(1) A person shall be brought before the investigating officer as soon as possible within twenty-four hours after being arrested in accordance with this paragraph for the investigation of the offence.
(2) No one shall be detained in contravention of sub-section (1). (3) If a person needs to be detained for more than the period written in sub-section (1), the investigating officer shall disclose the grounds and reasons thereof and submit an application for permission to the officer handling the case through the public prosecutor's office. Explanation: For the purpose of this section, the time taken to bring an arrested person from the place of arrest to the police office or an office authorized to investigate, or from the police office or an office authorized to conduct an investigation to the court to bring the person arrested within a period of twenty-four hours to appear before the officer hearing the case shall not be counted.
(4) When the investigating officer submits an application to the hearing officer in accordance with sub-section (3), the charge against the person in custody, the basis thereof, the reason why he should be detained and investigated and if his statement has been made, the conduct according to the statement document shall be clearly mentioned.
(5) A person who has been presented for permission to be detained in accordance with sub-section (3) may, if he wishes, submit an application to the officer handling the case to obtain his physical examination.
(6) When the investigating officer requests permission to detain a person in accordance with sub-section (3), the investigating officer shall look at the relevant documents and consider whether the investigation has been satisfactory or not, and if necessary, listen to the arguments of the relevant legal practitioners, if it is deemed necessary to detain him for investigation. Or he can repeatedly order detention for a maximum of twenty-five days.
(7) Notwithstanding anything contained in sub-section (6), among the offenses under Schedule-1, assault on the President, espionage, inciting soldiers, waging war against the State of Nepal or the army of the State engaged in war with Nepal.Both the investigating officer and the public prosecutor can submit a report to the investigating officer jointly with the reason why the investigation of offenses related to explosives, kidnapping and body hostage cannot be completed within the time period given under subsection (6).
(8) If the report as per sub-section (7) is submitted, the investigating officer may, after looking at the status of the investigation, give an order to keep the person in custody for a maximum of fifteen days at one time or several times. However, if any accused person is found guilty, he cannot be detained for more than the period of imprisonment.
(9) According to sub-section (6) or (8), when the officer hearing the case issues a detention order, he must produce a leaflet with the reason.
(10) Notwithstanding anything written elsewhere in this section, if the investigation officer deems it necessary to investigate women who are pregnant for more than seven months, children, and persons over seventy-five years of age, without detaining them, they may investigate the reason by setting up an open paper and keeping them on a date.