(1) According to sub-section (3) of Section 31, if there is sufficient evidence to proceed with the case from the collected evidence during the missile study to decide whether to proceed with the case or not, in case of a case under Schedule-1 or Schedule-2, the relevant public prosecutor shall provide the following details. It is necessary to prepare the charge sheet in the format as per schedule-20 and submit it to the relevant court within the deadline:-
(a) full name, surname, address, surname, age, profession or occupation of the accused,
(b) Name of the accused's father, mother or husband, wife,
(c) Rural municipality or municipality where the accused resides, ward no., village, toll, if any, block no.,
(d) details of the real identity of the accused, copy of his photograph, citizenship or passport, driver's license or other document revealing his real identity,
(e) Fingerprints of both the hands of the accused, if any (f) Details including the name, surname and address of the owner of the house if he is camping in someone else's house (g) Disposition of information relating to offences,
(h) Particulars of offence,
(i) Statement of evidence proving that the accused has committed an offence (j) The charge against the accused and the grounds and reasons thereof,
(k) the relevant law to be applied and the reasons therefor,
(l) Demand for the punishment to be meted out to the accused and the reasons therefor,
(d)) If compensation is to be paid to the person who has been harmed by the fault, the amount of such compensation,
(d) Details of any other necessary matter related to the nature of the offence.
(j1) If any accused is absconding, his property and other details and if he is a person holding any public position, (j2) Demand claim for the accused in case of moral degradation due to the offense charged,
(2) When presenting the indictment according to sub-section (1), the evidence collected in relation to the crime, the seizure and the objects, the crime related to coercion, as far as possible, the victim and the accused, if they are in custody, should be submitted along with them.
(2a) If the victim has been brought before sub-section (2) when the indictment is presented, his immediateAccording to sub-section (7) of section 101, the defendant should be given an opportunity to be cross-examined.
(3) In the indictment to be submitted in accordance with sub-section (1), if any particular name of the offense proposed to be charged against the accused has been mentioned in the law, the same name shall be mentioned in relation to such offence.
(4) According to sub-section (3), if there is no naming of the offense in the prevailing law, then according to the nature of such offence, the charge against the accused should be named after considering the elements of the offense so that he can clearly understand.
(5) If it is known that the accused has previously been sentenced for any offense or if any other case has been tried against him and if there is a situation where he should be punished more because of that, the date of his previous conviction and the name of the court that sentenced him and the case shall also be filed in accordance with sub-section (1). In the indictment made or if it is opened later, the time of opening should be mentioned.
(6) In relation to an offense, if the evidence gathered immediately is not sufficient to prosecute a person, and the public prosecutor decides not to proceed with the case in accordance with sub-section (3) of Section 31, such offense also includes the subject of civil liability related to the personal property or loss of a person. In that case, the public prosecutor should give the information to the whistleblower or the victim of such offense through the relevant investigation officer.
(7) Regardless of what is written in the prevailing law regarding the receipt of the notice as per sub-section (6), if the concerned person wishes to file a case within sixty days from the date of receipt of such notice, he may file a case similar to the offense under Schedule-4.
(8) In cases where more than one person has been investigated during the investigation according to this Code, but only one of such persons has been prosecuted, or the Nepal Government has been investigated as a plaintiff, but such a case cannot be prosecuted as a plaintiff according to this Code, except under other laws. If there is a decision that the case can be tried or if it can be tried individually, the relevant public prosecutor will inform about itIt should be sent immediately to the concerned High Public Prosecutor's Office and the Attorney General's Office.
(9) After receiving the information in accordance with sub-section (8), the head of the High Public Prosecutor's Office shall study the matter and decide whether or not to prosecute the case and if there is a reasonable reason to prosecute the case, he shall disclose the reason and instruct the concerned public prosecutor to prosecute the case and receive such instructions. If so, such public prosecutor will have to file a charge sheet or a supplementary charge sheet and file a case against the person who has not been tried.
(10) According to sub-section (9), if the head of the High Public Prosecutor's Office decides not to prosecute the case, the information thereof shall be given to the Attorney General's Office.
(11) After receiving the information as per sub-section (10), the Attorney General's office may give the necessary instructions to the concerned public prosecutor regarding whether or not to prosecute the case.
(12) According to sub-section (8) upon receiving information that a case is pending under other laws, if such action is deemed appropriate, the High Public Prosecutor's Office shall inform the relevant person.
(13) Except as otherwise provided in this paragraph, if a bond or surety has been taken from a person in the course of investigation, if a case has been prosecuted against him, the bond or surety held in that manner shall be returned to such person after the detention order and if the case is decided not to be prosecuted, unless otherwise ordered by the court.