⏱ 4 min read
📘 Kharidar syllabus: Paper III, Section C, Units 5.7 and 5.8 · Open the full Kharidar course
These terms describe the main steps of a criminal case from the first complaint to the court. They are governed mainly by the Criminal Procedure Code, 2074.
1. Steps of a criminal case
| Step | Term | Meaning |
|---|---|---|
| 1 | जाहेरी दरखास्त (Jaheri darkhast) | First information report (FIR): written information about an offence given to the police by the victim or anyone who knows |
| 2 | Investigation | Police collect evidence, record statements and inspect the scene |
| 3 | पक्राउ पुर्जी (Pakrau purji) | Arrest warrant: written order stating why a person is arrested; given to the arrested person |
| 4 | बरामदी मुचुल्का (Baramdi muchulka) | Recovery/seizure memo prepared when items such as weapons or stolen goods are recovered, signed by witnesses |
| 5 | अभियोगपत्र (Abhiyog patra) | Charge sheet: the formal case filed in court by the government attorney |
| 6 | प्रारम्भिक सुनुवाइ (Preliminary hearing) | The court’s first hearing after the charge sheet to decide whether the accused stays in custody, is released on bail or is released on date |
2. Rights of an arrested person
- Must be told the reason for arrest (Article 20).
- Must be produced before the adjudicating authority within 24 hours of arrest, excluding travel time.
- Right to consult a lawyer from the time of arrest.
- During investigation, a court can allow custody for a limited period (up to 25 days in total for most offences).
3. Free legal aid (निःशुल्क कानूनी सहायता)
- Article 20 of the Constitution: an indigent (poor) person has the right to free legal aid as provided by law.
- Legal Aid Act, 2054 (authenticated 2054 Poush 7) provides free legal advice, drafting of documents and representation in court for people whose income is below the prescribed limit.
- A Central Legal Aid Committee is chaired by the Minister for Law and Justice; district legal aid committees work in each district.
- Courts also have court-appointed lawyers (वैतनिक कानून व्यवसायी) to help those who cannot afford a lawyer.
- Priority groups usually include the poor, women, children, persons with disabilities and senior citizens.
4. Worked example: a theft case step by step
A shopkeeper finds that his shop was broken into at night and goods were stolen. The case usually moves like this:
| Step | What happens | Document |
|---|---|---|
| 1 | The shopkeeper gives written information at the police office | Jaheri darkhast (जाहेरी दरखास्त) |
| 2 | Police visit the shop, record the scene and take statements | Scene inspection record (घटनास्थल मुचुल्का) |
| 3 | Police arrest a suspect and give the reason in writing | Pakrau purji (पक्राउ पुर्जी) |
| 4 | Stolen goods are found at the suspect’s place in front of witnesses | Baramdi muchulka (बरामदी मुचुल्का) |
| 5 | The suspect is produced before the court within 24 hours; the court decides on custody for investigation | Court order |
| 6 | The government attorney studies the file and files the case in the district court | Abhiyog patra (अभियोगपत्र) |
| 7 | The court holds the first hearing on custody or bail | Preliminary hearing (प्रारम्भिक सुनुवाइ) |
5. Who does what
| Body | Main role |
|---|---|
| Nepal Police | Receives jaheri, investigates, arrests suspects, collects evidence |
| Government attorney (सरकारी वकिल) | Decides whether to file a case and files the charge sheet; argues for the state in court |
| District Court | Holds hearings, decides custody or bail, and gives the judgement |
| Legal aid committees and court-appointed lawyers | Help poor or vulnerable people who cannot afford a lawyer |
6. Why these steps matter
- They protect the accused: written reasons, the 24-hour rule and the right to a lawyer stop illegal detention.
- They protect the victim: a registered jaheri makes the police responsible for investigating.
- They protect evidence: muchulkas signed by witnesses make it hard to change facts later.
- They support justice for all: free legal aid lets poor people defend themselves.
7. How this topic is asked in the exam
- Objective: the meaning of jaheri, pakrau purji, baramdi muchulka and abhiyog patra; the 24-hour rule; the Legal Aid Act, 2054.
- Short answer: “What is a charge sheet?” or “Write the rights of an arrested person.”
- Long answer: “Explain the steps of a criminal case from jaheri to preliminary hearing.” Use the table in section 1 and an example like section 4.
📌 Key points to remember
- Jaheri darkhast = FIR to the police.
- Pakrau purji = arrest warrant; baramdi muchulka = recovery memo.
- Abhiyog patra = charge sheet filed by the government attorney.
- Preliminary hearing decides custody, bail or release.
- Arrested person must be produced before the authority within 24 hours (Article 20).
- Free legal aid: Article 20 and Legal Aid Act 2054.
📝 Quiz
Test yourself: Jaheri Darkhast (FIR), Arrest Warrant, Baramdi Muchulka, Charge Sheet, Preliminary Hearing and Free Legal Aid
Practise Steps of a criminal case, Rights of an arrested person and Free legal aid (निःशुल्क कानूनी सहायता) with 15 questions.
Loading quiz...