CIVIL

Criminal Procedure Code – Nepal

PREVIOUS

Schedule -1

(Relating to clauses (d) and (l) of Section 2)

Offences under the following Chapters or under the following Sections of the following Chapters of the Penal Code:

Part-2:

(1) Chapter-1

(2) Chapter-2

Sections 92, 93, 94 and 102 of Chapter-4

Sections 1104, 105, 106, 110, 114, 118, 119, 120, 121, 122, 123, 124, 125 and 126

(5) Chapter-6

(6) Chapter-7

(7) Sections 151 and 152 of Chapter-8
(8) Chapter-9
(9) Chapter-10
(10) Chapter-11
(11) Chapter-12
(12) Chapter-13
(13) Section 192 of Chapter-14
(14) Chapter-15
(15) Chapter-16
(16) Chapter-17

Sections 219, 221, 222, 223, 225, sub-section (3) of Section 226 of Chapter-18

Chapter-19

Chapter-20

Clauses (a) and (b) of sub-section (3) of Section 249 and Sections 249, 250, 251, 252 and 253 of Chapter-21

(21) Chapters-22 and 23

Clauses (a), (b) and (c) of sub-section (3) of Section 276, and Section 278 of Chapter-25

Sections 283 (except personal property) and 287 of

Chapter-26

(24) Chapter-27

Attempt to, abetment of, conspiracy to any offence under serial

number 1 above

Offence relating to human trafficking and transportation

Offence under the Postal Act, 2019

Offence relating to citizenship

Offence relating to ancient monuments

Offence relating to narcotic drugs

Offence under the Essential Services Operation Act, 2014

Offence under Protection and Welfare of the Disabled Act, 2039

Offence under the Act Relating to Secrecy of Documents, 2039

Offence relating to passport

Offence relating to the protection of essential goods

Offence under the Prison Act, 2019

Offence under the Donation Act, 2025

Offence under the Lottery Act, 2025

Causing death of or grievous hurt or injury to any person by running

over, hitting, blowing or accident by motor vehicle

Offence under Section 9A. of the Civil Aviation Act, 2015

Offence under Section 15 of the Press and Publication Act, 2048

Offence of forgery or fraud resulted from any offence included in

this Schedule

Any such other offence as may be specified by the law in force to be

included in this Schedule

Any such offence as may be included in this Schedule by the Government of Nepal, by a notification in the Nepal Gazette

Schedule-2

(Relating to clauses (d) and (l) of Section 2)

Offences under the following Sections of the following Chapter of the Penal Code:

Sections 107, 108, 109, 111, 112 and 113 of Chapter-5 of Part-2

Any criminal case, which is instituted with the Government of Nepal

being plaintiff, or any offence of criminal nature in which the right, interest or concern of the Government of Nepal is vested, except that mentioned in Schedule-1.

Such offence as may be included by the law in force in this Schedule.

Such offence as may be specified to be tried and adjudicated under this Schedule, by the Government of Nepal, by a notification in the Nepal Gazette.

Offence of attempt to, abetment of, conspiracy to, any offence under

numbers 1, 2, 3 and 4, and any offence related thereto under Chapter 11.

Schedule-3

(Relating to clause (l) of Section 2)

Offences under Chapter-3 of Part-2 of the Penal Code.

Any criminal offence in which the Government of Nepal is concerned or in which the right, interest or concern of any

constitutional body, court or public authority is vested, other than that set forth in Schedule-1 or Schedule-2.

Schedule-4

(Relating to part (l) of Section 2)

Offences under the following Chapters or under the following Sections of the following Chapters of the Penal Code:

Part-2:

(1) Chapter-14 except Section 192

(2) Chapter-15

Sections 220, 224, and 226 of Chapter-18 (if a woman of 18 years of age or above is involved)

Clause (c) of sub-section (3) of Section 249, Sections 250 and 252 of Chapter-21 (if any organization other than a person or Government of Nepal is plaintiff)

Chapter-25, except clauses (a), (b) and (c) of sub-section (3) of Section 276, and Section 277

Sections 284, 286 and 287 of Chapter-26 (if a person is plaintiff)

Chapters-1 and 2 of Part 3

Any criminal cases other than those mentioned in Schedule-1, 2 or 3.

Any offences of criminal nature which are to be instituted with persons being plaintiff under the law in force.

Offence of incest.

Offences of attempt to, abetment of, conspiracy to, any offence under serial numbers 1, 2 and 3 above and any offences related thereto under Chapter-11.

Schedule-5

(Relating to sub-sections (1) and (7) of Section 4)

Form of First Information Report

Report submitted to ………….

(Name and address of the police office)

To be filled in by the police office:

Registration No.:

Registration date:

Name, surname and address of the person making the first

information report or notice:

Law or case in respect whereof the information report or notice has

been made:

Name, surname and address (including street) of the person who has committed the offence:

Name of father/mother of the person who has committed the offence:

Special identifying features of the person who has committed the offence:

6, Details relating to the offence:

The place, date and time where and when the offence has been committed or is being committed or going to be committed:

Details of the event relating to the offence:

203

Nature of the offence and other details related to the offence:

Proof, evidence related with the offence:

Other details related to the offence:

The contents of this report are true and correct; if proved false, I

shall bear and pay according to law.

