1
Government Cases Act, 2049 (1992)
Date of Authentication and Publication
2049.09.08 (1992.12.23)
Amendment
1. Some Nepal Acts Amendment Act, 2049 2055.10.07 (1999.01.21)
2. Some Nepal laws Amendment Act,2063 2063.6.28 (2006.10.14)
Act No 43 of the year 2049 (1992)
An Act made to provide for the Government cases
Preamble: whereas, it is expedient to make appropriate legal provision in relation to the
cases where the Government is plaintiff and in relation to the defense of cases filed against
the Government
Now therefore, Parliament has enacted this Act in the 21st year of the ruling of His
Majesty King Birendra Bir Bikarm Shah Dev.
1. Short title and commencement: (1) This Act may be called" Government Cases
Act, 2049"
(2) This Act shall come into force immediately.
2. Definitions: In this Act, unless the Subject or the context otherwise requires,-
(a) "Government Attorney" means the Attorney General, Deputy Attorney
General, Joint Government Attorney, Deputy Government Attorney, District
Government Attorney and Assistant District Government Attorney and any
Officer or civil servant designated by the Attorney General to work as the
Government Attorney.
(b) "Court" means the bench of the judge and this term shall include the Officer
authorized to undertake judicial works relating to any case pursuant to the
prevailing laws.
(c) "Office of the Government Attorney" means the Office of the Attorney General
and Office of the Appellate Government Attorney and District Government
Attorney there under.
2
(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules
framed under this Act.
3. Information of crime: (1) Any person who knows about a crime stipulated in
Schedule 1, committed, being committed or going to be committed shall verbally or
in writing inform about such crime to nearby Police Office with necessary
information or evidence s/he possesses relating to the crime.
(2) Any person filing an application pursuant to Sub-Section (1) shall
include the following information in his/her application:
(e) Date, time and place of the crime committed or being committed or
likely to be committed.
(f) Name, address and description of the person committing the crime
(g) Evidences relating to the crime
(h) Nature of the crime and other descriptions relating to the crime.
(3) If the person informs about the crime verbally, the concerned Police
Officer shall record in writing all such information and the matters as per Sub-
Section (2) and read out it before the person and keep the signature of that person.
(4) The information received as per Sub-Section (1) or the information
relating to the crime received from anywhere else by the Police personnel, shall be
registered in the registration book in the prescribed format.
(5) In case of the refusal to register the information of the crime by the
concerned Police personnel as per Sub-Section (4), the informer, disclosing this,
may give the information of the crime to concerned Chief District Officer or the
upper level Police Office than that Office which is prescribed to register the
information. The Chief District Officer or the Police personnel of the Police Office
receiving such information shall keep the record of this, and with necessary
directions, forward in writing the information of such crime to concerned Police
Office for necessary actions.
(6) The concerned Police Office shall register as per Sub-Section (4) the
information of the crime received as per Sub-Section (5).
3
4. Arrangement for evidences not to disappear or destroy and perpetrator not to
escape: (1) If any Police personnel receives information about a crime stipulated in
Schedule-1 committed or being committed or going to be committed, then s/he as
soon as possible shall try to make an arrangement to prevent the crime, not to let any
evidence relating to the crime disappear or destroy, and not to let the criminal
escape or flee. In case of the possibility of crime to take place or evidence to
disappear or destroy, or criminal to escape or flee if immediate action is not taken,
then the Police personnel may, as per necessity, go to the jurisdiction of the next
Police Office and take necessary actions in this regard.
Provided that, any action is taken entering into the area of any other Police
Office, that Police Office shall be informed as soon as possible.
(2) A Police personnel may seek help from any person or authority in order
to prevent from any crime, stop any evidence to disappear or destroy, or to arrest
the perpetrator.
5. Giving information to concerned Office if the crime has taken place in the area
of any other Police Office: If the information received in any Police Office relating
to any crime stipulated in Schedule-1, shows that the crime is committed, being
committed or going to be committed in the area of any other Police Office, then the
Police Office receiving such information shall as soon as possible forward such
information to the concerned Police Office; and the informer shall be notified as per
necessity, to be present in such Police Office.
6. Sending preliminary report: (1) Before starting investigation of any crime as per
Section 7, the Police personnel undertaking the investigation shall send the
preliminary report relating to the crime to the concerned Government Attorney
Office explaining the matters to be investigated.
(2) After receiving the preliminary report pursuant to Sub-Section (1), the
Government Attorney may give necessary directions relating to the investigation of
the crime to the Police personnel undertaking the investigation.
4
7. Collecting evidence through investigation: (1) If, any Police Office receives
information regarding any crime stipulated in Schedule-1, committed, being
committed or going to be committed, then the Police personnel of at least Assistant
Sub-Inspector level of the Police Office shall, as soon as possible, investigate and
collect evidence.
(2) The Police personnel investigating as per Sub-Section (1) shall prepare
muchulka (recognizance/deed) explaining the following information to the best
possible extent.
(a) description of the crime scene,
(b) situation of the crime scene and the relation of that place to the crime or the
criminal, and
(c) any other remarkable thing seen or found at or around the crime scene.
(3) Apart from preparing the muchulka (recognizance/deed) pursuant to Sub-
Section (2), the investigating Police personnel may, to the best possible extent, also
take the picture of the place, collect the finger print or the foot mark or any other
important fact seen or found in the crime scene.
(4) The investigating Police personnel shall take into possession any
document or object relating to the crime.
(5) While investigating pursuant to this Section, if the concerned Police
personnel seek the advice of the Government Attorney, it shall be the duty of the
Government Attorney to provide the advice.
8. Keeping in presence: In the course of any investigation, while preparing a
muchulka (recognizance/deed) relating to the situation of any house or place, or
while making a search of any individual, object or place, or while examining a
corpse, at least two local people present in the place and a member of concerned
Village Development Committee or Municipality, or if such member is not
available, then any civil servant of the Government Office and accused if available
and the informer of the crime shall be kept in presence (Rohabar).
5
Provided that, such action shall not be considered invalid only on the ground that the
accused or the informer of the crime have not been kept in presence.
9. Taking statement and inquiry: (1) The investigating Police personnel relating to
the crime stipulated in Schedule-1 shall take the statement of the concerned accused
in front of the Government Attorney.
(2) The investigating Police personnel may inquire a person and if deems
necessary, record the statement of such person if the person is suspected in relation
to any crime or there is reasonable groud to believe that the person possesses
important information about the crime.
10. Search: (1) If the investigating Police personnel, in relation to any crime, find
reasonable ground to suspect a person or place to have possessed any person or
physical evidence in relation to the crime, s/he may search the person or place in the
prescribed manner.
Provided that, the act of search of a woman shall be conducted only by a
woman police or any other woman.
(2) If the person or place to be searched falls under the jurisdiction of any
other Police Office, the investigating Police personnel may make a written request
for the search of such person or place to such Police Office, and if such request is
made, the Police personnel of at least Assistant Sub-Inspector level of the Police
Office receiving such request shall make search of such person or place and send to
the requesting Police personnel the muchulka (recognizance/deed) prepared
pursuant to Sub-Section (3).
Provided that the Police personnel conducting investigation deems that while making such
a written request to another Police Office may cause any evidence disappear or destroy,
s/he him/herself may go and search the person or place pursuant to this Section and inform
about to the concerned Police Office.
(3) The personnel conducting such search shall prepare two copies of
muchulka (recognizance/deed) regarding the description of the objects found
relating to the crime in the search, the place where such objects were found and their
6
condition as and when found; give a copy of it to the concerned person and keep a
copy in the case file. If the personnel conducting search wants to take some object
with him/her, s/he shall take the object only by giving a receipt of it to the
concerned person.
11. Examining the corpse: If any information is received about a death caused by
homicide or by accident or by suicide or in a suspected circumstance as a result of
any crime in the area of any Police Office, at least the Police personnel of the Sub-
Inspector level of the Police Office of that area shall, as soon as possible, go to the
place where the corpse was found, examine the corpse and prepare a muchulka
(recognizance/deed) disclosing the following information to the best possible extent,
and if possible, take the photo of the corpse and the concerned place:
(a) description of the corpse identifying it,
(b) place where the corpse is lying and the condition of the corpse,
(c) if any wound, injury, bruise or discolored spot is seen on the corpse,
description of each of such wound, injury, bruise, or contusion with
their place, length, breadth and depth,
(d) possible means causing the death and symptoms thereof seen on the
corpse,
(e) any other symptom seen on the corpse that may be helpful in tracing
the cause of death, and
(f) any other remarkable fact.
