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Chapter –1 Preliminary

Chapter –1 Preliminary
1. Short title and commencement:

(1) This Act is called as the “Mutual Legal Assistance Act, 2070(2014)”.
(2) This Act shall come into force immediately.
2. Definitions: Unless the subject or the context otherwise requires, in this Act, –
(a) “Court” means the Supreme Court, High Court and District Court, and this term includes any other authority or body carrying out judicial proceedings.
(b) “order” means an order issued by a court and includes a decision or judgment of a court.
(c) “offence” means an offence that is punishable by law with imprisonment for at least one year or with a fine of at least fifty thousand rupees, and this term includes an offence punishable by the law of a foreign state with imprisonment for at least one year or with a fine of at least fifty thousand rupees.
(d) “Central Authority” means the body or authority referred to in Section 6.
(e) “judicial proceedings” means the proceedings from the filing of a case to the enforcement of a judgment, and this term includes investigation or inquiry in relation to any offence.
(f) “judicial document” means a plaint, petition of claim, petition or appeal filed in a court, and this term includes an
order made by a court.
(g) “mutual legal assistance” means proceedings related to the matters set forth in Section 5.
(h) “process” means a notice, summons or subpoena issued to any person.
(i) “foreign state” means a foreign state which makes a request to Nepal for mutual legal assistance.

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