If I receive a notice to appear during investigation into the case by the police or trial of the case by the court, I shall appear accordingly.

Person making first information report or notice:

Signature:

Date:

Schedule-6

(Relating to sub-section (3) of Section 4)

Receipt of First Information Report or Notice

Re: Concerning the offence related to————–.

A report or notice dated————–made by————has been received

and entered in the register maintained by this police office on———-

(date).

Seal of the office:

Registration No.:

Report or notice registering police employee:

Signature:

Name:

Designation:

Office:

Date:

Schedule-7

Schedule-7

(Relating to sub-section (5) of Section 4)

Offence Register

Government of Nepal

Ministry of Home Affairs

……………. Police Office

Regd Type   Designated   Date, time Date and time of Date and time of   Name, Short Description of Name, Name Name, Details of Manner of Goods or
No. of   investigating   and place of registration of departure and arrival of   surname of description of injury or hurt surname, and surname and accused commission of instruments
    incident report police for and on spot   informant the case           arrested offence   used in the
    crime   authority             address, surname description  
                                            commission
                                               
                                            of of accused        
                                        sex,         of offence
                                                   
                                        occupation father of or suspect            
                                        of victim accused              
                                                       
                                            or              
                                            suspect              
                                                           
                                Death Hurt Others                    
                                                       
                                                           
                                     
    Witnesses and   Physical material     Proceeding after investigation     Date of   Judgment passed by court Appeal made or   Remarks  
  persons in witness of   evidence or exhibits                     examination       not; if yes, date of        
    deed of scene of                           of witness                  
      crime                                                  
                                             
                Date of Proposed opinion Charge framed by Limitation                      
                submission of or advice of   governmental                              
                report of investigating   attorney and law                              
                investigation authority   pertaining thereto                              
                                                           
                                                           
                                                           

Schedule-8

(Relating to sub-section (4) of Section 9)

Form of warrant for arrest to be issued with the approval of the court

Mr./Ms.—————-

Address (including street):————–

Whereas, you have to be arrested in the course of investigation into the offence of——————-, this warrant for arrest is hereby issued pursuant

to the approval of the ……court, dated….. You are hereby required to

appear in person immediately, accompanied by the police employee carrying this warrant for arrest, before——–office. Otherwise, the police will arrest

and produce you before——-office.

Investigating authority’s:

Signature:

Name:

Designation:

Office:

Date:

207

Schedule-9

(Relating to sub-section (6) of Section 9)

Form of Urgent Warrant for Arrest

Mr./Ms.—————-

Address (including street):————–

Whereas, you have to be arrested in the course of investigation into the

offence of——————-, this warrant for arrest is hereby issued.

Police employee’s:

Name, surname:

Designation:

Date:

208

Schedule-10

(Relating to sub-section (2) of Section 13)

Form of Warrant for Detention

Mr/Ms………………

Address…………

Whereas, it is required to try the case by holding you in police custody

in the course of investigation into the offence of……, on the report/information of…………..;

Now, therefore, this warrant for detention is hereby issued for holding you in police custody with effect from this date.

Investigating authority:

Signature:

Name:

Designation:

Office:

Date:

209

Schedule-11

(Relating to sub-section (4) of Section 16)

Form of document executed by person seeing, witnessing, hearing or knowing the incident

Document executed by————(person), aged——, carrying on ………profession/occupation, son/daughter of———–, a resident of——— , before Mr./Ms.—————investigating authority of——-police office.

Short description of the first information report or notice:

Questions in connection with the incident:

Matters set out by the person executing the document:

Presence:

Signature of the document executing person:

Done on ———–day, ——–month of———-of the year———–.

210

Schedule-12

(Relating to sub-section (2) of Section 18)

Form of Notice for Making Search

To,

———————————

——————————–

Whereas, in the case related to the offence of————-, in which the

Government of Nepal is plaintiff on the report of———– and ———— et.

al. is defendant, it is possible that the above-named accused might be residing or staying in, or hiding any thing, good or instrument used by him or her in the commission of the offence or connected with the offence in,—–

—-(place);

Now, therefore, I hereby give this notice to you to search the said house, place.

I request for assistance in the above act.

Investigating authority:

Date:

211

Schedule-13

(Relating to sub-section (3) of Section 18)

Form of Search/Seizure Deed

Deed of search of thing/place/body of person and seizure of thing

executed at Ward No……, ….Village Body/Municipality——–(place) by the Police Office————–.

Short description of the first information report or notice:

———————————————————————

If it is required to make a prior search of the authority or employee making search or seizure, details of such prior search made:

———————————————————————

Description and boundaries of the place where the thing/ place/person has been searched or seized:

———————————————————————

Description of the seized thing or exhibit related to the offence:

———————————————————————

Name, surname, age, address and signature of every eye witness:

(a)

(b)

(c)

Name, surname, age, address and signature of the person in whose presence the deed is executed:

212

The owner or person in charge of the house or thing, a

residentof——-WardNo….,…….Village

Body/Municipality, ……….District, signing it covenanting that the investigating authority has offered himself or herself to be searched before making search of my body, my house and thing, and that he or she has made search with dignity and no goods in the house have been misappropriated.

