yamraj047/nepali-legal-rag-data huggingface dataset:
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 22: Examination of injury:
Subsection (5)
(1) If any person sustains any injury, If it appears that a person held in detention was subjected to hurt or torture as referred to in sub-section (2), the court shall order the concerned police office to have treatment of the person so subjected to hurt or torture, provide an interim relief to him or her and take, in accordance with law, departmental action against the person who so subjected him or her to hurt or torture.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 22: Examination of injury:
Subsection (6)
(1) If any person sustains any injury, If the investigating authority does not write to the government doctor or health worker for the examination of injury pursuant to sub-section (1), the concerned person may make a petition explaining that matter to the court, and the court may, if such petition is made, send a precept to the government doctor or health worker for such examination.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 23: Expert opinion may be obtained:
(1) The investigating authority may, if he or she so deems necessary, be accompanied by any expert in the course of investigation or seek opinion of any expert on any matter connected with the offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 23: Expert opinion may be obtained:
Subsection (2)
(1) The investigating authority It shall be the duty of the concerned expert to give his or her opinion if he or she is so asked pursuant to sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 23: Expert opinion may be obtained:
Subsection (3)
(1) The investigating authority The expert opinion given pursuant to sub-section (2) shall be recorded in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 23: Expert opinion may be obtained:
Subsection (4)
(1) The investigating authority If any expert referred to in this Section is a nongovernmental person, the Government of Nepal shall provide expenses to be incurred in the obtaining of his or her service.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 23: Expert opinion may be obtained:
Subsection (5)
(1) The investigating authority Notwithstanding anything contained elsewhere in this Section, if the investigating authority, for the reason of the sensitivity or complexity of any case, considers appropriate to do so, and makes recommendation for obtaining the opinion of the medical board or any other expert in such case, the Government of Nepal may form such board.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 23: Expert opinion may be obtained:
Subsection (6)
(1) The investigating authority If a board is formed pursuant to sub-section (5), the board shall give opinion on that matter.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 24: Identification to be made:
(1) If it is necessary to identify any person in connection with any case, a police employee whose rank is at least assistant sub-inspector of police shall cause such identification to be made. Provided that the proceedings of a case shall not be affected substantially by the reason only that such identification has not been made.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 24: Identification to be made:
Subsection (2)
(1) If it is necessary to identify any In having identification pursuant to sub-section (1), the person to be identified shall be kept in a place where such person cannot be seen and looked, and at least four persons who resemble to such person in age, color or physical structure shall, as far as practicable, be dressed uniformly, with whom such person shall be kept together, and every person making identification shall make identification separately.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 24: Identification to be made:
Subsection (3)
(1) If it is necessary to identify any The form of identification shall be as referred to in Schedule-17.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 24: Identification to be made:
Subsection (4)
(1) If it is necessary to identify any The matter as to whether the person making identification was able to make identification pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 24: Identification to be made:
Subsection (2)
(1) If it is necessary to identify any shall be recorded and retained in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 24: Identification to be made:
Subsection (5)
(1) If it is necessary to identify any A police employee whose rank is at least assistant subinspector of police may cause to be made the identification of any exhibit, thing or object connected with any case, by executing a deed on identification.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 25: Police diary to be maintained:
(1) Every police officer conducting investigation under this Chapter shall maintain a police diary, in the form referred to in Schedule-18, in which every proceeding made by him or her in the course of investigation shall be recorded immediately.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 25: Police diary to be maintained:
Subsection (2)
(1) Every police officer conducting Such police officer shall record the following matters in the diary maintained pursuant to sub-section (1): (a) The date and time of receipt of information about the offence, and the resume thereof, (b) The activities carried out by him or her in the course of investigation, (c) The place or scene which he or she has visited in the course of investigation, (d) The exhibits, proofs, evidence or other necessary things found in the course of investigation, (e) Details of the person, if any, arrested in the course of investigation, (f) The name, address of each person whom he or she has interrogated in the course of investigation, and matters stated by such person in relation to the offence, (g) Nature of the person arrested or inquired, (h) Other relevant fact or information obtained in the course of investigation of the offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 25: Police diary to be maintained:
Subsection (3)
(1) Every police officer conducting The government attorney or court may, as required, procure and examine the police diary maintained pursuant to in subsection (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 25: Police diary to be maintained:
Subsection (4)
(1) Every police officer conducting The authority higher than the concerned investigating authority may, if he or she so wishes, inspect the matters set forth in the diary maintained pursuant to sub-section (1) and also give necessary direction in connection with the investigation.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 26: Advice, opinion may be sought in relation to investigation:
(1) The concerned investigating authority may, in conducting investigation pursuant to this Chapter, seek advice or opinion of the government attorney on any matter.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 26: Advice, opinion may be sought in relation to investigation:
Subsection (2)
(1) If advice or opinion is sought pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 26: Advice, opinion may be sought in relation to investigation:
Subsection (1)
(1) , the concerned government attorney shall give his or her advice or opinion.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 26: Advice, opinion may be sought in relation to investigation:
Subsection (3)
(1) If, in giving advice or opinion pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 26: Advice, opinion may be sought in relation to investigation:
Subsection (2)
(1) , the government attorney deems that it is necessary to carry out further investigation into any matter or to collect further evidence or to seize any exhibit, evidence or to inquire any person into any matter, the government attorney may direct the investigating authority to do, or cause to be done, accordingly.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 26: Advice, opinion may be sought in relation to investigation:
Subsection (4)
(1) It shall be the duty of the concerned investigating authority to comply with the direction given pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 26: Advice, opinion may be sought in relation to investigation:
Subsection (3)
(1) .
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 27: Power of the Attorney General to give direction in the course of
investigation: (1) The Attorney General may obtain necessary information about the investigation undergoing into any criminal case to be filed by the Government of Nepal.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 27: Power of the Attorney General to give direction in the course of
Subsection (2)
If, upon having information pursuant to sub-section (1), the Attorney General is of the opinion that investigation into any criminal offence which is a state case is insufficient or that any special measure, method or mode required to be adopted or followed have not been adopted or followed during investigation into such offence or that further investigation should be conducted into such offence, he or she may, at any time, give direction to the investigating authority or the departmental head of that authority in respect of the investigation.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 27: Power of the Attorney General to give direction in the course of
Subsection (3)
It shall be the duty of the concerned authority to comply with the direction given pursuant to sub-section (2).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 28: Records of first information reports to be maintained:
(1) The investigating authority, in making petition to the court for a remand to hold the arrested person in detention pursuant to sub-section (3) of Section 14, shall submit one copy of the first information report or information, which was made or given to the police office or the investigating authority, to the adjudicating authority through the government attorney.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 28: Records of first information reports to be maintained:
Subsection (2)
(1) The The adjudicating authority shall maintain separate records of the report or information referred to in sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 29: Power to forward the matter to the concerned body
Notwithstanding anything contained elsewhere in this Act, if, in the course of investigating into any offence under Schedule-1 or Schedule-2, it appears that the offence has to be investigated into under other law, the matter, accompanied by the progress details of investigation, may be forwarded to the concerned body or authority for investigation into it.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 30: Investigation into offence committed outside Nepal:
(1) If there is a legal provision that a case can be instituted in a court of Nepal in relation to an offence that was committed or took place outside Nepal, investigation conducted into such offence by fulfilling the following procedures shall, notwithstanding anything contained elsewhere in this Act, be deemed to have been duly conducted under this Act: (a) Any investigation conducted in accordance with the provisions of the treaty, if any, concluded with any country providing that investigation into any criminal offence, in respect of which a case may be instituted in a court of Nepal, can be conducted by the competent authorities of each other country, (b) Failing a treaty referred to in clause (a), any investigation conducted by the investigating authority designated in that behalf by the Government of Nepal, by obtaining, through diplomatic channel, consent of, and in cooperation with, the competent authority of the country where the offence was committed, (c) In cases where any investigation cannot be conducted pursuant to clause (a) or (b), investigation conducted by the competent investigating officer of the country where the offence was committed, (d) In cases where even the circumstance referred to in clause (c) does not exist, investigation conducted by the investigating authority of the area where the accused was apprehended or of the area of his or her permanent abode if the accused is not apprehended.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 30: Investigation into offence committed outside Nepal:
