(1) Except as otherwise provided in this Act, the court shall
commence proceedings in a case related to any offence upon its
filing in the court pursuant to this Chapter.
Provided that:
(a) On an offence of disregarding a court order or contempt
of court in any other manner, the court can proceed the
case even upon taking a summary statement or written
explanation of the accused or upon any other petition or
report,
(b) Where, in examining evidence in a case by the court,
any party makes deposition alleging that any evidence is
a forged or fraudulent one, the case may, on the basis of
that deposition, be proceeded on the offence of fraud or
forgery or on the offence of aid and abetment, making
criminal conspiracy or accomplice to such offence, from
the same case-file.
(2) Except in cases where the proceedings of case have
commenced, pursuant to clause (b) of the proviso to sub-section (1),
on the charge of committing any offence referred to in Section 81 or
82 of Chapter -3, Sections 89, 90, 91, 92, 93, 97, 98 or 100 of
Chapter -4, of Part-2 of the Penal Code, or abetment of, criminal
conspiracy to, or being accomplice to, any such offence, the court
may, if it thinks justifiable to institute the case on the basis of a
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petition, report, deposition or any separate complaint, proceed the
case by executing a memorandum of order, accompanied by the
reason therefor.
(3) Any case set forth in sub-section (2) shall be proceeded
and adjudicated in conjunction with the case of the main offence.
(4) Notwithstanding anything contained elsewhere in this
Chapter, except with the written approval of the Government of
Nepal or departmental head, no case shall be instituted accusing any
employee of the Government of Nepal of any offence alleged to have
been committed by such employee while acting in the discharge of
his or her official duty.
Provided that if any employee commits any offence by doing
any act beyond his or her official duty, approval of the Government
of Nepal or departmental head shall not be required to institute a case
on such offence alleged to have been committed by him or her.
(5) No case may be instituted against any person on any of
the offences under Schedule-1 and Schedule-2, without filing a
charge sheet by the government attorney.
(6) Notwithstanding anything contained in sub-section (5),
the following person may make a separate complaint for the
reparation of any injury resulted from any offence:
(a) A person who has suffered injury from the offence,
(b) In the case of any matter requiring compliant by a
public servant who is deputed elsewhere or abroad in
the course of his or her employment, any of his or her
immediate successors,
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(c) In relation to any act or thing required to be done or
preserved by any person by virtue of any post, office or
any other capacity, the person holding such post, office
or capacity,
(d) In relation to any matter in which a person with
disability, child or person over seventy-five years of age
or person who is physically or mentally incompetent is
entitled to make complaint, his or her successor living
in the joint family and, failing such successor, any other
successor or guardian,
(e) In relation to any offence involving any body corporate,
the director, member, administrator or chief executive
officer who is authorized to act as the chief of such
body.