(2) Notwithstanding anything contained in Sub-Section (1), this provision
shall not hinder the examination of corpse by the authorized person pursuant to no. 2
of the Chapter on Homicide of General Code (Muluki Ain).
(3) While examining the corpse as per Sub-Section (1), if the death seemed to
have been caused as a result of any crime, or occurred in suspicious circumstance,
the concerned Police personnel shall send the corpse for autopsy to the Government
Medical Practitioner in Government expense.
7
(4) If the corpse is seen or found to have decomposed to be unable for
examination, the concerned Police personnel shall prepare a muchulka
(recognizance/deed) explaining the same and it shall not be required to carry on the
process mentioned in Sub-Section (3).
(5) After the examination of corpse or preparation of muchulka
(recognizance/deed) pursuant to Sub-Section (4), the concerned Police personnel
shall handover the corpse to the claimant taking a receipt. If the claimant refuses to
receive the corpse or no claimant is present, then the concerned Police personnel
shall cremate the corpse in the Government expense pursuant to the Police Act.
12. Examining blood, semen etcetera: From the nature of the crime, if there is
reasonable ground to believe that examination of blood, semen or any organ of body
or any other thing of the person arrested may produce evidence relating to the crime,
the investigating Police personnel may examine such blood, semen, organ or any
other thing by a Government Medical Practitioner or in laboratory.
Provided that if it is necessary to examine the body-part of a woman it shall
be conducted if possible, by a female Medical Practitioner or by a woman at the
instruction of a male Medical Practitioner.
13. Taking opinion of expert: The Police personnel investigating the crime may take
the opinion of expert relating to any aspect of the crime, if s/he deems so necessary.
14. Arrest: (1) Police personnel conducting investigation relating to any crime under
this Act may arrest a person if there is reasonable ground to suspect about the
involvement in the crime, and the person so arrested shall not be detained without
giving the notice explaining the cause of arrest.
(2) Any witness to a crime may take into custody of the person committing
the crime and hand over that person to the nearby Police Office.
(3) In case, it requires arresting a person pursuant to Sub-Section (1) an order
shall be given to him/her to voluntarily surrender explaining the cause of the need
8
for such arrest. If such person does not surrender and tries to escape or avoid the
arrest, then the Police personnel may use force to arrest such person.
(4) Incase it requires to arrest a woman, as far as possible, woman police
personnel shall be caused for the same.
(5) While conducting a body search of the arrested person, the Police
personnel involved in arrest shall take into possession any evidential document or
any other object or arms and ammunition, weapons recovered in such search and
prepare a muchulka (recognizance/deed) thereof.
15. Limitation of the period of detention for investigation and its procedure: (1) No
person shall be detained for more than twenty four hours for investigation purpose
unless otherwise provided in this Section.
Explanation: The period of journey, be taken for the detainee to produce before the
court to bring to the Police Office or from Police Office to the court pursuant to Sub
Section (2), shall not be included in the period of detention for the purpose of this
Section.
(2) In the course of investigating a crime stipulated in Schedule-1, if it is
deemed that the investigation relating to the person arrested and detained may not be
completed within twenty four hours and that the investigation has to be continued
keeping him/her in detention, then the investigating Police personnel shall keep
him/her in detention by taking the permission of the court producing that person
before the court. While seeking remand of this kind from the court, the charge
against the detainee with the grounds, reason for investigation to be continued by
keeping him/her on remand, and if his/her statement has been recorded, the details
of the statement shall be clearly specified.
(3) While the person produced before the court for the permission of remand
pursuant to Sub-Section (2) may make an application to the court for his/her
physical examination.
9
(4) If the permission of remand is sought pursuant to Sub-Section (2) by
reviewing the documents, considering whether the investigation is being conducted
in a satisfactory manner, and if it is found to have been carried out in satisfactory
manner, the court may grant a remand of maximum twenty five days at once or time
and again.
16. Identification: (1) If any accused has to be identified in any case, Police personnel
of at least Assistant Sub-Inspector level may make such identification in accordance
with the prevailing laws.
(2) The Police personnel of at least Assistant Sub-Inspector level may make
identification of any material evidence or objects related to any case by following
the prescribed rules.
17. Submitting report with opinion: (1) After the completion of the investigation of
any crime stipulated in Schedule-1, if the investigating personnel finds that the
crime had occurred, but deems the evidence insufficient to prosecute all or some
accused, s/he shall explaining that, and if s/he does not find that the crime had taken
place or though the crime had taken place, the accused could not be identified or the
evidence are insufficient to prosecute any accused, s/he explaining that and with
his/her opinion, if the case does not have any detainee then fifteen days before the
limitation as per the concerned law, and if the detainee is there in the case, then
taking into consideration the time needed to decide about whether the case is fit to
be filed or not, and the time needed to prepare and file the charge sheet before the
court, Submit the original and a copy of the file and material evidence to the Office
of the Government Attorney.
(2) Having received the file with the opinion of the Police pursuant to Sub-
Section (1) the Government Attorney shall study the documents and send them to
the Attorney general for final decision as to whether to file a case or not.
Provided that, if the Attorney general has delegated the authority to the
Government Attorney pursuant to Clause (5) of the Article 110 of the Constitution,
10
conferred to him/her by the Clause (2) of same Article, then the concerned
Government Attorney shall make decisions in accordance with the delegated
authority.
(3) During the study of file to decide pursuant to Sub-Section (2) whether a
case is fit to be filed or not, if the Government Attorney deems it necessity to collect
additional evidence or to inquire any person, then s/he may give direction to the
investigating Police personnel to collect such evidence or to inquire with such
person. It shall be an obligation of the concerned Police personnel to abide by such
direction.
18. Filing charge sheet: (1) In the context of making decision pursuant to Sub-Section
(2) of Section 17 as to whether file a case or not, if the study of the file suggests
that a case may be filed, then the Government Attorney shall prepare the charge
sheet in the prescribed format stipulating the following information and Submit it to
the concerned court along with evidence (exhibits) and any objects relating to the
crime, and if there is any detainee, also with that charge sheet:
(a) full name, surname and address of the accused,
(b) description of information of crime,
(c) description relating to crime,
(d) charge on the accused and evidence thereof,
(e) concerned law,
(f) punishment to be inflicted to the accused, and
(g) if there is any compensation to be paid to victim, the amount of such
compensation.
(2) While specifying the charge in the charge sheet pursuant to Sub-Section
(1), if the crime has a nomenclature in the prevailing laws, it shall be mentioned
accordingly. In case of the crime without any nomenclature in the prevailing laws,
elements of the crime shall be clearly mentioned so that the accused can clearly
understand the charges made against him/her.
11
(3) If the accused has to bear more punishment on the reason that s/he had
already received punishment before on any other crime, the date of such punishment
and the name of the court inflicting such punishment shall be mentioned.
(4) While filing charge sheet before the court pursuant to Sub-Section (1), if
any approval is needed from the Government of Nepal or authorized Officer of the
Government of Nepal or any Officer prescribed by law, the document of such
approval, file of investigation and the evidences found during investigation shall
also be Submitted; and if the accused has been arrested, s/he shall also be produced
before the court.
19. Keeping Safe: In case, the Government Attorney decides not to file the case, the
case file and objects relating to evidence (exhibits) shall be sent back to the
concerned Police Office, and the Police shall keep them safe until the prescribed
time.
20. Informing the informer: If any decision is made not to file a case, the concerned
Police Personnel shall inform the informer accordingly.
21. Police may release the person kept in the custody: If any person kept in the
custody for investigation under this Act is deemed not necessary to be kept any
more in custody, the Police personnel may release such person on guarantee of
attendance (Hajeer Jamani) by taking the approval of the Government Attorney as
prescribed, or depending on the situation, by preparing a note with reasonable
grounds even without the approval of Government Attorney.
22. Inquiry of civil case and case filing: (1) Anyone interested to file a case stipulated
in Schedule-2 and the civil case in which the prevailing laws prescribe the
Government as plaintiff, shall mention about the evidences or information s/he has
relating to the case, shall produce the written application or verbal information to
the Officer mentioned in the Nepal Gazette or the Officer prescribed by prevailing
law. In case of verbal information, the concerned Officer shall write it in the form an
application and get the signature of the informer on it.
