yamraj047/nepali-legal-rag-data huggingface dataset:
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 64: Warrant for arrest or summons may be issued to or served on
Subsection (3)
If a warrant for arrest or summons issued pursuant to sub-section (1) cannot be served, such warrant or summons may be served by publishing it in such national daily newspaper as owned by the Government of Nepal or broadcasting it through electronic communication media.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 64: Warrant for arrest or summons may be issued to or served on
Subsection (4)
If a warrant for arrest is issued or summons served pursuant to sub-section (1), such warrant or summons shall be deemed to have been duly issued or served in accordance with this Act.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 64: Warrant for arrest or summons may be issued to or served on
Subsection (5)
If a warrant for arrest is issued pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 64: Warrant for arrest or summons may be issued to or served on
Subsection (1)
and the police of the concerned country arrests and hands over the accused to any police office, the accused shall be produced before the concerned court as soon as possible but not later than twenty-four hours, excluding the time required for journey.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 64: Warrant for arrest or summons may be issued to or served on
Subsection (6)
Notwithstanding anything contained elsewhere in this Section, nothing shall prevent the institution of proceeding and adjudication of a case by the reason only that the warrant for arrest or summons could not be issued to or served on any person staying or residing in a foreign country, in accordance with this Section.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 65: Special provisions relating to absconding persons:
(1) In the case of a person against whom a warrant for arrest has been issued pursuant to this Chapter but who is not arrested because of not being found or in the case of a person who is absconding and failing to appear before the court, the following matters shall be dealt with as follows, with effect from the following day of the expiry of thirty days after the date of issuance of such warrant to the day on which he or she appears before the court: (a) If such person is an incumbent office-bearer or employee of the Government of Nepal, State Government, Local Level, constitutional body or any government office, a body corporate, educational or academic institution under full or partial ownership or control of the Government of Nepal, State Government, Local Level, or any other public body, he or she shall be deemed to have ipso facto been suspended from his or her office, (b) If an attachment to the property belonging to such person has not been effected pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 65: Special provisions relating to absconding persons:
Subsection (15)
(1) In the case of Section 58, the attachment of the immovable property belonging to him or her shall be effected pursuant to that sub-section, (c) If it is required to renew any industry, trade or business or income tax registration firm, license, industry etc. held in the name of, or under sole ownership of, such person, the act of renewal shall automatically be withheld, (d) Transaction on securities held in the name of such person shall ipso facto be withheld, (e) Facilities such as salary, allowance, gratuity and pension receivable by such person in accordance with law shall be deemed to have ipso facto been withheld, (f) Any interest, royalty or facility to be acquired by such person from any intellectual property right such as a patent, design, trademark and copyright shall be considered to have ipso facto been withheld, (g) If any bank account held in the name of such person is known, and a request is made to withhold the transaction of such account, such bank account shall be considered to have ipso facto been withheld, (h) If it is so requested not to provide a citizenship certificate, passport or land ownership registration certificate to such person in accordance with law, the concerned body shall not provide the citizenship certificate, passport or land ownership certificate to him or her, (i) If it is known that such person is staying or residing outside Nepal, the extradition proceeding may be initiated if such person can be extradited under a treaty to which the Government of Nepal is a party or under the law in force, and failing such circumstance, in view of the gravity of the offence, a request may be made through the diplomatic channel to the concerned country or relevant international organization to arrest such person.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 65: Special provisions relating to absconding persons:
Subsection (2)
(1) In the case The court shall give a notice thereof to the concerned authority or body in order to make effective the provisions referred to in sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 66: Process may be served at court:
(1) Notwithstanding anything contained elsewhere in this Chapter, any process or notice issued by any court to the following person may, in the following circumstance, be served by delivering it to such person at the court itself: (a) In the case of an employee or office-bearer of the concerned court, at the time when he or she makes attendance in the court, (b) In the case of a party who is remanded on recognizance in another case in the concerned court, at the time when the party appears on the appointed date for appearance, (c) In the case of an attorney who represents any party in any case in the concerned court, at the time when the attorney appears for such representation, (d) In the case of a law practitioner who appears in the concerned court in the course of law practice, at the time when he or she appears in the course of such practice, or (e) In the case of a person who appears as a witness, at the time when he or she appears in that capacity.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 66: Process may be served at court:
Subsection (2)
(1) Notwithstanding anything If a process or notice issued by the court in the name of any person referred to in sub-section (1) is tendered for delivery when the person appears in the concerned court, the person shall receive it.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 66: Process may be served at court:
Subsection (3)
(1) Notwithstanding anything If any person refuses to acknowledge such process or notice tendered for delivery pursuant to sub-section (2), the process server shall give a report thereof to the concerned court immediately.
