Chapters
Prologue to State Cases Act 2017
State Cases Act 2017 was enacted in 2017 B.S. and came into effect in 2018 B.S. It was designed to regulate both Civil and Criminal Government Related Cases. It was applicable throughout the territory of Nepal.
It has conferred the Citizens of Nepal with the ability to initiate cases through the Government of Nepal on matters outlined by the Act. It consists of Criminal Cases and some conditional civil cases as well.
Criminal Cases
The Act has mentioned that to begin prosecuting cases under this act, it must be done by providing written notice or oral report to the nearest Police Station. The Criminal Case has been incorporated in Schedule 1 of the Act.
Then, after receiving the complaint or information, the concerned Police Officers must conduct an immediate investigation by gathering evidence and witnesses.
However, the Police Officers cannot issue Punishment but need to ascertain whether a crime has been committed and whether sufficient evidence exists to prosecute any or all of the accused parties.
Suppose enough evidence doesn’t exist to prosecute. In that case, the relevant police officer or office must release the suspect and issue a document warranting them to appear at the designated time for legal proceedings.
When sufficient evidence exists, the case is carried through to the court. The Court takes over the case and continues the legal proceedings by issuing a summons for a note of defense. In such cases, the Government is considered the Plaintiff.
Schedule 1 Criminal Cases
Some of the cases listed in Schedule 1 include:
- Issues related to the throne or the royal family.
- Political issues.
- Murder.
- Attempt of killing.
- Cases where there is doubt about the expiration of the prevailing Nepalese law.
- Cases related to coercion of a man who has a wife other than his wife.
- Extortion, embezzlement, or any other type of theft.
- Cases of setting fire to a house or government documents.
- Cases involving cows.
- Cases of loss or embezzlement of government or other public funds.
- Cases related to gun ammunition.
- Cases of false talk or false practice.
- Cases involving the official seal, signature, or official documents.
- Cases related to heretical views against Sanatan Dharma, causing conversion, or similar activities.
- Cases involving gambling for twelve months.
In addition, a notice can be published in the Nepal Gazette to add cases for emerging Criminal Matters.
Civil Cases
The state can act as a Plaintiff and represent the aggrieved in specific civil matters that involve government actions or public interests. Such Civil Cases have been mentioned in Schedule 2 of the Act.
The Act has provisioned that individuals must submit a written application or oral report to along with available evidence to the Government Attorney. Then, the Attorney must publish a notice in the Nepal Gazette and make it a matter of public record and the officer must review the case along with the review.
Consequently, the Officer must provide a report and decide whether the case must be prosecuted or not based on the recommendations.
If the case has sufficient Evidence along with a strong report, the Attorney must file for a petition in the Court. In such Civil Cases, the Government must act as a plaintiff, and the reporting victim or individual acts as a witness for the Government.
Schedule 2 Civil Cases
Some of the cases listed in Schedule 2 include cases related to Government Land Deposits, Land Goshwara, etc.
Other Attributes and Features
Re-Investigation
The State Cases Act has provisioned that in certain circumstances as stated, a detailed re-investigation must be conducted to re-evaluate the accused or the charges based on the Police Report submitted to the court.
Appeal and Review
The Special Court Act has laid down procedures for appeals and reviews of Government Cases. Appeal and Review must be made on behalf of the Government in the relevant court through a Government Attorney.
When a government employee is a plaintiff or defendant in a case related to the Government, an appeal must be filed in the name of their department.
Complaints Against Government
Citizens can also file complaints against the Government. If a complaint has been filed, a notice must be served to the government through the Public Prosecutor.
In cases where a complaint is directed at a government employee, a summons or notice should be sent to the concerned employee or the employee holding the position. It can be delivered in writing or through official communication channels.
Perjury and False Claims
If it has been discovered that the matter or evidence presented in the case was false or fabricated after the trial has been conducted in court, the person who acted as a witness can be punished under the law.
If the court finds that a complaining witness provides false information without mental disability, the defendant must be compensated.
Epilogue
State Cases Act 2017 has provisioned for State Party initiation, investigation, and prosecution of both Criminal and Civil Cases.
Schedule 1 of the Act has listed all Criminal Cases to be led by the Government as the Plaintiff. Schedule 2 of the Act has mentioned Civil Cases led by the Government as the Plaintiff.
It has also outlined a mechanism for creating Procedural Rules as required while also outlining the rights and duties of Government legal Officials. It proceeded Interpretation of Law Act 2010 as a Judicial Act and was superseded by the Government Cases Act 2049.
Cite
Pokhrel, Aupson. “State Cases Act 2017 – the #1 Encyclopedia of Nepali History.” Encyclopedia of Nepali History, 14 Oct. 2023, itihasaa.com/acts/state-cases-act-2017.