Name, surname, age, address and signature of the informant:

Name, surname, age, address and signature of the accused

person:

The investigating authority deputed to execute the act including search, seizure:

Other employees:

7. Date:

8. Time:

213

Schedule-14

(Relating to sub-section (2) of Section 20)

Deed on Scene of Crime/Corpse Examination

Deed on scene of crime/corpse examination executed in————- (place) by the police office—————-

1. Name, surname, description of the deceased:

Address:

Age:

Sex:

Short description of the report or notice:

———————————————————————

———————————————————————

———————————————————————

Description and boundaries of the scene of crime:

———————————————————————

———————————————————————

———————————————————————

Description of the corpse:

Physical condition of the corpse: (mention the details)

Description of the corpse:

Clothes- (including other physical materials on the body)

Height

Color of hair Condition of hair

214

Condition of face

Eyes: Open/closed

Nose

Ear

Mouth

Teeth and tongue

Condition of throat

Hands: Stretched or not

Condition of nail

Condition of legs

Other conditions

Bruises:

(Site, size and measurement)

Abrasion:

(Site, size and measurement)

Cut wounds:

(Site, size)

Throat abrasion:

Other sites (Site, size and measurement)

Chest

Condition of the other parts of stomach

Anal

Penis, vagina

215

Identifying marks, if any:

Other deformities/unusual symptoms, if any:

Sketch of the scene of crime and the corpse (if it can be made):

Names, surnames, ages, addresses and signatures of eye witnesses:

———————————————————————-

———————————————————————-
———————————————————————

Names, surnames, ages, addresses and signatures of persons in whose presence the deed is executed:

———————————————————————

———————————————————————

———————————————————————

Name, surname, age, address and signature of the informant:

Names, surnames, ages, addresses and signatures of the accused persons:

Served by:

Investigating authority:

Other police employees:

———————————————-

———————————————-

———————————————-

Date:

216

Schedule-15

(Relating to sub-section (5) of Section 20)

Autopsy Report

Case registration number:

Police office sending for autopsy (letter date and reference

number):

3. Name of the deceased:

6. Age, date of birth:

7. Dead body identified by:

Name of the accompanying police personnel:

9. Date and time of death:

Date and hour of receipt of inquest papers and dead body:

Date and hour of starting autopsy:

Date and hour of concluding autopsy:

Name of the experts conducting autopsy:

…………….c.…………….

……………..d.………………

Name of the Hospital:

Relevant details (mention brief history of the case regarding circumstances of death and other sources of information):

External Examination (general observation of the dead body):

(1) Height (2) Weight (3) Physique:

217

(4) Hairs (5) Clothes and conditions:

Special identifying features (Huliya):

Post mortem changes present:

Rigor mortis:

(b) Livor mortis:

(c) Algor mortis/cooling:

Different signs of decomposition:

(8) Natural orifices:

Eyes

Mouth

Vagina/penis

Nose

Ears

Anus

Urethra

Injuries: Name, size, and site (Ante mortem/post mortem/old/fresh)

INTERNAL EXAMINATION

Head and Neck:

(1) Scalp, skull:

(2) Brain and vessels:

Orbital, nasal and aural cavities:

Mouth, tongue:

Neck (larynx, thyroid and other neck structure:

Other relevant details

Chest (Thorax)

218

Ribs and chest wall:

Diaphragm:

Oesophagus:

Trachea and bronchi:

Pleural activities:

Heart and pericardial sac (any content in pericardial sac,

condition of three coronary arteries, valves and chambers and myocardium must be observed):

Abdomen

Peritoneal and pelvic cavity:

(2) Stomach intestine:

(3) Small intestine:

Large intestine:

Liver, gall bladder, pancreas:

Spleen:

Kidney, renal pelvis:

Genital organs:

Urinary bladder and urethra:

Spinal Column:

Specimen collected for analysis (mention preservative also):

Toxicology:

Stomach with contents:

Part of liver:

Kidney:

219

Blood:

Others, if any:

Histopathology:

Others (specify):

Special Examination: (Procedures like neck dissection, pelvic dissection, flotation test of lungs etc. must be done in relevant cases and findings should be documented):

Items handed over (when and who received?) (1) Autopsy report:

(2) Viscera and other samples:

Clothes and other articles:

Opinion or conclusion

Opinion or cause of death:

(Mention cause of death in Nepali language also)

Opinion on time since death:

Opinion on probable type of objects or weapon causing injuries:

Opinion on live birth or still birth:

Other opinion, if any:

Signature of Medical Officer/Expert

1. 2. 3.

Signature: Signature: Signature:
Date: Date: Date:

220

Name: Name: Name:
Special qualification: Special Special
Training and qualification: qualification:
experience: Training and Training and
NMC Reg. No. experience: experience:
NMC Reg. No. NMC Reg. No.

Seal of the Hospital:

Date:

Note bene:

Post mortem shall be conducted by a forensic expert, to the

extent possible, and by a trained doctor if such expert is not available.

The report shall be prepared by the autopsy conducting expert or doctor himself or herself.

The report shall be computer typed to the extent possible, if not so, be prepared in a legible manner. In addition, the original of the autopsy report shall be attached.

If the specified space is not enough to contain the details,

details shall also be set down in a separate sheet as well.

