yamraj047/nepali-legal-rag-data huggingface dataset:
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 122: Deposition of the accused to be made:
Subsection (8)
(1) After reading out the Notwithstanding anything contained elsewhere in this Section, in relation to a case related to any offence under Schedule-4, a statement of defense shall be submitted in the form referred to in 132 Schedule-42, within the time-limit set forth in the process issued by the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 123: Judgment to be made immediately if the accused pleads guilty of
offence: (1) If any accused, pleading guilty of the offence which he or she is charged with, makes a statement of confession before the court, the court may, also having regard to the truth and reliability of such statement, make judgment immediately. Provided that: (a) In spite of such statement of confession by the accused, if the court, in view of the evidence contained in the case-file, circumstances under which the offence was committed or any other matter, has any reason to believe that his or her confession is not true, the court shall not make judgment in the case pursuant to this Section but shall order the examination of further evidence in the case, by executing a memorandum of order, accompanied by the reasons therefor, (b) If the accused who has confessed the offence which he or she is charged with makes a plea for a reduction in the sentence, the court shall, stating all matters pertaining thereto, take his or her deposition and examine evidence thereon.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 123: Judgment to be made immediately if the accused pleads guilty of
Subsection (2)
If, in deposing before the court, any accused makes a plea that is different from the plea he or she has made before the investigating authority and the plaintiff makes submission for 133 permission to re-conduct investigation into the evidence or plea produced or made by him or her and submit further proof or evidence to the court, the court may give permission to produce such additional proof or evidence.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 123: Judgment to be made immediately if the accused pleads guilty of
Subsection (3)
If an order is made pursuant to sub-section (2), the court shall not adjudge the case until such additional proof or evidence is produced. Provided that such additional proof or evidence shall be produced prior to the order for taking and trying of evidence.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 123: Judgment to be made immediately if the accused pleads guilty of
Subsection (4)
If any accused does not confess fully the offence which he or she is charged with but confesses it partially, the court shall order the examination of further evidence to the extent only of the matter which he or she has not confessed.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 124: Discussion may be held between plaintiff and defendant:
(1) If the accused has not pleaded guilty of the offence pursuant to Section 123, the court may order to hold discussion between the plaintiff and the defendant in order to ascertain the matter to be adjudged in the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 124: Discussion may be held between plaintiff and defendant:
Subsection (2)
(1) If If an order is made to hold discussion pursuant to subsection (1), the plaintiff, defendant and the accused, in respect of a case in which the Government of Nepal is plaintiff, shall also appear in the court, and if such accused so wishes, his or her law practitioner may also appear.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 124: Discussion may be held between plaintiff and defendant:
Subsection (3)
(1) If In the discussion referred to in sub-section (1), the plaintiff and the defendant may present claim and defense and evidence relevant thereto, respectively. 134
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 124: Discussion may be held between plaintiff and defendant:
Subsection (4)
(1) If The court may ascertain the matter to be adjudged in the case from the claim, defense and evidence submitted by the plaintiff and the defendant pursuant to sub-section (3).