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 66: Process may be served at court:
Subsection (4)
(1) Notwithstanding anything If the content of the report made pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-6: Warrant for Arrest and Summons
Section 66: Process may be served at court:
Subsection (3)
(1) Notwithstanding anything seems to be reasonable, the court shall make an order to prevent such person from representing a party, receiving the appointed date for appearance in capacity of an attorney, doing law practice or making deposition in the capacity of witness in the court until he or she acknowledges such process or notice.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 67: To hold the accused in detention:
(1) If, based on the evidence available for the time being, any person accused of the following offence appears to be guilty of the offence or there is any reasonable ground, based on such evidence, to believe that such person is guilty of the offence, the court may remand such person in detention for trial, recording the reason for such detention: (a) Any offence punishable by the sentence of imprisonment for life, (b) Any offence under Schedule-1 or Schedule-2 which is punishable by a sentence of imprisonment for a term exceeding three years, or (c) An offence of attempt to, abetment of, or criminal conspiracy to, or being accomplice to, the offence set forth in clause (a) or (b).
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 67: To hold the accused in detention:
Subsection (2)
(1) If, based on the evidence Notwithstanding anything contained in sub-section (1), the court may, in any of the following circumstances, remand such accused in detention for trial as may be punishable by a sentence of imprisonment in accordance with law: (a) If the accused pleads guilt of the charge made against him or her before the court, (b) If the accused charged with an offence punishable by a sentence of imprisonment for a term of one year or more has no permanent abode in Nepal and there is a possibility that the accused might abscond and might not be apprehended subsequently if he or she is not remanded in detention, (c) If the accused, being default in making appearance within the time-limit in pursuance of the warrant for arrest issued pursuant to subsection (1) of Section 58, has been arrested and produced accordingly, and fails to show any satisfactory reason for being unable to appear in the court, (d) If the accused was convicted of an offence and sentenced to imprisonment within the period of three years immediately before this instant charge against him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 67: To hold the accused in detention:
Subsection (3)
(1) If, based on the evidence Notwithstanding anything contained in sub-section (1) or (2), the court may, in relation to an offence other than that punishable by a sentence of imprisonment for a term exceeding ten years, remand on bail/bond or guarantee any accused who is a child or infirm due to physical or mental disease or woman with pregnancy of more than seven months or the aged above seventy-five years of age.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 68: Bail /bond, guarantee or bank guarantee to be taken from the
accused: (1) Except in the case referred to in Section 67, the court may ask for a bail/bond, guarantee or bank guarantee from the accused if there exists a reasonable ground for proving the charge against the accused. Provided that the bank guarantee shall be unconditional and renewable at such times as may be specified by the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 68: Bail /bond, guarantee or bank guarantee to be taken from the
Subsection (2)
The court shall remand in detention any accused who fails to furnish bail/bond, guarantee or bank guarantee pursuant to sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 69: To remand on recognizance: The case shall be tried by remanding
the accused on recognizance to appear on appointed days when the accused appears in the court, in any case other than that referred to in Sections 67 and 68.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 70: Additional bail/bond, guarantee or bank guarantee may be
demanded: (1) If it appears subsequently that the bail/bond, guarantee or bank guarantee taken from any accused is insufficient, the court may demand additional bail/bond, guarantee or bank guarantee from the accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 70: Additional bail/bond, guarantee or bank guarantee may be
