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Chapter – 2 Conditions for Provision and Matters of Mutual Legal Assistance

Chapter – 2 Conditions for Provision and Matters of Mutual Legal Assistance
3. Conditions for exchange of mutual legal assistance:

(1) Where there exists a bilateral treaty between Nepal and a foreign state on the exchange of mutual legal assistance, mutual legal assistance may be exchanged between Nepal and such a foreign state.
(2) Notwithstanding anything contained in sub-section (1), if a foreign state makes a request, through the diplomatic channel, to the Government of Nepal for mutual legal assistance in respect of any particular legal proceedings and the request is accompanied by the assurance of affording mutual legal assistance in similar type of judicial
proceedings in the future, nothing shall bar the extension of legal assistance on a basis of reciprocity.
Provided that a judgment made by a foreign court in any matter not covered by a treaty may not be enforced.
4. Conditions of not exchanging mutual legal assistance: Notwithstanding anything contained in Section 3, mutual legal assistance shall not be extended if-
(a) in relation to a matter of civil nature, the judicial proceedings involve the amount in controversy of less than one hundred thousand rupees,
(b) in relation to a matter of criminal matter, the offence is punishable by imprisonment for less than one year or a fine of less than fifty thousand rupees,
(c) the extension of mutual legal assistance as requested by a foreign state undermines or results in the undermining of the public order (odre public) or sovereignty of Nepal.

5. Matters of mutual legal assistance: Mutual legal assistance may be provided between Nepal and a foreign state in the following matters related with judicial proceedings:
(a) taking, collecting or receiving document or evidence,
(b) providing information and evidence by inspecting any relevant thing or place,
(c) providing originals or certified copies of relevant documents including banking, financial or business records,
(d) executing searches and seizures of objects, locating or identifying persons,
(e) facilitating the appearance of persons who can assist in a matter of criminal nature,
(f) serving summons,
(g) freezing or confiscating movable or immovable property, (h) enforcing judgments.
6. Designation of Central Authority:

(1) The Government of Nepal shall, by notification in the Nepal Gazette, designate anybody or authority as the
Central Authority of the Government of Nepal for carrying out acts of mutual legal assistance between Nepal and a foreign state.  functions in accordance with the provisions of this Act.

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