Section 59: Procedure for issuing summons

1) While issuing a summons to an accused person pursuant to this Act, the court shall issue it, specifying the date for making an appearance in the court.

2) The summons referred to in sub-section (1) shall be issued to the accused, in the form referred to in Schedule-26, at least fifteen days before the date specified for his or her appearance, if it is a case other than one under Schedule-4, and in the form referred to in Schedule-27, giving a time-limit of fifteen days if the case is related to an offence set forth in Schedule-4.

3) Where a summons has not been served at least fifteen days in advance of the time-limit specified pursuant to sub-section (2) for making appearance but has been served prior to the time-limit specified for making appearance, and the accused is unable to appear on the date specified, the accused may make a petition to the court, accompanied by the reason for failure to so appear, within fifteen days of the service of the summons, for the specification of another time-limit for making appearance.

4) If a petition is made pursuant to sub-section (3), the court may so specify another date for his or her appearance that such date falls within a period not exceeding fifteen days from the date of such petition.

5) In the case of an accused who does not appear within the time-limit specified in the summons served pursuant to this Section, the court may, if it considers necessary to have the accused arrested and produced before it, issue a warrant for arrest pursuant to the proviso to sub-section (3) of Section of 57.

Provided that if the accused makes a petition showing that he or she was not able to appear within the specified time-limit due to a force majeure event and the court holds the contents of such petition to be reasonable, the court may order the extension of the time-limit for a period not exceeding fifteen days, after the termination of the period of existence of the force majeure event, excluding the time required for journey.

Explanation: For the purposes of this Act, the term “period of existence of the force majeure event” means the following period:

(a) If a person required to appear before the court had to observe obsequies or mourning on his or her own according to his or her tradition, at the demise of any one of him or her, a period of seven days, excluding the time required for journey, after the date on which a period of fifteen days of the death of such person elapsed,

(b) If a person required to appear before the court is a woman and delivered a child, a period of sixty days from the date of delivery, excluding the time required for journey,

(c) If the route remained closed due to flood, landslide or snowfall or means of public transportation did not ply due to declaration of curfew or any other reason during the time-limit specified for appearance before the court, a period of fifteen days, excluding the time required for journey, from the date of resumption of such route or means of public transportation,

(d) If there occurred a calamity such as earthquake or volcano eruption during the time-limit specified for appearance before the court, a period of ten days, excluding the time required for journey, from the date of occurrence of such calamity,

(e) If a person required to appear before the court was kidnapped or taken into hostage by anyone, a period of fifteen days, excluding the time required for journey, from the date of being released from such kidnapping or hostage-taking,

(f) If a person required to appear before the court, because of being unconscious or unable to make movement or seriously ill because of any accident, and thereby being unable to appear within the time-limit specified for the same, was admitted to a hospital recognized by the Government of Nepal for treatment, a period until he or she is discharged from the hospital, not exceeding fifteen days in the case of a party to a case under Schdule-4 and not exceeding three months in the case of a party to any other case.

6) In the circumstances referred to in clauses (a) and (e) of sub-section (5), the concerned person shall, as far as possible, give a notice thereof to the court immediately.