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 125: Appointment of date for appearance for examination of
evidence: (1) The court shall, in any of the following circumstances, execute a memorandum of order, setting out, inter alia, the matters to be adjudged as ascertained pursuant to Section 124, and appoint the date for appearance for the examination of evidence: (a) If the accused refuses to make deposition pursuant to Section 122, (b) If the defendant does not submit a statement of defense, (c) If the accused makes deposition or statement of defense, denying wholly or partly the charge made against him or her, (d) If the court executes a memorandum of order for the examination of evidence pursuant to clause (a) or (b) of the proviso to sub-section (1) of Section 123, (e) Such other circumstance as may be held appropriate by the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 125: Appointment of date for appearance for examination of
Subsection (2)
While appointing the date for appearance for the examination of evidence pursuant to sub-section (1), the court shall estimate the time required for the witnesses to appear and the documentary evidence and thing to be produced, and so appoint such date that evidence is collected as soon as possible. 135
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 125: Appointment of date for appearance for examination of
Subsection (3)
If the plaintiff of a case makes a request for time for the submission of further evidence or proof pursuant to sub-section (2) of Section 123, the court shall, in appointing the date for appearance pursuant to sub-section (1), generally appoint the date for appearance for the examination of evidence so that evidence is examined not later than two months after the filing of case.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 125: Appointment of date for appearance for examination of
Subsection (4)
In making order for appointing the date for appearance for the examination of evidence pursuant to sub-section (2) or (3), such order shall be so issued that the examination of all evidences required to be examined in the case is made at the same time as far as possible.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 125: Appointment of date for appearance for examination of
Subsection (5)
Subsequent to the order appointing the date for appearance pursuant to sub-section (1) or (2), the concerned party to the case shall submit or produce such evidence or witness before the court on the appointed date for appearance as required to be submitted or produced by that party.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 126: Party or witness held in detention or imprisonment to be
produced: (1) If any party or witness of a case, who is held in detention or imprisonment, is required to be produced to make his or her statement or deposition or in relation to another case relevant to him or her, the court shall, setting out the reason, order the concerned office to produce such party or witness before the court on the date appointed for appearance for that purpose.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 126: Party or witness held in detention or imprisonment to be
Subsection (2)
Upon receipt of an order pursuant to sub-section (1), the concerned office shall produce before the court such party or witness accompanied by the security personnel. 136
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 126: Party or witness held in detention or imprisonment to be
Subsection (3)
Notwithstanding anything contained in sub-section (2), if there is a reasonable reason for not being able to produce such party or witness before the court because of security or physical disability, such office may, with the consent of the court, arrange for the examination of him or her through video conference.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 126: Party or witness held in detention or imprisonment to be
Subsection (4)
If any party or witness of a case is examined through video conference pursuant to sub-section (3), the matters stated by him or her shall be recorded.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 127: Order of examining evidence:
(1) Except as otherwise ordered by the court, the evidence of the plaintiff shall first be examined and then the evidence of the defendant shall be examined on the date appointed for appearance for the examination of evidence, subject to the law of evidence.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 127: Order of examining evidence:
Subsection (2)
(1) Except as otherwise ordered by If one party makes any objection immediately that any evidence produced by the other party or matter deposed by any witness is not admissible in evidence or should not be taken as evidence or is irrelevant to the case, the judge shall immediately decide whether the objection is reasonable or not.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 127: Order of examining evidence:
Subsection (3)
(1) Except as otherwise ordered by The court shall not allow any party to produce any evidence which is irrelevant to the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
(1) If there is any reasonable reason to believe that any accused person, being of unsound mind, is incapable of making his or her defense, the court may also order causing such person to be examined and treated by a licensed doctor. 137
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
Subsection (2)
(1) If If, upon the examination made pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
Subsection (1)
(1) If , it appears that the accused is incapable of making his or her defense because of unsound mind, the court shall adjourn the case in the case of such person, by executing a memorandum of order to that effect.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
