Section 44: Exemption from sentence for making allegation or complaint

1) No person shall be liable to sentence for making any allegation or complaint in connection with any case under Schedule-1, Schedule-2 or Schedule-3.

2) Notwithstanding anything contained in sub-section (1), if, after the case has been instituted in the court consequent upon investigation into the case based on the allegation or complaint made by any person, standing as a witness and showing any matter, evidence or proof to the belief of the Government of Nepal, police employee or other authority, such matter, evidence or proof turns out to be false or fabricated on the basis of a report, complaint or deposition made by any person or the deposition of any witness or informant or any other ground, the court may examine the evidence from the same case-file and do the following:

(a) To sentence the witness who has made a false statement or fabricated deposition to imprisonment for a term not exceeding three months or a fine not exceeding five thousand rupees or both the sentences,

Provided that such sentence of fine or imprisonment shall not exceed half the sentence that may be imposed on the offender.

(b) In the event of the court being of the opinion that the informant has made such false allegation or produced false or fabricated evidence being guided by premeditation or jealousy without the existence of any reasonable ground for making the allegation, to cause a reasonable compensation, in view of the nature and circumstance of the case, to be paid by such witness to the defendant to be acquitted, in relation to the same case.

Provided that if such person furnishes a reasonable reason for the report or witness made by him or her to be prejudicial, no compensation shall be awarded.