12
(2) Any application received pursuant to Sub-Section (1), the concerned
Officer shall make cadastral survey or make other inquiries as required, include the
evidence collected to decide whether to file a case or not, and with his/her own
opinion, forward the original and duplicate copies of the file to concerned
Government Attorney of the District fifteen days prior to the limitation for case
filing as provided in the concerned law.
(3) Even if no application is filed by anyone, if the concerned Officer
him/herself finds it reasonable to file a case, s/he shall collect required evidences
and send the file to the Government Attorney by fulfilling the procedures pursuant
to Sub-Section (2).
(4) The concerned Officer, while sending the file to Government Attorney
pursuant to Sub-Section (2) or (3), shall do it taking into consideration the time
needed for Government Attorney to decide whether the case be filed or not, and also
the time needed to file a case by preparing a law suit in case of a decision to file a
case.
(5) Section 17 of this Act shall be applicable to decide whether to file a case
or not for the file received pursuant to Sub-Section (2) or (3).
(6) If the Government Attorney deems it fit to file a case while reviewing the
file received as per Sub-Section (2) or (3), s/he shall prepare a law suit (Firad
Patra) and file a case in the concerned court enclosing evidences.
(7) If the Government Attorney decides not to file a case, then the file and
evidence thereof shall be returned to the concerned Officer and such Officer shall
keep such file and evidence safe until the prescribed time.
23. The Government of Nepal as plaintiff: The Government of Nepal shall be the
plaintiff in the cases stipulated in Schedule 1 or 2, and any person giving
information about such case shall be considered as the witness of the plaintiff.
Provided that in the course of investigation, if the crime or the situation does
not seem to fall under the crimes stipulated in Schedule 1 or 2, and as per law it is
13
deemed that the aggrieved party (person) him/herself has to file a case, then the
Government Attorney, by explaining it and including his/her decision, shall inform
the Police or concerned Officer asking to inform the concerned person about the
decision. On behalf of the person receiving such information, the limitation as per
the prevailing laws shall be counted from the date of the receipt of such information
by him/her.
24. Procedure for appeal or review: (1) In the cases stipulated in Schedule 1 or 2 and
in any Act where the Government of Nepal is mentioned as plaintiff, any application
or appeal or review or of any related matter shall be produced by the concerned
Government Attorney.
(2) Except otherwise provided in Sub-Section (1), in cases where the
Government of Nepal is plaintiff or defendant, any application or appeal, review or
any related matter may be produced by the concerned Officer or the Office incharge
him/herself.
Provided that if the concerned Officer or Office in-charge makes a written
request, the concerned Government Attorney may file an application or appeal or
review on any matter relating to the case.
(3) In any case relating to Governmental affairs in which any civil servant is
plaintiff or defendant, if needed to appeal, review or file an application and the
concerned civil servant is no more holding that post, then such appeal or review or
application may be filed in the name of such person who is in that very post at
present.
25. Filing a complaint or case against the Government of Nepal or any civil servant
and serving summon or notice etcetera: (1) While filing complaint or case
relating to any affair of the Government of Nepal, the Government of Nepal shall be
made party.
(2) In the cases mentioned in Sub-Section (1), the Government of Nepal shall
be served a notice or summon through Government Attorney.
14
(3) In case of a complaint or case against any civil servant relating to
Government affair, the notice or summon shall be served to the concerned civil
servant or the person replacing him/her. In such summon or notice, it will suffice if
the post and the address of the Office are mentioned.
Provided that in case of personal complaint against any civil servant relating
to Government or non-Government affair, any matter of this Section shall not be
applicable while summoning or informing.
26. Giving time period: (1) The court shall provide a time period of seventy days while
providing the period as provided in Sub-Section (1) for appeal in the cases stipulated
in Schedule 1 or 2.
(2) After the expiry of the time period if the concerned party has made an
application to the court with reasonable grounds, the court may provide additional
thirty days in the cases where the time period may be extended as per the
prevailing laws.
(3) If the Government of Nepal requires to file a civil case against any
person, such case shall be filed within the limitation as mentioned in prevailing
laws, and if, such limitation is not mentioned, it shall be filed within two years from
the date of its knowledge of the case o faction.
Provided that, if the prevailing laws do not provide for any limitation to file a
complaint or case and it provides for an unlimited limitation the complaint or case
may be filed at any time.
Explanation: The notice received by concerned Officer of the Government of
Nepal would be considered as the notice received by the the Government of Nepal
27. Determining the concerned person as party: In a case filed under this Act in
which government of Nepal is the plaintiff, if it deems later on that such case does
not fall under Schedule 1 or 2 of this Act the court may issue an order to the
concerned party to appear before the court and if such person agrees to continue the
case, the court may convert such person as a party of the case and shall proceed and
dispose the case from the same case file in accordance with the prevailing laws.
15
28. Mitigation in punishment for complaint: (1) There shall be no punishment for
complain in the cases stipulated in Schedule 1 or 2.
(2) Notwithstanding anything contained in Sub-Section (2), having proceeded
a case in the court by registering complaint, becoming a witness and by credibly
showing evidences to the Government of Nepal, Police personnel or other Officer, if
later on it is found that such fact or evidence are fake, the court may impose the
following punishment:
(a) The witness writing such a fake fact or producing fake evidence may be
imposed a fine of Three Thousand Rupees or Three months of imprisonment or
the both.
Provided that, such penalty or punishment shall not be more than half of the
punishment that may be imposed on the offender of that crime.
(b) If the witness writing such a fake fact or producing fake evidence is deemed by
the court to have acted not on reasonable grounds rather with enmity, the court
may order for compensation of up to Five Thousand Rupees to the acquitted
defendant from the case taking into consideration the situation of the case.
29. Withdrawal of the Government case or reconciliation: (1) In the cases where the
Government of Nepal has to be a plaintiff or where the Government of Nepal has
filed a case or where the Government of Nepal is defendant pursuant to the
prevailing laws, if there is an order of the Government of Nepal, the Government
Attorney, with the consent of other parties, may make a deed of reconciliation or
with the consent of the court, may withdraw the criminal case in which the
Government of Nepal is plaintiff. If so happens, the following matters shall happen
as following:
(c) if reconciliation is done, no one shall be charged any fee for the same.
(d) in case of withdrawal of the case, the criminal charge or the Government claim
ceases and the defendant gets release from the case.
16
(2) Notwithstanding anything contained in Sub-Section (2), if the case has an
effect on the property of any civilian, such case shall not be withdrawn from the
court under this Section.
30. Other works of Government Attorney: (1) The Government Attorney shall
examine the witness and Submit the evidence in the cases stipulated in Schedule 1
or 2 and in any other cases which has concern to the Government of Nepal.
(2) It shall be the duty of the Police to produce the witness and evidence in
the cases stipulated in Schedule 1, through Government Attorney at the expense of
Government on a date fixed by the court.
(3) It shall be the duty of the concerned Officer to produce the witness and
evidence in the case stipulated in Schedule 2 and in the case in which the
Government of Nepal is plaintiff or defendant, through Government Attorney at the
expense of Government on a date fixed by the court.
31. Matters related to cases other than stipulated in Schedule 1 or 2: In the cases to
be filed by the Government of Nepal, except the cases stipulated in Schedule 1 or 2,
if any Officer has been designated by the Government of Nepal or by law to file a
case or to collect evidence, then through that Officer, and if no such prescription
has been made, the concerned Office in-charge shall collect the evidences and
produce to the Government Attorney the file and evidence with his/her opinion
considering the limitation to file law suit (Firad Patra) or charge sheet for a
decision whether to file a case or not.
(2) Sub-Section (2)of Section 17 of this Act shall be applicable to make a
decision whether to file a case or not on the basis of the file received pursuant to
Sub-Section (1).
(3) After receiving the file pursuant to Sub-Section (1), the decision whether
to file a case or not shall be made, and if a case is to be filed, the received file shall
be returned within the period not exceeding the time period to file a case, clearly
mentioning under which law, who shall be prosecuted under which charge.
17
(4) After receiving a decision to file a case from the Government Attorney
pursuant to Sub-Section (3), charge sheet or law suit (Firad Patra) shall be prepared
and get it signed by the person designated by the prevailing laws and if there is any
detainee, s/he shall be produced before the court and the case shall be filed within
time period; and a duplicate copy of the file shall be made available to the
Government Attorney.
