(1) Except as otherwise provided in this Code, after a case has been filed in the court in accordance with this paragraph, the court shall initiate proceedings in such case. But,
(a) In the case of disobeying the order of the court or disobeying the court in any other way, the court may initiate the proceedings of the case by taking the statement of the accused or by asking for a written explanation or by any other application or report.
(b) When a court takes evidence in a case, if a party declares that a piece of evidence is forgery or forgery, on the basis of that statement, the case can be initiated for the offense of forgery or forgery, criminal conspiracy or fraud.
(2) Having committed any offense mentioned in Section 89, 90, 91, 92, 93, 97, 98, 100 of Section 81, 82, Section 4 of Section 3 of Part-2 of the Criminal Code, or has encouraged to commit any such offence, In the case of criminal conspiracy or being intoxicated, except for the case proceedings initiated in accordance with Clause (b) of the restrictive clause of sub-section (1), the court shall justify the trial on the basis of the relevant person's application, report, statement or any separate complaint, and initiate the case proceedings by issuing an order sheet with reasons. Can do.
(3) Proceedings of the case mentioned in sub-section (2) and the case related to the original offense shall be kept together.
(4) Notwithstanding anything written elsewhere in this paragraph, no case shall be filed against any employee of the Government of Nepal for any work done by him in the course of fulfilling the duties of his position, except with the written approval of the Government of Nepal or the concerned head of department. However, if an employee commits any offense by doing any work beyond the duties of his position, he shall not be charged with such an offense and the approval of the Government of Nepal or the head of the relevant department shall be sought.
(5) Committing offenses under Schedule-1 and Schedule-2No person will be prosecuted without the submission of a charge sheet by the public prosecutor. But in the matter mentioned in sub-section (7) of section 34, it will be according to the same.
(6) Notwithstanding anything written in sub-section (5), the following person may file a separate complaint within sixty days of submission of the charge sheet for the compensation of damages caused by any offence-
(a) A person who has been injured by a fault,
(b) Any person close to him in relation to a matter to be complained about by a national servant who is stationed elsewhere or abroad in the course of his employment,
(c) in relation to any work to be done by any person in any office, position or any other capacity, or in relation to any matter to be protected, a person in such office, position or capacity,
(d) In relation to a person with a disability, a child or a person who has exceeded the age of seventy-five years or a person who is incapacitated by physical or mental illness, the rightful owner of a single house and if there is no such rightful owner, any other rightful person or custodian,
(e) In case of damage to an organized organization due to a fault, the director or member, administrator or chief executive officer of such organization who has the right to act as the head of such organization.