Subsection (3)
(1) If Notwithstanding anything contained elsewhere in this Act, if such accused is held in detention and the court so considers reasonable, it may, at the time when proceeding is conducted pursuant to sub-section (1) or subsequent to the execution of the memorandum of order pursuant to sub-section (2), release such accused from detention.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
Subsection (4)
(1) If In releasing the accused pursuant to sub-section (3), the court shall cause his or her guardian to make a bond that he or she shall take care of the accused in a manner to prevent the accused from doing any kind of injury or harm to any other person and produce the accused before the court when so ordered by the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
Subsection (5)
(1) If In releasing the accused pursuant to sub-section (4), the court may take bail/bond or guarantee from the guardian in accordance with Chapter-7.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
Subsection (6)
(1) If Except where the accused, who is held in detention and is of unsound mind, is released from detention pursuant to subsection (3), the court shall order the concerned prison to take special care of such accused placed in detention for trial.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
Subsection (7)
(1) If If the case of the accused of unsound mind is adjourned pursuant to sub-section (2), the court shall, whenever the accused becomes of sound mind, revive the adjournment, cause the 138 appearance of the accused before the court and proceed with the trial of the case. Provided that prior to so reviving the adjournment, the court shall cause the accused to be examined again by a licensed medical doctor, and that he or she has become of sound mind shall be certified by such doctor.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
Subsection (8)
(1) If The court may, if it so wishes, order the medical doctor who has made certification of soundness pursuant to sub-section (1) or (7) to appear before the court as a witness.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 128: Provisions relating to trial of person of unsound mind:
Subsection (9)
(1) If Notwithstanding anything contained elsewhere in this Section, if there are other defendants also, along with the person of unsound mind, nothing shall be deemed to bar the hearing of the case in the case of such other defendants.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 129: Trial of cases to be conducted in open bench: The court shall
conduct the trial of cases in open bench. Provided that the trail of a case related to the offence of espionage, human trafficking and transportation, sexual offence, a case involving a child as the accused or victim, violence against women, rape, incest or a case running between husband and wife or any other case that the court has, considering it reasonable to do so, ordered for trial in camera, may be conducted in camera, and the court may prohibit the access to such bench of any person, other than the concerned parties to that case, concerned law practitioners, employees of the court and such other persons as the court considers necessary. 139
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 130: Law practitioner may be appointed by the accused for his or her
defense:  (1) Any person accused of any offence may appoint a law practitioner of his or her choice for his or her defense, rebutting the charge made against him or her, and pleading the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 130: Law practitioner may be appointed by the accused for his or her
Subsection (2)
If an accused who is charged with the offence punishable by a sentence of imprisonment for life or for a term of ten years or more fails to appoint his or her law practitioner, the court may, in the case of such accused, order that the law practitioner appointed by the court defend him or her.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 130: Law practitioner may be appointed by the accused for his or her
Subsection (3)
Notwithstanding anything contained elsewhere in this Section, even if any accused does not intend to appoint a law practitioner pursuant to sub-section (1) or refuses to have defended by the law practitioner appointed by the court pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 130: Law practitioner may be appointed by the accused for his or her
Subsection (2)
, nothing shall be deemed to prevent proceeding the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
(1) The judge shall make judgment in a case generally within one month after the termination of examination of evidence in the case.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (2)
(1) The judge shall make judgment in a case If it is not possible to make judgment within the period referred to in sub-section (1), information thereof, accompanied by the reason for the same, shall be given to the appeal hearing court.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (3)
(1) The judge shall make judgment in a case Judgment to be made pursuant to this Section shall be in the form referred to in Schedule-43 and state, inter alia, the following matters: (a) Short description of the case and other necessary matters relevant thereto, 140 (b) Main points of pleading, if any, made by the law practitioner in the case, (c) Evidence produced by the parties to the case, credibility or refutability of such evidence, the basis thereof, sufficiency or insufficiency of such evidence, (d) Matters relating to the legal question, if any, raised by any party to the case, (e) Grounds for the conviction or acquittal of offence and the reasons for the same, (f) Whether the judgment is appealable or not, and the court in which appeal shall lie, (g) Other necessary matters.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (4)