(5) In case the Government Attorney decides not to file a case, the file shall
be kept safe until the prescribed period.
32. Sending to the concerned authority: Notwithstanding anything contained
elsewhere in this Act elsewhere, if any case presumably coming into the cases
stipulated in Schedule 1 or 2 is found later on, in the course of investigation not to
be falling under this Act, it may be forwarded to the concerned authority.
33. Government Attorney to plead: (1) In the cases stipulated in Schedule 1 or 2 and
in any case in which the Government of Nepal is specified in law to be a plaintiff,
the Government Attorney shall plead and defend. Other than this, in the cases in
which the Government of Nepal has been made defendant or it has filed a case by
being a plaintiff, the Government Attorney may plead and defend if any request is
made by the concerned authority.
(2) In any case other than stipulated in Sub-Section (1) concerning the
Government of Nepal, if the concerned Officer directly requests the Attorney
general for defense, the Attorney general may designate the Government Attorney
for pleading or defense in such case.
34. Power of the higher authority: The functions, which may or has to be carried out
by a Government Attorney or the Police Personnel pursuant to this Act or Rules
framed there under , may be carried out by the following Government Attorney or
Police Personnel:
(a) the Police personnel of the higher rank of the same area or any Government
Attorney of the higher rank.
18
(b) at the request of such Police personnel, by the Police personnel of the same
or higher rank from another Police Office or Government Attorney of higher
rank from another Office.
35. Alteration in the Schedules: The Government of Nepal, by producing notice in
Nepal Gazette, may add or delete the cases stipulated in Schedule 1 or 2.
36. Right to frame Rule: (1) The Government of Nepal may frame Rules to
implement the objectives of this Act.
(2) The Rules may be formed in the following sectors, not making any
adverse effect in the universality of the powers stated in Sub-Section (1):
(a) prescribing rights, duties and obligations of the Government Attorney,
(b) Filing and defending a case in which the Government of Nepal,
(c) Matters relating to investigation
37. Repeal: Government Cases Act, 2017 is, hereby, repealed.
38. Change: §..............................
§ Deleted by Some Nepal Acts Amendment Act, 2055
19
Schedule- 1
1. case related to the Attempt on Throne or life of the Royal Family.
2. Case punishable under Crime Against the State and Punishment Act, 2046
3. Case punishable under the Chapter on Homicide of the General Code (Muluki Ain )
4. Case punishable under the Chapter on Rape of the General Code
5. Case punishable under the Chapter on Theft of the General Code (other than Adultery)
6. Case of arson or attempted arson of a house or Government documents.
7. Case relating to cow slaughter (gobadh) or the case punishable under no. 8 of the Chapter
on Cattle of the General Code.
8. Case of damaging or misappropriating Government or other public property
9. Case relating to weapons and arms and ammunition
10. Case punishable under the Chapter on Counterfeit Currency of the General Code.
11. Case of forgery of the Government seal/signature or any paper with such seal/ signature
or any paper with the signature of a government, irrespective of whoever possesses those
documents.
12. Case of Proselytizing (Dharma Paribartan) or attempted proselytizing by creating
disturbance in any other religion or getting people converted or an attempt of that.
13. Case relating to gambling.
14. Case punishable under the Chapter on Trafficking of Human Being of the General Code.
15. Case punishable under Postal Act, 2019.
16. Case punishable under Espionage ( Jasusi) Act, 2018
17. Case punishable under Nepal Citizenship Act, 2020
18. Case punishable under Ancient Heritage Protection (Prachin Smarak Samrkshan) Act,
2013
19. Case of forgery or deceiving arisen out of any case stipulated under Schedule 1 or 2 of
this Act.
20. Case punishable under Some Public (Offence and Punishment) Act, 2027
20
21. Case punishable under Narcotic Drugs (Control) Act, 2033
22. Case punishable under Necessary Service Regulation Act, 2014
23. Case punishable under Black Marketing and Some Other Social Crime and Punishment
Act, 2032
24. Case punishable under Disabled People Protection and Welfare Act, 2039
25. Case punishable under Privacy of Documents Act, 2039.
26. Case punishable under Passport Act, 2024
27. Case punishable under the Chapter on Cheating of the General Code.
28. Case punishable under no. 2 of the Chapter on Matrimony of the General Code and case
punishable under no. 10 of the same Chapter relating to polygamy practiced in any way.
29. ª..............................................
30. Except the case punishable under the Chapter on Homicide and Cattle (four-footed
animal), the case punishable under prevailing laws relating to transportation when human
being, cow, ox and bull have been killed.
30a. case punishable under section 10b of Adal of general code.
31. Case punishable under Human Trafficking (Control) Act, 2064
32. Case of Peculation or misappropriation of cash or kind of bank or autonomous body with
full or partial ownership of the Government of Nepal, in collusion or without such
collusion with the staff of the concerned bank or body by any person.
33. Case of forgery and cheating by Submitting forged documents at a bank or any other
autonomous body under full or partial ownership of the Government of Nepal.
34. Case of Pick Pocketing.
35. Case stated in any Act as "to be considered to have been included in this Schedule"
Cases which shall be included within this provision:
ª
deleted by Foreign Employment (Second Amendment) Act, 2054
Inserted by by Some Nepal Acts Amendment Act, 2063
21
a. Case pursuant to Clause 1(a) of Sub-Section (1) of Section 17 of
Education Act, 2028.
b. Corruption case under Commission of the Investigation of Abuse of Authority
Act, 2048 (with Second Amendment of the Act).
c. Case under Forest Act, 2049.
d. Case under The Act Relating to Electoral Rolls, 2063.
e. Case pursuant to Sub-Section (5) of Section 47 of Telecommunication Act,
2053 (Act effective from 2054.07.18).
f. Case under Consumer Protection Act, 2054.
g. Case under Transplant of Human Organ (regulation and restriction) Act, 2055
(Act effective from 2058.10.22).
h. Case under Animal Health and livestock Act, 2055
i. Case under Iodized Salt (production and distribution) Act, 2055
j. Case under Animal Slaughter House and Meat Inspection Act, 2055
k. Case under Electricity Theft Control Act, 2058
l. Offense pursuant to Section 95 of Nepal Rastra Bank (Central Bank) Act, 2058
m. Case under Chapter- 23 of Income Tax Act, 2058
n. Case under Section 27 and Section 28 of Copyright Act, 2059
36. Any other criminal cases in which the Government of Nepal is plaintiff under this
Act as specified by the Government of Nepal by notification in Nepal Gazette from
time to time.
¨ Case of deformity (maiming) or injury of any human being by a vehicle.
Case under Necessary Goods Protection Act, 2012
Cases included:-
a. Case under Explosive Substance Act, 2018.
¨
Inserted by the notice of Nepal Gazette on 2050.04.32
Inserted by the notice of Nepal Gazette on 2050.10.11
Inserted by the notice of Nepal Gazette on 2055.03.29
22
b. Case pursuant to Section 9.a of Civil Aviation Act, 2019.
c. Case under Donation (Chanda) Act, 2030.
d. Case of Deformity (maiming) under chapter on Battering (kutpit) of
General Code.
Case under Lottery Act, 2025
Offense of publication without certificate pursuant to Section 7 and Offense pursuant to
Section 14 and 15 of Press and Publication Act, 2048
Case punishable under Chapter on Etiquette (Adal) of General Code.
Schedule-2
1. Case relating to Government Land Concealment.
2. Case relating to Concealment of Land Tax.
3. Case under no. 2 and 3 of the Chapter on Etiquette (Adal) of the General Code.
4. Case under no. 35 of the Chapter on Transaction Behavior of the General Code.
5. Case under no. 12 of the Chapter on Land Cultivation of the General Code.
6. Case under no. 16 of the Chapter on land allocation of the General Code.
7. Case under no. 17 of the Chapter on Inheritance of Heirless Property of the General
Code.
8. Case under no. 1 of the Chapter on Hidden (Welfare) Treasure of the General Code.
9. Case relating to Concealment of Government money or locus standi of the Government.
10. The civil cases in which the Government of Nepal determines itself to be plaintiff by
publishing notice time to time in the Nepal Gazette.
