Section 57: Summons or warrant for arrest to be issued

Estimated reading: 2 minutes 3 views

1) After a complaint has been made pursuant to this Act, the court shall, subject to this Chapter, issue a summons or warrant for arrest, as required, to enforce the appearance of any accused who is not present along with the complaint in a case related to an offence set forth in Schedule-1 and Schedule- 2.

2) The court shall, pursuant to sub-section (1), issue a warrant for arrest to enforce the appearance of the accused of the following offence:

(a) A heinous or grave offence,

(b) An offence of attempt to, abetment of, or criminal conspiracy to, or being accomplice to, any offence set forth in clause (a) or offence of hiding the accused of such offence or aiding such accused to abscond.

3) The court may, as required, issue a summons to enforce the appearance of the accused of any offence other than that referred to in sub-section (2).

Provided that if the court has a reasonable reason to believe that the accused has absconded and his or her arrest is unlikely or the accused fails to appear before the court within the time limit specified in the summons, the court may issue a warrant for arrest pursuant to sub-section (2), in the case of such accused.

4) The court may issue a warrant for arrest to arrest and produce any person who is bound to produce any document, exhibit or evidence required to be produced before the court if there is a reasonable reason to believe that such person is likely to conceal or destruct such document, exhibit or evidence or such person fails to produce such document, exhibit or evidence before the court within the time limit specified in the summons issued pursuant to sub section (3).

5) With the issuance of a warrant for arrest pursuant to sub-section (4), the court may order any employee or police officer to search the place where the document, exhibit or evidence referred to in that Section is kept and produce such document, exhibit or evidence before the court.

6) The employee or police officer referred to in sub-section (5) shall search any place in accordance with Section 18.

7) A summons or warrant for arrest to be issued by the court under this Section to enforce the appearance of any accused shall be accompanied by a notice, in the form referred to in Schedule-22, indicating, inter alia, the contents of the complaint.

Share this Law

Section 57: Summons or warrant for arrest to be issued

Or copy link

Discover Nepal's laws effortlessly. Our user-friendly platform simplifies legal understanding and accessibility, serving individuals throughout the country.
Antimanual

Ask our AI support assistant your questions about our platform, features, and services.

You are offline
Chatbot avatar
What can I help you with?

Federal Election 2082 Portal – NepalLaws

Access a curated collection of legal resources, election countdowns, and simplified explainers for the upcoming House of Representatives elections.