yamraj047/nepali-legal-rag-data huggingface dataset:
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 (6)
(1) In the case of the remainder of the amount which cannot be recovered from the property referred to in sub-section (3), it shall be recovered by auctioning the offender’s other property; and while so making recovery, recovery shall be made in priority referred to in sub-section (2).
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 (7)
(1) If the offender's partition share has not been set aside for the purpose of making auction pursuant to sub-section (6), auction shall be made by setting aside his or her partition share in accordance with law.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 167: Procedures for attachment, forfeiture or control of property
Subsection (1)
While attaching, forfeiting or taking control of the property of any offender pursuant to this Act, the concerned court shall follow the following procedures: (a) If the property is being registered or licensed separately, to give a notice of attachment to the office responsible for registering, transmitting, issuing or renewing the license, 176 (b) If the property is cash, to give a notice of attachment to the body holding such cash, (c) If the property is that crops or rent can be harvested in or collected from it, the court shall order the concerned Local Level to collect such corps or rent and pay the amount into the deposit account, (d) If it is the property subject to speedy decay or spoil or livestock, the court shall cause such property to be auctioned and the proceeds of such auction to be paid into the deposit account.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 167: Procedures for attachment, forfeiture or control of property
Subsection (2)
While attaching the property of any person pursuant to this Act, if that person has lent a loan to anyone else or invested it, the court shall issue an order to the borrower restraining him or her from realizing the principal amount, interest or any other return of the said loan or investment.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 167: Procedures for attachment, forfeiture or control of property
Subsection (3)
The court shall require the borrower to pay to it the principal amount, interest, return or similar other amount of the loan or investment referred to in sub-section (2).
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 167: Procedures for attachment, forfeiture or control of property
Subsection (4)
If any other person has right in the property attached pursuant to this Section, such person may make a complaint to the court making attachment within thirty-five days from the date of knowledge of such attachment, by showing his or her right in that property.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 167: Procedures for attachment, forfeiture or control of property
Subsection (5)
If a complaint is made pursuant to sub-section (4), the court shall decide as to the right in the property if it is empowered by 177 law to make such decision and shall forward the complaint to the proper court, if it has no such power.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 167: Procedures for attachment, forfeiture or control of property
Subsection (6)
If the court makes any decision pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 167: Procedures for attachment, forfeiture or control of property
Subsection (5)
, a person who is not satisfied with such decision may make an appeal in accordance with law.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 168: To appoint date for appearance for recovery of claimed amount,
compensation or other amount:  (1) While appointing a date for appearance for causing the recovery of the claimed amount, compensation or other amount pursuant to the judgment, the date for appearance shall be appointed, by indicating the purpose for which the date is so appointed. Provided that the government party shall not be required to be on recognizance for a government claimed amount or compensation.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 168: To appoint date for appearance for recovery of claimed amount,
Subsection (2)
If the person entitled to have recovery does not appear on the date for appearance appointed pursuant to sub-section (1), the recovery proceedings shall be postponed on that day.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 168: To appoint date for appearance for recovery of claimed amount,
Subsection (3)
If the person entitled to have recovery of the claimed amount, compensation or other amount makes a petition, showing a reasonable reason for his or her absence on the date appointed for appearance pursuant to sub-section (1), to the court within fifteen days, such claimed amount, compensation or other amount as is recoverable to such person under the judgment shall be recovered to him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 168: To appoint date for appearance for recovery of claimed amount,
Subsection (4)
If the person who is entitled to have recovery of the claimed amount, compensation or other amount and does not appear on the date appointed pursuant to sub-section (1) fails to make a 178 petition within the period referred to in sub-section (2), the recovery of such claimed amount, compensation or other amount shall be abated for one year.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 168: To appoint date for appearance for recovery of claimed amount,
Subsection (5)
If the concerned person makes appearance within the period referred to in sub-section (4), the recovery of the claimed amount, compensation or other amount recoverable under the judgment shall be made.
