Section 115: Witness or evidence may be examined even outside the State of Nepal

1) If any court needs to examine any witness or evidence that is outside the State of Nepal or issue a commission to that effect in relation to any case pending before it, the examination of such witness or evidence or the issuance of such commission may be effected in accordance with the law in force on mutual legal assistance.

2) The form of commission to be used pursuant to sub section (1) shall be as set forth in Schedule-41.

3) The witness or evidence examined pursuant to sub section (1) shall be deemed to have been examined in accordance with this Act.

Provided that details of the witness or evidence so examined shall be certified in accordance with the law of the concerned country.

4) If the examination of a witness or evidence required to be examined or has been examined pursuant to this Section in a language other than the Nepali language, an authentic translation of the record of such examination or evidence into the Nepali language shall be submitted to the court.

5) If it is necessary to examine any witness from outside the State of Nepal or make his or her deposition in the course of investigation or trial of any case, such deposition may be conducted by means of video conference or other similar technology as prescribed for that purpose.

6) Arrangement shall be made for keeping records of the deposition made by the witness in the course of witness testimony or deposition conducted in accordance with sub-section (5).

7) Notwithstanding anything contained elsewhere in this Chapter, nothing shall be deemed to prevent the trying and settling of a case by the reason only that evidence cannot be examined pursuant to this Section.