How to File a Case in Nepal: FIR (Criminal) and Plaint/Firdaad (Civil) Step-by-Step Guide

Since 1 Bhadra 2075 (17 August 2018), Nepal's disputes have been governed by four codes that replaced the old Muluki Ain: the National Penal (Code) Act 2074 and National Criminal Procedure (Code) Act 2074 on the criminal side, and the National Civil (Code) Act 2074 and National Civil Procedure (Code) Act 2074 on the civil side. Identifying which track a grievance belongs to is the first step, because the entry point, forms, costs and timelines differ entirely.

A criminal matter, such as theft, assault, fraud or homicide, is set in motion by a First Information Report (FIR) lodged with the police; the State, acting through the government attorney, then investigates and prosecutes. A civil matter, such as a property partition, contract, loan recovery, family or inheritance dispute, is started by the aggrieved party filing a written plaint (commonly called firdaad) directly with the District Court and paying a court fee. The criminal track is largely State-driven once the FIR is registered, whereas the civil track is party-driven from start to finish.

Section 4 of the National Criminal Procedure (Code) Act 2074 is the gateway for criminal complaints. It provides that any person who knows that an offence listed in Schedule-1 has been, is being, or is likely to be committed shall, as soon as possible, lodge an FIR at the nearest police office, together with whatever proof or evidence is in their possession. Crucially, the report may be made in writing, verbally, or through electronic means, using the form prescribed in Schedule-5 — so a victim who cannot write is not shut out of the system.

If the report is given orally, Section 4(2) requires the police employee to set down all the information in the Schedule-5 form, read it back to the informant, and have it signed. Under Section 4(3), the police office must then register the report and give the informant a receipt in the form prescribed in Schedule-6; where information is sent electronically, an acknowledgement of receipt must be returned by the same means. This registration and acknowledgement is provided to the complainant at no cost — the FIR cannot be conditioned on payment.

The complaint should identify the complainant and (if known) the accused, the offence alleged, the time and place of occurrence, and any witnesses or evidence. For offences listed in Schedule-2, Section 4(7) directs the informant to report instead to the office or authority legally empowered to investigate that particular offence, which likewise registers it and issues a Schedule-6 receipt.

Refusal to record an FIR is not the end of the road. Section 5 of the Criminal Procedure (Code) Act 2074 creates an escalation mechanism: if a police office refuses to register an FIR or information given under Section 4(1), the complainant may submit a written complaint — accompanied by the FIR or information — to the concerned district government attorney office, or to a police office higher in rank than the one that refused.

On receiving such a complaint, the higher authority must keep a record and forward the FIR to the concerned police office for necessary action, and that police office must then register and act on it in accordance with Section 4(3). Where it is a Schedule-2 office or authority that refuses to register information, Section 5(4) allows the informant to complain to the Chief District Officer (CDO) of the district. This statutory backstop is designed to prevent gatekeeping at the police counter.

Once an FIR is registered, the police (or other designated investigating authority) investigate the offence. Personal liberty during investigation is tightly controlled. Section 14 of the Criminal Procedure (Code) Act 2074 requires that a person arrested for investigation be produced before the adjudicating authority (the court) as soon as possible and in any case within twenty-four hours of arrest, excluding the time reasonably needed for the journey.

To hold a suspect longer, the investigating authority must apply to the court — through the government attorney — for a remand, stating the charge, the grounds, and the reasons for continued detention. Under Section 14(6), the court may remand a person in custody for investigation for a maximum of twenty-five days, whether at one time or in several instalments. Only for a narrow list of grave offences (such as offences against the President, espionage, waging war against the State, explosives, or kidnapping/hostage-taking) may the court, on a reasoned report, grant up to an additional fifteen days under Section 14(8). In no case may detention exceed the term of imprisonment the offence itself carries.

After investigation, the file goes to the government attorney. If there is adequate evidence, the attorney prepares a charge sheet in the Schedule-20 form and files it in the appropriate court under Section 32, formally instituting the criminal case; otherwise a decision not to prosecute may be made. From this point the State carries the prosecution, with the complainant and victim able to participate as provided by law.

Civil disputes start with the plaintiff filing a written plaint (firdaad) under the National Civil Procedure (Code) Act 2074. Section 95 governs the plaint, which must be drawn up in the prescribed Schedule-1 format and set out the names and addresses of the parties, the facts and cause of action, the legal grounds, the value of the claim, and the specific relief or remedy sought, signed by the plaintiff. Supporting documents and evidence relied upon are submitted with the plaint.

A court fee must be paid when the plaint is filed. Section 63 of the Act creates this obligation and defines the court fee as the fee charged for filing a plaint, a memorandum of appeal, or a petition for review or revision, and it also covers a counterclaim. The amount is generally calculated on the value or amount claimed and varies with the type of case, so the cost of a high-value property suit differs markedly from that of a small civil claim.

The plaint is filed in the court that has jurisdiction — ordinarily the District Court for the place where the cause of action arose, where the property in dispute is situated, or where the defendant resides, depending on the nature of the case. Once the documents are in order and the fee is paid, the court registers the case and assigns it a number.

After registration the court issues a summons (myad) to bring the defendant before it. Service on the defendant is governed by Chapter 8 of the Civil Procedure (Code) Act 2074 (Sections 99 onward). Under Section 101, the defendant is given a period of twenty-one days to appear, excluding the time required for the journey from the defendant's place of residence to the court.

The defendant answers the claim by filing a written statement of defence (pratiuttar patra), the provisions for which appear in Chapter 9 (Sections 119 onward), together with any counterclaim. The statement must ordinarily be filed within twenty-one days of service of the summons; with the court's permission this can be extended, up to a maximum of thirty-six days. Failure to respond within the allotted time has consequences for the defence the party can later raise.

Once pleadings close, the case proceeds through framing of issues, presentation of evidence and witnesses, hearing of arguments, and judgment by the District Court. A party dissatisfied with the judgment may pursue appeal and, where permitted, review or revision, with court fees again payable at those stages under Section 63.

Engaging a registered legal practitioner (advocate) is advisable for both tracks, particularly for drafting a plaint that satisfies Section 95 and for handling remand hearings on the criminal side. Many courts and law firms can estimate the court fee in advance from the claim value, and statutory fee waivers or concessions exist for certain categories of litigant.

Two timing points are easy to get wrong. On the criminal side, insist on the Schedule-6 receipt for your FIR and note that custody for investigation cannot exceed twenty-five days (with the limited grave-offence extension). On the civil side, calendar the twenty-one-day summons and response windows carefully, because deadlines in the Civil Procedure (Code) Act run from service of the summons. This article explains durable statutory procedure only; for the current court-fee schedule, prescribed forms and any amendments, consult the latest official text on the Nepal Law Commission website or a qualified lawyer.