221

Schedule-16

(Relating to sub-section (1) of Section 22)

Injury Examination Report

(It is used in case of examination of detainee also)

1. Case registration number:

Name of the office referred for injury examination (with letter ref.

Name, age, date of birth and sex of the injured person:

Name of the accompanying police personnel:

Name of the Hospital/Health Center:

Date, time and place of examination:

Identification mark of the examinee:

Consent for examination taken from:

Brief history about the incident (how and when the injuries were produced?)

Medical history of the examinee:

General physique and vitals:

Height: Weight Pulse B.P:

Temperature Respiratory Rate

Degree of consciousness:

Injuries (name, size, site, color, surrounding area, signs of treatment, bleeding, marks, signs of healings, any imprints and content etc.):

A. Type of injury:

222

Simple:

Grievous:

Severe:

Other remarks:

B. Type of weapon/object used:

a. Blunt force

b. Sharp force

c. Pointed objects

d. Projectile

e. Heat

f. Chemical

g. Others (specify)

Condition of the patient at the time of examination:

Severity (explain the severity in terms of existing condition and possible complication):

Investigation and reports (for example X-ray, USG, Blood, Urine etc.):

Treatment provided (briefly):

Referral (Where and Why?):

Follow up (if necessary):

Re-examination (whether case needs information about grade of disability:

Opinion: (Condition of examinee, severity of the injury, age of the injury and possible causative objects should be considered to frame opinion)

Name of the Examiner:

223

Signature:

Qualification: MC/NHPC

Reg. No.:

Office/Hospital/Health Center:

Date:

Seal of the Hospital/Health Center:

Note bene:

Injury examination shall be conducted by a forensic expert, to the extent possible, and by a trained doctor if such expert is not

available.

The report shall be prepared by the injury examination conducting expert or doctor himself or herself.

The report shall be computer typed to the extent possible, if not so, be prepared in a legible manner. In addition, the original of the autopsy report shall be attached.

If the specified space is not enough to contain the details, details shall also be set down in a separate sheet as well.

224

Schdule-17

(Relating to sub-section (3) of Section 24)

Form of Identification of Person

Deed of identification executed by the police office…….

I,…………………., being present at the scene of crime

of………..committed by ……….., son of………………., a resident of Ward

No.…….., ………….Village Body/Municipality, ……….District………,

on……………..(date), and being called upon by the police

office………….to identify the offender whom I saw while committing the

offence, have appeared in this court today. As I saw the following persons and noticed their color and appearance at the time of the commission of that incident, I hereby identify the said person as the same person/as not the same person because I did not see him or her or his or her color and appearance is different.

Name, surname and address of the identifying person:

Place of identification made:

Name, surname, address and designation of the identifying executing authority:

Date of identification made:

Schedule-18

(Relating to sub-section (1) of Section 25

Police Diary

  1. Name of investigating authority:

 

  1. Date appointed for conducting investigation:

 

  1. Name of the case:

 

  1. Name of the plaintiff/defendant:

 

  1. Description related to investigation:

 

(a) Time and date of receipt of information of the offence, and short description thereof:

Description of visits made by the investigating authority in the course of investigation:

Date Place Works Exhibits, If someone Name, address Signature Remarks
    performed by proof and is arrested, of the    
    him or her Evidence description person    
      received thereof inquired by    
          him or her and    
          matters stated    
          by such person    
          in relation to    
          the offence    
               

Schedule-19

(Relating to sub-section (1) of Section 31)

Investigation Report

Case No:………. Date of filing:……… Up to ……….

Date and time of receipt of information or complaint of

offence:…………………..

Name and designation of investigating authority ……………………..

Name and address of the informant…………………………….

Short description of the first information report or notice

………………………….

Place, time and date where and when the offence was committed

…………………………………

Time and date of the identification of the victim of the offence committed ……………..

Place, time and date where and when the offender was arrested

………………………………………

Name, surname, age and address (including street) of offender (if

more than one offender, write the names of all offenders serially)…………………..

Name, surname and address of the offender’s father, mother………..

Short description of the statement made by the accused before the competent authority…………………………….

227

Place where goods related to the offence were found

……………………………….

Name, surname, age and address of the victim of the offence

………………..

Clear description and sketch of the scene of crime………………………

Instruments or arms used in the commission of the offence

……………………

15. Cause of incident and motive of the offender:……………

Proposal opinion and punishment claimed by the investigation

officer:…………………….

If compensation is caused to be recovered, description of who is entitled to recover how much compensation: …………………

Names, surnames and addresses of witnesses who know about the offence; and short description of the deed made by them before the investigating authority :……………………..

19.

Physical proof and evidence related to the offence:

:………………………………..

If any other things are to be mentioned, description thereof:

Serial description of the documents………………………………

228

Schedule-20

(Relating to sub-section (1) of Section 32)

Form of Charge Sheet

To be filled in by the court:

Registration No:

Registration date:

A Charge Sheet

filed under Section 20 of Chapter-3 of the National Criminal Procedure (Code) Act, 2017

in ………………….. court

No…. of the year……

Government of Nepal, on the report of…………………. Plaintiff
Versus

(1) …………………………………………………….

(2) ……………………………………………………

(3) …………………………………………………….

