Section 64
Warrant For Arrest Or Summons May Be Issued To Or Served On Accused Residing In Foreign Country
ntry: (1) Notwithstanding anything
contained elsewhere in this Chapter, if a warrant for arrest is to be
issued to or a summons is to be served on a person who is accused of
an offence sub judice in any court and staying or residing in a foreign
country, the warrant for arrest or summons may be issued to or
served on such person in accordance with the law in force on mutual
legal assistance.
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(2) If the Government of Nepal receives information as to
the service of a warrant for arrest or summons issued pursuant to
sub-section (1), it shall give such information to the concerned court.
(3) If a warrant for arrest or summons issued pursuant to
sub-section (1) cannot be served, such warrant or summons may be
served by publishing it in such national daily newspaper as owned by
the Government of Nepal or broadcasting it through electronic
communication media.
(4) If a warrant for arrest is issued or summons served
pursuant to sub-section (1), such warrant or summons shall be
deemed to have been duly issued or served in accordance with this
Act.
(5) If a warrant for arrest is issued pursuant to sub-section
(1) and the police of the concerned country arrests and hands over
the accused to any police office, the accused shall be produced
before the concerned court as soon as possible but not later than
twenty-four hours, excluding the time required for journey.
(6) Notwithstanding anything contained elsewhere in this
Section, nothing shall prevent the institution of proceeding and
adjudication of a case by the reason only that the warrant for arrest or
summons could not be issued to or served on any person staying or
residing in a foreign country, in accordance with this Section.