(1) If there is
a legal provision that a case can be instituted in a court of Nepal in
relation to an offence that was committed or took place outside
Nepal, investigation conducted into such offence by fulfilling the
following procedures shall, notwithstanding anything contained
elsewhere in this Act, be deemed to have been duly conducted under
this Act:
(a) Any investigation conducted in accordance with the
provisions of the treaty, if any, concluded with any
country providing that investigation into any criminal
offence, in respect of which a case may be instituted in a
court of Nepal, can be conducted by the competent
authorities of each other country,
(b) Failing a treaty referred to in clause (a), any
investigation conducted by the investigating authority
designated in that behalf by the Government of Nepal,
by obtaining, through diplomatic channel, consent of,
and in cooperation with, the competent authority of the
country where the offence was committed,
(c) In cases where any investigation cannot be conducted
pursuant to clause (a) or (b), investigation conducted by
the competent investigating officer of the country where
the offence was committed,
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(d) In cases where even the circumstance referred to in
clause (c) does not exist, investigation conducted by the
investigating authority of the area where the accused
was apprehended or of the area of his or her permanent
abode if the accused is not apprehended.
(2) If the report of or documents related to the investigation
conducted pursuant to sub-section (1) has been executed in any
language other than the Nepali language, authentic Nepali translation
of such documents shall be submitted to the court.
(3) If it appears from the investigation conducted pursuant
to sub-section (1) that a case has to be filed against any person, the
concerned government attorney shall frame a charge sheet and file
the case in the court in accordance with this Chapter.