The National Criminal Procedure (Code) Act, 2017

1 1 ( revised ) The National Criminal Procedure ( code ) Act, 2017 Date of Authentication: 16 October 2017 Act Number 37 of the year 2017 An Act Made To Amend And Consolidate Laws Relating to procedures of Criminal Cases Preamble: Whereas, it is expedient to make the procedural law simplified and timely, by amending and consolidating the laws in force relating to procedures on investigation, prosecution, filing, proceeding, hearing and adjudication of Criminal cases and other procedures related thereto, and execution of judgments on such cases; Now, therefore, the Legislature-Parliament referred to in clause (1) of Article 296 of the Constitution of Nepal has enacted this Act. Chapter-1 Preliminary 1. Short title and commencement: (1) This Act may be cited as the " National Criminal Procedure ( code ) Act, 2017". (2) Section 192 of this Act shall commence on such date as appointed by the Government of Nepal by a notification in the Nepal Gazette, and the other Sections, on 17 August 2018.

2 2. Definitions: Unless the subject or the context otherwise requires, in this code ,- 2 (a) "court" means the Supreme Court, High Court or District Court, and this term also includes any other court, judicial body or authority empowered by law to proceed, hear and adjudicate any specific type of Criminal cases; (b) "investigating authority" means an authority designated under this Act or competent authority under law to make investigation into any offence, and this term also includes an investigation team formed to investigate into any specific offence; (c) "Penal code " means the National Penal ( code ) Act, 2017; (d) "complaint" means a plaint to be filed in a court, and this term also includes a charge-sheet in relation to any offence under Schedule-1 or Schedule-2, and a report thereon in relation to any other case; (e) "offence" means an act punishable by the Penal code or other Act; (f) "law" means a law for the time being in force; (g) "grave offence" means any offence punishable by a sentence of imprisonment for a term of more than three and less than ten years; (h) "heinous offence" means any offence punishable by a sentence of imprisonment for life or for a term of more than ten years, (i) "place" means a house, shed, cow shed, elephant shed or tent, and this term also includes a motor vehicle, vessel, aircraft, and other place or means of similar nature; 3 (j) "judge" means the authority of a court to proceed, hear and adjudicate a case, and this term also includes an authority competent to proceed, hear and adjudicate a Criminal case; (k) "police office" means a police office authorized to investigate into any offence set forth in Schedule-1.

3 (l) " Criminal case" means a case related to an offence under Schedule-1, Schedule-2, Schedule-3 or Schedule-4, and this term also includes any other case, except a case on any of the following matters: (1) A case related to a legal right, status, post, family relationship or property, (2) Establishment of relationship, or divorce, (3) Fee, remuneration, salary, allowance or wage, (4) Partition, succession, donation, gift, will, guardianship, curatorship, parental authority, adoption, (5) Any right or claim under any contract, quasi-contract or unlawful enrichment, (6) Any right or claim relating to tort, quasi-tort or defective product, (7) Servitude, (8) Compensation, or (9) Any other right or liability of civil nature. (m) "case" means a Criminal case; 4 (n) "adjudicating authority" means an authority empowered by law to proceed, hear and adjudicate a case, and this term also includes, in the case of a person taken in custody, a court nearby the place where the person is taken in custody; (o) "Local Level" means a Village Body (Gownpalika) or Municipality; (p) "government attorney" means the Attorney General, Deputy Attorney General, Joint Attorney, Deputy Attorney, District Attorney or Assistant District Attorney, and this term also includes an officer designated by the Attorney General to act in the capacity of government attorney.

4 3. Special legal provisions, if any, made not to be affected: (1) If a separate Act provides for special provisions on the prosecution, investigation, trial, hearing, execution of judgments or any other proceeding of, or jurisdiction to try cases on, any specific offence, such matters shall be governed by such Act and shall not be affected by any provision contained in this Act. (2) This Act shall govern the matters of procedures on which special legal provisions have not been made pursuant to sub-section (1). 5 Chapter-2 Provisions Relating to Information on Commission of, and Investigation into, Offences 4. First information report or information on commission of offence to be given: (1) A person who knows that any offence set forth in Schedule-1 has been committed or is being committed or is likely to be committed shall, as soon as possible, make a first information report in writing or give information on such offence, verbally or through electronic means, along with whatever proof or evidence which is in his or her possession or which he or she has seen or known, to the nearby police office in the form referred to in Schedule-5.

