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Section 189
Provisions of Investigation Committee
Notwithstanding anything else written in this Code, the investigation of the complaint related to the offense of malicious investigation or prosecution under Section 99 of the Criminal Code shall be investigated by the following committee:-
(a) Associate Advocates of at least first grade gazetted as appointed by the Attorney General – Chairman
(b) Officials of at least first class gazetted of the Government of Nepal designated by the Government of Nepal - Member
(c) At least gazetted first grade officer-member of Nepal Police appointed by the Government of Nepal (2) If the committee under sub-section (1) finds that the investigation or prosecution has been carried out in bad faith, it will send a written report to the relevant public prosecutor's office to prosecute the case.
(3) Regardless of what is written elsewhere in this code, the investigation of offenses under sections 231, 232, 233 and 238 of the criminal code will be done by the following committee:-
(a) Relevant expert doctor appointed by Nepal Medical Council – Coordinator (b) Officials of at least the eleventh level who have acquired expertise in the relevant field of Nepal Health Service designated by the Ministry of the Government of Nepal to deal with health-related matters - Member
(c) Associate Solicitors appointed by the Attorney General – Member
(d) At least gazetted first class officer of Nepal Police designated by the Ministry of Home Affairs – Member (e) One person appointed by the Ministry of the Government of Nepal to deal with health-related issues from among the people active in the field of consumer rights - Member (4) If the committee according to sub-section (3) finds evidence of wrongdoing by the concerned person during the investigation, it will send in writing to the office of the concerned public prosecutor to prosecute the case against him.