If there is a written request for mutual legal assistance in accordance with section 7, 8, 9, 10, 11, 12 or 13, the central authority shall make a request to the foreign state through diplomatic channels to obtain such legal assistance.
(2) When making a request in accordance with sub-section (1), the Central Officer shall disclose the following details in addition to the matters mentioned in section 14:
(a) Name of the requesting authority or court,
(b) Details of any specific procedure to be followed while executing the request in the foreign state and providing the information or item as per the request,
(c) if the request is to be kept confidential, the grounds and reasons thereof,
(d) If the person is requested to be present, his security arrangements and other facilities including his food and accommodation,
(e) If a request is made pursuant to a treaty, if a separate procedure is to be followed when making a request in such a treaty, the details thereof,
(f) Other details prescribed by the Government of Nepal by publishing a notice in the Nepal Gazette.
(3) The following documents should be attached when making a request in accordance with sub-section (2):
(a) Ensuring that if a person is requested to appear, he will not be detained, prosecuted or punished on the grounds that he has committed any act contrary to the law prior to the request, and that such person will be returned to the respective country,
(b) Ensuring that he is not compelled to give evidence or to cooperate in matters other than those requested,
(c) an assurance that no legal action or punishment shall be brought against him in respect of such judicial proceedings except for perjury or contempt of court,
(d) Ensuring that if a search is requested, the items seized after the search will be kept safe and returned after the end of such purpose,
(e) If any document, item or information is requested, an undertaking that it will not be made public without the approval of the concerned country,
(f) Other documents prescribed by the Government of Nepal by publishing a notice in the Nepal Gazette.
(4) Pursuant to this section, parasWhen requesting for external legal assistance, there is no treaty with such a country for that purpose and in order to obtain mutual legal assistance of the same nature, it is necessary to give an assurance that legal assistance will be provided on the basis of reciprocity as requested by such country in the future, if the central authority gives such assurance through diplomatic channels. can