Section 23
Investigation And Filing Of Case
(1) The officer designated by the Commission by a notification in the Nepal Gazette shall investigate and inquire into the offenses punishable under Section 21.
(2) In the course of the enquiry into and investigation of a case pursuant to Sub-section (1), the investigating officer may order the concerned police office to arrest the person who, based on sufficient proofs and evidence, is suspected of being involved in the offense, in accordance with the laws in force.
(3) Where investigation and inquiry cannot be completed within twenty four hours in relation to a person arrested pursuant to sub-section (2) and there are
sufficient grounds for keeping on investigation and inquiry by holding such person in detention, the investigating officer shall produce such person before the Court
and detain such person for investigation only with the permission of the Court.
(4) Where a permission for detention is requested pursuant to Sub-section (3), the Court shall consider whether or not the inquiry as well as investigation has
been carried out satisfactorily and the reasons for holding the person in custody; and where it appears that inquiry as well as investigation is being carried out
satisfactorily and there are sufficient ground for holding such person in detention, the Court may give permission for holding the person in detention for a maximum
period of fifteen days at one time or at several times.
(5) It shall be the duty of the concerned police office to carry out the order issued by the investigating officer pursuant to this Section. If the order so issued
is not carried out, the investigating officer shall write to the Commission for departmental action against such police personnel.
(6) Where it appears to institute a case against any person pursuant to this Section, the investigating officer shall file a charge-sheet in the Court within sixty
days of the commission of the offence. Provided that where the defendant is in detention and it appears that case is to be instituted, the officer shall file a charge-sheet within a maximum period of fifteen days.
(7) After the completion of enquiry and investigation process, the investigating officer shall, well in advance of the expiration of the time-limit set for the filing of charge-sheet in the Court, submit the case-file, accompanied by his or her opinion and the evidence and proof, as well, to the concerned government attorney for decision whether or not the case can be instituted.
(8) Upon receipt of the case-file pursuant to Sub-section (7), the Government Attorney shall decide whether or not to institute the case and return
the received case-file well in advance of the expiration of the time-limit for filing the case where the case is to be instituted; and upon receipt of the decision of
the Government Attorney to institute the case, the investigating officer shall prepare a charge sheet and file it in the Court. (9) The Government Attorney shall defend the case filed by the investigating officer under this Act.
(2) In the course of the enquiry into and investigation of a case pursuant to Sub-section (1), the investigating officer may order the concerned police office to arrest the person who, based on sufficient proofs and evidence, is suspected of being involved in the offense, in accordance with the laws in force.
(3) Where investigation and inquiry cannot be completed within twenty four hours in relation to a person arrested pursuant to sub-section (2) and there are
sufficient grounds for keeping on investigation and inquiry by holding such person in detention, the investigating officer shall produce such person before the Court
and detain such person for investigation only with the permission of the Court.
(4) Where a permission for detention is requested pursuant to Sub-section (3), the Court shall consider whether or not the inquiry as well as investigation has
been carried out satisfactorily and the reasons for holding the person in custody; and where it appears that inquiry as well as investigation is being carried out
satisfactorily and there are sufficient ground for holding such person in detention, the Court may give permission for holding the person in detention for a maximum
period of fifteen days at one time or at several times.
(5) It shall be the duty of the concerned police office to carry out the order issued by the investigating officer pursuant to this Section. If the order so issued
is not carried out, the investigating officer shall write to the Commission for departmental action against such police personnel.
(6) Where it appears to institute a case against any person pursuant to this Section, the investigating officer shall file a charge-sheet in the Court within sixty
days of the commission of the offence. Provided that where the defendant is in detention and it appears that case is to be instituted, the officer shall file a charge-sheet within a maximum period of fifteen days.
(7) After the completion of enquiry and investigation process, the investigating officer shall, well in advance of the expiration of the time-limit set for the filing of charge-sheet in the Court, submit the case-file, accompanied by his or her opinion and the evidence and proof, as well, to the concerned government attorney for decision whether or not the case can be instituted.
(8) Upon receipt of the case-file pursuant to Sub-section (7), the Government Attorney shall decide whether or not to institute the case and return
the received case-file well in advance of the expiration of the time-limit for filing the case where the case is to be instituted; and upon receipt of the decision of
the Government Attorney to institute the case, the investigating officer shall prepare a charge sheet and file it in the Court. (9) The Government Attorney shall defend the case filed by the investigating officer under this Act.