Inserted by the notice of Nepal Gazette on 2056.04.25
Inserted by the notice of Nepal Gazette on 2057.01.12
Inserted by the notice of Nepal Gazette on 2060.04.12
Government Cases Act, 2049 (1992)
Date of Authentication and Publication
2049.09.08 (1992.12.23)
Amendment
1. Some Nepal Acts Amendment Act, 2049 2055.10.07 (1999.01.21)
2. Some Nepal laws Amendment Act,2063 2063.6.28 (2006.10.14)
Act No 43 of the year 2049 (1992)
An Act made to provide for the Government cases
Preamble: whereas, it is expedient to make appropriate legal provision in relation to the
cases where the Government is plaintiff and in relation to the defense of cases filed against
the Government
Now therefore, Parliament has enacted this Act in the 21st year of the ruling of His
Majesty King Birendra Bir Bikarm Shah Dev.
1. Short title and commencement: (1) This Act may be called" Government Cases
Act, 2049"
(2) This Act shall come into force immediately.
2. Definitions: In this Act, unless the Subject or the context otherwise requires,-
(a) "Government Attorney" means the Attorney General, Deputy Attorney
General, Joint Government Attorney, Deputy Government Attorney, District
Government Attorney and Assistant District Government Attorney and any
Officer or civil servant designated by the Attorney General to work as the
Government Attorney.
(b) "Court" means the bench of the judge and this term shall include the Officer
authorized to undertake judicial works relating to any case pursuant to the
prevailing laws.
(c) "Office of the Government Attorney" means the Office of the Attorney General
and Office of the Appellate Government Attorney and District Government
Attorney there under.
2
(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules
framed under this Act.
3. Information of crime: (1) Any person who knows about a crime stipulated in
Schedule 1, committed, being committed or going to be committed shall verbally or
in writing inform about such crime to nearby Police Office with necessary
information or evidence s/he possesses relating to the crime.
(2) Any person filing an application pursuant to Sub-Section (1) shall
include the following information in his/her application:
(e) Date, time and place of the crime committed or being committed or
likely to be committed.
(f) Name, address and description of the person committing the crime
(g) Evidences relating to the crime
(h) Nature of the crime and other descriptions relating to the crime.
(3) If the person informs about the crime verbally, the concerned Police
Officer shall record in writing all such information and the matters as per Sub-
Section (2) and read out it before the person and keep the signature of that person.
(4) The information received as per Sub-Section (1) or the information
relating to the crime received from anywhere else by the Police personnel, shall be
registered in the registration book in the prescribed format.
(5) In case of the refusal to register the information of the crime by the
concerned Police personnel as per Sub-Section (4), the informer, disclosing this,
may give the information of the crime to concerned Chief District Officer or the
upper level Police Office than that Office which is prescribed to register the
information. The Chief District Officer or the Police personnel of the Police Office
receiving such information shall keep the record of this, and with necessary
directions, forward in writing the information of such crime to concerned Police
Office for necessary actions.
(6) The concerned Police Office shall register as per Sub-Section (4) the
information of the crime received as per Sub-Section (5).
3
4. Arrangement for evidences not to disappear or destroy and perpetrator not to
escape: (1) If any Police personnel receives information about a crime stipulated in
Schedule-1 committed or being committed or going to be committed, then s/he as
soon as possible shall try to make an arrangement to prevent the crime, not to let any
evidence relating to the crime disappear or destroy, and not to let the criminal
escape or flee. In case of the possibility of crime to take place or evidence to
disappear or destroy, or criminal to escape or flee if immediate action is not taken,
then the Police personnel may, as per necessity, go to the jurisdiction of the next
Police Office and take necessary actions in this regard.
Provided that, any action is taken entering into the area of any other Police
Office, that Police Office shall be informed as soon as possible.
(2) A Police personnel may seek help from any person or authority in order
to prevent from any crime, stop any evidence to disappear or destroy, or to arrest
the perpetrator.
5. Giving information to concerned Office if the crime has taken place in the area
of any other Police Office: If the information received in any Police Office relating
to any crime stipulated in Schedule-1, shows that the crime is committed, being
committed or going to be committed in the area of any other Police Office, then the
Police Office receiving such information shall as soon as possible forward such
information to the concerned Police Office; and the informer shall be notified as per
necessity, to be present in such Police Office.
6. Sending preliminary report: (1) Before starting investigation of any crime as per
Section 7, the Police personnel undertaking the investigation shall send the
preliminary report relating to the crime to the concerned Government Attorney
Office explaining the matters to be investigated.
(2) After receiving the preliminary report pursuant to Sub-Section (1), the
Government Attorney may give necessary directions relating to the investigation of
the crime to the Police personnel undertaking the investigation.
4
7. Collecting evidence through investigation: (1) If, any Police Office receives
information regarding any crime stipulated in Schedule-1, committed, being
committed or going to be committed, then the Police personnel of at least Assistant
Sub-Inspector level of the Police Office shall, as soon as possible, investigate and
collect evidence.
(2) The Police personnel investigating as per Sub-Section (1) shall prepare
muchulka (recognizance/deed) explaining the following information to the best
possible extent.
(a) description of the crime scene,
(b) situation of the crime scene and the relation of that place to the crime or the
criminal, and
(c) any other remarkable thing seen or found at or around the crime scene.
(3) Apart from preparing the muchulka (recognizance/deed) pursuant to Sub-
Section (2), the investigating Police personnel may, to the best possible extent, also
take the picture of the place, collect the finger print or the foot mark or any other
important fact seen or found in the crime scene.
(4) The investigating Police personnel shall take into possession any
document or object relating to the crime.
(5) While investigating pursuant to this Section, if the concerned Police
personnel seek the advice of the Government Attorney, it shall be the duty of the
Government Attorney to provide the advice.
8. Keeping in presence: In the course of any investigation, while preparing a
muchulka (recognizance/deed) relating to the situation of any house or place, or
while making a search of any individual, object or place, or while examining a
corpse, at least two local people present in the place and a member of concerned
Village Development Committee or Municipality, or if such member is not
available, then any civil servant of the Government Office and accused if available
and the informer of the crime shall be kept in presence (Rohabar).
5
Provided that, such action shall not be considered invalid only on the ground that the
accused or the informer of the crime have not been kept in presence.
9. Taking statement and inquiry: (1) The investigating Police personnel relating to
the crime stipulated in Schedule-1 shall take the statement of the concerned accused
in front of the Government Attorney.
(2) The investigating Police personnel may inquire a person and if deems
necessary, record the statement of such person if the person is suspected in relation
to any crime or there is reasonable groud to believe that the person possesses
important information about the crime.
10. Search: (1) If the investigating Police personnel, in relation to any crime, find
reasonable ground to suspect a person or place to have possessed any person or
physical evidence in relation to the crime, s/he may search the person or place in the
prescribed manner.
Provided that, the act of search of a woman shall be conducted only by a
woman police or any other woman.
(2) If the person or place to be searched falls under the jurisdiction of any
other Police Office, the investigating Police personnel may make a written request
for the search of such person or place to such Police Office, and if such request is
made, the Police personnel of at least Assistant Sub-Inspector level of the Police
Office receiving such request shall make search of such person or place and send to
the requesting Police personnel the muchulka (recognizance/deed) prepared
pursuant to Sub-Section (3).
Provided that the Police personnel conducting investigation deems that while making such
a written request to another Police Office may cause any evidence disappear or destroy,
s/he him/herself may go and search the person or place pursuant to this Section and inform
about to the concerned Police Office.
(3) The personnel conducting such search shall prepare two copies of
muchulka (recognizance/deed) regarding the description of the objects found
relating to the crime in the search, the place where such objects were found and their
6
condition as and when found; give a copy of it to the concerned person and keep a
copy in the case file. If the personnel conducting search wants to take some object
with him/her, s/he shall take the object only by giving a receipt of it to the
concerned person.
11. Examining the corpse: If any information is received about a death caused by
homicide or by accident or by suicide or in a suspected circumstance as a result of
any crime in the area of any Police Office, at least the Police personnel of the Sub-
Inspector level of the Police Office of that area shall, as soon as possible, go to the
place where the corpse was found, examine the corpse and prepare a muchulka
(recognizance/deed) disclosing the following information to the best possible extent,
and if possible, take the photo of the corpse and the concerned place:
(a) description of the corpse identifying it,
(b) place where the corpse is lying and the condition of the corpse,
(c) if any wound, injury, bruise or discolored spot is seen on the corpse,
description of each of such wound, injury, bruise, or contusion with
their place, length, breadth and depth,
(d) possible means causing the death and symptoms thereof seen on the
corpse,
(e) any other symptom seen on the corpse that may be helpful in tracing
the cause of death, and
(f) any other remarkable fact.
