Section 31: Investigation report to be sent

1) After the completion of investigation made into any offence under Schedule-1 or Schedule-2, the investigating authority shall prepare an investigation report, in the form referred to in Schedule-19, accompanied by the originals and duplicates of the documents, and exhibits and evidence contained in the case-file, setting out under which law any or all of the persons suspected of committing the offence shall be punishable if it appears that there is sufficient evidence to make indictment against such accused, and setting out the relevant matter if it appears that the offence has not been committed or in spite of the commission of the offence, the accused cannot be traced out or that there is no sufficient evidence to make indictment against any accused, and send such report to the concerned government attorney office.

2) The report referred to in sub-section (1) shall be sent at least fifteen days in advance of the expiry of the statute of limitation under the relevant law in relation to a case not involving a detainee, and normally three days in advance of the day for filing a case, also having regard to the time required to make decision of whether or not to institute the case and the time required for preparing a charge sheet and filing it in the court, in relation to a case involving a detainee.

3) Upon receipt of the casefile, together with the investigation report pursuant to sub-section (1), the concerned government attorney office shall study the case-file, evaluate the proofs and evidence collected in the course of investigation, and send it to the Attorney General for decision to or not to institute the case.

Provided that where the Attorney General has delegated his or her power to decide to or not to institute the case to the subordinate officer, such casefile shall be sent to the concerned officer.

Explanation: For the purposes of this Section, the term “subordinate officer” means the government attorneys under the Attorney General, and this term also includes, unless otherwise provided in the Constitution, any such officer or employee of the Government of Nepal as authorized by the Attorney General to institute any other case involving the Government of Nepal as the plaintiff.

4) If, in studying a case-file in connection with making decision of whether or not to institute a case pursuant to sub-section (3), the government attorney deems it necessary to collect further proof and evidence or conduct further investigation or make further interrogation with any person, the government attorney may direct the investigating authority to collect such proof and evidence or conduct such further investigation or make interrogation with such person and send the same.

5) If the government attorney gives direction to conduct further investigation into the offence pursuant to sub-section (4), the investigating authority shall complete further investigation within fifteen days of the date of receipt of such direction.

6) If the investigating authority thinks that further investigation referred to in sub-section (5) cannot be completed within the time specified in that sub-section and any person is held in detention, the investigating authority may release such person on recognizance, with or without taking guarantee undertaken by a reliable person.

7) If the investigating authority submits a report, accompanied by the reason, to the government attorney under this Section that a case cannot be instituted against any person, and any person is held in detention in the course of investigation, the investigating authority shall keep holding such person in detention until the government attorney makes decision to or not to institute the case.

8) Notwithstanding anything contained elsewhere in this Chapter, where decision has been made not to institute a case on any offence set forth in Schedule-1 because of the absence of evidence but any significant evidence is obtained subsequently, investigation into such offence may be conducted again and the charge sheet may be filed.