The National Criminal Procedure (Code) Act, 2017
Chapter-15: Provisions Relating to Execution of Judgments
Section 168: To appoint date for appearance for recovery of claimed amount,
Subsection (6)
If the concerned person fails to appear within the period referred to in sub-section (4), no action shall thereafter be taken in relation to the recovery of such claimed amount, compensation or other amount. 179
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 169: Cases to be tried by District Court: The case trying authority, if
any, designated by the Government of Nepal, by a notification in the Nepal Gazette, shall try any of such cases set forth in the Penal Code, and the District Court shall try the other cases.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 170: Priority order for trying cases:
(1) The court shall proceed, hear and adjudicate cases as per the following order of priority: (a) A case to which a person held in detention in the course of investigation is a party, (b) A case to which a person remanded in custody for trial is a party, (c) A case to which a person held in imprisonment is a party, (d) A case to which a person with disability or a child is a party, (e) A case to which a person with physical disability or a person of over seventy-five years of age is a party, (e) A case relating to violence against woman, (f) A case which is accorded priority in proceeding or hearing pursuant to law, (g) A case registered earlier according to the order of registration of cases.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 170: Priority order for trying cases:
Subsection (2)
(1) The court shall proceed, hear While proceeding and adjudicating any case involving any other persons, in addition to those mentioned in clauses (a), (b) 180 or (c) of sub-section (1), as parties, proceeding, hearing and adjudication shall be made also in the case of such persons.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 170: Priority order for trying cases:
Subsection (3)
(1) The court shall proceed, hear Out of the cases in which more than one person who are remanded in detention or custody are parties, the case of the person who has been held in detention or custody earlier shall be proceeded, heard and adjudicated first.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 170: Priority order for trying cases:
Subsection (4)
(1) The court shall proceed, hear Notwithstanding anything contained in sub-sections (1),
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 170: Priority order for trying cases:
Subsection (2)
(1) The court shall proceed, hear and (3), the court may, in view of the gravity and propriety of any case, proceed, hear and adjudicated such case by according priority to it.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 171: Index of documents: There shall be maintained an index of
documents in each case in the form referred to in Schedule-50, and such index shall record the serial number and description of the documents, according to the order of the date of registration.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 172: Disposal of documents: After the completion of five years of the
final decision of a case, the court shall dispose the documents other than the following documents enclosed in the case-file of the said case: (a) Complaint, charge sheet or plaint, (b) Statement of the accused or the note of defense, (c) Statement equivalent to the note of defense, (d) Originals of evidence, (e) Memorandum of appeal, if any, (f) Petition for review or revision of the case, if any, (g) Judgment or final decision made by the court, 181 (h) Map, inventory form, statements of property, (i) Such other documents as considered necessary to be preserved in accordance with law. Explanation: For the purposes of this Section, the term "final decision” means the decision made by the appeal hearing court in relation to a judgment appealed for, and the decision made by the court competent to make sanction in relation to a reference judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 173: Document to be translated:
(1) If any document written in any language other than the Nepali language is submitted to the court in the form of evidence, the court may, as required, order the party who has submitted such document to submit an authentic translation of the document in the Nepali language.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 173: Document to be translated:
Subsection (2)
(1) If any document written in any The concerned party as ordered by the court pursuant to sub-section (1) shall make translation of such document in the Nepali language and submit its certified copy to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 173: Document to be translated:
Subsection (3)
(1) If any document written in any If there arises any dispute as to the translation referred to in sub-section (2), the court may summon the presence of and examine any expert in such matter.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 174: Assistance of interpreter may be taken:
(1) If it is required to take statement or deposition of any accused or witness who is unable to understand or speak the Nepali language or for any other purpose, the investigating authority, prosecutor or the court may take assistance of an interpreter of the concerned language or the sign language. 182
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 174: Assistance of interpreter may be taken:
Subsection (2)