Subsection (2)
(1) If there is If the report of or documents related to the investigation conducted pursuant to sub-section (1) has been executed in any language other than the Nepali language, authentic Nepali translation of such documents shall be submitted to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 30: Investigation into offence committed outside Nepal:
Subsection (3)
(1) If there is If it appears from the investigation conducted pursuant to sub-section (1) that a case has to be filed against any person, the concerned government attorney shall frame a charge sheet and file the case in the court in accordance with this Chapter.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 31: Investigation report to be sent:
(1) After the completion of investigation made into any offence under Schedule-1 or Schedule-2, the investigating authority shall prepare an investigation report, in the form referred to in Schedule-19, accompanied by the originals and duplicates of the documents, and exhibits and evidence contained in the case-file, setting out under which law any or all of the persons suspected of committing the offence shall be punishable if it appears that there is sufficient evidence to make indictment against such accused, and setting out the relevant matter if it appears that the offence has not been committed or in spite of the commission of the offence, the accused cannot be traced out or that there is no sufficient evidence to make indictment against any accused, and send such report to the concerned government attorney office.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 31: Investigation report to be sent:
Subsection (2)
(1) After The report referred to in sub-section (1) shall be sent at least fifteen days in advance of the expiry of the statute of limitation under the relevant law in relation to a case not involving a detainee, and normally three days in advance of the day for filing a case, also having regard to the time required to make decision of whether or not to institute the case and the time required for preparing a charge sheet and filing it in the court, in relation to a case involving a detainee.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 31: Investigation report to be sent:
Subsection (3)
(1) After Upon receipt of the case-file, together with the investigation report pursuant to sub-section (1), the concerned government attorney office shall study the case-file, evaluate the proofs and evidence collected in the course of investigation, and send it to the Attorney General for decision to or not to institute the case. Provided that where the Attorney General has delegated his or her power to decide to or not to institute the case to the subordinate officer, such case-file shall be sent to the concerned officer. Explanation: For the purposes of this Section, the term "subordinate officer" means the government attorneys under the Attorney General, and this term also includes, unless otherwise provided in the Constitution, any such officer or employee of the Government of Nepal as authorized by the Attorney General to institute any other case involving the Government of Nepal as the plaintiff.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 31: Investigation report to be sent:
Subsection (4)
(1) After If, in studying a case-file in connection with making decision of whether or not to institute a case pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 31: Investigation report to be sent:
Subsection (3)
(1) After , the government attorney deems it necessary to collect further proof and evidence or conduct further investigation or make further interrogation with any person, the government attorney may direct the investigating authority to collect such proof and evidence or conduct such further investigation or make interrogation with such person and send the same.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 31: Investigation report to be sent:
Subsection (5)
(1) After If the government attorney gives direction to conduct further investigation into the offence pursuant to sub-section (4), the investigating authority shall complete further investigation within fifteen days of the date of receipt of such direction.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 31: Investigation report to be sent:
Subsection (6)
(1) After If the investigating authority thinks that further investigation referred to in sub-section (5) cannot be completed within the time specified in that sub-section and any person is held in detention, the investigating authority may release such person on recognizance, with or without taking guarantee undertaken by a reliable person.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 31: Investigation report to be sent:
Subsection (7)
(1) After If the investigating authority submits a report, accompanied by the reason, to the government attorney under this Section that a case cannot be instituted against any person, and any person is held in detention in the course of investigation, the investigating authority shall keep holding such person in detention until the government attorney makes decision to or not to institute the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-20: of Part-2 of the Penal Code,
Section 31: Investigation report to be sent:
Subsection (8)
(1) After Notwithstanding anything contained elsewhere in this Chapter, where decision has been made not to institute a case on any offence set forth in Schedule-1 because of the absence of evidence but any significant evidence is obtained subsequently, investigation into such offence may be conducted again and the charge sheet may be filed.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
(1) If, on studying a case-file in the course of making decision to or not to institute a case pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (3)
