Section 18
No Detention Or Imprisonment In Excess Of The Term
18 No detention or imprisonment in excess of the term :
(1) The Jailer shall release from detention or confinement the Detainee or 16 Amended by the Some Nepal Acts Amendment Act, 2048 (1992). Inserted by Sub-section (4) of Section 18 is inserted by the First Amendment.
Prisoner, who has been detained or imprisoned for any specified term, after the expiry of such term, and shall release the Detainee or Prisoner in respect of whom a release order issued by a competent authority under the Nepal Law has been received, no later than Twenty Four hours, pursuant to that order.
(2) If, in the case of a Detainee detained for trial, the term of his/her imprisonment is not specified or any order is not received to release him/her from detention even until Six months after his/her being detained in the Prison, the Jailer shall make a report, setting out all the matters related thereto, to the court empowered to hear an
appeal of the Court issuing the order to detain such Detainee, within Three days after the expiry of that period of Six months.
18 (3) If any order or judgment is made to release any Detainee or Prisoner, a notice thereof shall be sent to the concerned Prison as soon as possible.
19 (4) The Chief Judge or Judge of the Court of Appeal shall
inspect the Prisons within jurisdiction of the Court of Appeal at least
once a year; and if, on such inspection, any person is found
imprisoned in excess of the term of imprisonment as specified and
awarded to that person or detained for a period in excess of the period
during which that person can be detained pursuant to the prevailing
law, he/she may give an order to release such Detainee or Prisoner
immediately. It shall be the duty of the concerned Jailer to observe the
order, if any, so given. If the Chief Judge or Judge of Court of Appeal
gives an order to release any Detainee or Prisoner immediately and if
he/she finds, upon inspection of the Prison, any other matter not done
or taken pursuant to this Act, he/she shall forward a report, setting out
these matters, to the Supreme Court and the Government of Nepal,
Ministry of Home Affairs.
20 (5) If it appears that any Detainee or Prisoner has remained
in detention or imprisonment for a period of time in excess of that
specified by the prevailing law as a result of the recklessness of any
employee or that any other matter has not be done or taken pursuant to
this Act, such employee shall be subject to departmental action and
punished accordingly.
(1) The Jailer shall release from detention or confinement the Detainee or 16 Amended by the Some Nepal Acts Amendment Act, 2048 (1992). Inserted by Sub-section (4) of Section 18 is inserted by the First Amendment.
Prisoner, who has been detained or imprisoned for any specified term, after the expiry of such term, and shall release the Detainee or Prisoner in respect of whom a release order issued by a competent authority under the Nepal Law has been received, no later than Twenty Four hours, pursuant to that order.
(2) If, in the case of a Detainee detained for trial, the term of his/her imprisonment is not specified or any order is not received to release him/her from detention even until Six months after his/her being detained in the Prison, the Jailer shall make a report, setting out all the matters related thereto, to the court empowered to hear an
appeal of the Court issuing the order to detain such Detainee, within Three days after the expiry of that period of Six months.
18 (3) If any order or judgment is made to release any Detainee or Prisoner, a notice thereof shall be sent to the concerned Prison as soon as possible.
19 (4) The Chief Judge or Judge of the Court of Appeal shall
inspect the Prisons within jurisdiction of the Court of Appeal at least
once a year; and if, on such inspection, any person is found
imprisoned in excess of the term of imprisonment as specified and
awarded to that person or detained for a period in excess of the period
during which that person can be detained pursuant to the prevailing
law, he/she may give an order to release such Detainee or Prisoner
immediately. It shall be the duty of the concerned Jailer to observe the
order, if any, so given. If the Chief Judge or Judge of Court of Appeal
gives an order to release any Detainee or Prisoner immediately and if
he/she finds, upon inspection of the Prison, any other matter not done
or taken pursuant to this Act, he/she shall forward a report, setting out
these matters, to the Supreme Court and the Government of Nepal,
Ministry of Home Affairs.
20 (5) If it appears that any Detainee or Prisoner has remained
in detention or imprisonment for a period of time in excess of that
specified by the prevailing law as a result of the recklessness of any
employee or that any other matter has not be done or taken pursuant to
this Act, such employee shall be subject to departmental action and
punished accordingly.