Section 63: Service of arrest for warrant

1) The court shall issue a warrant for arrest in triplicate, and the warrant for arrest shall, if practicable, be served personally on the person warranted.

2) The person warranted shall acknowledge the warrant for arrest issued pursuant to sub-section (1)

3) If the person warranted cannot be found to serve the warrant for warrant being served pursuant to sub-section (1), the warrant may be delivered to any of his or her joint family members who has completed at least eighteen years of age.

4) If the concerned person or any joint family member is not found pursuant to sub-section (3) or, despite being found, such person or family member refuses to acknowledge the warrant, the serving employee shall affix one of the duplicates of the warrant to the house-door of that person in the presence of a member of the concerned ward of the Local Level and of at least two local persons, who as well as the serving employee shall affix signature or thumb impression thereon, and deliver one copy thereof to the concerned ward office of the Local Level and submit one copy of the served warrant for arrest to the court.

5) The concerned ward committee of the Local Level shall affix to its notice board a notice corresponding to the warrant for arrest received pursuant to sub-section (4).

6) If at least two local persons and at least one member of the concerned ward committee of the Local Level certify that the person to be arrested pursuant to the warrant for arrest issued under sub-section (5) does not reside in the place specified in the warrant, the warrant for arrest shall be returned to the court, indicating the address of his or her residence, if any, discovered, and indicating the matter to that effect if such address cannot be discovered.

7) If a warrant for arrest is returned pursuant to sub-section (6), the court may direct the warrant for arrest to the place of his or her residence and, as required, issue another warrant for arrest setting out the address, as required, in consultation also with the plaintiff.

8) In serving a warrant for arrest pursuant to this Section, the serving employee shall submit to the court a report containing the date and details of the service.

9) If any court is required to serve a warrant for arrest on a person who is residing in any area outside its jurisdiction, the court shall send the warrant for arrest to the court of that area and cause it to be served through that court, and that court shall cause the warrant for arrest to be served in accordance with this Chapter and return a copy thereof to the court issuing it.

10) If an employee making a report referred to in sub section (8) makes a report setting out the reason for not being able to effect the service of a warrant for arrest in pursuance of the procedures set forth in this Section, the warrant for arrest issued to the concerned person may, notwithstanding anything contained elsewhere in this Section, be served by publishing the warrant in a national daily newspaper owned by the Government of Nepal, and the warrant for arrest so served shall be deemed to have been duly served.

11) In serving a warrant for arrest, the notice sent to the accused person pursuant to sub-section (7) of Section 57 shall also be delivered or, depending on the situation, affixed to the house-door of him or her, together with the warrant for arrest.