(1) If, on studying a case-file in the course of of Section 31, and in view of the proof and evidence collected, the concerned government attorney considers that there is adequate evidence for instituting the case, the concerned government attorney shall, in relation to a case under Schedule-1 or 2, prepare a chargesheet, setting out the following matters, in the form referred to in Schedule-20 and shall submit the charge sheet to the concerned court within the time limit: (a) Full name, surname, address, description, age, occupation or business of the accused, (b) Name of the father, mother, husband or wife of the accused, (c) Village Body or Municipality where the accused is residing, ward number, village, street, block number, if available, (d) Description setting out the actual identity of the accused, his or her photograph, duplicate copies of his or her citizenship or passport, driving licence or other document indicating his or her actual introduction, (e) Biometrics of pointing fingers of both hands of the accused, (f) If the accused is staying in a rented house, details including the name, surname and address of the house owner, (g) The contents of the information related to the offence, (h) The particulars of the offence, (i) The details of exhibits and evidence in substantiation of the commission of the offence by the accused, (j) The charge made against the accused, and the grounds thereof and reasons therefor, (k) The relevant laws to be applied, and the reasons therefor, (l) The demand for punishment to be imposed on the accused, and the reasons therefor, (m) The amount of compensation, if any, required to be awarded to the person who has sustained injury from the offence, (n) Particulars of other necessary matters, if any, related to the nature of the offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (2)
(1) If, on studying a case-file in the course of A charge sheet to be submitted pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (1)
(1) If, on studying a case-file in the course of shall be accompanied by the proofs, evidence, exhibits and objects collected in connection with the offence, and the accused if held in detention.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (3)
(1) If, on studying a case-file in the course of If the law gives any specific name to the offence alleged to have been committed by the accused, the charge sheet to be submitted pursuant to sub-section (1) shall mention that name in connection with such offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (4)
(1) If, on studying a case-file in the course of If the law in force does not give any name to the offence pursuant to sub-section (3), name shall be so given to the offence, also having regard to the elements of the offence according to the nature of the offence, that the accused can clearly understand the charge made against him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (5)
(1) If, on studying a case-file in the course of If information is received that the accused has already been sentenced for any offence or the accused should be liable to enhanced punishment by the reason that the accused has also been previously convicted of any offence, the charge sheet filed pursuant to sub-section (1) shall also mention the date of previous conviction of the accused, the name of the court awarding the punishment and the case or if such matter is discovered later, it shall be mentioned as and when so discovered.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (6)
(1) If, on studying a case-file in the course of If the government attorney makes decision not to institute a case against any person in connection with any offence pursuant to sub-section (3) of Section 31 owing to the fact that the evidence and proof collected for the time being in connection with that offence are not sufficient enough to institute the case against that person, and if such offence also involves a matter of civil liability related to the loss of and damage to the personal property or amount of any person, the government attorney shall give information thereof to the informant or the victim of such offence, through the concerned investigating authority.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (7)
(1) If, on studying a case-file in the course of If, upon receipt of information referred to in sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (6)
(1) If, on studying a case-file in the course of , the concerned person may, notwithstanding anything contained in the law in force, file a case, if he or she so wishes, within sixty days of the date of receipt of such notice, as if it were an offence under Schedule-4.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (8)
(1) If, on studying a case-file in the course of If a case is instituted only against any person out of more than one person subjected to investigation pursuant to this Act or if investigation has been conducted as if it were a state case and the investigation discloses that such case cannot be instituted as a state case pursuant to this Act but can be instituted under other Act and decision is made to that effect or such case can be instituted as an individual case, the concerned government attorney shall immediately send information thereof to the concerned High Court Government Attorney Office and Office of Attorney General.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (9)
(1) If, on studying a case-file in the course of Upon receipt of the information pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (8)
(1) If, on studying a case-file in the course of , the High Court Government Attorney Office shall study such matter and decide to or not to institute the case, and if there appears a reasonable reason for instituting the case, it shall give direction, accompanied by the reasons therefor, to the concerned government attorney to institute the case; and upon receipt of such direction, such government attorney shall file a charge sheet or supplementary charge sheet and institute the case against those persons whom the case was not instituted against.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (10)
