Prologue to the Special Court Act 2059

Special Court Act 2059 was enacted in Ashar 5th 2059 B.S. to enact substantive and procedural provisions for the Special Court of Nepal. It was enacted by King Gyanendra. It consists of 26 Sections and One Schedule.

The Preamble states that the Act was provisioned for defining the constitution, power, and procedure of the Special Court and conducting the Trial and Decision of special cases expeditiously and swiftly.

The Act has vested the Special Court with Powers regarding conducting Trials, demanding security, detaining defendants when required, and summoning individuals for Trials.

It is required for the Court to give a conclusive decision within 6 months of the filing of the case. Special Court Act prescribes nearly similar proceedings to that of the Summary Procedure Act 2028.

Its Attributes and Features

Constitution of Special Court

The Government of Nepal has the authority to create a Special Court to handle specific cases as mentioned in the Nepal Gazette and legislative instruments. The Cases, before publishing them in the Nepal Gazette must be consulted with the Judicial Council.

Appointment of Judge

Generally, the Special Court has three members with the Chairperson. However, if the court has more than three members, they are required to work in groups of three.

On the recommendation of the Judicial Council, the Government of Nepal must choose the chairperson and members of the Special Court from the Judges of the High Court.

The Salary and other facilities of the Chairperson and members of the Special Court are to be prescribed by the government of Nepal in addition to their official remuneration.

Jurisdiction of Special Court

The Special Court has been held responsible for handling cases of a particular nature in nature. All the Judges present on the bench need to collectively exercise the Authority of the Special Court.

In the case of detention of a case, the opinion of all three judges or a majority of two judges is considered the Court’s Decision.

However, in conditions when two judges on a bench cannot agree, the opinion and decision of the chairperson are followed. Else, the decision of the most senior members is followed.

If the Special Court fails to give a conclusive decision to the case, the matter is referred to the Supreme Court which must prioritize its proceedings.

Power of Special Court

Section 7 of the Special Court has provisioned for the Power of the Special Court. Here is the list:

a. The Special Court has the power to summon individuals or gather evidence relevant to a case, apart from the witnesses of the plaintiff and defendant.

b. The Special Court can record the statement of the defendant as well as the witness that fails to appear in the Court within specified dates by issuing warrants.

c. It has the authority to conduct the trial of the case by giving Due Date of Presence or requiring them to be present without setting specific dates.

d. It can demand security or guarantees based on potential financial loss or illegal gains and may detain an offender if necessary.

e. The court can detain an offender if there is a reasonable cause, even if not explicitly allowed by existing laws.

f. It has the authority to accept the security and guarantee taken by the agency for the investigation to the extent of its coverage.

Additionally, the Special Court can grant approval allowing additional charges if new evidence comes to light, allowing the Government Attorney to add or modify charges.

Procedure for Summons

a. When summoning a defendant out of the country, 30 days is specified for their response. If the defendant is within Nepal, 15 days is given.

b. If there’s an office or representative of the defendant within Nepal, the summons is issued to them and is considered valid.

c. If there’s no office or representative in Nepal, the summons can be issued through telecommunication or correspondence address.

d. Witnesses are summoned with a 7-day response period.

e The court officer or a government office is responsible for issuing summons, and they must prioritize this duty.

f. If a summon cannot be served due to unknown addresses or other reasons, a public notice is published, which is considered a valid summon.

g. If Exceptional Circumstances have arisen beyond the control of the defendant a maximum extension of 15 days can be made.

Contempt of Special Court

Section 14 of the Special Court Act has prohibited the Contempt of Special Court. The Special Court can take active action against cases of contempt.

It can impose fines up to NPR 5, 000 or imprisonment for up to six months or both in the cases of contempt.

However, if the offender satisfies the Court or asks for forgiveness, the Court can forgive, reduce, or delay the punishment by up to 6 months.

Time Period

The Special Court is required to decide within 6 Months from the date on which the case has been filed.


If a party is not satisfied with the Special Court’s decision or final order, they can file an appeal in the Supreme Court within thirty-five days from the date of the decision or order. It is required to decide on cases within three months of receiving the case.

Execution of Judgement

Special Court must allow the mentioned particular authority to carry out the execution. If no specific authority is mentioned, the district Court takes charge of execution.


Special Court in Nepal is formed and operated at the recommendation of the Judicial Council and action of the Government of Nepal.

It typically consists of three Judges including a chairperson and works in groups of three, if the Judges are more than three in number.

The Recommendations for the appointment of Special Court Judges are made by the Judicial Council among the rank of High Court Judges.

When a unanimous decision isn’t reached, the decision or opinion of the Majority the chairperson, or the seniormost member are to be followed. It can also defer to the Supreme Court in cases of failure to reach conclusive evidence.