Chapter-9 Security of Service

Chapter-9 Security of Service

Chapter-9 Security of Service

83. Saving of Armed Police:

(1) For any governmental acts done by an Armed Police considering the observance of his or her duty to be
performed according to the Act or these Rules or other prevailing law, no case shall be instigated against him or her without fulfilling the procedures as referred to in Sub-rule (2).
(2) For the instigation of any case against any Armed Police pursuant to Sub-rule (1), permission of the competent authority shall be required in the case of criminal offence, and the following procedures shall have to be followed in the case of a civil case:
(a) after crossing off the period of Two months for the  submission of a written notice to the competent  authority indicating the reason for instigating the case and the name and address of the plaintiff, if any, or serving the concerned Armed Police personnel or sending the same through registered post and submission of one duplicate copy thereof to the Government of Nepal.
(b) the case has already been instigated within Three months of occurrence of the cause of action for
instigating the case.
(3) For any acts performed by any Armed Police in connection with the observance of his or her duty, while he or she was in service, no case may be instigated against him or her without permission of the Government of Nepal.
(4) If the Government of Nepal gives permission to instigate any case pursuant to Sub-rule (3), the Government of Nepal shall defend him or her.