(1)
Upon receipt of any information that an offence set forth in
Schedule-1 has been committed or is being committed or is likely to
be committed, the concerned police office shall, as soon as possible,
designate a police employee whose rank is at least assistant subinspector
as the investigating authority and give information thereof
to the concerned government attorney office and the higher police
office; and the investigating authority so designated shall conduct
investigation into such offence.
Provided that a police employee whose rank is at least police
inspector shall be designated to investigate into any of the following
offences:
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(a) Offences set forth in Chapter -1, Chapter -12, Chapter -
17, Section 219 of Chapter -18, Sections 230, 231, 232,
sub-section (4) of Section 233, Section 235, sub-section
(4) of Section 238 of Chapter -19, Section 244 of
Chapter -20, Sections 256, 257 and 258 of Chapter 22,
of Part-2 of the Penal Code,
(b) Offences related to narcotic drugs, human trafficking
and transportation and foreign exchange,
(c) Any other offence so specified by the Government of
Nepal by a notification in the Nepal Gazette, taking into
account the gravity of the offence.
(2) The investigating authority shall, in conducting
investigation under this Section, prepare a deed on the scene of crime
containing the following matters, as far as practicable, in such
manner as to demonstrate the actual description of the offence and
the place where the offence was committed:
(a) The date and time when the offence was committed,
(b) The address, description and sketch of the place where
the offence was committed,
(c) The circumstance of such place and its connection with
the offence or offender,
(d) The exhibits or evidence found or seen at or around the
place where the offence was committed, and any other
significant matters related to the offence.
(3) After preparing a deed on the scene of offence pursuant
to sub-section (2), the investigating authority may, as far as
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practicable, take a photograph of such place and of any finger print
or foot print, mark or other exhibits seen or found at such place or
any other important matter that may be helpful in establishing the
guilt.
(4) In preparing a deed on the scene of crime pursuant to
sub-section (2), thumb impressions as well as identity disclosing
details of the offender or accused person, if present, shall also be
taken.
(5) The investigating authority shall take possession of the
exhibits, evidence, object or article related to the offence, if any
found.
(6) The authority taking possession of any exhibits,
evidence, object or article pursuant to sub-section (5) shall give a
receipt thereof to the concerned person.
(7) Investigation into any of the offences set forth in
Schedule-2 shall be conducted by the authority, if any, specified by
law to that effect, and, failing the specification of such authority, by
the concerned chief district officer or officer level employee
designated by him or her.
(8) The authority specified pursuant to sub-section (7) shall,
in conducting investigation into such offence, fulfill the procedures
set forth in sub-sections (2), (3), (4), (5) and (6).
(9) In conducting investigation into any offence committed
on the same occasion pursuant to this Chapter, investigation into all
cases that may be instituted from the acts done on such occasion
shall be conducted at the same time.
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