(1) The judge shall make judgment in a case In making judgment pursuant to this Section, the judge may read out the full text of the judgment, if prepared, and the decision only if the full text is not so prepared.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (5)
(1) The judge shall make judgment in a case If only the decision is read out pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (4)
(1) The judge shall make judgment in a case , the judge shall cause it to be taken down in short hand in the decision book, sign it and take signature or thumb impression of the parties to the case who are in attendance on it. Provided that it shall not be necessary to cause it to be signed by the government attorney in a state case in which the Government of Nepal is plaintiff. 141
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (6)
(1) The judge shall make judgment in a case If a decision is read out pursuant to sub-section (5), the judge shall write down the judgment and keep it in the case-file within one month. Explanation: For the purposes of this sub-section, the term "decision read out" means the decision read out upon sentencing.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (7)
(1) The judge shall make judgment in a case If the judgment is not set down within the time-limit referred to in sub-section (6), the concerned party may make a complaint to the Chief Judge of the concerned High Court, in the case of a judgment of that High Court or a court subordinate to it, and to the Chief Justice in the case of a judgment of the Supreme Court, not later than three days after the expiration of such timelimit.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (8)
(1) The judge shall make judgment in a case If a complaint is made pursuant to sub-section (7), the concerned Chief Judge or the Chief Justice shall give direction to the concerned judge to prepare the judgment within a week.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (9)
(1) The judge shall make judgment in a case The court shall, as far as possible, also put the decision referred to in sub-section (5) on its website immediately.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 131: Judgment to be made:
Subsection (10)
(1) The judge shall make judgment in a case The court shall affix the decisions prepared and authenticated in each week on its notice board and also put them on the website.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 132: Notice and copy of judgment to be given:
(1) The court shall give a notice of judgment in the form referred to in Schedule-44 to the accused or defendant who has not been involved in the proceedings of the case from the beginning, the accused held in detention or imprisonment or the accused of a case heard ex parte. 142
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 132: Notice and copy of judgment to be given:
Subsection (2)
(1) The court shall give a The notice referred to in sub-section (1) shall be served as if it were a summons, and if such notice cannot be served, it shall be published in any national daily newspaper owned by the Government of Nepal.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 132: Notice and copy of judgment to be given:
Subsection (3)
(1) The court shall give a The concerned party shall bear the expenses to be incurred in the publication of a notice referred to in sub-section (2) in relation to any case under Schedule-4.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 132: Notice and copy of judgment to be given:
Subsection (4)
(1) The court shall give a The information of judgment of any of the cases under Schedule-1, Schedule-2 and Schedule-3 shall also be given to the concerned government attorney office.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 133: Dismissal of cases on death:
(1) Notwithstanding anything contained elsewhere in this Act, if the accused or defendant of any case dies, the court shall dismiss such case. Provided that if there are more than one accused or defendant, the case shall not be dismissed even on the death of any one accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 133: Dismissal of cases on death:
Subsection (2)
(1) Notwithstanding anything Notwithstanding anything contained in sub-section (1), despite the death of the accused or defendant in a case involving the claimed amount, the court may decide to set the claimed amount upon examining the evidence included in the case-file and such other evidence as the court finds necessary to examine.
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 133: Dismissal of cases on death:
Subsection (3)
(1) Notwithstanding anything If, despite the death of any complainant in any case referred to in sub-section (2), the successor to such complainant appears to accept and continue the case within thirty days of his or her death, the court may decide as to whether or not compensation should be awarded by examining the evidence contained in the casefile and any other evidence required to be examined. 143
The National Criminal Procedure (Code) Act, 2017
Chapter-13: Provisions Relating to Proceedings, Hearing of, and Judgments in,
Section 133: Dismissal of cases on death:
Subsection (4)
(1) Notwithstanding anything In the event of the death of a party making appeal, or petition for review or revision or of a person who was originally convicted of the offence in such case, the case subject to such appeal, review or revision petition shall abate. Provided that: (a) In the event of the death of any one of the same party, the case shall not abate without trying the case in respect of the other persons, (b) In respect of a case involving any claimed amount, the successor may, if he or she so wishes, take over the case within thirty-five days from the date of receipt of information. 144
