8)
, the adjudicating authority shall execute a memorandum, accompanied by the reasons therefor.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 14: Period during which one may be held in detention for
Subsection (10)
Notwithstanding anything contained elsewhere in this Section, if the investigating authority, in view of the nature of the offence, thinks it reasonable to conduct investigation without holding in detention a woman with pregnancy of more than seven months, a child, and a person over 75 years of age, such authority may conduct investigation by remanding such woman, child or person on recognizance, and executing a memorandum to that effect, accompanied by the reasons therefor.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 15: Power of investigating authority to release person held in
detention: (1) If it does not appear necessary or appropriate to keep on detaining a person held in detention in the course of investigation under this Act, the investigating authority may, with the consent of the government attorney or by executing a memorandum, accompanied by the reasons therefor, where it is not possible to obtain such consent for the time being, remand such person on bail/bond or guarantee or personal guarantee furnished by any reliable person or on recognizance to appear on appointed days.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 15: Power of investigating authority to release person held in
Subsection (2)
In remanding any person on bail/bond, or on recognizance to appear on appointed days pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 15: Power of investigating authority to release person held in
Subsection (1)
, a deed shall be caused to be executed by the person so released, covenanting that he or she shall appear when it becomes necessary to institute the case against him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 15: Power of investigating authority to release person held in
Subsection (3)
A person who furnishes personal guarantee pursuant to sub-section (1) shall cause the person released on his or her personal guarantee to appear at such time as appointed by the investigating authority or government attorney office.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 15: Power of investigating authority to release person held in
Subsection (4)
If a person who furnishes personal guarantee fails to cause such person to appear at the time appointed pursuant to subsection (3), he or she shall be liable to a fine of five thousand rupees.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 15: Power of investigating authority to release person held in
Subsection (5)
Where investigation has been conducted by remanding a person on recognizance to appear on appointed days, the investigating authority shall give information thereof to the government attorney and the higher police office.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 16: Deposition and interrogation:
(1) The investigating authority may take deposition from the accused in relation to any offence under Schedule-1 or Schedule-2 in the presence of the government attorney.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 16: Deposition and interrogation:
Subsection (2)
(1) The investigating authority may In taking deposition pursuant to sub-section (1), the government attorney shall have the right to ask necessary matter as required to be set out in relation to the offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 16: Deposition and interrogation:
Subsection (3)
(1) The investigating authority may The investigating authority shall interrogate, as necessary, any person, who is believed, based on a reasonable ground, to have knowledge of any important matter in connection with any offence under Schedule-1 or Schedule-2. Provided that if it is required to interrogate any child or any person who is physically incompetent, such child or person may be interrogated at his or her abode. Explanation: For the purposes of this Section, the term "physically incompetent" means a physically incompetent person such as one who cannot make movement, who is with visual impairment or who is of elderly age.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 16: Deposition and interrogation:
Subsection (4)
(1) The investigating authority may The investigating authority shall, if interrogation is made pursuant to sub-section (3), record the matters interrogated in the form referred to in Schedule-11 and attach the same with the concerned case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 16: Deposition and interrogation:
Subsection (5)
(1) The investigating authority may If it is necessary to have a document executed by a child or physically incompetent person pursuant to this Section, it shall be executed in presence of his or her guardian or other person available.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 16: Deposition and interrogation:
Subsection (6)
(1) The investigating authority may If any person who is to make deposition or be interrogated pursuant to this Section is not able to present before the investigating authority for the reason of physical illness or it is not appropriate to cause his or her presence before such authority for the reason of his or her security, the investigating authority may take statement of or interrogate such person through video conference.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 16: Deposition and interrogation:
Subsection (7)
(1) The investigating authority may The investigating authority shall, if statement is taken or interrogation made pursuant to sub-section (6), arrange for maintaining the records thereof.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 17: To answer question asked: The concerned person shall assist in
investigation by giving answer, to the best of his or her knowledge, to any question asked by the investigating authority in connection with any offence being investigated under this Chapter. Provided that no person shall be compelled to give any answer which might be of self-incriminatory nature.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
(1) If, in conducting investigation into any offence under Schedule-1 or Schedule-2, the investigating authority has a reasonable ground to suspect that any document, exhibit, evidence, accused or other person connected with such offence is in any place, the authority may search such person or place and seize such document, exhibit or evidence.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (2)
(1) If, in conducting investigation into any Prior to making a search pursuant to sub-section (1), there shall be served on the person residing for the time being in the house to be searched a notice in writing, accompanied by the reason for making search, in the form referred to in Schedule-12.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (3)
(1) If, in conducting investigation into any In making a search pursuant to sub-section (1), it shall be made upon executing a deed in the form referred to in Schedule13.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (4)
(1) If, in conducting investigation into any The investigating authority shall get the concerned house owner or person to search him or her as well, prior to entering into such place in order to make search pursuant to sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (5)
