Section 14: Period during which one may be held in detention for investigation, and procedures relating thereto

1) After a person has been arrested under this Chapter for investigation into any offence, the person shall be produced before the adjudicating authority as soon as possible within twenty-four hours.

2) No person shall be held in detention in contravention of sub-section (1).

3) If it is necessary to hold any person in detention for a period exceeding that set forth in sub-section (1), the investigating authority shall make an application for remand, accompanied by the reasons and grounds for such detention, to the adjudicating authority through the government attorney office.

Explanation: For the purposes of this Section, the period required for the journey from the place of arrest to the police office or from the police office to the court for the purpose of producing the person arrested before the adjudicating authority within twenty-four hours shall not be counted.

4) The application made by the investigating authority to the adjudicating authority pursuant to sub-section (3) shall clearly state the charge made against the detained person, grounds of such charge, reason for detaining him or her for investigation and details according to his or her deposition, if made.

5) A person who is produced for a remand for detention pursuant to sub-section (2) may, if he or she so wishes, make an application to the adjudicating authority for the physical examination of his or her body.

6) If the investigating authority requests for a remand for detention of a person pursuant to sub-section (3), the adjudicating authority may remand such person in detention for a maximum period of twenty-five days at one time or several times if, upon studying the relevant documents and also upon hearing the pleadings of the legal practitioner concerned, if considered necessary, the adjudicating authority thinks that it is necessary to keep on detaining such person for investigation.

7) Notwithstanding anything contained in sub-section (6), both the investigating authority and the government attorney may submit to the adjudicating authority a report, along with the reason, that investigation into any offence related to assault on the President, espionage, giving provocation to the desertion of a soldier, waging war against the State of Nepal, assistance to the army of a state involved in a war against Nepal, explosives, kidnapping or hostage taking, out of the offences under Schedule-1, cannot be completed within the period given under sub-section (6).

8) If a report referred to in sub-section (7) is submitted, the adjudicating authority may, having regard to the status of investigation, remand the accused person in detention for a maximum of additional fifteen days at one time or several times.

9) Provided that no person accused of any offence may be held in detention for a period exceeding the term of imprisonment that is imposable on him or her if he or she is held guilty thereof. In issuing a remand order pursuant to sub-section (6) or (8), the adjudicating authority shall execute a memorandum, accompanied by the reasons therefor.

10) Notwithstanding anything contained elsewhere in this Section, if the investigating authority, in view of the nature of the offence, thinks it reasonable to conduct investigation without holding in detention a woman with pregnancy of more than seven months, a child, and a person over 75 years of age, such authority may conduct investigation by remanding such woman, child or person on recognizance, and executing a memorandum to that effect, accompanied by the reasons therefor.