Section 53
Complaint May Be Made
(1) Except as otherwise provided in this
Act, the following person may file a complaint in relation to any
offence in the court:
(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,
(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,
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(d) In relation to any matter in which a person with speech
or visual impairment, 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.
(2) A complaint referred to in sub-section (1) shall state the
following matters and be in the form referred to in Schedule-21:
(a) The name, surname, address (including the street),
description, age, occupation or business of the accused,
the name of his or her father, mother, husband or wife,
(b) The citizenship, passport, driving license of the accused
or his or her other descriptions that could enable to find
him or her easily,
(c) The Village Body or Municipality where the accused is
residing or staying, ward number, village, street, block
number, if available, and other descriptions of the
accused to the extent of availability,
(d) If the accused is staying in a rented house, the name,
surname and address of the house owner, to the extent
of availability,
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(e) If the accused has no permanent abode, the name,
surname and address of the owner of house where the
accused is staying,
(f) The particulars related to the offence,
(g) Where the offender has committed more than one
offence at the same time, each count of charge made
against him or her, and evidence related thereto,
(h) The relevant law to be applied, and the reason for the
same,
(i) The sentence demanded to be imposed on the accused,
and the ground for the same,
(j) The injury caused from the offence, and if
compensation has to be recovered from the accused, the
amount of such compensation and the ground for the
same,
(k) Other necessary matters.
(3) Any complaint referred to in sub-section (1) shall be
accompanied by such number of copies of the complaint as that of
the accused and one copy each of the documentary evidences
intended to be produced by the complainant.
Provided that it is not required to submit copies of the
complaint and documentary evidences in a case in which the
Government of Nepal is plaintiff.
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