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 134: Appeal to lie:
(1) A party who is not satisfied with a judgment or final order made by a court may make an appeal within thirty days from the date of knowledge of the judgment. Provided that if an appealing party makes a petition showing the cause of being unable to make appeal within that time-limit and the appeal hearing court considers the petition to be reasonable, it may order the extension of the time-limit for a maximum of thirty days.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 134: Appeal to lie:
Subsection (2)
(1) A party who is not satisfied with a judgment or A person wishing to make an appeal pursuant to subsection (1) shall file it with the court which hears appeals from the court making judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 134: Appeal to lie:
Subsection (3)
(1) A party who is not satisfied with a judgment or Notwithstanding anything contained elsewhere in this Act, if any party to a case or his or her attorney is present, or his or her law practitioner has made pleadings, before the court at the time of hearing and judgment is made on the same day, the party to the case shall be deemed to have known that such judgment has been made.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 134: Appeal to lie:
Subsection (4)
(1) A party who is not satisfied with a judgment or Notwithstanding anything contained elsewhere in this Section, the party shall be deemed to have ipso facto known the judgment after the expiry of a period of one year from the date of judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 135: Filing of appeal through judgment making court or prison where
one is imprisoned: (1) Notwithstanding anything contained in subsection (2) of Section 134, any person wishing to make appeal 145 pursuant to sub-section (1) of that Section may make appeal through the judgment making court or also through the prison where the person convicted of the offence pursuant to such judgment is imprisoned.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 135: Filing of appeal through judgment making court or prison where
Subsection (2)
If an appeal is filed pursuant to sub-section (1), such court or prison shall, as soon as possible, forward the appeal to the appeal hearing court, setting out the details of the service or payment, if any, by the appellant of the sentence imposed on him or her or the bail/bond or guarantee, if any, furnished by him or her in consideration for such sentence, and give information thereof to the appellant.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 135: Filing of appeal through judgment making court or prison where
Subsection (3)
The judgment making court shall forward the case-file along with the appeal pursuant to sub-section (2).
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 136: Procedures to be fulfilled in making appeal:
(1) A memorandum of appeal shall be made in the form referred to in Schedule-45.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 136: Procedures to be fulfilled in making appeal:
Subsection (2)
(1) A memorandum Every memorandum of appeal to be made pursuant to sub-section (1) shall clearly state, inter alia, the full name and address of the appellant and that of the respondent, short description of the case, the matters contained in the decision of the lower court with which the appellant is dissatisfied and grounds for such dissatisfaction, the matters to be decided by the appeal hearing court and the relevant laws, and shall bear signature or thumb impression of the appellant.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 136: Procedures to be fulfilled in making appeal:
Subsection (3)
(1) A memorandum Every memorandum of appeal to be made pursuant to sub-section (1) shall be accompanied by the following documents: 146 (a) A copy of the judgment intended to be appealed against, (b) If any sentence is imposed on the appellant by the judgment, evidence showing that he or she has served or paid such sentence or has been imprisoned or furnished a bail/bond or guarantee for the same.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
(1) Any of the following persons shall remain in imprisonment while making appeal: (a) A person who is sentenced to imprisonment for life, (b) A person who is sentenced to imprisonment for a term exceeding ten years, (c) A person who, upon being convicted of any offence under Schedule-1 or Schedule-2, is sentenced to imprisonment for a term exceeding three years, (d) A person who, having been remanded in detention for trial, is convicted of the offence and sentenced to imprisonment, (e) A person who is sentenced to imprisonment and has not permanent residence in Nepal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (2)
(1) Any of the Notwithstanding anything contained in sub-section (1), if a person who is above seventy-five years of age or a person who is recommended by the medical board formed by the Government of 147 Nepal that he or she, owing to suffering from an incurable or highly severe disease, cannot stay in detention or an offender who has not been held in detention by an order of the court that he or she is not required to be remanded in detention but is sentenced to imprisonment for a term not exceeding ten years makes a petition, setting out the reason, for a leave of appeal without being held in detention, and if such reason appears to be reasonable, the appeal hearing court may, upon taking a bail/bond or guarantee from him or her, grant the leave of appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (3)
(1) Any of the If a leave of appeal is granted pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (2)