(1) If it is required to take The Government of Nepal shall bear the expenses incurred in taking assistance of the interpreter pursuant to subsection (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 175: Copies to be provided:
(1) The concerned party to a case or his or her law practitioner may obtain a copy of any document contained in the case-file of any case, by paying such fees as provided by law. Provided that any law practitioner may obtain the copy of a judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 175: Copies to be provided:
Subsection (2)
(1) The concerned party to a case or his or Notwithstanding anything contained in sub-section (1), no copy of a document that has to be kept confidential pursuant to law shall be provided.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 176: Not to try case involving conflict of interest:
(1) No judge shall proceed, hear and adjudicate any of the following cases: (a) A case involving right, interest or concern of him or her or his or her close relative, Explanation: For the purposes of this Section, the term “close relative” means a person who is, by relation, entitled to succeed to his or her property upon his or her death or maternal uncle, maternal aunt, mother's elder sister, mother's younger sister, mother's elder sister's husband, mother's younger sister's husband, mother-in-law, father-in-law, father’s sister, father’s sister's husband, elder brother-in-law, younger brother-in-law, elder sisterin-law, younger sister-in-law, elder sister, younger sister, elder sister's husband, younger sister's 183 husband, daughter-in-law, nephew, niece, niece's husband, niece's daughter-in-law, maternal grandfather, maternal grand-mother or any person having such relation in the family. (b) A case in which he or she has become an attorney, law practitioner or witness on any occasion, (c) A case which he or she, in capacity of the judge, has decided or made a final order therein in any court, (d) A case in which he or she has given opinion as to whether or not to institute it on any occasion, (e) A case involving, for any other reason, a substantial interest of him or her or any of his or her joint family members.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 176: Not to try case involving conflict of interest:
Subsection (2)
(1) No judge shall If there appears any circumstance referred to in subsection (1), the judge shall make order, setting out the reason therefor, to the effect that he or she cannot try the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 176: Not to try case involving conflict of interest:
Subsection (3)
(1) No judge shall If any judge proceeds to try, hear or adjudicate any case in a manner contrary to sub-section (1), any party may make a petition, accompanied by necessary evidence, for not so trying, hearing or adjudicating the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 176: Not to try case involving conflict of interest:
Subsection (4)
(1) No judge shall If a petition is made pursuant to sub-section (3), the judge shall, before proceeding, hearing or adjudicating the case, make decision as to whether the claim of such petition is reasonable or not.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 176: Not to try case involving conflict of interest:
Subsection (5)
(1) No judge shall If, while making decision pursuant to sub-section (4), the claim of petition appears reasonable or the judge himself or 184 herself has made order pursuant to sub-section (2) that he or she should not proceed, hear or settle the case, such case shall be referred to another judge, if any, in the same court and in absence of such judge, submission shall be made to the appeal hearing court for the transfer of the case in accordance with sub-section (3) of Section 96.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 177: Acts to be done by judge himself or herself:
(1) The judge himself or herself shall do the following acts, out of the acts to be done by the court pursuant to this Act: (a) Taking and recording a statement or deposition of the accused or of a witness, (b) Taking an oath of a witness, (c) Issuing order for remanding in custody or on bail/bond or guarantee, (d) Executing a memorandum of orders on matters to be decided in the case, (e) Issuing an order for the examination of evidence, (f) Issuing an interim or interlocutory order, (g) Hearing of the case, (g) Holding preliminary and pre-trial discussion in the case, (i) Issuing any other kind of order as required, (j) Passing a judgment or final order.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 177: Acts to be done by judge himself or herself:
Subsection (2)
(1) The judge himself Notwithstanding anything contained in sub-section (1), the following matters may be carried out as follows: 185 (a) An employee in the court whose rank is at least nongazette first class may record the evidence or deposition of a witness, at the direction of the judge. (b) In the absence of the judge, the senior-most employee out of the employees present in the court may make an order pursuant to Chapter 6 in respect of taking depositions of the accused or remanding him or her in custody or taking a bail/bond or guarantee from him or her. Provided that the order made pursuant to this clause shall be submitted to the judge immediately when the judge attends the court, and the judge may, upon examining it, uphold, void or amend that order.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 177: Acts to be done by judge himself or herself:
Subsection (3)
(1) The judge himself The acts other than those contained in sub-section (1) or
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 177: Acts to be done by judge himself or herself:
Subsection (2)
(1) The judge himself may be done by any employee subordinate to the judge, at the direction or on the order of the latter.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 178: Procedure to be followed for releasing detainee or prisoner:
(1) If any detainee or prisoner has to be released pursuant to the judgment or order of the court, the court shall send such order stating the reasons for release, full name and address of the detainee or prisoner and detail of the case to the concerned prison.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 178: Procedure to be followed for releasing detainee or prisoner:
Subsection (2)
(1) If Upon receipt of the order referred to in sub-section (1), the concerned prison shall immediately release the detainee or prisoner in pursuance of such order.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 178: Procedure to be followed for releasing detainee or prisoner:
Subsection (3)
(1) If Notwithstanding anything contained in sub-sections (1) and (2), if any detainee or prisoner to be released pursuant to the 186 judgment or order is present in the court, he or she shall, upon judgment, be released immediately and a notice thereof shall be given to the concerned prison.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 179: To give notice on release of property subject to attachment: In
releasing any property attached in accordance with this Act pursuant to the court judgment or order, the court shall give a notice thereof to the concerned office and the person responsible for such attachment.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 180: Pleading and appeal to be made by government attorney:
(1) The government attorney shall, on behalf of the Government of Nepal, plead and defend the cases related to the offences under Schedule-1 and Schedule-2.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 180: Pleading and appeal to be made by government attorney:
Subsection (2)
(1) The The concerned authority shall file and appeal cases related to the offences under Schedule-3, and the concerned government attorney shall, if so requested, defend such cases.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 180: Pleading and appeal to be made by government attorney:
Subsection (3)
(1) The The government attorney shall, while pleading cases, plead them as per the prevailing norms on professional conduct.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 180: Pleading and appeal to be made by government attorney:
Subsection (4)
(1) The Except as otherwise provided in the law in force, the government attorney shall have power to make appeal against or file a petition for the review or revision of, any judgment or order passed or made by the court in any case referred to in sub-section (1) in the event of not being satisfied with such judgment or order.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 180: Pleading and appeal to be made by government attorney:
Subsection (5)
(1) The Notwithstanding anything contained elsewhere in this Section, if it is necessary that any particular case, in which the Government of Nepal is plaintiff, be pleaded by any other law practitioner in addition to the government attorney, the concerned body shall, assigning the reason therefor, obtain consent of the 187 Attorney General or the government attorney authorized by him or her for the same.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 180: Pleading and appeal to be made by government attorney:
Subsection (6)
(1) The Upon receiving the consent pursuant to sub-section (5), such body may appoint another law practitioner.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 180: Pleading and appeal to be made by government attorney:
Subsection (7)
(1) The The law practitioner appointed pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 180: Pleading and appeal to be made by government attorney:
Subsection (6)
(1) The shall plead the case, subject to the general direction by the Attorney General or the government attorney authorized by him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 181: Power of government attorney to make complaint: If any decision
or order made by any judicial or quasi-judicial body has an effect in the title, interest or concern of the Government of Nepal and there is no authority specified by law to file the case, make appeal or review petition or make a complaint or petition in any other manner against such order or decision, the Attorney General or the government attorney designated by him or her may, subject to law, make a complaint, appeal or review or other petition to the concerned authority against such decision or order on that matter.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 182: To register document tendered for registration in court:
(1) The court shall immediately register a document tendered for registration in it and give a receipt thereof if the document is found to meet the requirements of the law.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 182: To register document tendered for registration in court:
Subsection (2)
