You are viewing the translated version of प्रतिलिपि वा जानकारी दिनु पर्ने.
Section 40
Copy or information to be given
(1) In case the public prosecutor has decided not to proceed with the case according to sub-section (3) of section 31, a copy of such decision and in case of a decision to proceed with the case, a copy of the indictment shall be given to the relevant investigation officer and the accused.
(2) If the concerned public prosecutor decides that there is not enough evidence to prosecute a case under Schedule-1 or Schedule-2, he shall inform the concerned investigating officer and the officer or office higher than such investigating officer of such decision.
Condensional Conductor Conduct, 2074
Preamble - 0
Chapter - 2
Section 4: Section 5: Complaint can be filed if complaint or notice is not registeredSection 6: Section 7: Inform the concerned police officeSection 8: Investigating and gathering evidenceSection 9: Arrestable person related to offenseSection 10: Sending Preliminary Investigation ReportSection 11: Misleading, false or fictitious information may be retainedSection 12: A special team may be constituted to investigateSection 13: DetentionSection 14: Period of detention for investigation and procedure thereonSection 15: Investigating Officer may release person in custodySection 16: Taking statements and interrogatoriesSection 17: Answer the questions askedSection 18: SearchableSection 19: Section 20: Corpse to be examinedSection 21: Physical evidence to be examinedSection 22: Wounds should be examinedSection 23: Expert opinion can be obtainedSection 24: Must be identifiedSection 25: Research diary should be keptSection 26: Can request opinions, advice regarding researchSection 27: the Attorney General may give necessary directions with respect to the investigationSection 28: Section 29: Can be sent to the relevant bodySection 30: Investigation of offenses committed outside NepalSection 31: Investigation report to be sent
Chapter - 3
Section 30A: सम्पत्ति शुद्धीकरण सम्बन्धी कसुरमा कारबाही हुनेSection 32: Filing of indictmentSection 33: A charge sheet can be filed with a claim for reduction of sentenceSection 34: It is not necessary to file a case in certain types of minor offensesSection 35: Additional claims can be takenSection 36: Can amend the indictmentSection 37: May order correction of minor errorsSection 38: Detention, evidence and accusedSection 39: To be preservedSection 40: Copy or information to be givenSection 41: Information to be given to whistleblower or victimSection 42: Favoring the person concernedSection 43: Scope of the caseSection 44: Not to be punished for complaining about polls
Chapter - 4
Section 45: Courts of the area where the offense occurredSection 46: If there is an offense related to different areas, the court of any of those areas can hear the caseSection 47: Jurisdiction to hear cases related to offenses committed outside NepalSection 48: Action and settlement of cases before two courts or bodiesSection 49: Cases falling within the jurisdiction of the lower and upper courts should be heard by the upper courtSection 50: Section 51: Jurisdiction and Limitation to be Decided
Chapter - 6
Section 57: Arrest or issue warrantSection 58: Procedure for Issuance of Warrant of ArrestSection 59: Procedure for Issuance of CertificateSection 60: Can issue subpoena in the name of the witnessSection 61: Tameli of SamahwanSection 62: Section 63: Tameli of Arrest WarrantSection 64: An arrest warrant can be issued or a summons can be issued in the name of the accused residing abroadSection 65: Special Provisions Regarding Absconding PersonsSection 66: The deadline can be fixed in the court itself
Chapter - 7
Section 67: Imprisonment of accusedSection 68: Taking bail or surety or bank guarantee from the accusedSection 69: To be kept on dateSection 70: Additional bond, surety or bank guarantee can be requestedSection 71: Imprisonment or bailable in any case of proceedingsSection 72: Basis for fixing amount of bond, surety or bank guaranteeSection 73: Petition can be made to the court hearing the appealSection 74: Documents to be produced when taking bail, surety or bank guaranteeSection 75: Forfeiture of bailSection 76: Refundable of bail and bailmentSection 77: If the case is not decided within a certain period, he can be released from prisonSection 78: Maximum period of imprisonmentSection 79: Order form to be issuedSection 80: Detention allowance must be given
Chapter - 8
Section 81: Section 82: Tarikh Kitab and Tarikh CompensatorySection 83: Tarikh ParchaSection 84: The date should be fixed in a manner that is convenient for the partiesSection 85: Must be present on the specified dateSection 86: Consequences if the parties to the case are absent on the day of the dateSection 87: Arrest warrants can be issued and property can be seizedSection 88: Even if the date is not settled after understanding the evidence
Chapter - 9
