(1) If any court needs to examine any witness or evidence
that is outside the State of Nepal or issue a commission to that effect
in relation to any case pending before it, the examination of such
witness or evidence or the issuance of such commission may be
effected in accordance with the law in force on mutual legal
assistance.
(2) The form of commission to be used pursuant to subsection
(1) shall be as set forth in Schedule-41.
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(3) The witness or evidence examined pursuant to subsection
(1) shall be deemed to have been examined in accordance
with this Act.
Provided that details of the witness or evidence so examined
shall be certified in accordance with the law of the concerned
country.
(4) If the examination of a witness or evidence required to
be examined or has been examined pursuant to this Section in a
language other than the Nepali language, an authentic translation of
the record of such examination or evidence into the Nepali language
shall be submitted to the court.
(5) If it is necessary to examine any witness from outside
the State of Nepal or make his or her deposition in the course of
investigation or trial of any case, such deposition may be conducted
by means of video conference or other similar technology as
prescribed for that purpose.
(6) Arrangement shall be made for keeping records of the
deposition made by the witness in the course of witness testimony or
deposition conducted in accordance with sub-section (5).
(7) Notwithstanding anything contained elsewhere in this
Chapter, nothing shall be deemed to prevent the trying and settling of
a case by the reason only that evidence cannot be examined pursuant
to this Section.
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