Defendant

Case:

Description of the case:

(1)

(2)

(3)

Charge against the accused:

Details of legal provision related to the charge:

Sentence to be awarded to the accused:

Where the accused has confessed the offence, description thereof and proposed reduction in punishment for such confession: Proof, evidence:

229

Proof, evidence and thing related to the offence:

Witness:

Eye-witness:

(1)

(2)

(3)

(4)

If compensation is caused to be provided to the person who has sustained injury from the offence, the claim for compensation:

Exhibits or other goods or things connected with the offence and can be admissible in evidence:

(1)

(2)

(3)

Documents presented:

(1)

(2)

(3)

It is humbly prayed that the court institute proceedings based on this charge sheet.

Seal of office:

Government attorney’s:

Signature:

Name:

Designation:

230

Office:

Date:

Note bene:

While framing a charge sheet, it should be so framed that the matters required to be set down pursuant to Section 32 of Chapter-3 of this

The names, surnames, addresses of all offenders should be mentioned

in the versus column in serial order.

The available proof, evidence and document should be set down

serially in the above form.

231

Schedule-21

(Relating to sub-section (2) of Section 53)

Form of Complaint

To be filled in by the court:

Registration No.:

Registration Date:

A Complaint

filed in …………….under Section……..of Chapter………of the National

Criminal Procedure (Code) Act, 2017

Criminal case-file number ……..of the year….. ………………….,aged…………..,a resident of…………………….Complainant

Versus

………………….,aged…………..,a resident of……………………..Offender Case: ………….

The description of the offence committed by the said offender is as follows.

I humbly pray that the proceedings of case be instituted against him or her.

Description of the offence:……………………..

Charge made against the offender…………….

Related law:………..

Sentence to be imposed on the offender: …………..

Injury caused from the offence and amount recoverable from the offender:

Where the accused has confessed the offence, description thereof and proposed remission of punishment for such confession:

232

Other necessary matters: Evidence

Witness:

(Full name, age and address of the witness)

Documents:

1.
2.
Exhibits:
1.
2. Complainant:

…..aged….., son/daughter/wife of…….,

a resident of………born in……….

Date:

233

Schedule-22

(Relating to sub-section (7) of Section 57)

Notice for appearance in pursuance of the warrant for arrest

Notice issued by…………………court

Whereas, on the report/information of …………………., a charge sheet has been filed in the case of…………. (state the offence) in which the Government of Nepal is plaintiff and you/you et al…………….are defendant;

Now, therefore, the warrant for arrest issued against you is herewith forwarded. You are hereby required to appear in person in pursuance of this warrant for arrest.

Seal of court Concerned authority’s:

Signature:

234

Schedule-23

(Relating to sub-section (1) of Section 58)

Form of warrant for arrest to be issued by the court against the

offender

.

Notice issued by ……………

court

Whereas, on the report or information of …………………., a charge sheet has been filed in the case of…………. (state the offence) in which the Government of Nepal is plaintiff and you/you et al…………….are defendant;

Now, therefore, the warrant for arrest is issued to you. You are hereby informed to appear in pursuance of this warrant for arrest.

Seal of court Concerned authority’s:

Signature:

235

Schedule-24

(Relating to sub-section (1) of Section 58)

Form of warrant for arrest to be issued by the court in the name of

witness and other person

A warrant for arrest issued by………….court in the name of the accused

………………….

(Name of the officer or office)

Whereas, the proceedings of the case have been instituted in this court, against……………….. (name and address of the person to be arrested), on

the charge of…………….(offence), you are hereby directed to arrest the

said person and produce him or her before this court within seven days, excluding the time required for journey. In the event of the failure to produce the said person within the said period, you are required to serve this warrant for arrest and the notice sent along with it on the eighth day and give information thereof to this court, and to keep on searching the person to be arrested, arrest him or her wherever found and produce him or her before this court.

The concerned authority’s signature:

Date:

Seal of the court:

236

Schedule-25

(Relating to sub-section (7) of Section 58)

35-day warrant for arrest issued by the court

Whereas, in the case of……………(state the offence) in which the Government of Nepal is plaintiff on the information report of …………………. and you/you et al…………….are defendant, a warrant for arrest has been issued for arresting you but you have not been arrested;

Now, therefore, this 35-day warrant for arrest has also been posted. If you voluntarily appear or are arrested and produced before this court within thirty-five days excluding the time required for journey, you shall be heard and tried in accordance with law. If you remain absconding thereby expiring the time-limit, the case shall be tried in accordance with law; and you shall not be entitled to make a complaint subsequently.

Date:

Seal of court: Concerned authority’s:

Signature:

237

Schedule-26

(Relating to sub-section (2) of Section 59)

Form of summons issued in the name of accused

A summons issued by…………in the name of…………….a resident of…………

Whereas, a charge sheet has been filed in this court against you on the

charge of………(offence) and the matter shall

be

heard

on…………….day……………..date…………..month……………year;

No, therefore, you are hereby required to appear in this court. If you fail to appear on that day, a warrant shall be issued to arrest you, and action shall be instituted in accordance with the law. The complaint against you is attached herewith.

Concerned authority’s:

Signature:

(Copies of documents attached)

1……………………….