(1) The If a document tendered for registration pursuant to subsection (1) is not found to meet the requirements of the law, the court shall return the document, by making endorsement setting out its failure to meet the requirements. 188
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 182: To register document tendered for registration in court:
Subsection (3)
(1) The If, in relation to the matters of a document returned upon making endorsement pursuant to sub-section (2), the document is made to meet the requirements as set out by endorsement and is tendered for registration within the statute of limitation or time-limit or within seven days after the date of endorsement if that date is the deadline for the registration of such document, it shall be registered and proceeded with in accordance with law.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 183: Identity of victim or witness may be kept secret:
(1) Notwithstanding anything contained elsewhere in this Act, if the investigation authority thinks that the disclosure of the identity of a person who is a victim or witness of any particular offence may be prejudicial to the social prestige or honor of such person or witness or may result in undue fear, terror or fright by the accused or other party or be prejudicial to his or her body or life, the authority may make a request to the court, through the government attorney, that the name, surname, address of such person or witness or the name of his or her father or any other description which may disclose his or her identity be kept secret.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 183: Identity of victim or witness may be kept secret:
Subsection (2)
(1) If a request is made pursuant to sub-section (1), the court may order that the name, surname and address of such victim or witness and his or her father's name or his or her identity be kept secret.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 183: Identity of victim or witness may be kept secret:
Subsection (3)
(1) In disclosing the name, surname, address of the person or his or her father's name having been kept secret pursuant to subsection (1) at the time of hearing of the concerned case or publishing details pertaining thereto, such disclosure shall be made under fake 189 name, surname, address or father's name, pursuant to the order of the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 184: Deposition, document or deed made or executed before
investigating authority may be recorded in audio-visual means:
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 184: Deposition, document or deed made or executed before
Subsection (1)
Notwithstanding anything contained elsewhere in this Act, the investigating authority may, in the following circumstance, record, or cause to be recorded, the deposition, document or deed of a victim of an offence, informant or witness through any audio-visual means, in the presence of the government attorney: (a) If the investigating authority has a reasonable reason to believe that the accused may, by way of putting undue influence on, or showing fear, terror, intimidation or threat to the victim of an offence, the informant or any witness, prevent such victim, informant or witness from appearing before the court or compel him or her to make statement or deposition contrary to the statement or document which he or she has made or executed before the investigating authority, in spite of his or her appearance in the court, (b) If such person, informant or witness is, owing to physical infirmity or being a child, not able to appear before the police office or government attorney office, (c) If any thing to be submitted to the court as evidence cannot be taken to the court from the place where that thing is situated. 190
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 184: Deposition, document or deed made or executed before
Subsection (2)
The court may admit in evidence the audio-video means recorded pursuant to sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 185: Performance of activities by higher level employee:
(1) Any function or duty that is required to be or may be performed by any government attorney, police officer or any other officer pursuant to this Act may also be performed by such government attorney of higher level or of the same level as designated by the Attorney General or by such police employee of higher level or of the same level as designated by the Inspector General of Police or by any other officer of higher level or of the same level in the concerned office.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 185: Performance of activities by higher level employee:
Subsection (2)
(1) Any Any function or duty performed pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 185: Performance of activities by higher level employee:
Subsection (1)
(1) Any shall be deemed to have been performed by the competent authority.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 186: Receipt to be taken or given:
(1) While returning any document registered in the court to any person or handing over any document by the court to any person, a receipt or proof to the effect that such document has been so returned or handed over shall be executed or taken and enclosed in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 186: Receipt to be taken or given:
Subsection (2)
(1) While returning any document The court shall, while receiving any document submitted by any person to it, give a receipt thereof to that person.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 187: To make assistance in witnessing and giving signature or thumb
