Section 112: Summons or warrant for arrest may be issued to witness ought to be examined

1) A party to the case may make a petition, accompanied by the reasons for the same, that a summons be issued to enforce the attendance of any witness who is related with criminal case in which the Government of Nepal is plaintiff but who does not appear on the day appointed by the court for appearance for the examination of evidence and the examination of such witness is expedient in view of the gravity of the offence or the production of any document or exhibit by such witness.

2) If a petition referred to in sub-section (1) is made and the court considers such petition to be reasonable and perceives that the examination of such evidence is necessary, the court may summon such witness to appear before the court within a maximum period of fifteen days and examine him or her.

3) If a summons is issued pursuant to sub-section (2), such witness shall appear within the specified time-limit, except for a reasonable reason.

4) If a witness fails to appear within the time-limit specified pursuant to sub-section (3), the court may impose a fine not exceeding two thousand rupees on such witness, issue a warrant for arrest and take deposition of such witness when he or she is so arrested and brought before it.

5) If any witness is not found or cannot be arrested even upon the issuance of a warrant for arrest pursuant to sub-section (4), the court shall pass judgment in the case, awarding a sentence of imprisonment for a term not exceeding forty-five days, based on the evidence examined, subject to the enforcement of the sentence as and when such witness is arrested or found.

6) A summons or warrant for arrest issued pursuant to this Section shall be served pursuant to Chapter 6.