(1) If, in conducting investigation into any In making a search of a house or room where only women reside or stay pursuant to sub-section (1), such search shall be made by entering into such house or room, being accompanied by another wamen also, as far as possible. Provided that in searching the body of a woman, such search shall be caused to be made by a female police or by any other woman if such police is not available for the time being.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (6)
(1) If, in conducting investigation into any The employee making search shall prepare a deed in duplicate containing the description of the objects connected with the offence found during search, the scene and circumstance thereof, give one copy of the deed to the concerned person and retain the other copy in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (7)
(1) If, in conducting investigation into any If a person or place to be searched is located in the area under jurisdiction of another police office, the investigating authority may make a request in writing to such police office to make search of such person or place.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (8)
(1) If, in conducting investigation into any If a request is made pursuant to sub-section (7), a police employee of that police office whose rank is at least assistant subinspector of police shall search such person or place, prepare a deed referred to in sub-section (1) and send it to the authority making such request.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (9)
(1) If, in conducting investigation into any Notwithstanding anything contained in sub-section (7), if the investigating authority thinks that any evidence could be concealed or destroyed in the event of making a request in writing to such police office, the investigating authority himself or herself may go to the place or site where the person to be searched is staying and search such person or place pursuant to this Section and shall give information thereof to the concerned office or police office.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (10)
(1) If, in conducting investigation into any If the authority making search pursuant to this Section wishes to take with him or her any object connected with the offence and found in the course of making search, he or she may do so only after giving a receipt thereof to the concerned person.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (11)
(1) If, in conducting investigation into any Except where there is a reasonable ground to believe that any exhibit or evidence may be concealed or destroyed or the suspected person may flee or escape if search of any place is not made immediately, the search of a house owned by any person shall be made any time from the sunrise to the sunset.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (12)
(1) If, in conducting investigation into any Where the authority making search seeks an entry into any house or place in the course of making a search pursuant to this Section, the owner of the house or place or the person who has taken charge of such house or place or any other person residing there for the time being shall allow such authority to enter into such house or place, by opening its gate or door or in any other manner, and if such entry is denied, the authority making search may enter into the house or place by breaking the key, if any, or breaking or demolishing only such parts of the windows, doors, roofs, walls etc. of such house or place as may be necessary to enter into such house or place and in such manner as to cause minimal loss or damage as far as possible.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (13)
(1) If, in conducting investigation into any If, for any reason, it is not possible for a person who has entered into any house or place to exit from it in a normal way after making search pursuant to this Section, the person may exit from it by breaking or demolishing any such part of its windows, doors, roofs, walls etc. as may be necessary to exit from it and in such manner as to cause minimal loss or damage as far as possible.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (14)
(1) If, in conducting investigation into any Search must be made without carrying any objects other than the clothes put on by the authority making search and any employee deputed to assist the authority in making search and the persons in whose presence the search is made pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (5)
(1) If, in conducting investigation into any of Section 16 and the items to be used in the operation of search; and the concerned person may, if he or she so wishes, search the body of any such authority, employee or other persons prior to the commencement of the operation of search.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 18: Power to make search:
Subsection (15)
(1) If, in conducting investigation into any The authority who is competent to search any person, house or place pursuant to this Section shall, prior to making such search, show his or her identity card to the concerned house owner, place owner or person to ensure that he or she is the authority competent to make such search.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 19: Requirement of presence in executing deeds:
(1) The investigating authority shall, in preparing a deed on the scene of crime, describing the real and actual facts of the scene of such offence, prepare it in accordance with sub-sections (2), (3) and (4) of Section 8.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 19: Requirement of presence in executing deeds:
Subsection (2)
(1) The investigating In preparing a deed on the scene of crime pursuant to sub-section (1) or searching any person, object or place or examining the corpse, in the case of homicide, or, in the case of commission of any other offence, in preparing necessary deeds depending on the nature of such offence, such deed or deeds shall be executed in the presence of at least two local people available at that place and one member of the Local Level or if no such member is available, one employee of the government office, if any, and the accused persons who are found out as well as the informant. Provided that such deed on the scene of crime shall not be considered as unduly executed by the reason only that it has not been executed in the presence of the accused or the informant.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 19: Requirement of presence in executing deeds:
Subsection (3)
(1) The investigating In making a search of any place under the ownership or charge of a person, the search shall be made in the presence of such person also, if available.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
(1) If information is received that a person is dead due to culpable homicide or accident or suicide or in an unusual situation or in any other suspicious circumstance, the investigating authority shall immediately go to the place where the corpse is located and examine the corpse.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (2)