impression: (1) If any person is bound to witness any act in the course of proceedings or affixing signature or thumb impression on a document prepared by the court pursuant to this Act, such person 191 shall assist the court by so being witness or affixing signature or thumb impression on such document.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 187: To make assistance in witnessing and giving signature or thumb
Subsection (2)
If any person bound to witness any act or affix signature or thumb impression on any document pursuant to sub-section (1) refuses to do so, the employee executing that act or document may sign and execute such document, by taking signature or thumb impression of any other two persons present, setting out that matter and remarks, along with the reason for the failure of such person to witness or sign the document.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 187: To make assistance in witnessing and giving signature or thumb
Subsection (3)
Any document executed pursuant to sub-section (2) shall be deemed to have been executed in fulfillment of the requirements specified by law.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 187: To make assistance in witnessing and giving signature or thumb
Subsection (4)
If any person bound to affix his or her signature or thumb impression on any document executed before the court refuses to do so, the judge shall set out the matter, mention remarks in the document and sign it.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 187: To make assistance in witnessing and giving signature or thumb
Subsection (5)
If any person does not assist the court by omitting to witness any act or to affix signature or thumb impression on any document under this Section, the court may fine such person with a maximum of five thousand rupees.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 187: To make assistance in witnessing and giving signature or thumb
Subsection (6)
If any person, when affixing his or her signature or thumb impression on a document pursuant to this Act, expresses his or her disagreement over any matter contained in the document, he or she may affix his or her signature or thumb impression on it, separately stating his or her remarks. 192
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 188: Action not to be instituted:
(1) No question shall be raised nor any case instituted in any court in respect of any decision, prosecution, pleading and defense made by the government attorney in relation to any case pursuant to this Act.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 188: Action not to be instituted:
Subsection (2)
(1) No question shall be raised nor any No action may be taken in respect of any act done or action taken in good faith by the investigating authority in relation to the investigation of any of the offences under Schedule-1 and Schedule-2.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 189: Provision of investigating committee:
(1) Notwithstanding anything contained elsewhere in this Act, the following committee shall investigate into a complaint filed in relation to the offence investigated or prosecuted dishonestly as referred to in Section 99 of the Penal Code: (a) Joint Attorney General of at least gazetted first class designated by the Attorney General -Chairperson (b) At least gazetted first class officer of the Government of Nepal, as designated by the Government of Nepal -Member (c) At least gazetted first class officer of the Nepal Police, as designated by the Government of Nepal -Member
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 189: Provision of investigating committee:
Subsection (2)
(1) Notwithstanding If, in conducting investigation, the committee referred to in sub-section (1) finds that such investigation or prosecution has been conducted or made dishonestly, it shall write to the concerned government attorney office to institute the case in relation thereto. 193
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 190: Power to grant permission to take over case: If, in any case of the
offence under Schedule-4 involving the recovery of any kind of movable or immovable property, other than a case involving the recovery of a claimed amount or sentence of imprisonment or fine, the complainant dies or becomes of unsound mind or goes away and the time-limit and the date appointed for appearance by the court get expired, and his or her successor makes a petition for the extension of the time-limit and appointed date for appearance, within thirtyfive days from the date of his or her death, being of unsound mind or going away, excluding the time required for journey, the court may issue an order extending the expired time-limit and appointed date for appearance.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 191: Mutual legal assistance may be effected: If a summons or warrant
for arrest has to be issued to, or any evidence to be taken from, any offender of a case related to any offence to be proceeded, heard and adjudicated pursuant to this Act who is in a foreign country or it is necessary to assist in the service of a summons or warrant for arrest on, or take any evidence from, any accused of a case sub judice in a foreign court, who is in Nepal, the matter shall be dealt with in accordance with the mutual legal assistance law.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 192: Documents may be exchanged through electronic means: The
