Section 15
Request To Be Made To Foreign State For Obtaining Mutual Legal Assistance
(1) If the Central Authority receives a request for mutual legal assistance under Sections 7, 8, 9, 10, 11, 12 or 13, it must request, through the diplomatic channel, the foreign state for the provision of such mutual
legal assistance.
(2) In making a request in accordance with sub-section (1), the Central Authority must set out the following description, in addition to the documents mentioned in Section 14:
(a) the name of requesting authority or Court,
(b) if a certain process has to be adopted in executing the request in the foreign state and in providing
information or object as per the request, description of that process,
(c) if confidentiality of request is intended, the reasons and grounds for that,
(d) if the request is for facilitating the attendance of a person, arrangement for security of that person and
other facilities including accommodations of that person,
(e) if the request is made under any treaty and a separate process is to be adopted in making such request under
the treaty, description of that process,
(f) such other description as specified by the Government of Nepal by notification in the Nepal Gazette.
(3) In making a request pursuant to sub-section (2), the following documents must be attached:
(a) if a request is for arranging the attendance of a person, undertaking that the person shall not be detained,
prosecuted or punished for any offence against law that was committed prior to the request for the
attendance of that person, and that such person shall be returned to the concerned country,
(b) undertaking that the person shall not be compelled to give evidence or assistance in relation to any matter
other than the matter to which the request relates,
(c) undertaking that the person shall not be subjected to any legal act or punishment in relation to the judicial
proceedings except for making false statement or contempt of court,
(d) if a request is made for search, undertaking that the objects searched and seized shall be retained safely
and be returned after such purpose is served,
(e) if a request is made for any document, object or information, undertaking that it shall not be published
without consent of the concerned country,
(f) such other documents as specified by the Government of Nepal by notification in the Nepal Gazette.
(4) If, in making a request for mutual legal assistance under this Section, any treaty has not been concluded with a country for that purpose and any undertaking has to be made that if such country makes a request
for mutual legal assistance of similar nature in the future, the mutual legal assistance as requested shall be provided on the basis of reciprocity, the Central Authority may make such undertaking through the diplomatic
channel.
legal assistance.
(2) In making a request in accordance with sub-section (1), the Central Authority must set out the following description, in addition to the documents mentioned in Section 14:
(a) the name of requesting authority or Court,
(b) if a certain process has to be adopted in executing the request in the foreign state and in providing
information or object as per the request, description of that process,
(c) if confidentiality of request is intended, the reasons and grounds for that,
(d) if the request is for facilitating the attendance of a person, arrangement for security of that person and
other facilities including accommodations of that person,
(e) if the request is made under any treaty and a separate process is to be adopted in making such request under
the treaty, description of that process,
(f) such other description as specified by the Government of Nepal by notification in the Nepal Gazette.
(3) In making a request pursuant to sub-section (2), the following documents must be attached:
(a) if a request is for arranging the attendance of a person, undertaking that the person shall not be detained,
prosecuted or punished for any offence against law that was committed prior to the request for the
attendance of that person, and that such person shall be returned to the concerned country,
(b) undertaking that the person shall not be compelled to give evidence or assistance in relation to any matter
other than the matter to which the request relates,
(c) undertaking that the person shall not be subjected to any legal act or punishment in relation to the judicial
proceedings except for making false statement or contempt of court,
(d) if a request is made for search, undertaking that the objects searched and seized shall be retained safely
and be returned after such purpose is served,
(e) if a request is made for any document, object or information, undertaking that it shall not be published
without consent of the concerned country,
(f) such other documents as specified by the Government of Nepal by notification in the Nepal Gazette.
(4) If, in making a request for mutual legal assistance under this Section, any treaty has not been concluded with a country for that purpose and any undertaking has to be made that if such country makes a request
for mutual legal assistance of similar nature in the future, the mutual legal assistance as requested shall be provided on the basis of reciprocity, the Central Authority may make such undertaking through the diplomatic
channel.