(1) Any of the , such court shall execute a memorandum of order recording the reasons for such leave to make appeal without being held in detention and the memorandum of order shall be included in the case-file.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (4)
(1) Any of the Any person other than that mentioned in sub-sections
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (1)
(1) Any of the and (2) may make appeal by furnishing with the court passing judgment or the appeal hearing court a bail/bond or guarantee for the sentence imposed on the person by that judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (5)
(1) Any of the If a person who does not furnish a bail/bond or guarantee pursuant to sub-section (4) is sentenced to imprisonment, that person may appeal only being held in imprisonment for such sentence.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (6)
(1) Any of the If decision cannot be made on the appeal made by a person who is imprisoned for being unable to furnish a bail/bond or guarantee pursuant to sub-section (2) or (4) within six months from the date of filing of such appeal, the concerned appeal hearing court 148 shall try the case by releasing that person from imprisonment after the said period and holding him or her on recognizance.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (7)
(1) Any of the In the event of failure to make judgment within the period referred to in sub-section (6), such court shall give information thereof, accompanied by the reason therefor, to the court hearing appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (8)
(1) Any of the Notwithstanding anything contained elsewhere in this Section: (a) In the case of a person who having been held in detention or imprisonment in the course of proceedings of the case has already served the sentence as commuted by the judgment, such person shall not be required to remain in prison or furnish a bail/bond or guarantee to make appeal, (b) No person shall be imprisoned for a period in excess of the sentence imposed by the judgment only by the reason that appeal has been made.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (9)
(1) Any of the In the case of a person furnishing a bail/bond or guarantee pursuant to Chapter-7, such bail/bond or guarantee may, to the extent of the sufficiency of such bail/bond or guarantee, be maintained as a bail/bond or guarantee, for the purposes of this Section.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (10)
(1) Any of the In taking a bail/bond or guarantee pursuant to this Section, the court may, having regard to the need and propriety, require and take the bail/bond or guarantee also for such claimed amount of a governmental or public body as is held recoverable by the judgment. 149
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 137: To remain in imprisonment while making appeal:
Subsection (11)
(1) Any of the If the bail/bond or guarantee of any property belonging to any person other than the appellant has been furnished, such property shall not be maintained as a bail/bond or guarantee for the purposes of this Section without the consent of that person.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 138: Calling for case file:
(1) Except in cases where the case-file is received pursuant to sub-section (3) of Section 135, the appeal hearing court shall, upon the filing of an appeal, and as soon as possible, order the concerned court to send the case-file of such case.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 138: Calling for case file:
Subsection (2)
(1) Except in cases where the case-file is The concerned court shall send the case-file to the appeal hearing court within three days from the date of receipt of the order pursuant to sub-section (1).
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 139: Appointment of date for appearance for hearing appeal: Upon
receipt of the case-file pursuant to sub-section (3) of Section 135 or Section 138, the appeal hearing court shall appoint the date for appearance for the hearing of the appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 140: Hearing of appeal:
(1) The appeal hearing court shall complete the hearing of appeal within six months after the date of receipt of the case-file from the lower court.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 140: Hearing of appeal:
Subsection (2)
(1) The appeal hearing court shall complete the If, while hearing the appeal pursuant to sub-section (1), the appeal hearing court considers that the decision made by the lower court is reasonable and does not suffer any substantial difference, it may dismiss the appeal, by recording its reasons for doing so.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 140: Hearing of appeal:
Subsection (3)
(1) The appeal hearing court shall complete the If, except for the dismissal of the appeal plea pursuant to sub-section (2), it appears that the pleas of the appeal should be heard, the appeal hearing court shall, setting out the reasons for the 150 same, appoint the date for appearance for the hearing of the appeal and give a notice to the respondent to rebut the pleas of appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 140: Hearing of appeal:
Subsection (4)
(1) The appeal hearing court shall complete the In giving a notice referred to in sub-section (3), a notice of fifteen days shall be given, also accompanied by a copy of the memorandum of appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 140: Hearing of appeal:
Subsection (5)
(1) The appeal hearing court shall complete the A person who has obtained a notice pursuant to sub-section
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 140: Hearing of appeal:
Subsection (3)
(1) The appeal hearing court shall complete the may submit defense in writing to defend himself or herself and rebut the pleas of appeal, within the period specified by the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 140: Hearing of appeal:
