Section 8: Collection of proof and evidence upon making investigation

1) Upon receipt of any information that an offence set forth in Schedule-1 has been committed or is being committed or is likely to be committed, the concerned police office shall, as soon as possible, designate a police employee whose rank is at least assistant sub inspector as the investigating authority and give information thereof to the concerned government attorney office and the higher police office; and the investigating authority so designated shall conduct investigation into such offence.

Provided that a police employee whose rank is at least police inspector shall be designated to investigate into any of the following offences:

(a) Offences set forth in Chapter 1, Chapter 12, Chapter 17, Section 219 of Chapter 18, Sections 230, 231, 232, sub-section (4) of Section 233, Section 235, sub-section (4) of Section 238 of Chapter 19, Section 244 of Chapter 20, Sections 256, 257 and 258 of Chapter 22, of Part-2 of the Penal Code,

(b) Offences related to narcotic drugs, human trafficking and transportation and foreign exchange,

(c) Any other offence so specified by the Government of Nepal by a notification in the Nepal Gazette, taking into account the gravity of the offence.

2) The investigating authority shall, in conducting investigation under this Section, prepare a deed on the scene of crime containing the following matters, as far as practicable, in such manner as to demonstrate the actual description of the offence and the place where the offence was committed:

(a) The date and time when the offence was committed,

(b) The address, description and sketch of the place where the offence was committed,

(c) The circumstance of such place and its connection with the offence or offender,

(d) The exhibits or evidence found or seen at or around the place where the offence was committed, and any other significant matters related to the offence.

3) After preparing a deed on the scene of offence pursuant to sub-section (2), the investigating authority may, as far as practicable, take a photograph of such place and of any fingerprint or footprint, mark or other exhibits seen or found at such place or any other important matter that may be helpful in establishing the guilt.

4) In preparing a deed on the scene of crime pursuant to sub-section (2), thumb impressions as well as identity disclosing details of the offender or accused person, if present, shall also be taken.

5) The investigating authority shall take possession of the exhibits, evidence, object or article related to the offence, if any found.

6) The authority taking possession of any exhibits, evidence, object or article pursuant to sub-section (5) shall give a receipt thereof to the concerned person.

7) Investigation into any of the offences set forth in Schedule-2 shall be conducted by the authority, if any, specified by law to that effect, and, failing the specification of such authority, by the concerned chief district officer or officer level employee designated by him or her.

8) The authority specified pursuant to sub-section (7) shall, in conducting investigation into such offence, fulfil the procedures set forth in sub-sections (2), (3), (4), (5) and (6).

9) In conducting investigation into any offence committed on the same occasion pursuant to this Chapter, investigation into all cases that may be instituted from the acts done on such occasion shall be conducted at the same time.