Section 89: Heirs may be appointedSection 90: Can be the heir of more than one person at the same timeSection 91: The parties may be heirsSection 92: Rights and Duties of HeirsSection 93: Inheritance can be revokedSection 94: Heirs will not be arrestedSection 95: Special provisions allowing appointment of heirs
Chapter - 11
Section 99: Evidence to be producedSection 100: Full document to be returnedSection 101: Party to produce witnessesSection 102: Expert...Section 103: Cross-examination of co-accused can be doneSection 104: Section 105: The document called forgery or fraud should be kept with the missileSection 106: The witness must be understood on the appointed daySection 107: Section 108: Affidavit to be made in courtSection 109: Witness understanding through audio-visual communication (video conference)Section 110: Demeanor, facial expressions, etc. of the witness may be notedSection 111: A witness once understood cannot be understood againSection 112: Section 113: Witness should be given daily and visiting allowance and securitySection 114: Protecting witnesses or victimsSection 115: Witness evidence is admissible even outside the state of Nepal
Chapter - 13
Section 121: Accused should be chargedSection 122: Statement of the accused should be madeSection 123: If the accused admits guilt, the case must be decided immediatelySection 124: can be discussed between the plaintiff and the defendantSection 125: Dates to understand evidenceSection 126: Imprisoned or detained party or witness to be producedSection 127: Understanding EvidenceSection 128: Provisions regarding proceedings against persons not at home addressSection 129: Preliminary hearing of the case should be done in open courtSection 130: Accused may appoint legal practitioner for his defenseSection 131: To be decidedSection 132: Notice and Copy of JudgmentSection 133: Case dismissed in case of death
Chapter - 14
Section 134: AppealableSection 135: An appeal may be lodged through the court which made the decision or the prison in which it is confinedSection 136: Manner to be served on appealSection 137: Imprisonment pending appealSection 138: Throwing missilesSection 139: Fixing the date of the hearing of the appealSection 140: Hearing of AppealSection 141: If the respondent is absent, the appeal will be heard ex parteSection 142: Don't stay on dateSection 143: The notice or order served on the appellant or respondent shall be served with the sameSection 144: Power of court to hear appealSection 145: SeekerSection 146: Appeal on the judgment of the seekerSection 147: Sadhak should not be decided until the time of appealSection 148: Procedure for Submitting SeekersSection 149: Right of Court to See SeekerSection 150: Appeal and Sadhak Decision
Chapter - 15
Section 151: Section 152: Agency executing the judgmentSection 153: Execution of judgment to be suspendedSection 154: To be imprisonedSection 155: Amount Payable for ImprisonmentSection 156: Property to be withheldSection 157: Property to be auctionedSection 158: Punishment shall be waived if the convicted person diesSection 159: Punishment can be pardonedSection 160: Section 161: Section 162: Enforcement of finesSection 163: Provisions relating to government bribes or other fundsSection 164: Imprisonable for official misconductSection 165: Procedure for payment of private damages or compensationSection 166: To recover the amount according to the judgment from the bailSection 167: Proceedings to seize, seize or control propertySection 168: Fix a date for payment of compensation, compensation or other amount
Chapter - 16
Section 168A: AppealableSection 169: The District Court concerned shall have jurisdictionSection 169A: LimitationSection 170: XXXXXXXSection 171: Register of documentsSection 172: Documents to be erasedSection 173: Text to be translatedSection 174: Can take the help of a translatorSection 175: Copy to be givenSection 176: Conflict of interest should not be consideredSection 177: Tasks to be done by the judge himselfSection 178: Procedure to be followed on release of detainee or prisonerSection 179: Giving notice when releasing the seized propertySection 180: The public prosecutor should plead and appealSection 181: The public prosecutor can appealSection 182: Documents brought to be registered in court must be registeredSection 183: Identity of victim or witness can be kept confidentialSection 184: Statements, papers or documents before the Investigating Officer may be recorded by audio visual meansSection 185: Section 186: To receive or give compensationSection 187: Need to stay in Rohwar and help to typeSection 188: Not to be prosecutedSection 189: Provisions of Investigation CommitteeSection 190: May allow the case to be resolvedSection 191: Mutual legal assistance can be exchangedSection 192: Documents can be exchanged by electronic meansSection 193: Typographical or mathematical error not affectedSection 193A: Section 194: Coordination CommitteeSection 195: Departmental action will be takenSection 196: Power to make rulesSection 197: Directory can be createdSection 198: May modify or add to the schedule