(1)
No person shall be liable to sentence for making any allegation or
complaint in connection with any case under Schedule-1, Schedule-2
or Schedule-3.
(2) Notwithstanding anything contained in sub-section (1),
if, after the case has been instituted in the court consequent upon
investigation into the case based on the allegation or complaint made
by any person, standing as a witness and showing any matter,
evidence or proof to the belief of the Government of Nepal, police
employee or other authority, such matter, evidence or proof turns out
to be false or fabricated on the basis of a report, complaint or
deposition made by any person or the deposition of any witness or
informant or any other ground, the court may examine the evidence
from the same case-file and do the following:
(a) To sentence the witness who has made a false statement
or fabricated deposition to imprisonment for a term not
exceeding three months or a fine not exceeding five
thousand rupees or both the sentences,
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Provided that such sentence of fine or
imprisonment shall not exceed half the sentence that
may be imposed on the offender.
(b) In the event of the court being of the opinion that the
informant has made such false allegation or produced
false or fabricated evidence being guided by
premeditation or jealousy without the existence of any
reasonable ground for making the allegation, to cause a
reasonable compensation, in view of the nature and
circumstance of the case, to be paid by such witness to
the defendant to be acquitted, in relation to the same
case.
Provided that if such person furnishes a
reasonable reason for the report or witness made by him
or her to be prejudicial, no compensation shall be
awarded.
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