Section 53: Complaint may be made

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1) Except as otherwise provided in this Act, the following person may file a complaint in relation to any offence in the court:

(a) A person who has suffered injury from the offence,

(b) In the case of any matter requiring compliant by a public servant who is deputed elsewhere or abroad in the course of his or her employment, any of his or her immediate successors,

(c) In relation to any act or thing required to be done or preserved by any person by virtue of any post, office or any other capacity, the person holding such post, office or capacity,

(d) In relation to any matter in which a person with speech or visual impairment, child or person over seventy-five years of age or person who is physically or mentally incompetent is entitled to make complaint, his or her successor living in the joint family and, failing such successor, any other successor or guardian,

(e) In relation to any offence involving anybody corporate, the director, member, administrator or chief executive officer who is authorized to act as the chief of such body.

2) A complaint referred to in sub-section (1) shall state the following matters and be in the form referred to in Schedule-21:

(a) The name, surname, address (including the street), description, age, occupation or business of the accused, the name of his or her father, mother, husband or wife,

(b) The citizenship, passport, driving license of the accused or his or her other descriptions that could enable to find him or her easily,

(c) The Village Body or Municipality where the accused is residing or staying, ward number, village, street, block number, if available, and other descriptions of the accused to the extent of availability,

(d) If the accused is staying in a rented house, the name, surname and address of the house owner, to the extent of availability,

(e) If the accused has no permanent abode, the name, surname and address of the owner of house where the accused is staying,

(f) The particulars related to the offence,

(g) Where the offender has committed more than one offence at the same time, each count of charge made against him or her, and evidence related thereto,

(h) The relevant law to be applied, and the reason for the same,

(i) The sentence demanded to be imposed on the accused, and the ground for the same,

(j) The injury caused from the offence, and if compensation has to be recovered from the accused, the amount of such compensation and the ground for the same,

(k) Other necessary matters.

3) Any complaint referred to in sub-section (1) shall be accompanied by such number of copies of the complaint as that of the accused and one copy each of the documentary evidence intended to be produced by the complainant.

Provided that it is not required to submit copies of the complaint and documentary evidence in a case in which the Government of Nepal is plaintiff.

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