Article 158: Functions, duties and powers of the Attorney General

1) The Attorney General shall be the chief legal advisor to the Government of Nepal. It shall be the duty of the Attorney General to give opinions and advice on constitutional and legal matters to the Government of Nepal and such other authorities as the Government of Nepal may specify.

2) The Attorney General or government attorneys subordinate to him or her shall represent the Government of Nepal in lawsuits wherein the rights, interests or concerns of the Government of Nepal are involved. Except as provided otherwise in this Constitution, the Attorney General shall have the right to make a final decision as to whether to institute any case on behalf of the Government of Nepal in any court, judicial body or authority.

3) Opinion of the Attorney General must be obtained for withdrawing a case filed on behalf of the Government of Nepal.

4) The Attorney General may, upon invitation by the Federal Parliament or any of its committees, to appear and express his or her opinion on any legal question in such a meeting.

5) In the course of discharging the duties of his or her office, the Attorney General shall have the right to appear in any Court, office and authority of Nepal.

6) The Attorney General shall, in the course of performing his or her duties, have the power to carry out the following acts, in addition to those set forth in clause (2):

(a) to defend, on behalf of the Government of Nepal, any lawsuit in which the Government of Nepal is a plaintiff or a defendant,

(b) to monitor, or cause to be monitored, whether any interpretation given to a law or any legal principle laid down by the Supreme Court in the course of hearing of lawsuits has been implemented,

(c) If a complaint is made alleging that any person held in custody has not been treated humanely, subject to this Constitution or such person has not been allowed to meet his or her relative or through his or her legal practitioner or if information of such matter is received, to inquire thereinto and give necessary directive to the concerned authority to prevent such act.

7) The Attorney General may so delegate his or her functions, duties and powers under this Article to his or her subordinate government attorneys as to be exercised and complied with subject to the specified conditions.

8) In addition to the functions, duties and powers mentioned in this Article, other functions, duties and powers of the Attorney General shall be pursuant to this Constitution and the Federal law.