Introduction
When someone breaks the law and causes harm to a person or society, it becomes necessary to report the crime. Filing a criminal case is the first step toward justice. In Nepal, there is a set legal process that helps people bring criminal offenders before the court. This process ensures that the accused is punished fairly and the victim receives justice. The procedures may seem technical, but they are made to protect the rights of both victims and the accused.
Role of Police in Filing a Case
The first place to go after witnessing or becoming a victim of a crime is the police office. The police play a central role in the criminal justice system. They are the first responders and investigators. The person who wants to file a case should go to the nearest police station and register a First Information Report (FIR). The FIR contains basic details of the incident, who was involved, what happened, when and where it happened, and how the crime occurred.
The FIR can be filed by the victim, a family member, a witness, or even any concerned citizen. Once registered, the police must start an investigation. They visit the scene, talk to witnesses, collect evidence, and prepare an investigation report. If the police refuse to file an FIR, the complainant can approach the higher police office or even the court.
Investigation and Arrest
After the FIR is lodged, the police begin the investigation. They may question the suspect, collect documents, visit the crime scene, and gather digital or forensic evidence. In serious cases, they may arrest the accused. Nepal’s law says that the arrested person must be informed of the reason for arrest and must be produced before the court within 24 hours.
If needed, the police may request a remand permission from the court to keep the accused in custody for further investigation. This period usually lasts up to 25 days depending on the nature of the crime. During this time, the police continue their inquiry and prepare a detailed report.
Filing the Charge Sheet (Aviyog Patra)
Once the police complete their investigation, they decide whether there is enough evidence to charge the accused. If yes, they submit a charge sheet (called “Aviyog Patra”) to the government attorney (public prosecutor). The charge sheet contains all findings of the investigation — statements, evidence, expert opinions, and names of witnesses. It clearly states which laws have been broken.
If the government attorney agrees with the report, they file a formal criminal case in the concerned District Court. The accused person then becomes a defendant in the court process. This begins the official court trial.
Role of Government Attorney
The government attorney is responsible for representing the state in criminal cases. After receiving the charge sheet from the police, the attorney reviews the evidence. If the case is strong, the attorney files the case in court. If the evidence is weak, the attorney may ask for further investigation or even close the case.
The attorney’s role is not only to prove the accused guilty but also to ensure that the trial is fair and based on law. They present the facts, examine the witnesses, and support the victim throughout the case. In serious crimes, the attorney plays a leading role in delivering justice to society.
Court Proceedings and Hearings
Once the case is registered in the court, the trial begins. The court sends summons to the accused and fixes hearing dates. The accused must appear in court. The court may grant or deny bail depending on the seriousness of the offense. During the trial, both sides, the government attorney and the defense lawyer present their arguments. Witnesses are called and questioned. The judge listens to both sides, studies the evidence, and gives a judgment. The accused is either convicted or acquitted.
In Nepal, criminal cases are usually heard in District Courts. In special or sensitive cases, High Courts or the Supreme Court may also hear the matter. All proceedings must follow the Criminal Procedure Code, and the trial must be fair and timely.
Rights of Victims and Accused
Both victims and accused persons have legal rights during the filing and trial of a criminal case. Victims have the right to file complaints, to be protected from threats, and to receive information about the case. They may also claim compensation or be represented by a private lawyer. The accused has the right to be presumed innocent until proven guilty. They have the right to a defense lawyer, to remain silent, to get a fair trial, and not to be tortured. The Constitution of Nepal and various laws protect these rights equally.
Withdrawal or Settlement of Cases
Some criminal cases, especially minor ones, can be settled through reconciliation or compensation. Nepal’s law allows some offenses to be withdrawn if both parties agree. However, serious crimes like murder, rape, and corruption cannot be withdrawn or settled privately.
In non-compoundable offenses, the case must continue even if the victim wants to withdraw. The goal of the law is to protect public interest and stop repeat crimes.
Appeal and Review
If either party is not satisfied with the court’s decision, they can file an appeal. A criminal case decided in the District Court can be appealed to the High Court within 35 days. If needed, the decision of the High Court can be further challenged in the Supreme Court. The appeal process gives a second chance to review the case. This is important to correct mistakes, ensure fairness, and uphold justice. The courts have the power to reduce, increase, or change the punishment, or to release the accused altogether.
Conclusion
The process of filing a criminal case in Nepal is guided by law, fairness, and justice. From registering an FIR to the final verdict of the court, every step is designed to protect people’s rights and bring criminals to justice. Although the process may take time and face challenges, it gives victims a path to speak up and hold wrongdoers accountable. This procedure empowers people to take action when crime occurs. A fair and accessible criminal justice system is the foundation of a safe and just society. When people know how to file a case and seek help from the law, justice becomes more real and reachable for all.
