Section 19: Proceedings may be initiated by detaining into the custody

1) Notwithstanding anything contained in the prevailing laws, the Officer involved in the Investigation and inquiry may detain an offender under the Act in custody by giving him/her a warrant as per the prevailing law if there is adequate ground to believe that the person, against whom proceedings have been initiated as per this Act, may extinct or destroy any evidence or create hindrances or obstacles or impact adversely in the proceeding of investigation and inquiry of it or on the basis of the evidence existent presently, if there is reasonable ground to believe that a person, not having residence in Nepal, is the offender of banking offence who can be subject to imprisonment up to 6 months or above.

2) In case the investigation and inquiry initiated in regard to the person detained in custody as stipulated under sub-section (1) above could not be completed within 24 hours and it is deemed necessary to continue the investigation and inquiry process by detaining him/her further in custody, the investigation and inquiry officer shall detain further only after obtaining approval from the adjudicating officer getting the person in presence before the adjudicating officer.

(3) While requesting the adjudicating officer for approval as stipulated under sub-section (2) above, the charges against the person detained in the custody, basis thereon, justification for continuing the investigation and inquiry proceedings by detaining him/her in the custody and description of the affidavit of statement obtained, if any taken from him/her, shall have to be clearly mentioned.

4) If approval for detention as stipulated under sub-section (2) above is sought for detention, the adjudicating officer may, considering, after reviewing the concerned documents, whether the investigation and inquiry progress has been satisfactory or not, grant approval for detention up to a period of maximum ¹sixty days at a time or in multiple instances but not exceeding ¹seven days at a time if progress in the investigation and inquiry proceedings deemed to be satisfactory.

^{1 Amended by the First Amendment.}