(1) After the completion of the investigation in relation to any offense under Schedule-1 or Schedule-2, if the investigation officer finds that there is sufficient evidence to prosecute all or any person suspected of having committed an offense, the question under which law should be punished should be disclosed and it is found that there is no offense or Even if there has been a crime, if it is not certain that the person who committed such a crime is the same person or if there is insufficient evidence to prosecute a person, the same should be submitted to the relevant public prosecutor's office with a copy of the original and duplicate documents and ten proofs, prepared in the format as per schedule-19. Will have to send.
(2) When the report is sent according to sub-section (1), at least fifteen days before the expiry of the relevant law in case of a non-custodial case, and in the case of a custody case, usually before the day of filing the case, taking into consideration the time taken to prepare the charge sheet and file it in the court. It should be sent at least three days in advance (3) After receiving the missal with the investigation report according to sub-section (1), the concerned public prosecutor shall study the missal and evaluate the evidence collected in the course of the investigation and send the missal to the Attorney General for a decision on whether or not to prosecute the case. But if the authority to decide whether or not to prosecute the case has been handed over from the Attorney General to the subordinate public prosecutor, such missile should be sent to the relevant public prosecutor. Explanation: For the purposes of this section, "subordinate officer" means a public prosecutor under the Attorney General and the term also refers to any officer or employee of the Government of Nepal authorized by the Attorney General to prosecute any other case in which the Government of Nepal is the plaintiff, unless otherwise provided in the Constitution.
(4) In order to decide whether or not to prosecute the case in accordance with sub-section (3), the public prosecutor is required to collect additional evidence or conduct further investigation or make further inquiries with a person.If he sees such raw evidence, he can instruct the investigating officer to send it after further investigation or send it after questioning such person.
(5) If the public prosecutor gives instructions for further investigation of the offense as per sub-section (4), the investigating officer shall complete the further investigation within fifteen days from the date of receipt of such instructions.
(6) If the investigating officer feels that the further investigation as per sub-section (5) cannot be completed within the period mentioned in the same sub-section and if any person is in custody, the investigating officer may keep such person on the date with or without taking the bail of the accused person.
(7) If the investigation officer submits a report to the public prosecutor stating the reasons why a person cannot be prosecuted in accordance with this section, if a person is in custody as part of the investigation, the investigating officer shall keep such person in custody until the public prosecutor decides whether or not to proceed with the case.
(8) Regardless of what is written elsewhere in this paragraph, even if it is decided not to prosecute any offense mentioned in Schedule-1 or Schedule-2 due to lack of evidence, if any important evidence is obtained later, a charge sheet may be filed after re-investigation in relation to such offence.