(1) If, on studying a case-file in the course of If the High Court Government Attorney Office decides not to institute the case pursuant to sub-section (9), it shall give information thereof to the Office of Attorney General.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (11)
(1) If, on studying a case-file in the course of Upon receipt of the information under sub-section (10), the Office of Attorney General shall be give necessary direction to the concerned government attorney as to whether or not to institute the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (12)
(1) If, on studying a case-file in the course of If information is received under sub-section (8) that case can be instituted under other law and such content is found reasonable, the High Court Government Attorney Office shall give information thereof to the concerned person.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 32: To file charge sheets:
Subsection (13)
(1) If, on studying a case-file in the course of Except as otherwise provided in this Chapter, where a bail/bond or guarantee has been taken from any person in the course of investigation and, upon investigation, decision is made not to institute the case against him or her, the bail/bond or guarantee so furnished shall be returned to such person.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 33: Filing of charge sheet claiming for lesser punishment:
(1) Notwithstanding anything contained elsewhere in this Chapter, if the accused of any offence assists the investigating authority in the course of conducting investigation into such offence, the investigating authority may, in consideration for such assistance, recommend to the government attorney for a reduction in the sentence than can be imposed on such accused under the law.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 33: Filing of charge sheet claiming for lesser punishment:
Subsection (2)
(1) If a recommendation is received pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 33: Filing of charge sheet claiming for lesser punishment:
Subsection (2)
(1) , the government attorney may, also having regard to such recommendation, file a charge sheet with conditional claims, with a proposal for a reduction in the sentence that can be imposed on the accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 33: Filing of charge sheet claiming for lesser punishment:
Subsection (3)
(1) In filing a charge sheet pursuant to sub-section (2), the government attorney may file the charge sheet proposing for a reduction in the sentence as follows: (a) If the accused pleaded guilty of the offence in whole, before the investigating authority or prosecuting authority, a reduction of a maximum of twenty-five percent of the sentence that can be imposed on the accused, (b) If the accused pleaded guilty of the offence in which he or she was also involved and assisted in revealing detailed facts as to the offence and the other offenders or gang involved in the offence or the principal giving direction to commit the offence or in arresting the persons involved in the offence or, in the case of any organized offence or offence committed in a group, in locating the other persons involved in that offence or the place where criminal conspiracy of such offence was made, in seizing or forfeiting any motor vehicle, machine, equipment or other object or arms used for the commission of such offence, a reduction of a maximum of fifty percent of the sentence that can be imposed on the accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 33: Filing of charge sheet claiming for lesser punishment:
Subsection (4)
(1) In order to make a pray for the reduction in the sentence under sub-section (2), the documents contained in the case-file of the concerned case shall clearly demonstrate that such accused has rendered such assistance.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 33: Filing of charge sheet claiming for lesser punishment:
Subsection (5)
(1) Notwithstanding anything contained elsewhere in this Section, a pray cannot be made for the reduction in the sentence in any of the following offences or circumstances: (a) If the accused has once availed of the facility under this Section, (b) If the accused was sentenced to imprisonment, a period of three years has not lapsed after the service of such sentence, (c) If the accused has already been sentenced for the same offence in which he or she is accused of.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 33: Filing of charge sheet claiming for lesser punishment:
Subsection (6)
(1) If, after the filing of a charge sheet praying for a reduction in the sentence pursuant to sub-section (2), the accused makes before the court a deposition that is different from the deposition which he or she has made before the investigating authority or the government attorney or furnishes hostile evidence or denies committing the offence or does not assist in judicial proceedings, such accused shall not be entitled to get the facility referred to in this Section.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 33: Filing of charge sheet claiming for lesser punishment:
Subsection (7)
(1) In the case referred to in sub-section (6), the government attorney shall revoke the reduction of sentence proposed pursuant to sub-section (1) or (2) and make a petition to the court praying for additional sentence, and such petition shall be an integral part of the same charge sheet.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
(1) If it appears that it is not practicable to file a case on any minor offence of any specific type or it does not substantially affect public interests, the government attorney may, with the approval of the Attorney General, decide not to file a case against such person.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
Subsection (2)