(2) Notwithstanding anything contained in Sub-Section (1), this provision
shall not hinder the examination of corpse by the authorized person pursuant to no. 2
of the Chapter on Homicide of General Code (Muluki Ain).
(3) While examining the corpse as per Sub-Section (1), if the death seemed to
have been caused as a result of any crime, or occurred in suspicious circumstance,
the concerned Police personnel shall send the corpse for autopsy to the Government
Medical Practitioner in Government expense.
7
(4) If the corpse is seen or found to have decomposed to be unable for
examination, the concerned Police personnel shall prepare a muchulka
(recognizance/deed) explaining the same and it shall not be required to carry on the
process mentioned in Sub-Section (3).
(5) After the examination of corpse or preparation of muchulka
(recognizance/deed) pursuant to Sub-Section (4), the concerned Police personnel
shall handover the corpse to the claimant taking a receipt. If the claimant refuses to
receive the corpse or no claimant is present, then the concerned Police personnel
shall cremate the corpse in the Government expense pursuant to the Police Act.
12. Examining blood, semen etcetera: From the nature of the crime, if there is
reasonable ground to believe that examination of blood, semen or any organ of body
or any other thing of the person arrested may produce evidence relating to the crime,
the investigating Police personnel may examine such blood, semen, organ or any
other thing by a Government Medical Practitioner or in laboratory.
Provided that if it is necessary to examine the body-part of a woman it shall
be conducted if possible, by a female Medical Practitioner or by a woman at the
instruction of a male Medical Practitioner.
13. Taking opinion of expert: The Police personnel investigating the crime may take
the opinion of expert relating to any aspect of the crime, if s/he deems so necessary.
14. Arrest: (1) Police personnel conducting investigation relating to any crime under
this Act may arrest a person if there is reasonable ground to suspect about the
involvement in the crime, and the person so arrested shall not be detained without
giving the notice explaining the cause of arrest.
(2) Any witness to a crime may take into custody of the person committing
the crime and hand over that person to the nearby Police Office.
(3) In case, it requires arresting a person pursuant to Sub-Section (1) an order
shall be given to him/her to voluntarily surrender explaining the cause of the need
8
for such arrest. If such person does not surrender and tries to escape or avoid the
arrest, then the Police personnel may use force to arrest such person.
(4) Incase it requires to arrest a woman, as far as possible, woman police
personnel shall be caused for the same.
(5) While conducting a body search of the arrested person, the Police
personnel involved in arrest shall take into possession any evidential document or
any other object or arms and ammunition, weapons recovered in such search and
prepare a muchulka (recognizance/deed) thereof.
15. Limitation of the period of detention for investigation and its procedure: (1) No
person shall be detained for more than twenty four hours for investigation purpose
unless otherwise provided in this Section.
Explanation: The period of journey, be taken for the detainee to produce before the
court to bring to the Police Office or from Police Office to the court pursuant to Sub
Section (2), shall not be included in the period of detention for the purpose of this
Section.
(2) In the course of investigating a crime stipulated in Schedule-1, if it is
deemed that the investigation relating to the person arrested and detained may not be
completed within twenty four hours and that the investigation has to be continued
keeping him/her in detention, then the investigating Police personnel shall keep
him/her in detention by taking the permission of the court producing that person
before the court. While seeking remand of this kind from the court, the charge
against the detainee with the grounds, reason for investigation to be continued by
keeping him/her on remand, and if his/her statement has been recorded, the details
of the statement shall be clearly specified.
(3) While the person produced before the court for the permission of remand
pursuant to Sub-Section (2) may make an application to the court for his/her
physical examination.
9
(4) If the permission of remand is sought pursuant to Sub-Section (2) by
reviewing the documents, considering whether the investigation is being conducted
in a satisfactory manner, and if it is found to have been carried out in satisfactory
manner, the court may grant a remand of maximum twenty five days at once or time
and again.
16. Identification: (1) If any accused has to be identified in any case, Police personnel
of at least Assistant Sub-Inspector level may make such identification in accordance
with the prevailing laws.
(2) The Police personnel of at least Assistant Sub-Inspector level may make
identification of any material evidence or objects related to any case by following
the prescribed rules.
17. Submitting report with opinion: (1) After the completion of the investigation of
any crime stipulated in Schedule-1, if the investigating personnel finds that the
crime had occurred, but deems the evidence insufficient to prosecute all or some
accused, s/he shall explaining that, and if s/he does not find that the crime had taken
place or though the crime had taken place, the accused could not be identified or the
evidence are insufficient to prosecute any accused, s/he explaining that and with
his/her opinion, if the case does not have any detainee then fifteen days before the
limitation as per the concerned law, and if the detainee is there in the case, then
taking into consideration the time needed to decide about whether the case is fit to
be filed or not, and the time needed to prepare and file the charge sheet before the
court, Submit the original and a copy of the file and material evidence to the Office
of the Government Attorney.
(2) Having received the file with the opinion of the Police pursuant to Sub-
Section (1) the Government Attorney shall study the documents and send them to
the Attorney general for final decision as to whether to file a case or not.
Provided that, if the Attorney general has delegated the authority to the
Government Attorney pursuant to Clause (5) of the Article 110 of the Constitution,
10
conferred to him/her by the Clause (2) of same Article, then the concerned
Government Attorney shall make decisions in accordance with the delegated
authority.
(3) During the study of file to decide pursuant to Sub-Section (2) whether a
case is fit to be filed or not, if the Government Attorney deems it necessity to collect
additional evidence or to inquire any person, then s/he may give direction to the
investigating Police personnel to collect such evidence or to inquire with such
person. It shall be an obligation of the concerned Police personnel to abide by such
direction.
18. Filing charge sheet: (1) In the context of making decision pursuant to Sub-Section
(2) of Section 17 as to whether file a case or not, if the study of the file suggests
that a case may be filed, then the Government Attorney shall prepare the charge
sheet in the prescribed format stipulating the following information and Submit it to
the concerned court along with evidence (exhibits) and any objects relating to the
crime, and if there is any detainee, also with that charge sheet:
(a) full name, surname and address of the accused,
(b) description of information of crime,
(c) description relating to crime,
(d) charge on the accused and evidence thereof,
(e) concerned law,
(f) punishment to be inflicted to the accused, and
(g) if there is any compensation to be paid to victim, the amount of such
compensation.
(2) While specifying the charge in the charge sheet pursuant to Sub-Section
(1), if the crime has a nomenclature in the prevailing laws, it shall be mentioned
accordingly. In case of the crime without any nomenclature in the prevailing laws,
elements of the crime shall be clearly mentioned so that the accused can clearly
understand the charges made against him/her.
11
(3) If the accused has to bear more punishment on the reason that s/he had
already received punishment before on any other crime, the date of such punishment
and the name of the court inflicting such punishment shall be mentioned.
(4) While filing charge sheet before the court pursuant to Sub-Section (1), if
any approval is needed from the Government of Nepal or authorized Officer of the
Government of Nepal or any Officer prescribed by law, the document of such
approval, file of investigation and the evidences found during investigation shall
also be Submitted; and if the accused has been arrested, s/he shall also be produced
before the court.
19. Keeping Safe: In case, the Government Attorney decides not to file the case, the
case file and objects relating to evidence (exhibits) shall be sent back to the
concerned Police Office, and the Police shall keep them safe until the prescribed
time.
20. Informing the informer: If any decision is made not to file a case, the concerned
Police Personnel shall inform the informer accordingly.
21. Police may release the person kept in the custody: If any person kept in the
custody for investigation under this Act is deemed not necessary to be kept any
more in custody, the Police personnel may release such person on guarantee of
attendance (Hajeer Jamani) by taking the approval of the Government Attorney as
prescribed, or depending on the situation, by preparing a note with reasonable
grounds even without the approval of Government Attorney.
22. Inquiry of civil case and case filing: (1) Anyone interested to file a case stipulated
in Schedule-2 and the civil case in which the prevailing laws prescribe the
Government as plaintiff, shall mention about the evidences or information s/he has
relating to the case, shall produce the written application or verbal information to
the Officer mentioned in the Nepal Gazette or the Officer prescribed by prevailing
law. In case of verbal information, the concerned Officer shall write it in the form an
application and get the signature of the informer on it.
