(1) According to Section 8, when determining the punishment for the offender, it shall be determined by a separate hearing. But in the case of offenses written in the restrictive phrase of sub-section (1) of section D, a separate hearing is not required while determining the punishment.
(2) In the case of the death of the judge who adjudicated the offense during the hearing according to sub-section (1), there is a vacancy, appointment to the position of judge of the higher court [1 Addition by the Act to amend some Nepal Acts related to the Civil Code, 2075. & Amended by Act, 2075 to amend some Nepal Acts related to the Civil Code. If, for any reason, he is unable to perform the duties of that position or if he is not in the position or if he is unable to perform due to serious illness, in any other case, he will have to hear and determine the punishment.