Chapter-4

Chapter-4 Proceeding and Disposal of the cases
17. Time and limitation for the lodgment of First Information Report :

(1) In regard to an offense under this Act, an First Information Report may be lodged within one year from the date the offense comes to the knowledge and
the case shall have to be lodged within six months from the date the First Information Report FIR is so lodged with the Court as fixed by the Government
of Nepal with publishing a notice in Nepal Gazette.

(2) Notwithstanding anything contained hereinabove in Subsection (1), a case may, at any time, be initiated against an employee or office-bearer of a  bank or financial institution, who caused misappropriation or loss of asset of Bank or Financial Institution during his/her assumption of service in any post thereof and there shall be no obstruction in initiating a case even after such office-bearer or employee retires from the service.

18. Government to be the plaintiff :

In the case where punishment shall be given as per this Act, the government shall be the plaintiff and such case shall be considered to be included in Schedule-1 of Act relating to Government Cases, 2049(1993).

19. Proceedings may be initiated by detaining into the custody :

(1) Notwithstanding anything contained in the prevailing laws, the Officer involving in Investigation and inquiry may detain an offender under the Act, in  the custody by giving him/her a detention order as per the prevailing laws, if there is an adequate ground to believe that the person, against whom  proceedings have been initiated as per this Act, may extinct or destroy any evidence or create hindrances or obstacles or influence adversely in the proceeding of investigation and inquiry of it or on the basis of the evidences,
existent presently, if there is a reasonable ground to believe that a person, not having residence in Nepal, is the offender of banking offence who can be
subject to an imprisonment up to 6 months or above.
(2) In case the investigation and inquiry initiated in regard to the person detained in the custody as stipulated under Subsection (1) above could not be completed within 24 hours and it is deemed necessary to continue the investigation and inquiry process by detaining him/her further in the custody, the investigation and inquiry officer shall detain further only after obtaining approval from the adjudicating officer getting the person in presence before the adjudicating officer.
(3) While requesting to adjudicating officer for approval as stipulated under Sub-section (2) the charges against the person detained in the custody,
basis thereon, justification for continuing the investigation and inquiry proceedings by detaining him/her in the custody and description of the affidavit
of statement obtained, if any taken from him/her, shall have to be clearly mentioned.
(4) If approval for detention as stipulated under Sub-section (2) above is sought for detention, the adjudicating officer may, considering, after reviewing  the concerned documents, whether the investigation and inquiry progress has been satisfactorily or not, grant approval for detention up to a period of  maximum forty-five days at a time or in multiple instances but not exceeding ten days at a time, if progress in the investigation and inquiry proceedings .