12
(2) Any application received pursuant to Sub-Section (1), the concerned
Officer shall make cadastral survey or make other inquiries as required, include the
evidence collected to decide whether to file a case or not, and with his/her own
opinion, forward the original and duplicate copies of the file to concerned
Government Attorney of the District fifteen days prior to the limitation for case
filing as provided in the concerned law.
(3) Even if no application is filed by anyone, if the concerned Officer
him/herself finds it reasonable to file a case, s/he shall collect required evidences
and send the file to the Government Attorney by fulfilling the procedures pursuant
to Sub-Section (2).
(4) The concerned Officer, while sending the file to Government Attorney
pursuant to Sub-Section (2) or (3), shall do it taking into consideration the time
needed for Government Attorney to decide whether the case be filed or not, and also
the time needed to file a case by preparing a law suit in case of a decision to file a
case.
(5) Section 17 of this Act shall be applicable to decide whether to file a case
or not for the file received pursuant to Sub-Section (2) or (3).
(6) If the Government Attorney deems it fit to file a case while reviewing the
file received as per Sub-Section (2) or (3), s/he shall prepare a law suit (Firad
Patra) and file a case in the concerned court enclosing evidences.
(7) If the Government Attorney decides not to file a case, then the file and
evidence thereof shall be returned to the concerned Officer and such Officer shall
keep such file and evidence safe until the prescribed time.
23. The Government of Nepal as plaintiff: The Government of Nepal shall be the
plaintiff in the cases stipulated in Schedule 1 or 2, and any person giving
information about such case shall be considered as the witness of the plaintiff.
Provided that in the course of investigation, if the crime or the situation does
not seem to fall under the crimes stipulated in Schedule 1 or 2, and as per law it is
13
deemed that the aggrieved party (person) him/herself has to file a case, then the
Government Attorney, by explaining it and including his/her decision, shall inform
the Police or concerned Officer asking to inform the concerned person about the
decision. On behalf of the person receiving such information, the limitation as per
the prevailing laws shall be counted from the date of the receipt of such information
by him/her.
24. Procedure for appeal or review: (1) In the cases stipulated in Schedule 1 or 2 and
in any Act where the Government of Nepal is mentioned as plaintiff, any application
or appeal or review or of any related matter shall be produced by the concerned
Government Attorney.
(2) Except otherwise provided in Sub-Section (1), in cases where the
Government of Nepal is plaintiff or defendant, any application or appeal, review or
any related matter may be produced by the concerned Officer or the Office incharge
him/herself.
Provided that if the concerned Officer or Office in-charge makes a written
request, the concerned Government Attorney may file an application or appeal or
review on any matter relating to the case.
(3) In any case relating to Governmental affairs in which any civil servant is
plaintiff or defendant, if needed to appeal, review or file an application and the
concerned civil servant is no more holding that post, then such appeal or review or
application may be filed in the name of such person who is in that very post at
present.
25. Filing a complaint or case against the Government of Nepal or any civil servant
and serving summon or notice etcetera: (1) While filing complaint or case
relating to any affair of the Government of Nepal, the Government of Nepal shall be
made party.
(2) In the cases mentioned in Sub-Section (1), the Government of Nepal shall
be served a notice or summon through Government Attorney.
14
(3) In case of a complaint or case against any civil servant relating to
Government affair, the notice or summon shall be served to the concerned civil
servant or the person replacing him/her. In such summon or notice, it will suffice if
the post and the address of the Office are mentioned.
Provided that in case of personal complaint against any civil servant relating
to Government or non-Government affair, any matter of this Section shall not be
applicable while summoning or informing.
26. Giving time period: (1) The court shall provide a time period of seventy days while
providing the period as provided in Sub-Section (1) for appeal in the cases stipulated
in Schedule 1 or 2.
(2) After the expiry of the time period if the concerned party has made an
application to the court with reasonable grounds, the court may provide additional
thirty days in the cases where the time period may be extended as per the
prevailing laws.
(3) If the Government of Nepal requires to file a civil case against any
person, such case shall be filed within the limitation as mentioned in prevailing
laws, and if, such limitation is not mentioned, it shall be filed within two years from
the date of its knowledge of the case o faction.
Provided that, if the prevailing laws do not provide for any limitation to file a
complaint or case and it provides for an unlimited limitation the complaint or case
may be filed at any time.
Explanation: The notice received by concerned Officer of the Government of
Nepal would be considered as the notice received by the the Government of Nepal
27. Determining the concerned person as party: In a case filed under this Act in
which government of Nepal is the plaintiff, if it deems later on that such case does
not fall under Schedule 1 or 2 of this Act the court may issue an order to the
concerned party to appear before the court and if such person agrees to continue the
case, the court may convert such person as a party of the case and shall proceed and
dispose the case from the same case file in accordance with the prevailing laws.
15
28. Mitigation in punishment for complaint: (1) There shall be no punishment for
complain in the cases stipulated in Schedule 1 or 2.
(2) Notwithstanding anything contained in Sub-Section (2), having proceeded
a case in the court by registering complaint, becoming a witness and by credibly
showing evidences to the Government of Nepal, Police personnel or other Officer, if
later on it is found that such fact or evidence are fake, the court may impose the
following punishment:
(a) The witness writing such a fake fact or producing fake evidence may be
imposed a fine of Three Thousand Rupees or Three months of imprisonment or
the both.
Provided that, such penalty or punishment shall not be more than half of the
punishment that may be imposed on the offender of that crime.
(b) If the witness writing such a fake fact or producing fake evidence is deemed by
the court to have acted not on reasonable grounds rather with enmity, the court
may order for compensation of up to Five Thousand Rupees to the acquitted
defendant from the case taking into consideration the situation of the case.
29. Withdrawal of the Government case or reconciliation: (1) In the cases where the
Government of Nepal has to be a plaintiff or where the Government of Nepal has
filed a case or where the Government of Nepal is defendant pursuant to the
prevailing laws, if there is an order of the Government of Nepal, the Government
Attorney, with the consent of other parties, may make a deed of reconciliation or
with the consent of the court, may withdraw the criminal case in which the
Government of Nepal is plaintiff. If so happens, the following matters shall happen
as following:
(c) if reconciliation is done, no one shall be charged any fee for the same.
(d) in case of withdrawal of the case, the criminal charge or the Government claim
ceases and the defendant gets release from the case.
16
(2) Notwithstanding anything contained in Sub-Section (2), if the case has an
effect on the property of any civilian, such case shall not be withdrawn from the
court under this Section.
30. Other works of Government Attorney: (1) The Government Attorney shall
examine the witness and Submit the evidence in the cases stipulated in Schedule 1
or 2 and in any other cases which has concern to the Government of Nepal.
(2) It shall be the duty of the Police to produce the witness and evidence in
the cases stipulated in Schedule 1, through Government Attorney at the expense of
Government on a date fixed by the court.
(3) It shall be the duty of the concerned Officer to produce the witness and
evidence in the case stipulated in Schedule 2 and in the case in which the
Government of Nepal is plaintiff or defendant, through Government Attorney at the
expense of Government on a date fixed by the court.
31. Matters related to cases other than stipulated in Schedule 1 or 2: In the cases to
be filed by the Government of Nepal, except the cases stipulated in Schedule 1 or 2,
if any Officer has been designated by the Government of Nepal or by law to file a
case or to collect evidence, then through that Officer, and if no such prescription
has been made, the concerned Office in-charge shall collect the evidences and
produce to the Government Attorney the file and evidence with his/her opinion
considering the limitation to file law suit (Firad Patra) or charge sheet for a
decision whether to file a case or not.
(2) Sub-Section (2)of Section 17 of this Act shall be applicable to make a
decision whether to file a case or not on the basis of the file received pursuant to
Sub-Section (1).
(3) After receiving the file pursuant to Sub-Section (1), the decision whether
to file a case or not shall be made, and if a case is to be filed, the received file shall
be returned within the period not exceeding the time period to file a case, clearly
mentioning under which law, who shall be prosecuted under which charge.
17
(4) After receiving a decision to file a case from the Government Attorney
pursuant to Sub-Section (3), charge sheet or law suit (Firad Patra) shall be prepared
and get it signed by the person designated by the prevailing laws and if there is any
detainee, s/he shall be produced before the court and the case shall be filed within
time period; and a duplicate copy of the file shall be made available to the
Government Attorney.