Subsection (2)
If the accused fails to furnish such additional bail/bond, guarantee or bank guarantee referred to in sub-section (1), the court may remand such accused in detention.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 71: Power to remand in detention or on guarantee at any stage of
proceedings:  (1) In the course of examining evidence, the court may, irrespective of the stage of the proceedings of a case, and in the light of the circumstances of the case, remand the accused in detention pursuant to Section 67 or demand a bail/bond, guarantee or bank guarantee from the accused pursuant to Section 68; and nothing shall be deemed to prevent the court from remanding the accused in detention or demanding a bail/bond, guarantee or bank guarantee from the accused subsequently by the reason only that the accused was not remanded in detention or that a bail/bond, guarantee or bank guarantee was not taken from him or her earlier.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 71: Power to remand in detention or on guarantee at any stage of
Subsection (2)
If the court has any reasonable ground to prove that the accused remanded in detention pursuant to Section 67 or 68 is not guilty of the offence, the court may, irrespective of the stage of proceedings of the case, hear such matter and order the release of such accused from detention.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 72: Grounds for fixation of amount of bail/bond, guarantee or bank
guarantee: (1) The amount of a bail/bond, guarantee or bank guarantee to be taken pursuant to this Chapter shall be fixed reasonably, having regard to the following matters: (a) Nature and gravity of the offence, (b) Financial status and family condition of the accused or the offender, (c) Age and physical condition of the accused or the offender, (d) Whether he or she was previously convicted of any offence and sentenced for the same or not, (e) Whether he or she has committed several offences on the same occasion or not, (f) Sentence imposed or imposable on him or her, and compensation to be borne by him or her, (g) Consequences resulted from the offence, (h) Whether he or she has pleaded guilty of the offence or not, (i) Where the accused is a helpless or infirm person or pregnant woman or woman accompanying a baby whom she breast feeds.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 72: Grounds for fixation of amount of bail/bond, guarantee or bank
Subsection (2)
If any party to a case makes a petition to the appeal hearing court showing the reason that the amount of a bail/bond, guarantee or bank guarantee demanded from any person under this Act is lesser or excessive and is not thus reasonable, such court may hear the matter and order the alteration or modification in the amount of such bail/bond, guarantee or bank guarantee.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 73: Petition may be made to appeal hearing court: A person who is
not satisfied with the order of detention, bail/bond, guarantee or bank guarantee made pursuant to this Chapter may make a petition to the court hearing appeal up to one level. Provided that in relation to a question as to the illegality of the order of detention made in a case involving an offence punishable by a sentence of imprisonment for life or imprisonment for a term of five years or more, a petition may also be made to the court hearing appeal more than one level.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 74: Deed to be executed while taking bail/bond, guarantee or bank
guarantee: (1) While taking a bail/bond from any person under this Chapter, the court shall cause a deed to be executed by such person in the form referred to in Schedule-29, containing the condition that the amount of bail/bond shall be forfeited if such person fails to appear at the time and place specified by the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 74: Deed to be executed while taking bail/bond, guarantee or bank
Subsection (2)
While taking a guarantee or bank guarantee pursuant to this Act, the court shall fix the amount of guarantee and take security of property equal to such amount.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 74: Deed to be executed while taking bail/bond, guarantee or bank
Subsection (3)