documents referred to in this Act may be exchanged through electronic means in accordance with the law in force related to electronic transactions.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 193: Not to be affected by printing or mathematical error: If there is
any mathematical or other minor error or omission in writing or printing in respect of the procedures under this Act, while conducting 194 investigation, prosecution and other proceeding of a case under this Act, all acts and proceedings related thereto shall not be deemed illegal by that reason alone.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 194: Coordination committee:
(1) There shall be a coordination committee as follows, in order to bring effectiveness in the investigation and prosecution of cases of offences under Schedule-1 or Schedule-2, by making coordination, as required, between the bodies involved in such investigation and prosecution: (a) Attorney General -Chairperson (b) Secretary, Ministry of Law, Justice and Parliamentary Affairs -Member (c) Secretary, Ministry of Home Affairs -Member (d) Inspector General of Police, Nepal Police -Member (e) Such government attorney of gazetted first class level or above in the Office of Attorney General as designated by the Attorney General -Member secretary
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 194: Coordination committee:
Subsection (2)
(1) There shall be a coordination The rules of procedures of the coordination committee shall be as determined by itself.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 195: Departmental action to be taken: A public servant who fails to do
act or take any action required to be done or taken pursuant to this Act within the period, if any, specified by this Act shall be liable to departmental action in accordance with law. 195
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 196: Power to frame rules:
(1) The Government of Nepal may, in consultation with the Attorney General, frame rules on matters of investigation, and the Supreme Court may frame rules on matters of court proceedings, for the implementation of this Act.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 196: Power to frame rules:
Subsection (2)
(1) The Government of Nepal may, in While framing rules pursuant to sub-section (1), the Judicial Council shall be consulted on the matters pertaining to the administration of justice.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 197: Power to frame directives: (1 In order to make acts to be carried
out under this Act simple, clear and well managed, the following authority may, as required, make and enforce directives on the following matters: (a) The Government of Nepal, on the advice of the Attorney General, in respect of the investigation and prosecution of cases of offences under Schedule-1 or Schedule-2, (b) The Attorney General in respect of the pleading, defense or legal opinion in relation to the cases related to offences under Schedule-1 or Schedule-2, (c) The Supreme Court in respect of the service of summons under Chapter 6, (d) The Supreme Court in respect of the management of court or bench; (e) The Supreme Court in respect of the execution of judgments under Chapter 15, 196 (f) The Government of Nepal, in consultation with the Attorney General, in respect of the withdrawal of cases pursuant to Section 116, (g) The Government of Nepal, in consultation with the Attorney General, in respect of pardon pursuant to Section 159, (h) The Supreme Court in respect of the other court proceedings.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 197: Power to frame directives: (1 In order to make acts to be carried
Subsection (2)
The directives referred to in sub-section (1) shall be deemed to have been issued under this Act.
The National Criminal Procedure (Code) Act, 2017
Chapter-16: Miscellaneous
Section 198: Power to make alteration in Schedules: The Government of Nepal
may, as required, make any alteration in or addition to or deletion from the offences set forth in Schedule-1 or Schedule-2, by a notification in the Nepal Gazette.
National Civil Code 2017
Part-1
Chapter-1: General Provisions
Section 1: Short title and commencement:
(1) This Act may be cited as the "National Civil (Code), 2017".
National Civil Code 2017
Part-1
Chapter-1: General Provisions
Section 1: Short title and commencement:
Subsection (2)
(1) This Act may be cited as the It shall come into force on 17 August 2018 (first day of the month of Bhadra of the year 2075).
National Civil Code 2017
Part-1
Chapter-1: General Provisions
Section 2: Definitions: Unless the subject or the context otherwise requires, in
this Act,- (a) “court” means the Supreme Court, High Court or District Court, and this term includes a court, other judicial body or authority authorized by law to proceed and adjudicate any specific type of civil cases, (b) "law" means a law in force for the time being, (c) "person" means a natural person and this term includes a legal person, (d) "law-suit" means a statement of claims, and this term includes any other kind of complaint, claim, counterclaim or equivalent petition, (e) “minor” means a child who has not attained eighteen years of age, (f) "Local Level" means the Rural Municipality (Gownpalika) or Municipality, (g) "property" means any movable or immovable property, (h) "heir" means a person who is in the order of priority for succession pursuant to Section 239.
