(1) When the court issues summons to appear in court in the name of the accused or the defendant in accordance with this Code, it shall issue a period of twenty one days apart from the period of bail.
(2) When issuing a summons in the name of the accused or the defendant according to sub-section (1), in the case other than the offense mentioned in Schedule-4, a time limit shall be issued in the format according to Schedule-26 and in the case related to the offense mentioned in Schedule-4 in the format according to Schedule-27.
(3) If an application is made for the extension of the summons due to failure to appear within the time limit specified in sub-section (1) and if such action is deemed appropriate, the court may order a one-time extension of the summons up to a maximum of fifteen days.
(4) …………………………………..
(5) In the case of the accused or the defendant who does not appear within the specified period in the summons ordered in accordance with this section, the court may issue an arrest warrant in accordance with the restrictive phrase of subsection (3) of section 57, if the court deems that he should be arrested and brought to appear. However, if the accused submits a petition showing that he was unable to appear within the specified period due to circumstances beyond his control, and if the court deems the application reasonable, it may issue an order to extend the period of up to fifteen days from the date of the expiry of the period of the circumstances beyond his control. Explanation: For the purposes of this Code, “period of force majeure” means the following period:-
(a) If a person who is required to appear in the court dies and has to mourn according to tradition, he himself has to be mourned by a kiriya or a kiriya-like person, seven days after the fifteenth day of the death of such a person, excluding the period of travel,
(b) If the person required to appear in court is a woman and has given birth, sixty days from the date of delivery excluding the period of travel,
(c) If the road is closed due to landslides or snow or the curfew is declared or public transport is not running due to any other reason, the road is open or the public transportFifteen days from the date of operation of the instrument excluding the period of passage,
(d) If a calamity such as an earthquake or volcano occurs within the time limit for appearing in court, then ten days from the date of occurrence excluding the time limit for travel,
(e) If a person who is required to appear in court has been abducted or taken hostage by someone, fifteen days after the date of release from such abduction or hostage, (f) If the person required to appear in the court is unconscious or unable to walk due to an accident or is unable to walk due to a disabled patient and is admitted to a hospital approved by the Government of Nepal for treatment, fifteen days in the case of a party to a case as per Schedule-4 and more than three months in the case of a party to another case The period till discharge from the hospital without exceeding.
(6) In the case of clauses (a) and (e) of sub-section (5), as far as possible, the concerned person shall give the notice to the court immediately.
(7) With the application given under sub-section (5), evidence necessary to confirm the occurrence of uncontrollable circumstances must be attached.