You are viewing the translated version of होस ठेगानमा नरहेका ब्यक्तिको कारबाही सम्बन्धी व्यवस्था.

Section 128
Provisions regarding proceedings against persons not at home address

(1) If there is any reason to believe that an accused person is unable to defend himself due to his absence, the court may also order him to be examined and treated by a licensed physician.
(2) If the accused is found to be unable to defend himself due to mental illness during the examination according to sub-section (1), a warrant shall be issued and the case shall be adjourned in his case.
(3) Notwithstanding anything written elsewhere in this code, if such accused is in custody, during the action taken under sub-section (1) or after such action is issued, the court may, if it thinks fit, order him to be released from custody.
(4) When the accused is released according to sub-section (3), the court shall require his guardian to take care of him in such a way that he does not cause any kind of harm or damage to anyone and after he recovers, he shall appear in court when ordered by the court.
(5) Upon release from custody according to sub-section (3), the court may, if it wishes, take a bond or bail from the custodian in accordance with paragraph-7.
(6) The court shall order the relevant prison to take special care in cases other than the case where the accused who is in pretrial detention and is not at the home address is released from detention in accordance with sub-section (3).
(7) If the case of the accused who is not at home is adjourned according to sub-section (2), after such accused recovers, the court shall adjourn him and present him in court and start the trial of the case. But before the adjournment, the court should have the accused re-examined by a licensed doctor and the doctor must have proved that the accused has recovered.
(8) If the court wishes, the physician who has certified the health according to sub-section (1) or (7) may be ordered to appear as a witness.
(9) Notwithstanding anything written elsewhere in this section, if other persons are also defendants with a person who is not at the address, it shall not be considered that the hearing of the case has been hindered in the case of such defendants.