If a person required to furnish a guarantee furnishes the security of his or her property, the court shall cause a deed to be executed by such person in the form referred to in Schedule-30 containing the condition that the amount of guarantee shall be recovered from the property so furnished as security or from any other property belonging to him or her if he or she fails to appear at such time and place as specified by the court. Explanation: For the purposes of this Chapter, the term "guarantee" also includes a bank guarantee.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 74: Deed to be executed while taking bail/bond, guarantee or bank
Subsection (4)
If any other person furnishes his or her property as a guarantee for the person who is required to furnish guarantee pursuant to this Chapter, the court shall cause a separate deed to be executed by that person in the form referred to in Schedule-31 containing the condition that if that person fails to make the accused appear at such place and time as specified by the court, the amount of that guarantee shall be recovered from the property so furnished as guarantee or from any other property belonging to that person.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 74: Deed to be executed while taking bail/bond, guarantee or bank
Subsection (5)
If the value of the property furnished as guarantee pursuant to this Section decreases subsequently for any reason, the person who has furnished such guarantee shall submit a property equal to the decreased value to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 75: Forfeiture of bail/bond:
(1) If a person who has furnished a bail/bond pursuant to this Chapter fails to appear in the court, the bail/bond furnished by him or her shall be forfeited.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 75: Forfeiture of bail/bond:
Subsection (2)
(1) If a person who has furnished a If any immovable property has been furnished as a bail/bond pursuant to sub-section (1), the property equal to the amount to be paid by such person shall be sold or recovered and the rest property shall be returned to him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 76: Amount of bail/bond may be returned and guarantee released
Subsection (1)
If the court remands the accused in detention pursuant to this Chapter in a case filed in the court, the bail/bond or guarantee furnished by him or her before detention shall be released.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 76: Amount of bail/bond may be returned and guarantee released
Subsection (2)
Except as otherwise provided in this Act, the bail/bond or guarantee taken by the court from any accused in the course of the proceedings of the case shall be immediately returned or released to the accused if the accused is ultimately adjudged to be acquitted of the offence.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 77: To release from detention where case not adjudged within
specified period: (1) If the case cannot be adjudicated within one year from the first date fixed for the examination of evidence in relation to any accused remanded in detention for trial pursuant to this Chapter and if such accused is still held in detention, the case may be proceeded and adjudicated by remanding such accused on bail/bond or guarantee. Provided that: (a) This Section shall not apply to any person who is accused of an offence punishable by a sentence of imprisonment for life or imprisonment for a term of ten years or more if such person is held in detention pursuant to Section 67. (b) The court may, if it thinks reasonable, proceed the case by remanding a recidivist in detention.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 77: To release from detention where case not adjudged within
Subsection (2)
If any court issues order to release any accused pursuant to sub-section (1), it shall give information thereof to the appeal hearing court not later than three days after the issue of such release order.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 78: Maximum allowable period of detention: Notwithstanding
anything contained elsewhere in this Chapter, no accused shall be held in detention for a period exceeding the maximum term of the sentence of imprisonment than can be imposed on him or her if the charge made against him or her is proved.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 79: Memorandum of order to be executed: While remanding any
accused in detention, releasing any accused held in detention or taking a bail/bond or guarantee from any accused or modifying or altering such bail/bond or guarantee pursuant to this Chapter or releasing from detention pursuant to Section 77, the court shall execute a memorandum of order to that effect, accompanied by the reason for the same.
