You are viewing the translated version of छुट्टै कानूनी व्यवस्था भएकोमा असर नपर्ने.
Section 3
Not affected by having a separate legal provision
: (1) Provisions of this Code shall not affect such matters if provisions are made in a separate law regarding the investigation, prosecution, jurisdiction of the case, execution of trial judgment or any other action.
(2) The provisions of this Code shall apply to the procedure not provided for in a separate Act mentioned in sub-section (1).
(3) Without prejudice to the generality of sub-section (1), the following shall be as follows:-
(a) If an officer has been appointed in a separate act regarding the prosecution of any offence, from such officer and if such officer has not been appointed, the relevant head of office should submit a memorandum to the relevant public prosecutor for the decision whether or not to proceed with the case without exceeding the deadline for filing the charge sheet with proof.
(b) After receiving the missile according to clause (a), decide whether or not to proceed with the case and if it is decided to proceed with the case, the person who should be prosecuted and the accused, punishment and claim to be included in the indictment should be mentioned and the received missile should be sent back without exceeding the deadline for filing the case. ,
(c) After receiving the decision to prosecute the case according to Clause (b), prepare a corresponding indictment and, if detained, file a case before the relevant court within the time limit, and provide a copy of the missile to the public prosecutor.
(d) The officer or head of office as per clause (a) may do the following in addition to filing the charge sheet as per clause (c):-
(1) Taking the opinion of the public prosecutor to file the indictment and filing the indictment in accordance with section 33, and to apply to the relevant court for canceling the reduced sentence in the case of sub-section (6) of the same section,
(2) Taking the opinion of the public prosecutor to file a case with additional claims in accordance with section 35,
(3) To file a case with additional claims according to section 36 after taking the opinion of the public prosecutor (4) To make an application to the court for correcting the error according to section 37 after taking the opinion of the public prosecutor,
(5) To produce witnesses in court as per section 101 through the public prosecutor,
(6) To provide daily allowance and visiting allowance to expert witness as per Section 113.
(2) The provisions of this Code shall apply to the procedure not provided for in a separate Act mentioned in sub-section (1).
(3) Without prejudice to the generality of sub-section (1), the following shall be as follows:-
(a) If an officer has been appointed in a separate act regarding the prosecution of any offence, from such officer and if such officer has not been appointed, the relevant head of office should submit a memorandum to the relevant public prosecutor for the decision whether or not to proceed with the case without exceeding the deadline for filing the charge sheet with proof.
(b) After receiving the missile according to clause (a), decide whether or not to proceed with the case and if it is decided to proceed with the case, the person who should be prosecuted and the accused, punishment and claim to be included in the indictment should be mentioned and the received missile should be sent back without exceeding the deadline for filing the case. ,
(c) After receiving the decision to prosecute the case according to Clause (b), prepare a corresponding indictment and, if detained, file a case before the relevant court within the time limit, and provide a copy of the missile to the public prosecutor.
(d) The officer or head of office as per clause (a) may do the following in addition to filing the charge sheet as per clause (c):-
(1) Taking the opinion of the public prosecutor to file the indictment and filing the indictment in accordance with section 33, and to apply to the relevant court for canceling the reduced sentence in the case of sub-section (6) of the same section,
(2) Taking the opinion of the public prosecutor to file a case with additional claims in accordance with section 35,
(3) To file a case with additional claims according to section 36 after taking the opinion of the public prosecutor (4) To make an application to the court for correcting the error according to section 37 after taking the opinion of the public prosecutor,
(5) To produce witnesses in court as per section 101 through the public prosecutor,
(6) To provide daily allowance and visiting allowance to expert witness as per Section 113.