Section 112
Summons Or Warrant For Arrest May Be Issued To Witness Ought To Be Examined
(1) A party to the case may make a petition,
accompanied by the reasons for the same, that a summons be issued
to enforce the attendance of any witness who is related with criminal
case in which the Government of Nepal is plaintiff but who does not
appear on the day appointed by the court for appearance for the
examination of evidence and the examination of such witness is
expedient in view of the gravity of the offence or the production of
any document or exhibit by such witness.
(2) If a petition referred to in sub-section (1) is made and
the court considers such petition to be reasonable and perceives that
the examination of such evidence is necessary, the court may
summon such witness to appear before the court within a maximum
period of fifteen days and examine him or her.
(3) If a summons is issued pursuant to sub-section (2), such
witness shall appear within the specified time-limit, except for a
reasonable reason.
(4) If a witness fails to appear within the time-limit
specified pursuant to sub-section (3), the court may impose a fine not
exceeding two thousand rupees on such witness, issue a warrant for
arrest and take deposition of such witness when he or she is so
arrested and brought before it.
(5) If any witness is not found or cannot be arrested even
upon the issuance of a warrant for arrest pursuant to sub-section (4),
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the court shall pass judgment in the case, awarding a sentence of
imprisonment for a term not exceeding forty-five days, based on the
evidence examined, subject to the enforcement of the sentence as and
when such witness is arrested or found.
(6) A summons or warrant for arrest issued pursuant to this
Section shall be served pursuant to Chapter -6.