Criminal Procedure: FIR to Appeal Sequence
Exam Snapshot
This is the lifeline of criminal litigation in Nepal. Understanding the sequence is vital for both procedural MCQs and practical application.
Core Concept
The criminal justice process acts as a check and balance, moving from the initiation of a case to judicial oversight:
- First Information Report (FIR/Jahiri): Initiated under Section 5. Official intimation of a crime.
- Investigation: Conducted by police under Section 13. Includes evidence collection.
- Charge Sheet (Abhiyojan): Prosecutor files the case in court under Section 32.
- Detention Order (Thunche Aadesh): Court decides custody/bail under Section 67.
- Trial/Hearing: Evidence production, cross-examination, and final arguments under Section 110.
- Judgment (Faisala): Court's final decision on conviction and sentencing.
- Appeal (Punaraavedan): Right to challenge judgment in a higher court under Section 130.
Nepal Law Anchors
- Muluki Criminal Procedure Code, 2074: Sections 5, 13, 32, 67, 110, 130 govern these stages.
MCQ Traps
- FIR is NOT substantive evidence: It is a procedural document to set the law in motion. It serves to corroborate or contradict the informant's statement later in court.
- Police vs. Prosecutor: Police conduct investigation; Public Prosecutors/Government Attorneys initiate the court case.
Quick Revision
| Stage | Key Authority |
|---|---|
| FIR | Police Office |
| Investigation | Police Officer |
| Charge Sheet | Govt. Attorney |
| Trial/Judgment | Court |
| Appeal | Higher Court |