The National Criminal Procedure (Code) Act, 2017
Chapter-7: Provisions Relating to Detention, Bail and Guarantee
Section 80: Warrant for detention to be given: While holding any person in
detention for any reason whatsoever pursuant to this Act, the competent authority shall hold such person in detention by giving a warrant for detention in the form referred to in Schedule-32, accompanied by the reason therefor and legal ground of such detention, to that person pursuant to an order for detention made pursuant to this Chapter.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 81: Appointment of date for appearance by assigning reason:
(1) A court shall, in so doing, appoint the date for appearance upon specifying each proceeding required to be conducted in the presence of parties to a case and the proceeding to be carried out on each appointed date for appearance.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 81: Appointment of date for appearance by assigning reason:
Subsection (2)
(1) A The proceeding specified pursuant to sub-section (1) shall be carried out on the appointed date. Provided that if the specified proceeding cannot be conducted for any reason on the appointed date for appearance, the court may execute a memorandum of order, assigning the reason therefor, and appoint another date for appearance.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 81: Appointment of date for appearance by assigning reason:
Subsection (3)
(1) A In a case to which the Government of Nepal is plaintiff or defendant, the court shall give the concerned government attorney office a notice of such date for hearing or proceeding of the case as appointed pursuant to sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 82: Book of, and receipt of acknowledgment of, appointed date for
appearance: (1) The court shall maintain one book of appointed date for appearance or a separate book for each case division, as required, in the form referred to in Schedule-33.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 82: Book of, and receipt of acknowledgment of, appointed date for
Subsection (2)
The concerned employee shall mention in the book of appointed date for appearance maintained pursuant to sub-section (1) the date appointed for appearance and the purpose for which that date is so appointed and signed it, cause the parties to the case who are present to affix signature or thumb impression on it, and maintain a receipt of acknowledgement of the date for appearance in the form referred to in Schedule-34, to be recorded in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 82: Book of, and receipt of acknowledgment of, appointed date for
Subsection (3)
If any party does not appear in the court on the date appointed for appearance pursuant to sub-section (2), the concerned employee shall record that matter in the book of appointed date for appearance, and sign it.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 82: Book of, and receipt of acknowledgment of, appointed date for
Subsection (4)
Notwithstanding anything contained elsewhere in this Section, the Government of Nepal shall not be required to be on recognizance in a case in which the Government of Nepal is plaintiff.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 83: Sheet of appointed date for appearance:
(1) The court shall give a sheet of appointed date for appearance to the parties to each case in the form referred to in Schedule-35.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 83: Sheet of appointed date for appearance:
Subsection (2)
(1) The court shall give a The concerned employee shall state the date appointed for appearance and the purpose for which that date is so appointed in the sheet referred to in sub-section (1), and sign it.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 84: Appointment of date for appearance to be made in a manner to
be convenient to parties: (1) While appointing a date for appearance for any purpose in a case, the court shall appoint such date, as far as practicable, taking into consideration of whether it would be convenient to the parties to the case and the specified purpose could be accomplished or not.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 84: Appointment of date for appearance to be made in a manner to
Subsection (2)
While appointing a date for appearance pursuant to subsection (1), it shall be appointed in accordance with the schedule of business specified in relation to the proceedings of the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 85: To appear on appointed date for appearance:
(1) Where a date is appointed by the court for appearance for any proceeding, the accused or defendant shall appear in the court on that appointed date for appearance. Provided that if any party to a case makes a petition showing the reason for being unable to appear in the court on the appointed date for appearance, and the court holds such reason to be reasonable, the court may order the extension of the expired appointed date for appearance for a maximum period of fifteen days, at one time or several times not exceeding two times, excluding the time required for journey.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 85: To appear on appointed date for appearance:
Subsection (2)
(1) Where a date is Where a person required to appear in the court on the appointed date for appearance pursuant to sub-section (1) has been held in detention or imprisoned in any manner whatsoever, the person shall send information of that matter to the concerned court through the prison in which he or she is so held in detention or imprisoned.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 85: To appear on appointed date for appearance:
Subsection (3)