(5) In case the Government Attorney decides not to file a case, the file shall
be kept safe until the prescribed period.
32. Sending to the concerned authority: Notwithstanding anything contained
elsewhere in this Act elsewhere, if any case presumably coming into the cases
stipulated in Schedule 1 or 2 is found later on, in the course of investigation not to
be falling under this Act, it may be forwarded to the concerned authority.
33. Government Attorney to plead: (1) In the cases stipulated in Schedule 1 or 2 and
in any case in which the Government of Nepal is specified in law to be a plaintiff,
the Government Attorney shall plead and defend. Other than this, in the cases in
which the Government of Nepal has been made defendant or it has filed a case by
being a plaintiff, the Government Attorney may plead and defend if any request is
made by the concerned authority.
(2) In any case other than stipulated in Sub-Section (1) concerning the
Government of Nepal, if the concerned Officer directly requests the Attorney
general for defense, the Attorney general may designate the Government Attorney
for pleading or defense in such case.
34. Power of the higher authority: The functions, which may or has to be carried out
by a Government Attorney or the Police Personnel pursuant to this Act or Rules
framed there under , may be carried out by the following Government Attorney or
Police Personnel:
(a) the Police personnel of the higher rank of the same area or any Government
Attorney of the higher rank.
18
(b) at the request of such Police personnel, by the Police personnel of the same
or higher rank from another Police Office or Government Attorney of higher
rank from another Office.
35. Alteration in the Schedules: The Government of Nepal, by producing notice in
Nepal Gazette, may add or delete the cases stipulated in Schedule 1 or 2.
36. Right to frame Rule: (1) The Government of Nepal may frame Rules to
implement the objectives of this Act.
(2) The Rules may be formed in the following sectors, not making any
adverse effect in the universality of the powers stated in Sub-Section (1):
(a) prescribing rights, duties and obligations of the Government Attorney,
(b) Filing and defending a case in which the Government of Nepal,
(c) Matters relating to investigation
37. Repeal: Government Cases Act, 2017 is, hereby, repealed.
38. Change: §..............................
§ Deleted by Some Nepal Acts Amendment Act, 2055
19
Schedule- 1
1. case related to the Attempt on Throne or life of the Royal Family.
2. Case punishable under Crime Against the State and Punishment Act, 2046
3. Case punishable under the Chapter on Homicide of the General Code (Muluki Ain )
4. Case punishable under the Chapter on Rape of the General Code
5. Case punishable under the Chapter on Theft of the General Code (other than Adultery)
6. Case of arson or attempted arson of a house or Government documents.
7. Case relating to cow slaughter (gobadh) or the case punishable under no. 8 of the Chapter
on Cattle of the General Code.
8. Case of damaging or misappropriating Government or other public property
9. Case relating to weapons and arms and ammunition
10. Case punishable under the Chapter on Counterfeit Currency of the General Code.
11. Case of forgery of the Government seal/signature or any paper with such seal/ signature
or any paper with the signature of a government, irrespective of whoever possesses those
documents.
12. Case of Proselytizing (Dharma Paribartan) or attempted proselytizing by creating
disturbance in any other religion or getting people converted or an attempt of that.
13. Case relating to gambling.
14. Case punishable under the Chapter on Trafficking of Human Being of the General Code.
15. Case punishable under Postal Act, 2019.
16. Case punishable under Espionage ( Jasusi) Act, 2018
17. Case punishable under Nepal Citizenship Act, 2020
18. Case punishable under Ancient Heritage Protection (Prachin Smarak Samrkshan) Act,
2013
19. Case of forgery or deceiving arisen out of any case stipulated under Schedule 1 or 2 of
this Act.
20. Case punishable under Some Public (Offence and Punishment) Act, 2027
20
21. Case punishable under Narcotic Drugs (Control) Act, 2033
22. Case punishable under Necessary Service Regulation Act, 2014
23. Case punishable under Black Marketing and Some Other Social Crime and Punishment
Act, 2032
24. Case punishable under Disabled People Protection and Welfare Act, 2039
25. Case punishable under Privacy of Documents Act, 2039.
26. Case punishable under Passport Act, 2024
27. Case punishable under the Chapter on Cheating of the General Code.
28. Case punishable under no. 2 of the Chapter on Matrimony of the General Code and case
punishable under no. 10 of the same Chapter relating to polygamy practiced in any way.
29. ª..............................................
30. Except the case punishable under the Chapter on Homicide and Cattle (four-footed
animal), the case punishable under prevailing laws relating to transportation when human
being, cow, ox and bull have been killed.
30a. case punishable under section 10b of Adal of general code.
31. Case punishable under Human Trafficking (Control) Act, 2064
32. Case of Peculation or misappropriation of cash or kind of bank or autonomous body with
full or partial ownership of the Government of Nepal, in collusion or without such
collusion with the staff of the concerned bank or body by any person.
33. Case of forgery and cheating by Submitting forged documents at a bank or any other
autonomous body under full or partial ownership of the Government of Nepal.
34. Case of Pick Pocketing.
35. Case stated in any Act as "to be considered to have been included in this Schedule"
Cases which shall be included within this provision:
ª
deleted by Foreign Employment (Second Amendment) Act, 2054
Inserted by by Some Nepal Acts Amendment Act, 2063
21
a. Case pursuant to Clause 1(a) of Sub-Section (1) of Section 17 of
Education Act, 2028.
b. Corruption case under Commission of the Investigation of Abuse of Authority
Act, 2048 (with Second Amendment of the Act).
c. Case under Forest Act, 2049.
d. Case under The Act Relating to Electoral Rolls, 2063.
e. Case pursuant to Sub-Section (5) of Section 47 of Telecommunication Act,
2053 (Act effective from 2054.07.18).
f. Case under Consumer Protection Act, 2054.
g. Case under Transplant of Human Organ (regulation and restriction) Act, 2055
(Act effective from 2058.10.22).
h. Case under Animal Health and livestock Act, 2055
i. Case under Iodized Salt (production and distribution) Act, 2055
j. Case under Animal Slaughter House and Meat Inspection Act, 2055
k. Case under Electricity Theft Control Act, 2058
l. Offense pursuant to Section 95 of Nepal Rastra Bank (Central Bank) Act, 2058
m. Case under Chapter- 23 of Income Tax Act, 2058
n. Case under Section 27 and Section 28 of Copyright Act, 2059
36. Any other criminal cases in which the Government of Nepal is plaintiff under this
Act as specified by the Government of Nepal by notification in Nepal Gazette from
time to time.
¨ Case of deformity (maiming) or injury of any human being by a vehicle.
Case under Necessary Goods Protection Act, 2012
Cases included:-
a. Case under Explosive Substance Act, 2018.
¨
Inserted by the notice of Nepal Gazette on 2050.04.32
Inserted by the notice of Nepal Gazette on 2050.10.11
Inserted by the notice of Nepal Gazette on 2055.03.29
22
b. Case pursuant to Section 9.a of Civil Aviation Act, 2019.
c. Case under Donation (Chanda) Act, 2030.
d. Case of Deformity (maiming) under chapter on Battering (kutpit) of
General Code.
Case under Lottery Act, 2025
Offense of publication without certificate pursuant to Section 7 and Offense pursuant to
Section 14 and 15 of Press and Publication Act, 2048
Case punishable under Chapter on Etiquette (Adal) of General Code.
Schedule-2
1. Case relating to Government Land Concealment.
2. Case relating to Concealment of Land Tax.
3. Case under no. 2 and 3 of the Chapter on Etiquette (Adal) of the General Code.
4. Case under no. 35 of the Chapter on Transaction Behavior of the General Code.
5. Case under no. 12 of the Chapter on Land Cultivation of the General Code.
6. Case under no. 16 of the Chapter on land allocation of the General Code.
7. Case under no. 17 of the Chapter on Inheritance of Heirless Property of the General
Code.
8. Case under no. 1 of the Chapter on Hidden (Welfare) Treasure of the General Code.
9. Case relating to Concealment of Government money or locus standi of the Government.
10. The civil cases in which the Government of Nepal determines itself to be plaintiff by
publishing notice time to time in the Nepal Gazette.
Inserted by the notice of Nepal Gazette on 2056.04.25
Inserted by the notice of Nepal Gazette on 2057.01.12
Inserted by the notice of Nepal Gazette on 2060.04.12
No comments:
Post a Comment