Section 38
Custody Of Exhibits, Evidence And Accused
(1) In submitting a
case-file, along with the investigation report, to the government
attorney for prosecution, the investigating authority shall have the
custody of the exhibits, evidence connected with the offence and the
accused and shall, if the concerned government attorney so orders,
produce the same before the concerned court at the same time.
(2) Except as provided in sub-section (1), the concerned
police office shall, consequent upon the filing of a case in the court
pursuant to this Chapter, produce before the concerned government
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attorney office the additional proof, evidence, object, document or
exhibit, if any, discovered in connection with the case, and such
government attorney office shall, upon making necessary
examination, submit such document, exhibit or evidence to the court.
case-file, along with the investigation report, to the government
attorney for prosecution, the investigating authority shall have the
custody of the exhibits, evidence connected with the offence and the
accused and shall, if the concerned government attorney so orders,
produce the same before the concerned court at the same time.
(2) Except as provided in sub-section (1), the concerned
police office shall, consequent upon the filing of a case in the court
pursuant to this Chapter, produce before the concerned government
53
attorney office the additional proof, evidence, object, document or
exhibit, if any, discovered in connection with the case, and such
government attorney office shall, upon making necessary
examination, submit such document, exhibit or evidence to the court.
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