(1) Where a date is If information is given pursuant to sub-section (2), such person shall not be deemed to have expired the appointed date for appearance during the period of such detention or imprisonment.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 85: To appear on appointed date for appearance:
Subsection (4)
(1) Where a date is If any person who is held in detention or imprisoned gives information thereof to the court pursuant to sub-section (2), the court may order the concerned prison to produce that person at the time of trial.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 86: Consequences of absence of parties on appointed date for
appearance: (1) If the plaintiff does not appear on the date appointed for trial and proceeding in any case related to an offence under Schedule-4, the court shall appoint another date for appearance in estimation of the time-limit that can be extended by him or her pursuant to the proviso to sub-section (1) of Section 85.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 86: Consequences of absence of parties on appointed date for
Subsection (2)
If the party to a case appears on or before the other date as appointed for appearance pursuant to sub-section (1) and makes a petition subject to the proviso to sub-section (5) of Section 59, showing a reasonable reason for being unable to appear on the previous appointed date owing to a force majeure event, the court shall extend the appointed date for appearance of him or her and adjudicate the case in accordance with law.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 86: Consequences of absence of parties on appointed date for
Subsection (3)
If the party to a case does not appear in the court on the other date appointed for appearance pursuant to sub-section (1) and it appears or is held from the evidence contained in the case-file that the defendant has admitted the plaintiff's claims in whole or in part, the court shall adjudicate the case by making judgment to such extent, and dismissing it to the extent that the claims which do not appear or are not held to be admitted by the defendant. Provided that where the plaintiff is in attendance but the defendant is absent, the court shall adjudge the case accordingly, by examining all proofs and evidence adduced by the plaintiff and the defendant.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 86: Consequences of absence of parties on appointed date for
Subsection (4)
Even though the accused or defendant does not appear in the court subsequent to a deposition or statement of defense made in the court pursuant to this Act, the court may proceed and adjudicate the case in accordance with law. 100
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 87: Power to issue warrant for arrest and attach property:
(1) Notwithstanding anything contained in Section 86, if any accused has failed to appear on the previous appointed date for appearance, the court may, if it is of the opinion that the accused should be arrested and produced before it, issue a warrant for his or her arrest pursuant to Section 58 and order the arrest of, and attachment of the property of, such accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 87: Power to issue warrant for arrest and attach property:
Subsection (2)
(1) If an order is made pursuant to sub-section (1), the concerned police employee shall arrest the accused, and the concerned Land Revenue Office or other body or organization shall attach the property of the accused, in pursuance of such order.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 88: Remaining on recognizance after examination of evidence not
necessary: (1) Notwithstanding anything contained elsewhere in this Section, if any party does not wish to remain on recognizance after the examination of evidence, the party may make a petition to the court for a leave to that effect.
The National Criminal Procedure (Code) Act, 2017
Chapter-8: Provisions Relating to Appointed Date
Section 88: Remaining on recognizance after examination of evidence not
Subsection (2)
If a petition is made pursuant to sub-section (1) and the court does not consider necessary to keep him or her on recognizance, it may discontinue his or her recognizance. 101
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 89: Attorney may be appointed:
(1) If any party to a case is unable to appear in person to file a complaint, memorandum of appeal or statement of defense, submit evidence, recover the claimed amount, compensation or any other thing in pursuance of judgment or do any other necessary act pertaining to the case, that party may appoint an attorney on his or her behalf, setting out the reason for the same.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 89: Attorney may be appointed:
Subsection (2)
(1) If any party to a case is unable to Notwithstanding anything contained in sub-section (1), no attorney may be appointed in the following circumstance: (a) If the case relates to any offence under Schedule1 or Schedule-2, (b) If the accused who is required to make deposition pursuant to this Act has to appear personally in the court to make such deposition, (c) If the accused is required to be on remand pursuant to this Act or is a person who is remanded in detention as a consequence of his or her failure to furnish such bail/bond or guarantee as demanded to be furnished by him or her, (d) If the court so thinks necessary on any reasonable ground and orders the party to a case to appear personally in the court despite the circumstance that an attorney is already or may be appointed, (e) Except where a person who is a foreign national or whose nationality is not known is in detention 102 or has already furnished a bail/bond or guarantee, if such person fails to furnish a bail/bond or guarantee of an amount equivalent to the sentence which can be imposed on him or her upon judgment in the case in accordance with law, (f) If there is any penalty, fine, ten percent fee, five percent fee imposed pursuant to a court order is due and payable, upon the party being default in payment of the same, (g) If the court, showing any reasonable reason to do so, has passed an order disallowing the party to appoint an attorney.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 89: Attorney may be appointed:
Subsection (3)
(1) If any party to a case is unable to If any person appoints an attorney in contravention of sub-section (2), the court shall void such attorney.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 89: Attorney may be appointed:
Subsection (4)
(1) If any party to a case is unable to Any person having the following qualification may be appointed as an attorney: (a) Being competent to make contract under the law in force, (b) Not having been sentenced for forgery, fraud, corruption or any other criminal offence involving moral turpitude, Provided that nothing contained in this clause shall prevent any party to a case from appointing any of his or her joint family relatives as his or her attorney. 103 (c) No government claimed amount pursuant to any decision or fee, court fee, penalty or fine payable to the court in the execution of judgment being due and payable.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 89: Attorney may be appointed:
Subsection (5)
(1) If any party to a case is unable to In appointing an attorney pursuant to sub-section (1), a power of attorney shall be executed in the form referred to in Schedule-36, stating the following matters: (a) Subject matter of the case, (b) Full name, surname, address including street, and age of the person to be appointed as attorney, his or her citizenship number and district of issue of citizenship certificate, (c) Matter that the person to be appointed as attorney does not suffer any disqualification referred to in sub-section (4), (d) Matter that any penalty, fine, ten percent fee and five percent fee imposed pursuant to a court order is not due and payable, (e) The act authorized to be done by the attorney.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 89: Attorney may be appointed:
Subsection (6)
(1) If any party to a case is unable to A power of attorney shall be witnessed by at least two persons.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 89: Attorney may be appointed:
Subsection (7)
(1) If any party to a case is unable to A power of attorney shall bear signature or thumb impression of the party appointing the attorney and the witnesses. 104
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 90: Person may become attorney of more than one person
simultaneously: A person may become an attorney of more than one person simultaneously. Provided that a person who is an attorney of a party to a case shall not also become an attorney of the opposite party to the same case or a case related to that case.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 91: Party may be attorney: In any case involving more than one
plaintiff or defendant, any one of them may be appointed as an attorney. Provided that an attorney of one party to a case shall not also become attorney of the opposite party to the same case.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 92: Powers and duties of attorney:
(1) An attorney may carry out any acts set forth in the power of attorney on behalf of the party appointing him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 92: Powers and duties of attorney:
Subsection (2)
(1) An attorney may carry out any If the court makes order to cause the appearance of the person appointing attorney in person, the attorney shall cause such person to make appearance in the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 92: Powers and duties of attorney:
Subsection (3)
(1) An attorney may carry out any If the concerned person fails to appear pursuant to subsection (2), the court may void the attorney of such person.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 93: Revocation of attorney:
(1) If a party who has appointed an attorney wishes to revoke the power of attorney executed by him or her, the party may, at any time, revoke the power of attorney and carry out acts pertaining to the case in person or appoint another person as his or her attorney.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 93: Revocation of attorney:
Subsection (2)
(1) If a party who has appointed an attorney In the event of the revocation of the power of attorney and carrying out of acts pertaining to the case by a party in person, 105 the concerned party shall give information thereof through petition to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 94: Not to arrest attorney: No attorney shall be arrested for any
sentence imposed on, or liability to be borne by, the party upon passing judgment in the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 95: Special provision relating to permission to appoint attorney:
(1) Notwithstanding anything contained in clause (a) of sub-section (2) of Section 89, a person in the following circumstance may make a petition, setting out the matter, to the court for permission to appoint an attorney: (a) If a person accused of an offence punishable by a sentence of imprisonment for a term of three years or less is not held in detention and there arises a circumstance where he or she cannot appear on the appointed date for appearance because of a force majeure event, (b) If a woman accused of an offence punishable by a sentence of imprisonment for a term not exceeding five years cannot appear in the court on the appointed date for appearance because of her delivery or any other reason.
