Section 67
To Hold The Accused In Detention
(1) If, based on the evidence
available for the time being, any person accused of the following
offence appears to be guilty of the offence or there is any reasonable
ground, based on such evidence, to believe that such person is guilty
of the offence, the court may remand such person in detention for
trial, recording the reason for such detention:
(a) Any offence punishable by the sentence of
imprisonment for life,
(b) Any offence under Schedule-1 or Schedule-2
which is punishable by a sentence of
imprisonment for a term exceeding three years, or
(c) An offence of attempt to, abetment of, or criminal
conspiracy to, or being accomplice to, the offence
set forth in clause (a) or (b).
(2) Notwithstanding anything contained in sub-section (1),
the court may, in any of the following circumstances, remand such
accused in detention for trial as may be punishable by a sentence of
imprisonment in accordance with law:
(a) If the accused pleads guilt of the charge made
against him or her before the court,
(b) If the accused charged with an offence punishable
by a sentence of imprisonment for a term of one
year or more has no permanent abode in Nepal
and there is a possibility that the accused might
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abscond and might not be apprehended
subsequently if he or she is not remanded in
detention,
(c) If the accused, being default in making
appearance within the time-limit in pursuance of
the warrant for arrest issued pursuant to subsection
(1) of Section 58, has been arrested and
produced accordingly, and fails to show any
satisfactory reason for being unable to appear in
the court,
(d) If the accused was convicted of an offence and
sentenced to imprisonment within the period of
three years immediately before this instant charge
against him or her.
(3) Notwithstanding anything contained in sub-section (1)
or (2), the court may, in relation to an offence other than that
punishable by a sentence of imprisonment for a term exceeding ten
years, remand on bail/bond or guarantee any accused who is a child
or infirm due to physical or mental disease or woman with pregnancy
of more than seven months or the aged above seventy-five years of
age.
available for the time being, any person accused of the following
offence appears to be guilty of the offence or there is any reasonable
ground, based on such evidence, to believe that such person is guilty
of the offence, the court may remand such person in detention for
trial, recording the reason for such detention:
(a) Any offence punishable by the sentence of
imprisonment for life,
(b) Any offence under Schedule-1 or Schedule-2
which is punishable by a sentence of
imprisonment for a term exceeding three years, or
(c) An offence of attempt to, abetment of, or criminal
conspiracy to, or being accomplice to, the offence
set forth in clause (a) or (b).
(2) Notwithstanding anything contained in sub-section (1),
the court may, in any of the following circumstances, remand such
accused in detention for trial as may be punishable by a sentence of
imprisonment in accordance with law:
(a) If the accused pleads guilt of the charge made
against him or her before the court,
(b) If the accused charged with an offence punishable
by a sentence of imprisonment for a term of one
year or more has no permanent abode in Nepal
and there is a possibility that the accused might
89
abscond and might not be apprehended
subsequently if he or she is not remanded in
detention,
(c) If the accused, being default in making
appearance within the time-limit in pursuance of
the warrant for arrest issued pursuant to subsection
(1) of Section 58, has been arrested and
produced accordingly, and fails to show any
satisfactory reason for being unable to appear in
the court,
(d) If the accused was convicted of an offence and
sentenced to imprisonment within the period of
three years immediately before this instant charge
against him or her.
(3) Notwithstanding anything contained in sub-section (1)
or (2), the court may, in relation to an offence other than that
punishable by a sentence of imprisonment for a term exceeding ten
years, remand on bail/bond or guarantee any accused who is a child
or infirm due to physical or mental disease or woman with pregnancy
of more than seven months or the aged above seventy-five years of
age.