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Chapter-9 Investigation, Inquiry and Registration of a case

Chapter-9 Investigation, Inquiry and Registration of a case
74. To hold in military custody:

(1) If a person, who comes under the jurisdiction of this Act is an accused of an offence as referred to in Chapter-
7, he or she may be held in military custody.
(2) An accused of an offence may be ordered to be held in military custody by any officer whose rank is senior to him or her.
(3) Notwithstanding anything contained in Sub-section (2), a person who is engaged in a quarrel, rioting or causing disturbances may be ordered to hold in military custody by a junior officer even the accused is in a
senior rank.
(4) If a person is alleged to have committed an offence outside the jurisdiction of this Act and is subjected to the jurisdiction of other court, and it is necessary to be held him or her in custody to a proceedings for the
period of investigation to prosecution, he/she shall be suspended from service and may be held in military custody or police custody as per the order of the court. If his/her presence in court is necessary, he or she shall
be produced by the relevant military officer.
Provided that, he or she shall not be held in military custody after the filing of a case.
(5) One shall be produced before the Court Martial if he or she is to be prosecuted in a Court Martial and to other court if he or she is to be prosecuted in the other court.

75. Responsibility of the commanding officer during custody:

(1) If the commanding officer receives a report that a person under his/her command has been held in custody, he/she shall make arrangements not to hold him/her in custody exceeding the period of Twenty Four hours without an investigation except the time to be taken for journey.
(2) Notwithstanding anything contained in Sub-section (1), if there is a situation that the same (Twenty Four hours provision) is not possible due to lack of public transportation services, he/she may be held in custody for
a reasonable period.
(3) The commanding officer shall forward all the details of the person who is being held in custody exceeding Twenty Four hours, and reports with reasons, to the Chief of Army Staff or the Judge Advocate General (Prad Viwak).
(4) If it is necessary to hold a person who is not engaged in a military operation for more than Eight days due to the failure to issue an order to convene the Court Martial for the proceeding of his/her case, the commanding officer shall submit reports along with reasons for such delays  to the officer prescribed by Sub-section (3) every Eight days until the formation of a Court Martial or the release of the accused.
(5) For the purpose of this Section, the calculation of Twenty Four hours shall not include the period of public holidays.

76. Request to arrest:

(1) If it is necessary for the commanding officer to arrest a person alleged to have committed an offence he/she may request the Chief District Officer of the district where the alleged person resides, and if the Chief District Officer receives such a request, he/she shall arrest (cause to) the alleged person and hand him/her over to the concerned
(2) The commanding officer of the Formation, Unit, Sub-unit to which a deserted person belongs may request the Chief District Officer to arrest him/her, mentioning his/her personal details, and if the concerned
officer receives such request, he/she shall arrest such deserting person and hand him/her over to the concerned officer.
(3) Notwithstanding anything contained in Sub-section (1) or (2), if a police officer has reasonable cause to believe that a person has absconded or deserted his/her job upon committing an offence, he/she may arrest such
person without an arrest warrant and shall forward him/her to the Chief District Officer for necessary action.
77. Inquiry as to absence without leave: If a person to whom this Act is applicable remains absent for more than Thirty days without permission, a court of inquiry shall be formed as soon as possible. The officer of court of
inquiry, while conducting an inquiry after taking an oath, shall conduct enquiries whether or not the person is absent without approval of leave or without reasonable cause of leave, and shall also inquire whether property,
arms, ammunition, equipment, instruments, clothes or other items under his/her custody is entact or not, and make a decision accordingly. The commanding officer shall record the content of such decision to the record
book of the Court Marital of the relevant Division or Corps.

78. Chief of Military Police:

(1) Unless otherwise instructed (ordered) by the Government of Nepal, the Chief of Army Staff or any officer designated by him or her may appoint a Chief of Military Police.
(2) It shall be the main duty of the Chief of Military Police to take under his/her custody persons held in detention in consideration of any offence committed by them, maintain order and discipline in the Army and
prevent violation of order or discipline by persons who are joining to or serving in the Nepal Army.
(3) The Chief of Military Police may arrest a person who has committed an offence or is accused (suspect) of committing an offence, at any time for appearing before the trial, and he/she shall execute the penalty
imposed by a Court Marital or any officer exercising the powers to order for departmental action


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