(1) If it Prior to making decision pursuant to sub-section (1), the government attorney shall cause a bond to be executed by such accused undertaking not to repeat such offence in the future.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
Subsection (3)
(1) If it For the purposes of this Section, the words "minor offence of specific type" means any of the following offences: (a) Offence related to pickpocketing involving the claimed amount of less than one thousand rupees, committed for the first time, (b) Offence of begging committed for the first time, (c) Any other offence punishable by a sentence of a fine not exceeding three thousand rupees or of imprisonment for a term not exceeding one month or both the sentences, committed for the first time.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
Subsection (4)
(1) If it Prior to making decision not to institute a case pursuant to this Section, the government attorney shall forfeit the claimed amount of the offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
Subsection (5)
(1) If it The claimed amount forfeited pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
Subsection (1)
(1) If it shall be provided to the person, if any, victimized from the offence and, failing such victim, to the victim relief fund established under law.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
Subsection (6)
(1) If it If a case is not filed pursuant to sub-section (1) and such person commits any offence under this Act within three years from such date, such person shall be liable to the sentence to which the sentence that can be imposed on him or her for the previous offence shall also be added.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
Subsection (7)
(1) If it Notwithstanding anything contained elsewhere in this Section, if the government attorney makes decision not to institute a case, the victim party who is not satisfied with such decision may file a case on his or her own behalf.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
Subsection (8)
(1) If it If decision is made not to institute a case pursuant to sub-section (7), a notice thereof shall be given to the victim immediately; and, for that purpose, the statute of limitation under law shall be deemed to commence from the date of receipt of the notice of such decision.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 34: Cases on minor offences of specific type may not be filed:
Subsection (9)
(1) If it The concerned government attorney shall provide copies of the documents related to the investigation conducted pursuant to this Chapter to the person who files a case pursuant to sub-section (7).
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 35: Additional claim can be made: If, based on the other relevant
additional evidence found after a case has already been filed in the court, it appears necessary to make a charge also against other accused in that case, in addition to the accused against whom the case has already been filed, or to make additional charge against the person who has already been made accused upon the filing of the case, the government attorney may, setting out the reasons therefor, cause further investigation to be conducted, and file a case, making additional claim against the other additional accused also.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 36: Alterations in charge sheets:
(1) If, by the reason that additional evidence has been discovered in any case already filed in the court, it appears necessary to alter the charge made previously in that case, the concerned government attorney may, with the permission of the Attorney General, make a petition, accompanied by the reasons therefor, to the concerned court of first instance for alteration in the charge sheet.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 36: Alterations in charge sheets:
Subsection (2)
(1) If, by the reason that additional Upon receipt of such petition, the concerned court may, if the contents thereof appear to be reasonable, give order to alter the claim in the charge sheet in accordance with the petition. Provided that an order to make such alteration shall be made before the concerned court of first instance passes judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 37: Power to make order to correct minor errors:
(1) If it is required to correct minor errors in a charge sheet of a case filed in the court, the concerned government attorney may make a petition, accompanied by the reason therefor, to the concerned District Court.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 37: Power to make order to correct minor errors:
Subsection (2)
(1) If it is required If, upon examination of the petition made pursuant to sub-section (1), it appears reasonable to correct the errors, the court may make order for the correction of such errors. Explanation: For the purposes of this Section, the term "minor errors" means any typo, typing or printing related errors in the name, surname, age or address of the accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 38: Custody of exhibits, evidence and accused:
(1) In submitting a case-file, along with the investigation report, to the government attorney for prosecution, the investigating authority shall have the custody of the exhibits, evidence connected with the offence and the accused and shall, if the concerned government attorney so orders, produce the same before the concerned court at the same time.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 38: Custody of exhibits, evidence and accused:
Subsection (2)
(1) In submitting a Except as provided in sub-section (1), the concerned police office shall, consequent upon the filing of a case in the court pursuant to this Chapter, produce before the concerned government attorney office the additional proof, evidence, object, document or exhibit, if any, discovered in connection with the case, and such government attorney office shall, upon making necessary examination, submit such document, exhibit or evidence to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 39: To retain safely:
(1) If the government attorney makes decision not to institute a case pursuant to sub-section (3) of Section 31, he or she shall, as promptly as possible, return the exhibit, evidence and thing including the case-file to the concerned police office.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 39: To retain safely:
Subsection (2)
(1) If the government attorney makes decision not The concerned police office shall safely retain the casefile, exhibit, evidence and thing received pursuant to sub-section (1) until the statute of limitation for instituting the case on such offence expires.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 39: To retain safely:
Subsection (3)
(1) If the government attorney makes decision not If the exhibit, evidence or thing referred to in subsection (1) is a property of any one, the police office shall return such property to its owner, upon having a deed executed by him or her with a bond to submit such property to the investigating authority or court as and when so required.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 40: Copy or information to be given:
(1) The government attorney shall give the concerned investigating authority and the accused a copy of the decision, if any, made by him or her not to institute the case pursuant to sub-section (3) of Section 31 and a copy of the charge sheet, if he or she has made decision to institute the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 40: Copy or information to be given:
Subsection (2)
(1) The government attorney If, in any case under Schedule-1 or Schedule-2, the concerned government attorney makes decision to the effect that the evidence is not sufficient enough to institute the case, he or she shall give information of such decision to the concerned investigating authority and the authority or office higher in level than such investigating authority.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 41: Notice to be given to informants or victims: If decision is made
not to institute a case in connection with any offence pursuant to subsection (3) of Section 31, the investigating authority shall, as soon as possible, give information thereof, accompanied by the reason therefor, to the informant or victim.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 42: Concerned person to be made party:
(1) If, while proceeding with a case, in which the Government of Nepal is plaintiff, filed under this Act, it seems that the case does not fall under Schedule-1 or Schedule-2 but any other case may be instituted in accordance with law, the court shall make order to that effect and give information thereof to the concerned person.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 42: Concerned person to be made party:
Subsection (2)
(1) If, while proceeding with If the concerned person agrees to take over/continue the case within two months from the date of receiving such information, that person shall be treated as the plaintiff and the case proceeded and adjudicated, based on the case-file of the same case in accordance with law.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 43: Filing of cases:
(1) The following authority or person may file the following case required to be filed under this Act in the concerned court: (a) The concerned government attorney, in relation to a case related to any offence under Schedule-1 or Schedule-2, in the form of a charge sheet, (b) The Government of Nepal, constitutional body, court or any public authority, in relation to a case related to any offence under Schedule-3, in the form of a compliant or report, (c) The concerned person or one who has locus standi to file case, in relation to a case related to any offence under Schedule-4, in the form of a plaint.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 43: Filing of cases:
Subsection (2)
(1) The following authority or person may file the If a case is filed pursuant to sub-section (1), such case shall be deemed to have been filed under this Act.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 44: Exemption from sentence for making allegation or complaint:
(1) No person shall be liable to sentence for making any allegation or complaint in connection with any case under Schedule-1, Schedule-2 or Schedule-3.
The National Criminal Procedure (Code) Act, 2017
Chapter-3: Prosecution and Filing of Cases
Section 44: Exemption from sentence for making allegation or complaint:
Subsection (2)
(1) Notwithstanding anything contained in sub-section (1), if, after the case has been instituted in the court consequent upon investigation into the case based on the allegation or complaint made by any person, standing as a witness and showing any matter, evidence or proof to the belief of the Government of Nepal, police employee or other authority, such matter, evidence or proof turns out to be false or fabricated on the basis of a report, complaint or deposition made by any person or the deposition of any witness or informant or any other ground, the court may examine the evidence from the same case-file and do the following: (a) To sentence the witness who has made a false statement or fabricated deposition to imprisonment for a term not exceeding three months or a fine not exceeding five thousand rupees or both the sentences, Provided that such sentence of fine or imprisonment shall not exceed half the sentence that may be imposed on the offender. (b) In the event of the court being of the opinion that the informant has made such false allegation or produced false or fabricated evidence being guided by premeditation or jealousy without the existence of any reasonable ground for making the allegation, to cause a reasonable compensation, in view of the nature and circumstance of the case, to be paid by such witness to the defendant to be acquitted, in relation to the same case. Provided that if such person furnishes a reasonable reason for the report or witness made by him or her to be prejudicial, no compensation shall be awarded.