National Criminal Procedure (Code) Act, 2017
Section 166
Recovery Of Amount Under Judgment From Bail/bond
(1)
Notwithstanding anything contained elsewhere in this Chapter, if any
offender has furnished any amount as a bail/bond pursuant to this
Act, the fine, claimed amount, compensation or other amount
payable by him or her by virtue of the judgment shall be recovered or
caused to be recovered from that amount of bail/bond to the extent it
is covered by such amount of bail/bond.
(2) In making recovery pursuant to sub-section (1), it shall
be made in order of the following priority:
(a) Fine,
(b) Claimed amount,
(c) Compensation,
(d) Any other amount, if any.
(3) If the full recovery of the claimed amount,
compensation or other amount cannot be made, or caused to be
made, from the amount referred to in sub-section (1), only the
remainder of the recoverable amount shall be recovered, or caused to
be recovered, upon taking action pursuant to this Chapter.
(4) Notwithstanding anything contained elsewhere in this
Chapter, except where any offender pays immediately the fine,
claimed amount, compensation or other amount required to be paid
by him or her pursuant to the judgment or its recovery can be made
pursuant to sub-section (1), the fine, compensation or other amount
shall be recovered by auctioning the property, if any, furnished as
security/guarantee by him or her or by any other person on his or her
behalf in accordance with this Act.
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(5) Notwithstanding anything contained elsewhere in this
Section, if any other person has provided his or her property as a
bail/bond or guarantee in favour of any offender, before auctioning
the property of such other person, the court shall give a notice to him
or her to pay the fine, claimed amount, compensation or other
amount payable pursuant to the judgment within forty-five days, and
if such person pays such amount within the said time, the property up
to the limit of his or her bail/bond or guarantee shall be released.
(6) In the case of the remainder of the amount which cannot
be recovered from the property referred to in sub-section (3), it shall
be recovered by auctioning the offender’s other property; and while
so making recovery, recovery shall be made in priority referred to in
sub-section (2).
(7) If the offender's partition share has not been set aside
for the purpose of making auction pursuant to sub-section (6),
auction shall be made by setting aside his or her partition share in
accordance with law.
National Criminal Procedure (Code) Act, 2017
Chapter - 2
Section 4: First Information Report Or Information On Commission Of Offence To Be GivenSection 5: Complaint Against Refusal To Register First Information Report Or InformationSection 6: Arrangements To Be Made To Prevent Evidence From Being Concealed Or Destructed And Prevent Offender From EscapingSection 7: Information To Be Given To Concerned Police OfficeSection 8: Collection Of Proof And Evidence Upon Making InvestigationSection 9: Power To Arrest Person Related To OffenceSection 10: Preliminary Investigation Report To Be ForwardedSection 11: Power To Abate Deceptive, False Or Fabricated InformationSection 12: Power To Form Special Team To Conduct InvestigationSection 13: To Hold In DetentionSection 14: Period During Which One May Be Held In Detention For Investigation, And Procedures Relating TheretoSection 15: Power Of Investigating Authority To Release Person Held In DetentionSection 16: Deposition And InterrogationSection 17: To Answer Question AskedSection 18: Power To Make SearchSection 19: Requirement Of Presence In Executing DeedsSection 20: Examination Of Corpse To Be MadeSection 21: Examination Of Physical Evidence To Be MadeSection 22: Examination Of InjurySection 23: Expert Opinion May Be ObtainedSection 24: Identification To Be MadeSection 25: Police Diary To Be MaintainedSection 26: Advice, Opinion May Be Sought In Relation To InvestigationSection 27: Power Of The Attorney General To Give Direction In The Course Of InvestigationSection 28: Records Of First Information Reports To Be MaintainedSection 29: Power To Forward The Matter To The Concerned BodySection 30: Investigation Into Offence Committed Outside NepalSection 31: Investigation Report To Be Sent
Chapter - 7
Section 67: To Hold The Accused In DetentionSection 68: Bail /bond, Guarantee Or Bank Guarantee To Be Taken From The AccusedSection 69: To Remand On RecognizanceSection 70: Additional Bail/bond, Guarantee Or Bank Guarantee May Be DemandedSection 71: Power To Remand In Detention Or On Guarantee At Any Stage Of ProceedingsSection 72: Grounds For Fixation Of Amount Of Bail/bond, Guarantee Or Bank GuaranteeSection 73: Petition May Be Made To Appeal Hearing CourtSection 74: Deed To Be Executed While Taking Bail/bond, Guarantee Or Bank GuaranteeSection 75: Forfeiture Of Bail/bondSection 76: Amount Of Bail/bond May Be Returned And Guarantee ReleasedSection 77: To Release From Detention Where Case Not Adjudged Within Specified PeriodSection 78: Maximum Allowable Period Of DetentionSection 79: Memorandum Of Order To Be ExecutedSection 80: Warrant For Detention To Be Given
