You are viewing the translated version of Investigation Into And Filing Of Cases.
Section 62
Investigation Into And Filing Of Cases
(1) Such employee of the Provincial Government as designated by the Provincial Government by a notification in the Provincial Gazette shall carry out investigation into the cases related to the offence punishable by imprisonment for a term not exceeding one year pursuant to this Act.
(2) Such employee of the Government of Nepal as designated by the Government of Nepal by a notification in the Nepal Gazette shall carry out investigation into the cases related to the offence
punishable by imprisonment for a term exceeding one year pursuant to this Act.
(3) If one person is liable to punishment of imprisonment for a term not exceeding one year and another person to that of imprisonment for a term exceeding one year for the same offence, the employee referred to in sub-section (2) shall carryout investigation and inquiry into that case.
(4) If, upon completion of the investigation and inquiry referred to in this Act, it appears necessary to file a case, the investigating authority shall submit the case-file containing the concerned evidence and proof, accompanied by his or her opinion, to the concerned Government Attorney Office for a decision whether or not to institute the case.
(5) In the case of receipt of the case-file referred to in sub-section (4), the concerned Government Attorney Office shall return the case-file to the investigating officer specifying the matter to that effect if the case is incapable of being instituted, and specifying the person against whom the case is to be instituted, the charge against him or her, punishment to be imposed on him or her and the claim to be made in the charge-sheet if the case is to be instituted so that the limitation for filing the case does not expire.
(6) Notwithstanding anything contained in sub-section (5), if, in studying the case-file received, it deems necessary to carry out further investigation on that matter, the Government Attorney Office shall return the case-file, accompanied by the ground and reason for
the same, specifying the matters to be further investigated, to the investigating officer.
(7) If the case-file is received for carrying out further investigation on any matter pursuant to sub-section (6), the investigating officer shall carry out further investigation on the matter and submit again the case-file, accompanied by the claim of proposed charge, to the Government Attorney Office, for filing the case.
(8) Upon receipt of the case-file pursuant to sub-section (7), the concerned Government Attorney Office shall decide to or not to institute the case pursuant to sub-section (5) and return it to the investigating officer.
(9) Upon receipt of the case-file with the decision to institute the case from the Government Attorney Office pursuant to sub-section (5) or (8), the investigating officer shall file the case, by the name of the Government of Nepal, with the case trying authority.
(2) Such employee of the Government of Nepal as designated by the Government of Nepal by a notification in the Nepal Gazette shall carry out investigation into the cases related to the offence
punishable by imprisonment for a term exceeding one year pursuant to this Act.
(3) If one person is liable to punishment of imprisonment for a term not exceeding one year and another person to that of imprisonment for a term exceeding one year for the same offence, the employee referred to in sub-section (2) shall carryout investigation and inquiry into that case.
(4) If, upon completion of the investigation and inquiry referred to in this Act, it appears necessary to file a case, the investigating authority shall submit the case-file containing the concerned evidence and proof, accompanied by his or her opinion, to the concerned Government Attorney Office for a decision whether or not to institute the case.
(5) In the case of receipt of the case-file referred to in sub-section (4), the concerned Government Attorney Office shall return the case-file to the investigating officer specifying the matter to that effect if the case is incapable of being instituted, and specifying the person against whom the case is to be instituted, the charge against him or her, punishment to be imposed on him or her and the claim to be made in the charge-sheet if the case is to be instituted so that the limitation for filing the case does not expire.
(6) Notwithstanding anything contained in sub-section (5), if, in studying the case-file received, it deems necessary to carry out further investigation on that matter, the Government Attorney Office shall return the case-file, accompanied by the ground and reason for
the same, specifying the matters to be further investigated, to the investigating officer.
(7) If the case-file is received for carrying out further investigation on any matter pursuant to sub-section (6), the investigating officer shall carry out further investigation on the matter and submit again the case-file, accompanied by the claim of proposed charge, to the Government Attorney Office, for filing the case.
(8) Upon receipt of the case-file pursuant to sub-section (7), the concerned Government Attorney Office shall decide to or not to institute the case pursuant to sub-section (5) and return it to the investigating officer.
(9) Upon receipt of the case-file with the decision to institute the case from the Government Attorney Office pursuant to sub-section (5) or (8), the investigating officer shall file the case, by the name of the Government of Nepal, with the case trying authority.