The government attorney decides who is prosecuted, on what charges, and how — a power that shapes every criminal case. How prosecution decisions are made, and how both sides engage them.
Behind every criminal trial stands a figure most citizens never meet: the government attorney (सरकारी वकिल), Nepal's public prosecutor. Police investigate, courts adjudicate — but between them, the prosecutor alone decides whether a file becomes a prosecution, which sections frame it, and how firmly the state presses it. Understanding this office is understanding where cases are truly decided.
Gatekeeper of prosecution
After police complete investigation, the file goes to the government attorney for review. The prosecutor tests sufficiency of evidence, correct legal framing, and public interest — then files the charge sheet, returns the file for further investigation, or declines prosecution. A large share of criminal matters effectively ends at this desk, making pre-charge engagement the highest-leverage advocacy most cases ever receive.
Remand, bail and trial conduct
Prosecutors move remand applications, oppose bail, examine witnesses, and argue sentence. They also process compromise applications — notably the formal Section 26A cheque-bounce compromises routed through their office during investigation. Their stance at bail hearings, informed by victim input they are obliged to consider, heavily influences custody outcomes.
Duties beyond conviction-seeking
The prosecutor's duty runs to justice, not merely convictions: disclosing the case's weaknesses to the court, considering victim views on bail and sentencing, keeping victims informed of progress, and withdrawing unsustainable charges. Professional standards require this even-handedness, and defence counsel routinely hold prosecution to it on record.
Engaging the office — both sides
For complainants: a well-organised file with section-precise complaints and complete annexures earns prosecutorial attention; follow-ups keep it. For the accused: reasoned pre-charge representations — exculpatory documents, correct-section arguments, compromise proposals — can narrow or end cases before charge sheets crystallise positions. Adversarial respect, not antagonism, moves this office.
Key takeaways
- Prosecutors alone decide: prosecute, return for investigation, or decline
- Pre-charge representations are the highest-leverage advocacy available
- Prosecutors must weigh victim views and disclose weaknesses, not just convict
- Compromise routes (e.g. cheque §26A) run through this office
General information for public awareness — not legal advice for your specific situation. Consult an advocate →
Frequently asked questions
Can I meet the prosecutor handling my case?
Through counsel, yes — structured engagement with case materials is normal practice. Direct informal lobbying of prosecutors is inappropriate and counterproductive.
What if the prosecutor refuses to file charges?
Non-prosecution decisions can be questioned through departmental hierarchy and, in fit cases, writ jurisdiction. Fresh or overlooked evidence should be supplied formally.
Does the prosecutor represent me as victim?
The prosecutor represents the state's case, in which your interests largely align — but independent victim-counsel protects interests (compensation, protection, appeal pressure) the state file may underweight.
References
- National Criminal Procedure (Code) Act, 2074, Ch. 3 — prosecution and filing of cases
- Banking Offence and Punishment Act, 2064, Sec. 26A — compromise through government attorney
- Crime Victim Protection Act, 2075 — prosecutor's victim-information duties
Verify current wording and commencement at the Nepal Law Commission (lawcommission.gov.np) before relying on any provision. Reviewed by a Nepal-qualified advocate in May 2026.