(1) After a person
has been arrested under this Chapter for investigation into any
offence, the person shall be produced before the adjudicating
authority as soon as possible within twenty-four hours.
(2) No person shall be held in detention in contravention of
sub-section (1).
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(3) If it is necessary to hold any person in detention for a
period exceeding that set forth in sub-section (1), the investigating
authority shall make an application for remand, accompanied by the
reasons and grounds for such detention, to the adjudicating authority
through the government attorney office.
Explanation: For the purposes of this Section, the period
required for the journey from the place of arrest to the police office
or from the police office to the court for the purpose of producing the
person arrested before the adjudicating authority within twenty-four
hours shall not be counted.
(4) The application made by the investigating authority to
the adjudicating authority pursuant to sub-section (3) shall clearly
state the charge made against the detained person, grounds of such
charge, reason for detaining him or her for investigation and details
according to his or her deposition, if made.
(5) A person who is produced for a remand for detention
pursuant to sub-section (2) may, if he or she so wishes, make an
application to the adjudicating authority for the physical examination
of his or her body.
(6) If the investigating authority requests for a remand for
detention of a person pursuant to sub-section (3), the adjudicating
authority may remand such person in detention for a maximum
period of twenty-five days at one time or several times if, upon
studying the relevant documents and also upon hearing the pleadings
of the legal practitioner concerned, if considered necessary, the
adjudicating authority thinks that it is necessary to keep on detaining
such person for investigation.
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(7) Notwithstanding anything contained in sub-section (6),
both the investigating authority and the government attorney may
submit to the adjudicating authority a report, along with the reason,
that investigation into any offence related to assault on the President,
espionage, giving provocation to the desertion of a soldier, waging
war against the State of Nepal, assistance to the army of a state
involved in a war against Nepal, explosives, kidnapping or hostagetaking,
out of the offences under Schedule-1, cannot be completed
within the period given under sub-section (6).
(8) If a report referred to in sub-section (7) is submitted, the
adjudicating authority may, having regard to the status of
investigation, remand the accused person in detention for a
maximum of additional fifteen days at one time or several times.
Provided that no person accused of any offence may be held in
detention for a period exceeding the term of imprisonment that is
imposable on him or her if he or she is held guilty thereof.
(9) In issuing a remand order pursuant to sub-section (6) or
(8), the adjudicating authority shall execute a memorandum,
accompanied by the reasons therefor.
(10) Notwithstanding anything contained elsewhere in this
Section, if the investigating authority, in view of the nature of the
offence, thinks it reasonable to conduct investigation without holding
in detention a woman with pregnancy of more than seven months, a
child, and a person over 75 years of age, such authority may conduct
investigation by remanding such woman, child or person on
recognizance, and executing a memorandum to that effect,
accompanied by the reasons therefor.
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