Chapter - 11
Section 99: Evidence To Be ProducedSection 100: Originals To Be ReturnedSection 101: Party To Cause Attendance Of WitnessSection 102: Examination Of Expert WitnessSection 103: Cross Examination Of The Co-accusedSection 104: Provisions Relating To Documentary EvidenceSection 105: Document Named As Forged Or Fraud To Be Kept In The Case-fileSection 106: Witness To Be Examined On Fixed DaySection 107: Power To Examine Witness On CommissionSection 108: Deposition To Be Taken Before BenchSection 109: Witness May Be Examined Through Video ConferenceSection 110: Demeanor, Appearance EtcSection 111: Witness Once Examined Not To Be Re-examinedSection 112: Summons Or Warrant For Arrest May Be Issued To Witness Ought To Be ExaminedSection 113: Daily And Travel Allowance And Security To Be Provided To WitnessSection 114: To Protect Witness Or VictimSection 115: Witness Or Evidence May Be Examined Even Outside The State Of Nepal
Chapter - 14
Section 134: Appeal To LieSection 135: Filing Of Appeal Through Judgment Making Court Or Prison Where One Is ImprisonedSection 136: Procedures To Be Fulfilled In Making AppealSection 137: To Remain In Imprisonment While Making AppealSection 138: Calling For Case FileSection 139: Appointment Of Date For Appearance For Hearing AppealSection 140: Hearing Of AppealSection 141: Appeal Liable To Be Heard Ex Parte In Absence Of RespondentSection 142: Not Required To Be On RecognizanceSection 143: Service Of Notice Or Order On Appellant Or Respondent As If It Were A SummonsSection 144: Powers Of Appeal Hearing CourtSection 145: Reference For SanctionSection 146: Appeal Against Reference JudgmentSection 147: Not To Pass Reference Judgment Until Expiration Of Time-limit For AppealSection 148: Procedures For Making Reference For SanctionSection 149: Powers Of Court In Dealing With Reference For SanctionSection 150: Appeal And Reference Judgment
Chapter - 15
Section 151: To Establish Record Of SentenceSection 152: Bodies For Judgment ExecutionSection 153: Postponement Of Execution Of JudgmentsSection 154: Confinement In PrisonSection 155: Payment Of Money In Lieu Of ImprisonmentSection 156: Property To Be AttachedSection 157: Property May Be AuctionedSection 158: Remission Of Sentence In The Event Of Death Of The Person SentencedSection 159: Pardon Many Be MadeSection 160: Records To Be VoidedSection 161: Period Of Detention Undergone To Be Set Off Against Sentence Of ImprisonmentSection 162: Execution Of Sentence Of FineSection 163: Provisions Relating To Government Claimed Amount Or Other AmountSection 164: Imprisonment For Government Claimed AmountSection 165: Procedures For Recovering Personal Claimed Amount Or CompensationSection 166: Recovery Of Amount Under Judgment From Bail/bondSection 167: Procedures For Attachment, Forfeiture Or Control Of PropertySection 168: To Appoint Date For Appearance For Recovery Of Claimed Amount, Compensation Or Other Amount
Chapter - 16
Section 169: Cases To Be Tried By District CourtSection 170: Priority Order For Trying CasesSection 171: Index Of DocumentsSection 172: Disposal Of DocumentsSection 173: Document To Be TranslatedSection 174: Assistance Of Interpreter May Be TakenSection 175: Copies To Be ProvidedSection 176: Not To Try Case Involving Conflict Of InterestSection 177: Acts To Be Done By Judge Himself Or HerselfSection 178: Procedure To Be Followed For Releasing Detainee Or PrisonerSection 179: To Give Notice On Release Of Property Subject To AttachmentSection 180: Pleading And Appeal To Be Made By Government AttorneySection 181: Power Of Government Attorney To Make ComplaintSection 182: To Register Document Tendered For Registration In CourtSection 183: Identity Of Victim Or Witness May Be Kept SecretSection 184: Deposition, Document Or Deed Made Or Executed Before Investigating Authority May Be Recorded In Audio-visual MeansSection 185: Performance Of Activities By Higher Level EmployeeSection 186: Receipt To Be Taken Or GivenSection 187: To Make Assistance In Witnessing And Giving Signature Or Thumb ImpressionSection 188: Action Not To Be InstitutedSection 189: Provision Of Investigating CommitteeSection 190: Power To Grant Permission To Take Over CaseSection 191: Mutual Legal Assistance May Be EffectedSection 192: Documents May Be Exchanged Through Electronic MeansSection 193: Not To Be Affected By Printing Or Mathematical ErrorSection 194: Coordination CommitteeSection 195: Departmental Action To Be TakenSection 196: Power To Frame RulesSection 197: Power To Frame DirectivesSection 198: Power To Make Alteration In Schedules