Prologue to the Summary Procedures Act 2028

Summary Procedures Act 2028 was enacted in 20th Chaitra 2028 B.S. during the reign of King Birendra Bikram Shah on the recommendation of the National Panchayat.

It was enacted to provide swift and prompt procedures for resolving small cases that feature scarce punishment. As its Etymology states, the Act prescribes a summary or shortened Procedure for cases with less than six months of Imprisonment.

The Act has defined a Complaint as both a lawsuit as well as a police report in a Criminal Case. The Summary Procedure in Nepal is incorporated in this Act. Acts such as the Supreme Court Act, and Interpretation of Law Act have provided for Substantive Provisions whereas this Act has indoctrinated Procedural Provisions.

Its Attributes and Features

Cases Under the Act

Section Three of the Summary Procedure Act 2028 covers all the procedures for taking legal action and handling cases in specific cases filed through this Act. These cases are divided into three categories:

a. Cases Listed in Schedule 1 of the Act

b. Civil Cases with a maximum claimed value of NPR 1,000

c. Criminal Cases carrying a fine up to NPR 1,000 or criminal cases carrying a fine up to NPR 1, 000 or a term of imprisonment not exceeding six months or both penalties. However, cases listed in Schedule 2 of the Act are excluded from the Procedure.

It has also been provisioned that Other Forms of Special Procedures aren’t to be affected by the Act. Cases of Fraud, Forgery, and Coercion from the defense of the defendant’s statement are to be addressed by the Court Proceedings of Muluki Ain 2020.

Complaint

It isn’t necessary to always submit a formal complaint for the Summary Procedure. The Court also accepts a petition with evidence as the Court will immediately act on the petition and take the statement of the Petitioner and other relevant individuals when required

Requirements for Cases

When a complaint is filed under this Act, the Court of Nepal has to consider the following:

1. Whether the claim or accusation of the Plaintiff against the defendant is under Law

2. If the evidence provided or to be presented by the plaintiff is relevant and sufficient to support the complaint. If any of the above requirements remain unfulfilled, then, the complaint is canceled citing the lack of reliable or adequate evidence.

Initiative Procedure

If the filed petition or complaint fulfills the above-listed Criteria, then the court needs to take the defendant’s statement if present in Court. Otherwise, a deadline of Seven Days is given by which the defendant must submit a note of defense.

After the submission of a note of defense, a summons must be issued within three days for the absent defendant.

Documents and Evidence

If the Defendant is in police custody during a case under the Summary Procedure, the police must ensure that the defendant has been provided with copies of the complaint and all relevant evidence after the case has been filed.

If the case isn’t initiated by the police, then the plaintiff must submit duplicate copies of the complaint and all related evidence for each plaintiff. After the submission, the court shall send such documents to the defendant along with the summons.

If duplicate copies aren’t provided, then the Summary Proceedings become void and get canceled.

Summons

Section 7 of the Summary Procedure Act has provisioned for the issuance of Summons in this procedure. First, the Home address of the Defendant or a joint family member is investigated. If not investigated, then, the notice is posted at the Municipal Area of the defendant with the presence of two local individuals.

The Person or the Individual serving the summons must do so within two days excluding the Time of Travel.

Date of Presence

The limit cannot be extended in the Summary Procedure except in circumstances or events beyond one’s control.

The Act has provision for an extension of up to 15 Days for such circumstances, not more than two times.

Also, the Time Limit for the defendant to submit their note of defense and be present in Court has been seven days excluding Travel Time.

After the evidence of both parties is examined, a party can choose not to appear on the present date with the permission of the court. The Court doesn’t dismiss the case if the defendant fails to appear in the Court but analyzes the merits of the cases based on the Examined Evidence.

Period for Disposal of Cases

Section 10 of the Summary Procedure Act has stated a deadline of 90 days for resolving the cases under this act. The Deadline of 90 days begins after receiving the Note of Defense or after taking the statement of the plaintiff.

When a defense note or statement isn’t submitted, the time limit begins after the expiry of the Submission Deadline or Statement taking time-limit.

Appeal

After a court’s judgment is read to the disputant, they have Thirty days to appeal if they are dissatisfied with the decision. The time limit starts after the date of judgment or after the service of the appeal process.

If the court doesn’t provide the required appeal time limit, the judgment is established after the disputant pays any imposed penalty or obtains a duplicate copy of the judgment, whichever comes first.

In conditions of Appeal, the case must be resolved within Ninety Days by the Appealed Court after receiving the case file of the original case.

Schedule

Schedule 1 of the Summary Procedure Act has listed all the Cases under which the Summary Procedure was applicable in 2028 B.S. Here is a list:

Schedule 1 lists various types of cases covered by the Act, including:

  1. Cases under the Nepal Agency Related Act, 2014.
  2. Cases under the Radio Act, 2014.
  3. Cases under the Excise Duty Act, 2015.
  4. Cases under the Nepal Factories and Workers Working in Factories Act, 2016.
  5. Cases under Section 22 of the Saajha Corporations Act, 2041.
  6. Cases under the Associations Registration Act, 2016.
  7. Cases under Sub-section (2) of Section 15 of the Forests Act, 2018.
  8. Cases under the jurisdiction of the Village Development Committee as per the Village Development Act, 2047.
  9. Cases under Sub-section (2) of Section 146 of the Companies Act, 2021.
  10. Cases under Section 46 of the Tourism Act, 2035.
  11. Cases under the Patents, Designs, and Trademarks Act, 2022.
  12. Cases under the Copyright Act, 2022.
  13. Cases under Section 30 of the Standard Measurement Act, 2025.
  14. Cases under Section 10 of the Education Act, 2025.
  15. Cases under Section 17 of the Education Act, 2028.
  16. Cases under Section 7 of the Lottery Act, 2025.
  17. Cases under the Muluki Ain:  Cases under various chapters such as Bona Vacantia, Wages, Paupers, Lost and Found of Quadruplets, Construction of Houses, Husband and Wife Maintenance, Partition Maintenance, Undue Detention, and Medical Treatment.
  18. Cases under the Gambling Act, 2020.

Epilogue

Summary Procedures Act 2028 was introduced for a streamlined legal process for cases involving minor penalties and imprisonment. The Act has a provision for filing of cases with both submission of petitions as well as Formal Complaints.

Additionally, the act has provided a deadline of 90 Days for the disposal of the case along with an appeal time limit of 30 Days. It has primarily covered cases listed in Schedule 1 of the Act.

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