Section 52: Commencement of proceedings by the court upon filing of cases

1) Except as otherwise provided in this Act, the court shall commence proceedings in a case related to any offence upon its filing in the court pursuant to this Chapter.

Provided that:

(a) On an offence of disregarding a court order or contempt of court in any other manner, the court can proceed the case even upon taking a summary statement or written explanation of the accused or upon any other petition or report,

(b) Where, in examining evidence in a case by the court, any party makes deposition alleging that any evidence is a forged or fraudulent one, the case may, on the basis of that deposition, be proceeded on the offence of fraud or forgery or on the offence of aid and abetment, making criminal conspiracy or accomplice to such offence, from the same casefile.

2) Except in cases where the proceedings of case have commenced, pursuant to clause (b) of the proviso to sub-section (1), on the charge of committing any offence referred to in Section 81 or 82 of Chapter-3, Sections 89, 90, 91, 92, 93, 97, 98 or 100 of Chapter-4, of Part-2 of the Penal Code, or abetment of, criminal conspiracy to, or being accomplice to, any such offence, the court may, if it thinks justifiable to institute the case on the basis of a petition, report, deposition or any separate complaint, proceed the case by executing a memorandum of order, accompanied by the reason therefor.

3) Any case set forth in sub-section (2) shall be proceeded and adjudicated in conjunction with the case of the main offence.

4) Notwithstanding anything contained elsewhere in this Chapter, except with the written approval of the Government of Nepal or departmental head, no case shall be instituted accusing any employee of the Government of Nepal of any offence alleged to have been committed by such employee while acting in the discharge of his or her official duty.

Provided that if any employee commits any offence by doing any act beyond his or her official duty, approval of the Government of Nepal or departmental head shall not be required to institute a case on such offence alleged to have been committed by him or her.

5) No case may be instituted against any person on any of the offences under Schedule-1 and Schedule-2, without filing a charge sheet by the government attorney.

6) Notwithstanding anything contained in sub-section (5), the following person may make a separate complaint for the reparation of any injury resulted from any offence:

(a) A person who has suffered injury from the offence,

(b) In the case of any matter requiring compliant by a public servant who is deputed elsewhere or abroad in the course of his or her employment, any of his or her immediate successors,

(c) In relation to any act or thing required to be done or preserved by any person by virtue of any post, office or any other capacity, the person holding such post, office or capacity,

(d) In relation to any matter in which a person with disability, child or person over seventy-five years of age or person who is physically or mentally incompetent is entitled to make complaint, his or her successor living in the joint family and, failing such successor, any other successor or guardian,

(e) In relation to any offence involving anybody corporate, the director, member, administrator or chief executive officer who is authorized to act as the chief of such body.