2. ………………………

3. ………………………

4. ………………………

(Seal of the court)

Date: ………….

238

Schedule-27

(Relating to sub-section (2) of Section 59)

Form of summons to be issued in individual criminal case

A summons issued by…………in the name of…………….a resident of…………

Whereas, a complaint has been filed in this court against you on the charge of………(offence);

Now, therefore, this summons is hereby issued to you. You are hereby required to appear in this court within thirty days after the issuance of this summons. You are hereby informed that if you fail to appear within the said period, action shall be instituted in accordance with the law.

Concerned authority’s:

Signature:

(Copies of documents attached)

1……………………….

2. ………………………

3. ………………………

4. ………………………

(Seal of the court)

Date: ………….

239

Schedule-28

(Relating to Section 60)

Form of summons issued in the name of witness

A summons issued by………… in the name of……………. a resident of …………
Whereas, it is required to examine you on the matter of the case of……. …..in
which ………………is plaintiff and …………..is defendant;
Now, therefore, you are hereby required to appear in this court at……. o’clock
in the morning on the——day of the month of………. the year…….. If you fail

to appear, the matter shall be dealt with in accordance with law.

Concerned authority’s:

Signature:

(Seal of the court)

Date: …………

240

Schedule-29

(Relating to sub-section (1) of Section 74)

Form of deed to be executed by person furnishing bail/bond

Whereas, in the case of…………(of the year……) in which the Government

of Nepal is plaintiff on the report of…………..and …………(defendant), a

bail/bond of…………… has been demanded by the order of the

………..court dated…………;

Now, therefore, I have made this petition for permission to furnish a bail/bond of …………….rupees in cash or of the following property. I shall

appear at all times as and when the court so specifies, and if I fail to do so, I hereby agree to the forfeiture of the bail/bond to the extent the sum of money payable by me.

Name, surname and address of the person furnishing bail/bond:

Name, surname and address of father and grand-father:

Description of the property:………

241

Schedule-30

(Relating to sub-section (3) of Section 74)

Form of deed to be executed by person furnishing property as

guarantee

Whereas, in the case of…………(of the year……) in which the Government

of Nepal is plaintiff on the report of…………..and …………(defendant), a

guarantee of…………… has been demanded by the order of the

………..court dated…………;

Now, therefore, I have made this petition for permission to furnish a guarantee of …………….rupees in cash or of the following property. I shall

appear at all times as and when the court so specifies, and if I fail to do so, I hereby agree to the forfeiture of the guarantee to the extent the sum of money payable by me or the sentence imposed on me.

Name, surname and address of the person furnishing guarantee:

Name, surname and address of father and grand-father:

Description of the property:………

Schedule-31

(Relating to sub-section (4) of Section 73)

Form of deed to be executed if other person than the accused/defendant furnishes guarantee

Whereas, in the case of…………(of the year……) in which the Government

of Nepal is plaintiff on the report of…………..and …………(defendant), a

guarantee of…………… has been demanded from him/her, by the order of

the ………..court dated…………, and I…………………..being agreed to

furnish a sum of…………rupees in cash or the following property as the

guarantee in his or her favor;

Now, therefore, I hereby appear to furnish the guarantee. I hereby covenant that I shall cause him or her (the accused/defendant) to appear at the time appointed by the court; and in the case of my default, I hereby agree to the recovery of the sentence imposable on, or any amount payable by, him or her from the said guarantee or any other property.

Name, surname and address of the guarantor/surety:

Name, surname and address of father and grand-father:

Description of the property:………

Signature:
Date:

243

Schedule-32

(Relating to Section 80)

Form of Warrant for Detention

Mr/Ms………………

Address…………

Whereas, it is required to try the case by holding you in police custody in the course of the offence of …………….., in which the Government of Nepal is

plaintiff on report of………….., and you, et.al, are defendant;

Now, therefore, this warrant for detention is hereby issued for holding you in police custody with effect from this date.

The concerned authority:

Signature:

Name:

Designation:

Office:

Date:

Schedule-33

(Relating to sub-section (1) of Section 82)

Form of Book of Appointed Date for Appearance

Book of appointed date for appearance maintained by the …………..

Year……..

Month, SN Case Name of the Name of the Purpose for Remarks
date, day     complainant, accused or which date for  
      appellant or respondent appearance is  
      applicant   appointed  
             
             

Signature:

Schedule-34

(Relating to sub-section (2) of Section 82)

Form of Acknowledgment of Appointed Date for Appearance

Book of appointed date for appearance maintained by the …………..
Year……..

Plaintiff Defendant

Case:

Date:

Whereas, the case will be enlisted in the cause list for final hearing/

…………..proceeding will be conducted on……..(date);

Now, therefore, I hereby sign binding myself to appear in this court/office at………hours, on the……..day of the month of …….of the year 20…….

Plaintiff….. Defendant….

246

Schedule-35

(Relating to sub-section (1) of Section 83)

Form of Memorandum of Appointed Date for Appearance

Memorandum of appointed date for appearance issued by…………… in
the name of…………….
Case…………………. year ………………..No……………..
Versus………………
Whereas, the date of …….. has been appointed as the date for appearance for
the purpose of ……………. ;
Now, therefore, you are hereby required to appear at ……..o’clock on the said
day.
Signature of the employee appointing the due date.
Whereas, the date of …….. has been appointed as the date for appearance for
the purpose of ………….. ..;
Now, therefore, you are hereby required to appear at ……..o’clock on the said
day.