National Civil Code 2017
Part-1
Chapter-1: General Provisions
Section 3: Not to prejudice special legal provisions: Where a law in force
provides a separate provision in any matter regulated by this Act, no provision of this Act shall affect such a matter.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 4: Principles and provisions applicable generally: The principles
and provisions referred to in this Chapter shall generally be applicable to the matters of civil law.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 5: Ignorance of law not to be excused: The ignorance of law shall
not be excused. Every one shall be presumed to have the knowledge of law.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 6: Act against public interest not to be carried out: No one may
carry out any act in such a manner so that it may be against public interest.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 7: Act contrary to law to be invalid: Any act contrary to law shall be
invalid.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 8: A wrongdoer to bear liability for loss or damage:
(1) A person who causes loss or damage to another person by committing a wrong while doing, or causing to be done any act shall bear the liability for such loss or damage.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 8: A wrongdoer to bear liability for loss or damage:
Subsection (2)
(1) A Every person shall himself or herself bear the consequences of any wrongful act committed by him or her.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 8: A wrongdoer to bear liability for loss or damage:
Subsection (3)
(1) A Except as otherwise provided for in this Act or law, the concerned person shall bear compensation to perform the liability referred to in sub-section (1).
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 8: A wrongdoer to bear liability for loss or damage:
Subsection (4)
(1) A Determination of the Compensation shall be as provided for in the law.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 9: Act causing nuisance to other not to be done: No person shall do,
or cause to be done, any act that causes nuisance, annoyance or damage to prestige, reputation or property of another person.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 10: Not to enjoy benefit of wrong: No person shall be entitled to enjoy
benefit accrued from his or her own wrong.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 11: Act against interest to be invalid: Any act done against the
interest of a person who is under one's own guardianship, curatorship, subjection or influence or likely be under influence shall be invalid.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 12: Personality to be recognized: Every person shall recognize other
person's personality.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 13: Good neighborhood to be maintained: Every person shall
maintain so good neighborhood as not to cause damage, loss to the community or neighbors of his or her residence.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 14: Not to be relieved from civil liability: No person shall be relieved
from a civil liability under the law merely on the ground that the proceeding of criminal offense is initiated or not initiated against him or her.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 15: Custom or tradition contrary to law not to be recognized: No
custom or tradition contrary to law shall be recognized in the dispensation of justice.
National Civil Code 2017
Part-1
Chapter-2: General Principles of Civil Law
Section 16: Applicable to foreigners as well: Except in cases where the
subject, context or nature requires application of any legal provision only to a Nepali citizen, this Act or other provisions concerning civil law shall be equally applicable to a foreigner as well.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 17: To be equal before law:
(1) Every citizen shall be equal before law.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 17: To be equal before law:
Subsection (2)
(1) Every citizen shall be equal before No citizen shall be deprived of equal protection of law.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 18: Discrimination not to be made:
(1) No discrimination shall be made in the application of general law on grounds of origin, religion, color, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or on similar other ground.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 18: Discrimination not to be made:
Subsection (2)
(1) No discrimination shall be No person shall discriminated in any public and private place on grounds of origin, religion, color, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or on similar other ground; and no person shall, on such ground, be prevented from using service, amenities or utilities of public use or from entering into a public place or public religious place or from performing religious act according to his or her will.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 18: Discrimination not to be made:
Subsection (3)
(1) No discrimination shall be No person shall be discriminated on ground of sex with regard to remuneration and social security for the same work.
National Civil Code 2017
Part-1
Chapter-3: Provisions Relating To Civil Rights
Section 18: Discrimination not to be made:
Subsection (4)
(1) No discrimination shall be In appointing any citizen to a governmental or public office, he or she shall be appointed only on the basis of the qualifications determined by the law. In so appointing, no citizen shall be discriminated on grounds of origin, religion, color, caste, race, sex, physical condition, disability, condition of health, marital status, pregnancy, economic condition, language, region, ideological conviction or similar other ground.