The National Criminal Procedure (Code) Act, 2017
Chapter-9: Provisions Relating to Attorney
Section 95: Special provision relating to permission to appoint attorney:
Subsection (2)
(1) If, upon a petition made pursuant to sub-section (1), the court considers its contents to be reasonable, it may, assigning the reasons to be recorded, grant permission to him or her to appoint an attorney, with or without specifying the period, subject to the other provisions contained in this Chapter. 106
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 96: Power to transfer cases:
(1) The Supreme Court may, if there exists a circumstance referred to in clause (1) of Article 134 of the Constitution of Nepal, procure a case sub-judice in any High Court from such Court, and proceed, hear and adjudicate it.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 96: Power to transfer cases:
Subsection (2)
(1) The Supreme Court may, if there exists The Supreme Court may, if there exists a circumstance referred to in clause (2) of Article 134 of the Constitution of Nepal, make an order that a case sub-judice in one High Court be transferred to, and heard and adjudicated by, another High Court.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 96: Power to transfer cases:
Subsection (3)
(1) The Supreme Court may, if there exists The High Court may, if there exists a circumstance referred to in clause (2) of Article 145 of the Constitution of Nepal, make an order that a case sub-judice in one District Court under its jurisdiction be transferred to, and heard and adjudicated by, another District Court under its jurisdiction.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 96: Power to transfer cases:
Subsection (4)
(1) The Supreme Court may, if there exists Decision as to whether the circumstance requiring the transfer of the case referred to in sub-section (2) or (3) exists or not shall be made on the basis of a petition by the concerned party to a case or information from the inspection or report of the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 96: Power to transfer cases:
Subsection (5)
(1) The Supreme Court may, if there exists If there is some reason that any case filed in any court cannot be heard by the judge of that court pursuant to this Act, the concerned court shall submit a report, setting out such matter, to the appeal hearing court, and upon receipt of such report, the appeal hearing court may, also considering the convenience of the parties, transfer such case to another court of equal jurisdiction that is subordinate to its territorial jurisdiction. 107
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 96: Power to transfer cases:
Subsection (6)
(1) The Supreme Court may, if there exists If an order is made pursuant to sub-section (2), such court shall, in accordance with the order of the Supreme Court, proceed, hear and adjudicate the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 96: Power to transfer cases:
Subsection (7)
(1) The Supreme Court may, if there exists Even if any case is adjudicated by another court pursuant to sub-section (2), (3) or (5), appeal from the judgment made by such court shall lie in the court hearing appeal from the court where the plaint has been registered originally.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
(1) If any party to a case, out of the several cases filed in the several courts, makes a petition to the concerned court, showing a reasonable reason that the adjudication of one case cannot be, or ought not to be, made until any other case is adjudicated, or that judgment of one case will have substantial effect on the judgment of any other case or if it realizes that matter, on its own initiative, in the course of proceedings, the court may, for the reasons to be recorded, order that such case be adjourned.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
Subsection (2)
(1) If any party to a case, out of the several If any court passes an order to adjourn any case filed in it pursuant to sub-section (1), the court shall adjourn all the proceedings of the case, by giving written information thereof to the parties to the case, and also give information thereof to the concerned court in which another case is filed.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
Subsection (3)
(1) If any party to a case, out of the several Upon receipt of the information referred to in subsection (2), the concerned court shall, upon adjudicating the related case filed in it, give information thereof, accompanied by a copy of the judgment, to the court adjourning the case within thirty days after the date of judgment, and upon receipt of such information, the court adjourning the case shall resume the proceedings of the case by 108 giving a written notice thereof to the parties to the case and appointing the date for appearance, and hear and adjudicate the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
Subsection (4)
(1) If any party to a case, out of the several Notwithstanding anything contained in sub-section (3), if such parties are also parties to the case referred to in sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-10: Provisions Relating to Transfer and Adjournment of Cases
Section 97: Power to adjourn cases:
Subsection (3)
(1) If any party to a case, out of the several , the court adjudging the case shall order them to appear in the court adjourning the case not later than fifteen days.