दफा २६
Powers To Institute And Try Cases Under This Act
26. Powers to institute and try cases under this Act :
(1) Notwithstanding anything contained in the other prevailing Nepal Law, the powers to try and settle cases on the absconding (fleeing) of a Detainee or Prisoner or aiding such absconding or the case as referred to in Sub-section (1) of Section 22 shall vest in the District Court having territorial jurisdiction over the Prison where the
Detainee or Prisoner is in detention or imprisonment.
(2) The Jailer shall have powers to impose punishment after making a summary inquiry into the crimes as referred to in Sub- section (2) of Section 22; and no appeal shall be entertained against any order given by him/her under this Sub-section. Provided that, if the Jailer punishes any Detainee or Prisoner
under this Sub-section, information thereof shall be given to the concerned Chief District Officer 27 .
(3) Notwithstanding anything contained in the other prevailing Nepal Law, the concerned Chief District Officer 28 shall have the powers to try and settle cases on the offenses as referred to in Section.
(4) It shall be the duty of the concerned Jailer to institute cases by investigating the offenses as referred to in Sub-section (1) of Section 22, Section 24 and Section 25; and while making such investigation, the Jailer shall have all such powers including the powers to arrest any person charged with an offense, to search any
person or place, to take statement of the accused and to execute a public enquiry deed (Sarjamin Muchulka) as the Police have under the prevailing Nepal Law, and, in the course of such investigation, the
Jailer shall, as required, also have the same powers about requiring the accused, other than one who has already remained in detention or imprisonment, to make presence or releasing the accused on bail as
the Court has.
(5)If any person arrested by the Jailer under Sub-section (4), other than one who has already remained in detention or imprisonment, is to be detained for more than twenty four hours except the time required for journey, the Jailer may detain him/her for a period not exceeding Seven days after obtaining approval from the adjudicating authority
(1) Notwithstanding anything contained in the other prevailing Nepal Law, the powers to try and settle cases on the absconding (fleeing) of a Detainee or Prisoner or aiding such absconding or the case as referred to in Sub-section (1) of Section 22 shall vest in the District Court having territorial jurisdiction over the Prison where the
Detainee or Prisoner is in detention or imprisonment.
(2) The Jailer shall have powers to impose punishment after making a summary inquiry into the crimes as referred to in Sub- section (2) of Section 22; and no appeal shall be entertained against any order given by him/her under this Sub-section. Provided that, if the Jailer punishes any Detainee or Prisoner
under this Sub-section, information thereof shall be given to the concerned Chief District Officer 27 .
(3) Notwithstanding anything contained in the other prevailing Nepal Law, the concerned Chief District Officer 28 shall have the powers to try and settle cases on the offenses as referred to in Section.
(4) It shall be the duty of the concerned Jailer to institute cases by investigating the offenses as referred to in Sub-section (1) of Section 22, Section 24 and Section 25; and while making such investigation, the Jailer shall have all such powers including the powers to arrest any person charged with an offense, to search any
person or place, to take statement of the accused and to execute a public enquiry deed (Sarjamin Muchulka) as the Police have under the prevailing Nepal Law, and, in the course of such investigation, the
Jailer shall, as required, also have the same powers about requiring the accused, other than one who has already remained in detention or imprisonment, to make presence or releasing the accused on bail as
the Court has.
(5)If any person arrested by the Jailer under Sub-section (4), other than one who has already remained in detention or imprisonment, is to be detained for more than twenty four hours except the time required for journey, the Jailer may detain him/her for a period not exceeding Seven days after obtaining approval from the adjudicating authority