(1) If information is received In examining the corpse pursuant to sub-section (1), a deed containing, as far as practicable, the following matters, in the form referred to in Schedule-14, and take photographs of the corpse and the concerned scene in a manner to describe the actual situation of the corpse: (a) The identifying description of the corpse, (b) The circumstances of the place where the corpse is located and of the corpse, (c) If any wound, injury, bruise, abrasion or mark is seen on the corpse, the description of each wound, injury, bruise, abrasion or mark including the part where such wound, injury, bruise, abrasion or mark is seen, the number, length, breadth, depth and description thereof, (d) Description of the instrument causing such death and the related description seen on the corpse, other than those mentioned in clause (c), (e) Any such other sign or symptom seen on the corpse that could be helpful in finding out the cause of death, (f) Description of other significant matters, if any.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (3)
(1) If information is received The concerned investigating authority shall, upon examining the corpse pursuant to sub-section (1), send the corpse to a government medical doctor or an expert designated in that behalf by the Government of Nepal or a licensed medical doctor for postmortem, at the government expenses.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (4)
(1) If information is received The Government of Nepal shall make available to the concerned police office such expenses as required for post-mortem pursuant to sub-section (3).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (5)
(1) If information is received A report of post-mortem conducted pursuant to subsection (3) shall be prepared in the form referred to in Schedule-15.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (6)
(1) If information is received Notwithstanding anything contained in sub-section (3), if, after the execution of the deed on examination of the corpse pursuant to sub-section (1), it does not appear, from such examination of corpse, that the death was caused as a result of the commission of any offence or in a suspicious circumstance, and the investigating authority concludes that the post mortem of the corpse is not necessary, he or she shall execute a memorandum thereon, setting out the reasons for the same, in the presence of distinguished local persons and retain the memorandum in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (7)
(1) If information is received If it is not possible or seems impossible to examine the corpse because of the corpse being decayed or rotted, the concerned investigating authority shall execute a deed setting out that matter, in the presence of local distinguished persons. Provided that if, in spite of the corpse being decayed or rotten, there is a situation that the cause of death can be found out by other examination of the corpse or any of its parts, such other scientific examination may be carried out.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (8)
(1) If information is received After the completion of post mortem or execution of the deed pursuant to sub-section (6), the concerned police employee shall hand over the corpse to the successor to the deceased and get a receipt from the latter.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (9)
(1) If information is received If the successor refuses to receive the corpse pursuant to sub-section (8) or no successor is present or the successor cannot be identified, the concerned police employee shall perform the last rites and rituals of the corpse at government expenses.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (10)
(1) If information is received If the investigating authority deems it appropriate to be accompanied by the concerned expert in the course of examining the corpse or conducting post mortem or collecting any other proof or evidence, he or she may also be accompanied by such expert.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 20: Examination of corpse to be made:
Subsection (11)
(1) If information is received If the expert or medical doctor examining a corpse or conducting the post mortem pursuant to this Section thinks that it is necessary to conduct the post mortem by a team consisting of more than one expert in order to find out the real cause of death or the investigating authority thinks that it is necessary to have the post mortem conducted by a team of experts in order to find out the cause of death of a person, the post mortem may be conducted by such team.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 21: Examination of physical evidence to be made:
(1) If the investigating authority thinks, in view of the nature of any offence, that evidence related to that offence can be obtained if the examination of the blood, semen, hair or any other part of body of the concerned person or arms, thing or object, DNA or any other matter is conducted in order to find out the offender, he or she may cause the examination of such blood, semen, hair or other part of body, arms, thing, object, DNA or any other physical evidence to be conducted by a government medical doctor or recognized laboratory. Provided that if it is required to examine any bodily organ of a woman, such examination shall be caused to be conducted by any female doctor, if available, and by a male doctor in the presence of a woman if such female doctor is not available.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 21: Examination of physical evidence to be made:
Subsection (2)
(1) If the The concerned person shall assist the investigating authority in the provision of a sample of blood, semen, hair or organ, arms or object required for the examination pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 21: Examination of physical evidence to be made:
Subsection (1)
(1) If the .
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 21: Examination of physical evidence to be made:
Subsection (3)
(1) If the The concerned doctor or laboratory shall prepare a report of examination conducted pursuant to sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 22: Examination of injury:
(1) If any person sustains any injury, wound, bruise, abrasion etc. on his or her body in an incident that happened because of hurt and makes application for the examination of injury or the investigating authority so requests, the government doctor or health worker shall examine his or her injury, wound, bruise, abrasion etc. and prepare a report of such examination in the form referred to in Schedule-16.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 22: Examination of injury:
Subsection (2)
(1) If any person sustains any injury, If, in addition to that mentioned in sub-section (1), a person held in detention in the course of investigation or any other person on his or her behalf makes an application, accompanied by the reasonable ground, stating that evidence may be found, upon the examination of his or her body, that he or she has been subjected to hurt or torture or any other offence has been committed to him or her, the court may order that physical examination of such person be conducted by a government doctor or a doctor or health worker designated by the Government of Nepal.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 22: Examination of injury:
Subsection (3)
(1) If any person sustains any injury, Even in conducting physical examination pursuant to sub-section (2), injury examination referred to in sub-section (1) shall also be conducted.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 22: Examination of injury:
Subsection (4)
(1) If any person sustains any injury, The concerned doctor, expert or laboratory shall provide a report of examination conducted pursuant to Sections 20, 21 and this Section to the concerned office or investigating authority not later than three days after the date of such examination, excluding the time required for journey.