Section 138
Calling For Case File
(1) Except in cases where the case-file is
received pursuant to sub-section (3) of Section 135, the appeal
hearing court shall, upon the filing of an appeal, and as soon as
possible, order the concerned court to send the case-file of such case.
(2) The concerned court shall send the case-file to the
appeal hearing court within three days from the date of receipt of the
order pursuant to sub-section (1).
received pursuant to sub-section (3) of Section 135, the appeal
hearing court shall, upon the filing of an appeal, and as soon as
possible, order the concerned court to send the case-file of such case.
(2) The concerned court shall send the case-file to the
appeal hearing court within three days from the date of receipt of the
order pursuant to sub-section (1).
National Criminal Procedure (Code) Act, 2017
Preamble - 0
Chapter - 2
Section 4: First Information Report Or Information On Commission Of Offence To Be GivenSection 5: Complaint Against Refusal To Register First Information Report Or InformationSection 6: Arrangements To Be Made To Prevent Evidence From Being Concealed Or Destructed And Prevent Offender From EscapingSection 7: Information To Be Given To Concerned Police OfficeSection 8: Collection Of Proof And Evidence Upon Making InvestigationSection 9: Power To Arrest Person Related To OffenceSection 10: Preliminary Investigation Report To Be ForwardedSection 11: Power To Abate Deceptive, False Or Fabricated InformationSection 12: Power To Form Special Team To Conduct InvestigationSection 13: To Hold In DetentionSection 14: Period During Which One May Be Held In Detention For Investigation, And Procedures Relating TheretoSection 15: Power Of Investigating Authority To Release Person Held In DetentionSection 16: Deposition And InterrogationSection 17: To Answer Question AskedSection 18: Power To Make SearchSection 19: Requirement Of Presence In Executing DeedsSection 20: Examination Of Corpse To Be MadeSection 21: Examination Of Physical Evidence To Be MadeSection 22: Examination Of InjurySection 23: Expert Opinion May Be ObtainedSection 24: Identification To Be MadeSection 25: Police Diary To Be MaintainedSection 26: Advice, Opinion May Be Sought In Relation To InvestigationSection 27: Power Of The Attorney General To Give Direction In The Course Of InvestigationSection 28: Records Of First Information Reports To Be MaintainedSection 29: Power To Forward The Matter To The Concerned BodySection 30: Investigation Into Offence Committed Outside NepalSection 31: Investigation Report To Be Sent
Chapter - 3
Section 32: To File Charge SheetsSection 33: Filing Of Charge Sheet Claiming For Lesser PunishmentSection 34: Cases On Minor Offences Of Specific Type May Not Be FiledSection 35: Additional Claim Can Be MadeSection 36: Alterations In Charge SheetsSection 37: Power To Make Order To Correct Minor ErrorsSection 38: Custody Of Exhibits, Evidence And AccusedSection 39: To Retain SafelySection 40: Copy Or Information To Be GivenSection 41: Notice To Be Given To Informants Or VictimsSection 42: Concerned Person To Be Made PartySection 43: Filing Of CasesSection 44: Exemption From Sentence For Making Allegation Or Complaint
Chapter - 4
Section 45: Offences To Be Tried By Court Having Jurisdiction Over Area Where Offences CommittedSection 46: Offences Connected With Different Areas To Be Tried By Court Having Jurisdiction Over Any Of Such AreasSection 47: Jurisdiction To Try Offences Committed Outside NepalSection 48: Proceeding And Adjudication Of Cases Filed In Two Courts Or BodiesSection 49: Cases Under Jurisdiction Of Both Higher And Lower Courts To Be Tried By Higher CourtSection 50: Endorsement To Be Made In Cases Of Lacking Jurisdiction Or Failing To Meet RequirementsSection 51: Decision As To Jurisdiction And Statute Of Limitation To Be Made
Chapter - 6