Subsection (6)
(1) The appeal hearing court shall complete the The defense in writing to be submitted to the court pursuant to sub-section (5) shall be in the form set forth in Schedule-46.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 140: Hearing of appeal:
Subsection (7)
(1) The appeal hearing court shall complete the Upon hearing the appeal pursuant to sub-section (3), the court shall decide the appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 141: Appeal liable to be heard ex parte in absence of respondent:
(1) If the respondent does not appear within the time-limit of the notice given pursuant to sub-section (3) of Section 140, the appeal hearing court may appoint such another date for appearance for deciding the appeal as falling after at least fifteen days, and hear the appeal ex parte on such date and decide it.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 141: Appeal liable to be heard ex parte in absence of respondent:
Subsection (2)
(1) Notwithstanding anything contained in sub-section (1), if the respondent makes a petition, prior to the date appointed for appearance pursuant to sub-section (1), showing a reasonable reason for being unable to appear within the time-limit of the notice given pursuant to sub-section (3) of Section 140, and such reason seems to be reasonable, the court shall order the extension of the time-limit, showing such reason, and also order the respondent to appear on the 151 date appointed pursuant to sub-section (1), and hear and decide the appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 142: Not required to be on recognizance:
(1) If an appellant or respondent does not wish to remain on recognizance in the course of the appeal proceedings, he or she may make a petition to that effect to the court.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 142: Not required to be on recognizance:
Subsection (2)
(1) If an appellant or If a petition is made pursuant to sub-section (1), the court may discontinue his or her appearance on the appointed dates, by getting a deed to be executed by the appellant or respondent to the effect that he or she will appear as and when the court so requires. Provided that the appellant or respondent who is not on recognizance may, if he or she so wishes, appear on the date appointed for appearance for the hearing of the appeal.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 142: Not required to be on recognizance:
Subsection (3)
(1) If an appellant or Notwithstanding anything contained elsewhere in this Section, if, during the hearing of appeal, the court is of the opinion that the appellant should be inquired into any matter or required to produce any evidence in relation to the appeal, the court may order the appellant to keep on appearing on the appointed dates for appearance.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 143: Service of notice or order on appellant or respondent as if it were
a summons: The notice or order to be issued by the court to the appellant or respondent pursuant to Section 140, 141 or 142 shall be served in accordance with Chapter-6 as if it were a summons.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 144: Powers of appeal hearing court:
(1) In hearing the appeal pursuant to this Chapter, the appeal hearing court shall have the following powers: 152 (a) To approve, void or reverse or partially reverse the judgment of the lower court, (b) To reduce or enhance the extent of the sentence commuted by the lower court to the offender, or to alter the sentence, (c) Where the judgment has been made without examining such evidence as required to have been examined, to make such examination by itself or to order the lower court to make such examination, (d) If any particular matter required to have been adjudged in the case has not been adjudged, to adjudge itself or order the lower court to adjudge such matter.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 144: Powers of appeal hearing court:
Subsection (2)
(1) In hearing the appeal pursuant If an appeal from the judgment passed by the lower court is made by any particular offender or complainant only, and the decision on the appeal will render the judgment of the lower court to be affected in the case of the offender or defendant not making appeal, the appeal hearing court, in exercise of the powers set forth in sub-section (1), may, setting out and recording the reasons therefor, pass judgment in accordance with law also in the case of such accused.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 144: Powers of appeal hearing court:
Subsection (3)
(1) In hearing the appeal pursuant Notwithstanding anything contained elsewhere in this Section, the appeal hearing court may, as required, exercise such powers as may be exercised by the lower court.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 145: Reference for sanction:
(1) If any court passes judgment commuting a sentence of imprisonment for a term of twenty years or 153 more or imprisonment for life to any person, it shall refer such judgment for sanction, accompanied by the case-file, to the appeal hearing court within thirty-five days from the date of passage of such judgment.
The National Criminal Procedure (Code) Act, 2017
Chapter-14: Provisions Relating to Appeal and Reference for Sanction
Section 145: Reference for sanction:
Subsection (2)
(1) If any court passes judgment If a reference for sanction is made pursuant to subsection (1) and even the appeal hearing court passes judgment confirming the sentence of imprisonment for a term of twenty years or more or imprisonment for life to the accused, such judgment shall then be referred to the Supreme Court for sanction.