Article 158
Functions, Duties And Powers Of Attorney General

(1) The Attorney General
shall be the chief legal advisor to the Government of Nepal. It shall be the duty of
the Attorney General to give opinions and advices on constitutional and legal
matters to the Government of Nepal and such other authorities as the Government
of Nepal may specify.
(2) The Attorney General or government attorneys subordinate to him or
her shall represent the Government of Nepal in lawsuits wherein the rights,
interests or concerns of the Government of Nepal are involved. Except as provided
otherwise in this Constitution, the Attorney General shall have the right to make a
final decision as to whether to institute any case on behalf of the Government of
Nepal in any court, judicial body or authority.
(3) Opinion of the Attorney General must be obtained for withdrawing a
case filed on behalf of the Government of Nepal.
(4) The Attorney General may, upon invitation by the Federal
Parliament or any of its committees, to appear and express his or her opinion on
any legal question in such a meeting.
(5) In the course of discharging the duties of his or her office, the
Attorney General shall have the right to appear in any Court, office and authority
of Nepal.
(6) The Attorney General shall, in the course of performing his or her
duties, have the power to carry out the following acts, in addition to that set forth
in clause (2):
(a) to defend, on behalf of the Government of Nepal, any lawsuit in
which the Government of Nepal is a plaintiff or a defendant,
(b) to monitor, or cause to be monitored, whether any interpretation
given to a law or any legal principle laid down by the Supreme Court
in the course of hearing of lawsuits has been implemented,
(c) if a complaint is made alleging that any person held in custody has
not been treated humanely subject to this Constitution or such person
has not been allowed to meet his or her relative or through his or her
legal practitioner or if information of such matter is received, to
inquire there into and give necessary directive to the concerned
authority to prevent such act.
(7) The Attorney General may so delegate his or her functions, duties
and powers under this Article to his or her subordinate government attorneys as to
be exercised and complied with subject to the specified conditions.
(8) In addition to the functions, duties and powers mentioned in this
Article, other functions, duties and powers of the Attorney General shall be
pursuant to this Constitution and the Federal law.