Prologue (Government Cases Act 2049)

Government Cases Act 2049 was enacted in Poush 2049 B.S. to make appropriate legal provisions for the filing of cases where the Government is the Plaintiff and where the Government is the Defendant.

It repealed the State (Government) Cases Act of 2017 and was amended twice and enforced throughout Nepal.

Attributes and Features

Information of Crime

Section 3 of the Government Cases Act deals with the initial reporting of Criminal Activities also known as FIR or First Information Report. When an Individual becomes aware of a crime, they have a legal and ethical obligation to report it either by verbal means or in writing.

The following information must be included in the Application:

  1. Date, time, and place of the crime committed or being committed or likely to be committed.
  2. Name, address, and description of the person committing the crime
  3. Evidence relating to the crime
  4. Nature of the crime and other descriptions relating to the crime.

If the individual reports the crime verbally, the police officer must document the report read it out to the reporting person, and obtain their signature.

If the Police Offer refuses to register the information and/or the Report, the Informer has the right to provide the information to the Chief District Officer or a Higher Level Police Officer.

They must receive the report/information and forward it to the concerned police office to take the necessary legal initiative. Then, the Police Office must register the Report.

Collection of Evidence

After the Enforcement Agencies such as the Police Office have received information about a crime, they must collect and preserve the related evidence expeditiously.

They must prepare a detailed report or deed of the Crime Scene. It is a formal document that serves as a formal record of the circumstances and the situation of the crime scene.

The Investigators must collect and possess any physical evidence, document, or object of the crime such as Weapons, Tools, Documents, Clothing etc. If the officers face difficulties, they must seek advice from the Government Attorney.

Search

The Investigating Police Personnel can conduct a thorough search of the prescribed place or person if a reasonable doubt exists that the person can have physical evidence related to the Crime.

The Officers must also prepare two copies of the Search Deed describing the objects found during the Crime Search.

Arrest

If the Police Officers have reasonable doubt to suspect the involvement of particular individuals in the crime, they can arrest the individuals by providing them notice explaining the cause of arrest.

Even Witnesses can take custody of the person committing the crime and hand them over to the Nearby Police Office.

An order of Arrest can also be submitted to the concerned individual for voluntary surrender. If they don’t surrender or attempt to escape or avoid the arrest, then physical force can be used.

They can conduct a detailed search of the arrested person and take into possession evidential documents, arms, weapons and prepare its deed.

Report Submission

Before and After the investigation of a Crime, they must prepare and send a Preliminary Report to the Office of Government Attorney along with the important details of the reported crime such as date and time, location, and details.

Then, the collected evidence must be submitted along with the report.

After the preliminary report is submitted, the Attorney has the authority to provide directions for the Investigation. If the Evidence is sufficient and justifiable, then, a Charge Sheet can be filed.

Filing Charge Sheet

Once an investigation has been thoroughly conducted and evidence has been analyzed, it is determined whether there are sufficient grounds to file a charge against the accused.

The Charge Sheet should contain information about the accused along with the description of the Crimes, the timeline of the alleged offense, violated legal provisions, and information about the collected Evidence.

For Multiple Individuals, a Charge sheet must be filed for each accused and provide details about the Specific Charges against them. The Charge Sheet must be submitted to the court which has the Jurisdiction over the case.

Civil Case and Case Filing

Section 22 has provisioned procedures and requirements for filing civil cases against the Government of Nepal or Civil Servants. It is related to the exercise of State Authority, Public Administration, etc.

Any Person or entity can file civil cases against the Government of Nepal, the Provincial Government, Local Level Bodies, and their extensions. It must be filed in the Court with relevant jurisdiction.

When a case is filed, the court issues a summons or notice to the Body or Civil Servant through an authorized representative or agent. Then, a Written response must be submitted by the Body or Civil Servant within the time frame to conduct preliminary hearings in Civil Cases.

If they fail to do so, the Court Proceedings move forward to analyze the evidence present and determine whether they have violated the law or caused harm. It also issues an order to provide compensation or take action. Appeals can be made to a higher court if any party is dissatisfied with the Judgement or order issued by the Court.  

Period  

The Court provides a period of Seventy Days for appeals in Government Party Criminal Cases. After the expiry of the period, they can give reasonable grounds for the continuation of the Appeal after which an additional 30 days can be conferred.

Criminal Cases under the Government Cases Act 2049

  1. Attempt on the Throne or Royal Family’s Life
  2. Crimes Against the State and Punishment Act Violations
  3. Homicide under the General Code
  4. Rape under the General Code
  5. Theft under the General Code (excluding Adultery)
  6. Arson of House or Government Documents
  7. Cow Slaughter (Gobadh) or Related Offenses
  8. Damage or Misappropriation of Government or Public Property
  9. Weapons, Arms, and Ammunition-Related Cases
  10. Counterfeit Currency Violations under the General Code
  11. Forgery of Government Seal/Signature or Documents
  12. Proselytizing or Attempted Conversion Disruptions
  13. Cases Involving Gambling
  14. Human Trafficking under the General Code
  15. Violations of the Postal Act, 2019
  16. Espionage (Jasusi) Act Offenses
  17. Violations of the Nepal Citizenship Act, 2020
  18. Ancient Heritage Protection Act Offenses
  19. Forgery or Deception Related to Scheduled Acts
  20. Violations of the Some Public (Offence and Punishment) Act, 2027
  21. Narcotic Drugs (Control) Act Violations
  22. Necessary Service Regulation Act Offenses
  23. Black Marketing and Social Crime Violations
  24. Disabled People Protection and Welfare Act Offenses
  25. Privacy of Documents Act Violations
  26. Passport Act Violations
  27. Cheating under the General Code
  28. Matrimony and Polygamy Violations under the General Code
  29. Unspecified Offenses
  30. Transportation-Related Violations Resulting in Human or Cattle Deaths 30a. Violations under Section 10b of the General Code
  31. Human Trafficking (Control) Act Violations
  32. Peculation or Misappropriation of Bank or Autonomous Body Assets
  33. Forgery and Cheating at Banks or Autonomous Bodies
  34. Pickpocketing Offenses
  35. Cases Referred to This Schedule by Other Acts, etc.

Note: The General Code means Muluki Ain 2020.

Civil Cases under the Government of Nepal Act 2049

  1. Government Land Concealment
  2. Concealment of Land Tax
  3. Violations of Chapters 2 and 3 of the Etiquette (Adal) in the General Code
  4. Violations of Chapter 35 of the Transaction Behavior in the General Code
  5. Violations of Chapter 12 of Land Cultivation in the General Code
  6. Violations of Chapter 16 of Land Allocation in the General Code
  7. Violations of Chapter 17 of Inheritance of Heirless Property in the General Code
  8. Violations of Chapter 1 of Hidden (Welfare) Treasure in the General Code
  9. Concealment of Government Money or Locus Standi of the Government
  10. Civil Cases where the Government of Nepal acts as a Plaintiff, are published in the Nepal Gazette.

Note: The General Code means Muluki Ain 2020.

Epilogue

The Government Cases Act 2049 has incorporated the entire procedure to be followed by Law Enforcement Agencies and the District Attorney’s Office from the First Information Report to the Filing of the Charge Sheet along with the prescription of the tasks.

It has outlined the procedure for reporting crimes, conducting searches, making arrests, and filing Charge Sheets.

Cite