(1) The court shall issue a warrant
for arrest in triplicate, and the warrant for arrest shall, if practicable,
be served personally on the person warranted.
(2) The person warranted shall acknowledge the warrant for
arrest issued pursuant to sub-section (1)
(3) If the person warranted cannot be found to serve the
warrant for warrant being served pursuant to sub-section (1), the
warrant may be delivered to any of his or her joint family members
who has completed at least eighteen years of age.
(4) If the concerned person or any joint family member is
not found pursuant to sub-section (3) or, despite being found, such
person or family member refuses to acknowledge the warrant, the
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serving employee shall affix one of the duplicates of the warrant to
the house-door of that person in the presence of a member of the
concerned ward of the Local Level and of at least two local persons,
who as well as the serving employee shall affix signature or thumb
impression thereon, and deliver one copy thereof to the concerned
ward office of the Local Level and submit one copy of the served
warrant for arrest to the court.
(5) The concerned ward committee of the Local Level shall
affix to its notice board a notice corresponding to the warrant for
arrest received pursuant to sub-section (4).
(6) If at least two local persons and at least one member of
the concerned ward committee of the Local Level certify that the
person to be arrested pursuant to the warrant for arrest issued under
sub-section (5) does not reside in the place specified in the warrant,
the warrant for arrest shall be returned to the court, indicating the
address of his or her residence, if any, discovered, and indicating the
matter to that effect if such address cannot be discovered.
(7) If a warrant for arrest is returned pursuant to sub-section
(6), the court may direct the warrant for arrest to the place of his or
her residence and, as required, issue another warrant for arrest setting
out the address, as required, in consultation also with the plaintiff.
(8) In serving a warrant for arrest pursuant to this Section,
the serving employee shall submit to the court a report containing the
date and details of the service.
(9) If any court is required to serve a warrant for arrest on a
person who is residing in any area outside its jurisdiction, the court
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shall send the warrant for arrest to the court of that area and cause it
to be served through that court, and that court shall cause the warrant
for arrest to be served in accordance with this Chapter and return a
copy thereof to the court issuing it.
(10) If an employee making a report referred to in subsection
(8) makes a report setting out the reason for not being able to
effect the service of a warrant for arrest in pursuance of the
procedures set forth in this Section, the warrant for arrest issued to
the concerned person may, notwithstanding anything contained
elsewhere in this Section, be served by publishing the warrant in a
national daily newspaper owned by the Government of Nepal, and
the warrant for arrest so served shall be deemed to have been duly
served.
(11) In serving a warrant for arrest, the notice sent to the
accused person pursuant to sub-section (7) of Section 57 shall also be
delivered or, depending on the situation, affixed to the house-door of
him or her, together with the warrant for arrest.