Signature of the employee appointing date for appearance.

247

Schedule-36

(Relating to sub-section (5) of Section 89)

Form of Power of Attorney

I have appointed Mr./Ms. …………………..as my attorney to carry out the act of…………………on my behalf, in the case of………. with……………. He or she does not suffer any disqualification for being an attorney.

Date:

Thumb impressions

Signature:

Right

Left

………..(Full name)

………..(Full address)

………(Citizenship No.)

I hereby consent to act as an attorney of Mr./Ms. ……………, a resident of……………, as mentioned above. I shall perform the said act with honesty. I do not suffer any disqualification for being an attorney.

Date:

Thumb impressions

Signature:

Right

Left

………..(Full name)

………..(Full address)

………(Citizenship No.)

248

It is true and correct that this power of attorney has been drawn up and signed in our presence.

Witnesses:

(1) Writer witness, age of …… years, a resident of………………
Thumb impressions: Signature:
Right Left
(2) Writer witness, age of …… years, a resident of………………

Thumb impressions

Signature:

Right Left

249

Schedule-37

(Relating to sub-section (2) of Section 106)

Form of oath to be taken by witness

I…………hereby take an oath in the name of the God/ swear with truth and honesty that in the case of……………versus…………, I shall give true statement

of whatever I have seen, known and heard; that I shall not conceal or lie any matter; and that I shall give true answers to all questions asked by the court and by or on behalf of the parties to the case, to the extent of whatever I have seen, known and heard.

Signature of oath taking person:

Signature of oath administering person:

250

Schedule-38
(Relating to sub-section (3) of Section 106)
Form of taking deposition of witness
Case…………….
Number………… of the year………
Versus……….

Deposition of witness……………….

Questions and answers of the questions Question: What is your and your father’s name? Answer:

What is your age? What is your occupation? Where do you live?

Answer:

Signature of the person making deposition:

Signature of the person/judge taking deposition:

Note: The questions and answers thereof shall be recorded on the same order as examined, cross-examined or re-examined by the parties to the case; and if the court has asked the witness any question at the beginning, in the meanwhile or at the end, that question and the answer thereof shall also be set down according to the serial order.

251

Schedule-39

(Relating to sub-section (4) of Section 107)

Form of Commission

A commission sent by……………

Case………….

of the year…..

Date………………….

Complainant………………

Vs.

Accused…………………..

Deposition of witness……………

Question: What is your and your father’s name?

Answer:

What is your age? What is your occupation? Where do you live?

Answer:

Signature of parties:

Signature of the person making deposition:

Signature of the person/judge taking deposition:

Note: The questions and answers thereof shall be recorded on the same order as examined, cross-examined or re-examined by the parties to the case; and if the court has asked the witness any question at the beginning, in the meanwhile or at the end, that question and the answer thereof shall also be set down according to the serial order.

252

Schedule-40

(Relating to sub-section (6) of Section 109)

Form of deed of record of examination of witness through video conference

We, the undersigned, hereby covenant that it is true and correct that, in the case of………….in which …………….is plaintiff and ……….is defendant,

being …………, the witness of the plaintiff/defendant, unable to appear in

the court, the said witness was examined in our presence through video conference by the order of the …….court dated………

In presence of:

Name, surname and signature of the Local Level member or representative:

Name, surname and signature of the local person:

Name, surname and signature of the witness:

Name, surname and signature of the employee deputed by the court:

Name, surname and signature of the technical employee:

Name, surname and signature of the plaintiff, defendant or his or her attorney:

Name, surname and signature of the legal practitioner of the plaintiff/defendant, if any:

Place:

Date:

253

Schedule-41

(Relating to sub-section (2) of Section 115)

Form of commission to be used for examination of witness abroad

A commission sent by……………

In the case…………. (plaintiff) and …….(defendant)

In the name of the witness……….., residing in ……..(country)

of the year…..

Date………………….

Complainant………………

Vs.

Accused…………………..

Deposition of witness……………

Question: What is your and your father’s name?

Answer:

What is your age? What is your occupation? Where do you live?

Answer:

Name of the country where commission was executed:

Signature of the person making deposition:

Signature of the authority taking deposition:

Note: The questions and answers thereof shall be recorded on the same order as examined, cross-examined or re-examined by the parties to the case; and if the court has asked the witness any question at the beginning, in the meanwhile or at the end, that question and the answer thereof shall also be set down according to the serial order.

254

Schedule-42
(Relating to sub-section (8) of Section 122)
Form of statement of defense
To be filled by the court
Registration No.:
Registration Date.:
Submitted to:
Form of statement of defense
Criminal case file number……….. of the year……
Accused……………. , age of …… years, a resident of ………
Versus
Complainant, ………………, age of ……years, a resident of ………
Case:……………

In connection with the charge made against me by the said complainant, my statements or pleas are as follows:

1……………………………..
2……………………………..
3…………………………….
Evidence
1……………………………..
2……………………………..
3…………………………….
Documents
1……………………………..
2……………………………..
Mr./Ms. ………….. age of …… years, son/daughter/wife of Mr./Ms…………

Date:

Signature/thumb impressions of the accused:

255

Schedule-43
(Relating to sub-section (3) of Section 131)
Form of Judgment
………..Court
Branch of………..
Judgment
Case …………..Number…………… of the year………………..