5 (2) If a person making a first information report or giving information referred to in sub-section (1) does not give such information in writing, the concerned police employee shall set down all matters of information given by the person in the form referred to in Schedule-5, read out the same to, and cause it to be signed by, that person. (3) If a person makes in person a first information report or gives information referred to in sub-section (1) to the concerned police office, or sends such information through any person or electronic means, such police office shall register such report or information and give that person a receipt thereof, in the form referred to in Schedule-6. If any person gives information through electronic means, acknowledgement of receipt of such information shall be given through the same means. 6 (4) Notwithstanding anything contained in sub-section (1), (2) or (3), if the police receives any report or information about the commission of any offence set forth in Schedule-1 from any other source or on his or her own, the police shall prepare a report along with the details set forth in Schedule-5.

6 (5) The police office shall enter the first information report, information referred to in this Section or the report referred to in sub-section (4) in a register in the form referred to in Schedule-7. (6) Any first information report or information received pursuant to sub-section (1) shall be forwarded to the separate investigating authority, if any, specified by law in relation to such report or information, and, failing the specification of such separate investigating authority, to the concerned district police office. (7) A person wishing to give information about any offence set forth in Schedule-2 shall give such information, in the form referred to in Schedule-5, to the office or authority empowered to investigate into that offence. (8) The concerned office or authority shall register the information received pursuant to sub-section (7) and give a receipt thereof, in the form referred to in Schedule-6, to the person who gives such information.

7 (9) If it is not possible to immediately register the information referred to in sub-section (7) in the concerned office or authority, such information may also be given to the nearby police office. 7 (10) The concerned police office shall, if it receives any information pursuant to sub-section (9), register such information pursuant to sub-section (5) and forward it to the concerned office or authority not later than three days for action. 5. Complaint against refusal to register first information report or information: (1) If the concerned police office refuses to register a first information report made or information given pursuant to sub-section (1) of Section 4, the person making or giving such first information report or information may make a complaint setting out such matter, accompanied by the first information report or information, to the concerned district government attorney office or the police office higher in level than the police office required to register such first information report or information.

8 (2) If a complaint referred to in sub-section (1) is received, the concerned district government attorney office or police office shall maintain records thereof and forward such first information report or information to the concerned police office for necessary action. (3) The concerned police office shall, in accordance with sub-section (3) of Section 4, register and take action on the first information report or information received pursuant to sub-section (2). (4) If the office or authority referred to in sub-section (7) of Section 4 refuses to register any information referred to in that sub-section, the person giving such information may make a complaint setting out the matter, accompanied by the information of offence, to the Chief District Officer of the concerned district. 8 Provided that where the Chief District Officer himself or herself is designated as the investigating authority and refuses to register such information, such complaint may be made to the Ministry of Home Affairs.

9 (5) Upon receipt of any complaint referred to in sub-section (4), the concerned Chief District Officer or the Ministry of Home Affairs shall decide, within three days, as to whether or not to register such information, and give direction to the concerned office to take, or cause to be taken, action accordingly. (6) Upon receipt of any direction referred to in sub-section (5), the concerned office or authority shall take action in pursuance of the direction. 6. Arrangements to be made to prevent evidence from being concealed or destructed and prevent offender from escaping: (1) If any police office or police employee gets information that any offence set forth in Schedule-1 has been committed or is being committed or is likely to be committed, such office or employee shall, as promptly as possible, make necessary and effective arrangements in order to prevent the offender from committing the offence or prevent any evidence related to the offence from being disappeared or destructed and prevent the offender from going away or escaping.

10 (2) If there is a likelihood of the concealment or destruction of any evidence related to the offence or the escaping or going away of the offender where immediate action is not taken pursuant to sub-section (1), such police office or employee may take necessary action 9 in that behalf, even by entering the area of another police office, as per necessity. (3) In the event of a need for taking any action by entering the area of another police office pursuant to sub-section (2), such police office or employee shall give information thereof to the concerned police office or body and the higher police office. (4) If the concerned authority comes to know, on his or her own initiative or on information made by any one, that any offence set forth in Schedule-2 has been committed or is being committed or is likely to be committed, such authority shall take action referred to in sub-section (1) or (2). Provided that if any police employee receives information about such offence and the concerned investigating authority is not available for the time being, such police employee shall take action referred to in sub-section (1) and send the statements of such action, together with the person, if any arrested, to the investigating authority.