(1) Notwithstanding anything contained elsewhere in this Act, where a person has sustained damage or died in the following circumstance, the person who has so sustained damage or died or his or her family member shall not be deemed to be a victim for the purposes of this Act:
(a) While doing any act in the course of saving the body, life, property or chastity of his or her own or anyone else under the private defense pursuant to the prevailing law,
(b) While doing any act by a security employee who has been deputed or deployed by the order of the competent authority in the course of performing his or her duties pursuant to the prevailing law,
(c) While doing any act by the investigating authority having authority to investigate pursuant to the prevailing law, in the course of making investigation, subject to his or her jurisdiction,
(d) Any act done in a situation where the criminal liability need be borne pursuant to the prevailing law,
Provided that even if the criminal liability of the perpetrator need not be borne as a result of the perpetrator’s age, mental unsoundness, diplomatic immunity or immunity enjoyable on the basis of position, it shall be deemed, for the purposes of this Act, that such a person has committed the offence, and the concerned person shall be deemed to be a victim due to the offence.
(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall prevent the Government of Nepal from providing relief to a person who has sustained damage or died due to the circumstance set forth in that sub-section.