Section 57: Summons Or Warrant For Arrest To Be IssuedSection 58: Procedure For Issuing Warrant For ArrestSection 59: Procedure For Issuing SummonsSection 60: Summons May Be Issued In The Name Of WitnessSection 61: Service Of SummonsSection 62: Summons May Be Served Through Print Or Electronic Communication MediaSection 63: Service Of Arrest For WarrantSection 64: Warrant For Arrest Or Summons May Be Issued To Or Served On Accused Residing In Foreign CountrySection 65: Special Provisions Relating To Absconding PersonsSection 66: Process May Be Served At Court
Chapter - 7
Section 67: To Hold The Accused In DetentionSection 68: Bail /bond, Guarantee Or Bank Guarantee To Be Taken From The AccusedSection 69: To Remand On RecognizanceSection 70: Additional Bail/bond, Guarantee Or Bank Guarantee May Be DemandedSection 71: Power To Remand In Detention Or On Guarantee At Any Stage Of ProceedingsSection 72: Grounds For Fixation Of Amount Of Bail/bond, Guarantee Or Bank GuaranteeSection 73: Petition May Be Made To Appeal Hearing CourtSection 74: Deed To Be Executed While Taking Bail/bond, Guarantee Or Bank GuaranteeSection 75: Forfeiture Of Bail/bondSection 76: Amount Of Bail/bond May Be Returned And Guarantee ReleasedSection 77: To Release From Detention Where Case Not Adjudged Within Specified PeriodSection 78: Maximum Allowable Period Of DetentionSection 79: Memorandum Of Order To Be ExecutedSection 80: Warrant For Detention To Be Given
Chapter - 8
Section 81: Appointment Of Date For Appearance By Assigning ReasonSection 82: Book Of, And Receipt Of Acknowledgment Of, Appointed Date For AppearanceSection 83: Sheet Of Appointed Date For AppearanceSection 84: Appointment Of Date For Appearance To Be Made In A Manner To Be Convenient To PartiesSection 85: To Appear On Appointed Date For AppearanceSection 86: Consequences Of Absence Of Parties On Appointed Date For AppearanceSection 87: Power To Issue Warrant For Arrest And Attach PropertySection 88: Remaining On Recognizance After Examination Of Evidence Not Necessary
Chapter - 9
Section 89: Attorney May Be AppointedSection 90: Person May Become Attorney Of More Than One Person SimultaneouslySection 91: Party May Be AttorneySection 92: Powers And Duties Of AttorneySection 93: Revocation Of AttorneySection 94: Not To Arrest AttorneySection 95: Special Provision Relating To Permission To Appoint Attorney
Chapter - 11
Section 99: Evidence To Be ProducedSection 100: Originals To Be ReturnedSection 101: Party To Cause Attendance Of WitnessSection 102: Examination Of Expert WitnessSection 103: Cross Examination Of The Co-accusedSection 104: Provisions Relating To Documentary EvidenceSection 105: Document Named As Forged Or Fraud To Be Kept In The Case-fileSection 106: Witness To Be Examined On Fixed DaySection 107: Power To Examine Witness On CommissionSection 108: Deposition To Be Taken Before BenchSection 109: Witness May Be Examined Through Video ConferenceSection 110: Demeanor, Appearance EtcSection 111: Witness Once Examined Not To Be Re-examinedSection 112: Summons Or Warrant For Arrest May Be Issued To Witness Ought To Be ExaminedSection 113: Daily And Travel Allowance And Security To Be Provided To WitnessSection 114: To Protect Witness Or VictimSection 115: Witness Or Evidence May Be Examined Even Outside The State Of Nepal
Chapter - 13
Section 121: Charge To Be Read Out To The AccusedSection 122: Deposition Of The Accused To Be MadeSection 123: Judgment To Be Made Immediately If The Accused Pleads Guilty Of OffenceSection 124: Discussion May Be Held Between Plaintiff And DefendantSection 125: Appointment Of Date For Appearance For Examination Of EvidenceSection 126: Party Or Witness Held In Detention Or Imprisonment To Be ProducedSection 127: Order Of Examining EvidenceSection 128: Provisions Relating To Trial Of Person Of Unsound MindSection 129: Trial Of Cases To Be Conducted In Open BenchSection 130: Law Practitioner May Be Appointed By The Accused For His Or Her DefenseSection 131: Judgment To Be MadeSection 132: Notice And Copy Of Judgment To Be GivenSection 133: Dismissal Of Cases On Death