……………………………………

Versus
………………………………..
1………………………………………………………………………………………………………….
……………………………………………………………………………………………………………

(Main points of the complaint)

2………………………………………………………………………………………………………….
……………………………………………………………………………………………………………
(Main points of the deposition of the accused or statement of defense)
3………………………………………………………………………………………………………….
……………………………………………………………………………………………………………
(The matters to be decided by the court)

4………………………………………………………………………………………………………….

……………………………………………………………………………………………………………
(Decision of the court along with the reasons for the same)
5………………………………………………………………………………………………………….

……………………………………………………………………………………………………………
(Punishment sentenced to the party or witness)
6………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

(Other necessary matters)

Date: Signature of the judge:

256

Schedule-44

(Relating to sub-section (1) of Section 132)

Form of notice of judgment

By………..

Notice of judgment

Notice of judgment given to ……………(full name and address of the party)

Case…………..Number……………of the year………………..

……………………………………

Versus
………………………………..

Whereas, judgment (main contents of the decision) has been passed by this

court in the aforesaid case……………on (date);

Now, therefore, a notice of the judgment is hereby given to you.

(Seal of the court)

Signature of authority sending the notice:

Date:

257

Schedule-45

(Relating to sub-section (1) of Section 136)

Form of memorandum of appeal

To be filled by the court

Registration No.:

Registration Date.:

Submitted to:

Memorandum of appeal

First/second appeal number………..of the year……

……………., age of ……years, a resident of …….. Appellant/complainant/accused

Versus

………………, age of ……years, a resident of ………

Respondent/complainant/accused

Case:……………

Whereas, the……………………..has passed judgment in case…………..awarding punishment of………. to me/us and recovery of the claimed amount or compensation from me/us;

the aforesaid ordering the

Now, therefore, I/we have made this appeal on the matters with which I/we am/are not satisfied, by serving the sentence awarded by the judgment/

258

furnishing a bail/bond/guarantee for the same. My/our statements are as follows:

1…………….

2…………….

3…………….

4…………….

The appellant’s:

Signature or thumb impression:

Date: Name:

Date:

259

Schedule-46

(Relating to sub-section (6) of Section 140)

Form of Counterclaim

To be filled by the court

Registration No.:

Registration Date:

Submitted to:

Counterclaim

First/second appeal number………..of the year……

……………., age of ……years, a resident of …….

Respondent/complainant/accused

Versus

………………, age of ……years, a resident of ………

Appellant/complainant/accused

Case:……………

Whereas, I/we have got a notice from the ………court in the said case to

submit a counterclaim;

Now, therefore, I/we have submitted this counterclaim. My/our statements

are as follows:

1…………….
2…………….
3…………….
4…………….
Respondent’s:

Date: Name:

Address:

Signature or thumb impression:

260

Schedule-47

(Relating to Section 150)

Form of Appellate Judgment

………..Court

Branch of………..

Appellate Judgment

Case…………..Number……………of the year………………..

……………………..(full name, surname and address of the appellant)

Versus
……………………..(full name, surname and address of the respondent)
1………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

(Main points of the appellant)

2………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

(Main points of the respondent)

3………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

(Main points of the judgment from which appeal has been made)

4………………………………………………………………………………………………………….

…………………………………………………………………………………………………………..

(The matters to be decided by the court)

5………………………………………………………………………………………………………….

…………………………………………………………………………………………………………

(Decision of the court along with the reasons for the same)

Date: Signature of the judge:

261

Schedule-48

(Relating to Section 150)

Form of Reference Judgment

………..Court

Branch of………..

Reference Judgment

Case…………..Number……………of the year………………..

……………………………………

Versus
………………………………..
1………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

(Main points of the complaint)

2………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

(Main points of the deposition of the accused/statement of defense)

3………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

(The matters to be decided by the court)

4………………………………………………………………………………………………………….

……………………………………………………………………………………………………………

(Judgment of the court making the reference for sanction)

5………………………………………………………………………………………………………….

…………………………………………………………………………………………………………

(Decision of the court along with the reasons for the same)

Date: Signature of the judge:

262

Schedule-49

(Related to sub-section (4) of Section 151)

Form of order for arrest in pursuance of judgment

Order

issued by………

Directed to the police office……….

Whereas, the punishment of ………….has been sentenced by the judgment of this court dated……………to Mr./Ms…………………., a resident of ……………..; and the said person has absconded;

Now, therefore, it is hereby ordered that the said person be arrested as soon

as possible and handed over to the prison office…………….

Date…..

Signature of the judge:

Seal of the court:

Schedule-50

Schedule-50

(Relating to Section 171)

Form of index of documents

………………………………………     versus…………………………………    
Case:          
Case-file number……… of year……..      
           
Serial Short   Name of Date of Signature of
number of description of parties submission of employee
documents documents submitting documents  
      documents    
           

 

Signature of preparer:

 

Signature of certifier:


Categories: CIVIL