Section 64: Warrant for arrest or summons may be issued to or served on accused residing in foreign country

1) Notwithstanding anything contained elsewhere in this Chapter, if a warrant for arrest is to be issued to or a summons is to be served on a person who is accused of an offence sub judice in any court and staying or residing in a foreign country, the warrant for arrest or summons may be issued to or served on such person in accordance with the law in force on mutual legal assistance.

2) If the Government of Nepal receives information as to the service of a warrant for arrest or summons issued pursuant to sub-section (1), it shall give such information to the concerned court.

3) If a warrant for arrest or summons issued pursuant to sub-section (1) cannot be served, such warrant or summons may be served by publishing it in such national daily newspaper as owned by the Government of Nepal or broadcasting it through electronic communication media.

4) If a warrant for arrest is issued or summons served pursuant to sub-section (1), such warrant or summons shall be deemed to have been duly issued or served in accordance with this Act.

5) If a warrant for arrest is issued pursuant to sub-section (1) and the police of the concerned country arrests and hands over the accused to any police office, the accused shall be produced before the concerned court as soon as possible but not later than twenty-four hours, excluding the time required for journey.

6) Notwithstanding anything contained elsewhere in this Section, nothing shall prevent the institution of proceeding and adjudication of a case by the reason only that the warrant for arrest or summons could not be issued to or served on any person staying or residing in a foreign country, in accordance with this Section.