Chapter - 14
Section 134: Appeal To LieSection 135: Filing Of Appeal Through Judgment Making Court Or Prison Where One Is ImprisonedSection 136: Procedures To Be Fulfilled In Making AppealSection 137: To Remain In Imprisonment While Making AppealSection 138: Calling For Case FileSection 139: Appointment Of Date For Appearance For Hearing AppealSection 140: Hearing Of AppealSection 141: Appeal Liable To Be Heard Ex Parte In Absence Of RespondentSection 142: Not Required To Be On RecognizanceSection 143: Service Of Notice Or Order On Appellant Or Respondent As If It Were A SummonsSection 144: Powers Of Appeal Hearing CourtSection 145: Reference For SanctionSection 146: Appeal Against Reference JudgmentSection 147: Not To Pass Reference Judgment Until Expiration Of Time-limit For AppealSection 148: Procedures For Making Reference For SanctionSection 149: Powers Of Court In Dealing With Reference For SanctionSection 150: Appeal And Reference Judgment
Chapter - 15
Section 151: To Establish Record Of SentenceSection 152: Bodies For Judgment ExecutionSection 153: Postponement Of Execution Of JudgmentsSection 154: Confinement In PrisonSection 155: Payment Of Money In Lieu Of ImprisonmentSection 156: Property To Be AttachedSection 157: Property May Be AuctionedSection 158: Remission Of Sentence In The Event Of Death Of The Person SentencedSection 159: Pardon Many Be MadeSection 160: Records To Be VoidedSection 161: Period Of Detention Undergone To Be Set Off Against Sentence Of ImprisonmentSection 162: Execution Of Sentence Of FineSection 163: Provisions Relating To Government Claimed Amount Or Other AmountSection 164: Imprisonment For Government Claimed AmountSection 165: Procedures For Recovering Personal Claimed Amount Or CompensationSection 166: Recovery Of Amount Under Judgment From Bail/bondSection 167: Procedures For Attachment, Forfeiture Or Control Of PropertySection 168: To Appoint Date For Appearance For Recovery Of Claimed Amount, Compensation Or Other Amount
Chapter - 16
Section 169: Cases To Be Tried By District CourtSection 170: Priority Order For Trying CasesSection 171: Index Of DocumentsSection 172: Disposal Of DocumentsSection 173: Document To Be TranslatedSection 174: Assistance Of Interpreter May Be TakenSection 175: Copies To Be ProvidedSection 176: Not To Try Case Involving Conflict Of InterestSection 177: Acts To Be Done By Judge Himself Or HerselfSection 178: Procedure To Be Followed For Releasing Detainee Or PrisonerSection 179: To Give Notice On Release Of Property Subject To AttachmentSection 180: Pleading And Appeal To Be Made By Government AttorneySection 181: Power Of Government Attorney To Make ComplaintSection 182: To Register Document Tendered For Registration In CourtSection 183: Identity Of Victim Or Witness May Be Kept SecretSection 184: Deposition, Document Or Deed Made Or Executed Before Investigating Authority May Be Recorded In Audio-visual MeansSection 185: Performance Of Activities By Higher Level EmployeeSection 186: Receipt To Be Taken Or GivenSection 187: To Make Assistance In Witnessing And Giving Signature Or Thumb ImpressionSection 188: Action Not To Be InstitutedSection 189: Provision Of Investigating CommitteeSection 190: Power To Grant Permission To Take Over CaseSection 191: Mutual Legal Assistance May Be EffectedSection 192: Documents May Be Exchanged Through Electronic MeansSection 193: Not To Be Affected By Printing Or Mathematical ErrorSection 194: Coordination CommitteeSection 195: Departmental Action To Be TakenSection 196: Power To Frame RulesSection 197: Power To Frame DirectivesSection 198: Power To Make Alteration In Schedules