Section 14
Details To Be Set Out In Or Documents To Be Attached With Communication to Central Authority
(1) The concerned authority or Court shall set out the following information in a communication to be sent under Section 7,
8, 9, 10, 11, 12 or 13 for mutual legal assistance:
(a) the court requesting judicial proceedings, summary of judicial proceedings, and relevant laws,
(b) matter of mutual legal assistance being sought,
(c) in the case of judicial proceedings being of criminal nature, the maximum punishment that can be imposed
in that proceedings, and in the case of such proceeding being of civil nature, the maximum amount in
controversy as claimed,
(d) the location and nature of the document, evidence, information, object or property related with judicial
proceedings,
(e) if search has to be made, description of the object and full address of such place,
(f) in relation to a person capable of making assistance in the judicial proceedings, name, description and
nationality of that person, passport number or national identity number, if any, of that person, including other
necessary details indicating that person’s identity, and information, to the extent possible, about the place
where that person is currently residing,
(g) statement substantiating that the requested document, evidence, information, object or person has material
relation with judicial proceedings,
(h) where the originals of the concerned evidence, document are necessary, justifications for the same,
and if they are to be returned, assaurance to return them,
(i) concerned authority of the foreign country to whom request for mutual legal assistance is addressed,
(j) period within which mutual legal assistance should be provided,
(k) if the request is for the search or seizure of any object, grounds showing the commission of offence in Nepal
by the person who has ownership in such object or increment of property from such offence,
(l) if the request is for the service of a process or judicial document,
(1) full name of the person whom such process or judicial document has to be served on,
(2) country where the person mentioned in clause (1) is residing or staying, passport or national
identity card number, if any, of that person, other necessary details indicating that person’s
identity including description and nationality, and information, to the extent possible, about
the place where that person is currently residing,
(3) if the process or judicial document cannot be served at the address of the person mentioned in
clause (2), country and address of the enterprise where he or she is working or running business.
(m) if the request is for the taking of evidence,-
(1) if the court or body that is requested to take evidence is identified, details of that court or
body,
(2) details of the taking of evidence or other judicial act to be done,
(3) if any witnesss has to be examined, name, surname and address of such witness, and
details of passport or national identity card indicating his or her identity,
(4) if a witness has to be examined by a letter interrogatory, description of the questions to be
asked to the witness,
(5) indication as to whether a witness should be examined under oath or not,
(6) if inspection, measurement, survey or examination of any document, movable or
immovable property should be made, description thereof.
(n) if the request is for the freezing or confiscation of a property,
(1) description as to whether judicial proceedings in the matter related with the property is at the
stage of being filed or has been filed or decision has not been made,
(2) description showing that the confiscation of the property has a material relation with judicial
proceedings,
(3) description that an order of confiscation has been made and such order has become
unappealable,
(4) description that the amount payable under the order of confiscation remains due,
(5) if the person affected by the order of confiscation has not appeared in the court,
description that such person has been served with a notice with adequate time for his or her
defence,
(o) other necessary description.
(2) A request for seeking description under sub-section (1) must be accompanied by the following documents:
(a) if the request is for facilitating the attendance of a person, identifying the location of a person or for
indentifying the person, his or her photograph to the extent possible,
(b) evidence that the person whose attendence is sought has freely expressed willingness to so attend,
(c) order made by the Court in that respect,
(d) if a process or judicial document is to be served, two attested copies of the process or judicial document,
(e) if a request is for the enforcement of a judgment- (1) a certified original copy of the judgment of the
Court,
(2) evidence showing that the judgment has become incapable of being appealed.
8, 9, 10, 11, 12 or 13 for mutual legal assistance:
(a) the court requesting judicial proceedings, summary of judicial proceedings, and relevant laws,
(b) matter of mutual legal assistance being sought,
(c) in the case of judicial proceedings being of criminal nature, the maximum punishment that can be imposed
in that proceedings, and in the case of such proceeding being of civil nature, the maximum amount in
controversy as claimed,
(d) the location and nature of the document, evidence, information, object or property related with judicial
proceedings,
(e) if search has to be made, description of the object and full address of such place,
(f) in relation to a person capable of making assistance in the judicial proceedings, name, description and
nationality of that person, passport number or national identity number, if any, of that person, including other
necessary details indicating that person’s identity, and information, to the extent possible, about the place
where that person is currently residing,
(g) statement substantiating that the requested document, evidence, information, object or person has material
relation with judicial proceedings,
(h) where the originals of the concerned evidence, document are necessary, justifications for the same,
and if they are to be returned, assaurance to return them,
(i) concerned authority of the foreign country to whom request for mutual legal assistance is addressed,
(j) period within which mutual legal assistance should be provided,
(k) if the request is for the search or seizure of any object, grounds showing the commission of offence in Nepal
by the person who has ownership in such object or increment of property from such offence,
(l) if the request is for the service of a process or judicial document,
(1) full name of the person whom such process or judicial document has to be served on,
(2) country where the person mentioned in clause (1) is residing or staying, passport or national
identity card number, if any, of that person, other necessary details indicating that person’s
identity including description and nationality, and information, to the extent possible, about
the place where that person is currently residing,
(3) if the process or judicial document cannot be served at the address of the person mentioned in
clause (2), country and address of the enterprise where he or she is working or running business.
(m) if the request is for the taking of evidence,-
(1) if the court or body that is requested to take evidence is identified, details of that court or
body,
(2) details of the taking of evidence or other judicial act to be done,
(3) if any witnesss has to be examined, name, surname and address of such witness, and
details of passport or national identity card indicating his or her identity,
(4) if a witness has to be examined by a letter interrogatory, description of the questions to be
asked to the witness,
(5) indication as to whether a witness should be examined under oath or not,
(6) if inspection, measurement, survey or examination of any document, movable or
immovable property should be made, description thereof.
(n) if the request is for the freezing or confiscation of a property,
(1) description as to whether judicial proceedings in the matter related with the property is at the
stage of being filed or has been filed or decision has not been made,
(2) description showing that the confiscation of the property has a material relation with judicial
proceedings,
(3) description that an order of confiscation has been made and such order has become
unappealable,
(4) description that the amount payable under the order of confiscation remains due,
(5) if the person affected by the order of confiscation has not appeared in the court,
description that such person has been served with a notice with adequate time for his or her
defence,
(o) other necessary description.
(2) A request for seeking description under sub-section (1) must be accompanied by the following documents:
(a) if the request is for facilitating the attendance of a person, identifying the location of a person or for
indentifying the person, his or her photograph to the extent possible,
(b) evidence that the person whose attendence is sought has freely expressed willingness to so attend,
(c) order made by the Court in that respect,
(d) if a process or judicial document is to be served, two attested copies of the process or judicial document,
(e) if a request is for the enforcement of a judgment- (1) a certified original copy of the judgment of the
Court,
(2) evidence showing that the judgment has become incapable of being appealed.