You are viewing the translated version of मुद्दाको अनुसन्धान र दायरी.

Section 39
Investigation and scope of the case

(1) The investigation of the offense mentioned in sub-section (3) of section 41 shall be done by the official appointed by the Commission by publishing a notice in the Nepal Gazette.
(2) In the course of the investigation of the case according to sub-section (1), the investigating officer, based on sufficient evidence, may order the relevant police office to arrest the person suspected to be involved in the crime in accordance with the prevailing law and arrest such person.
(3) If the person arrested according to sub-section (2) has to be detained and investigated, the investigating officer shall present him before the court within twenty-four hours, excluding the time limit for the journey, and keep him in custody only with the permission of the court.
(4) If the permission to detain is requested in accordance with sub-section (3), the court shall consider whether the investigation has been satisfactory or not and the reasons for the detention, and if the investigation is being carried out satisfactorily and there are sufficient grounds for detention, the court may grant permission to detain for a maximum of fifteen days once or several times. Will be able to.
(5) It shall be the duty of the concerned police office to comply with the order given by the investigating officer in accordance with this section. The investigating officer shall send a written notice to the Commission to take departmental action against such police personnel who do not comply with the order given in this way and departmental action will be taken against such police personnel.
(6) If it appears that a case should be prosecuted against a person according to this section, the investigating officer shall file the charge sheet in the court within sixty days from the date of commission of the offence. However, if the defendant is in custody, if the case is to be prosecuted, the indictment must be filed within fifteen days of the defendant being in custody.
(7) After the completion of the investigation, the investigation officer shall submit the evidence and evidence to the relevant public prosecutor for the decision whether to proceed with the case or not, without exceeding the deadline for filing the indictment in the court.
(8) After receiving the missile according to sub-section (7), the public prosecutor shall decide whether to proceed with the case or not, and if the case is to be proceeded with, file the case.Missile received should be sent back without exceeding the deadline.
(9) According to sub-section (8), if it is decided to proceed with the case by the public prosecutor, after receiving such a decision, the investigating officer shall prepare the charge sheet and file the case before the court.