The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011

འག་གི་ཞི་ོད་དང་ཉེས་ོད་་བའི་གནད་ོད་ི་ིམས་དེབ་

(འི་ོན) བཅའ་ིམས་ ༢༠༡༡ ཅན་མ།

THE CIVIL AND CRIMINAL PROCEDURE CODE

(AMENDMENT) ACT OF BHUTAN 2011

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011

TABLE OF CONTENTS

Page

Short Title, Commencement and Extend 1

In the Code, Section 4 (d) is amended 1

In the Code , Section 9 (d) is amended 2

In the Code, Section 10 (b) is amended 2

In the Code, Section 13 is amended 2

In the Code, Section 13.1 is amended 3 In the Code, Section 13.3 is amended 3

In the Code, Section 14 is amended 3

In the Code, Section 14.1 is repealed 4

In the Code, Section 15 is amended 4

In the Code, Section 18 is amended 4

In the Code, Section 29 is amended 4

In the Code, Section 42 ( b) is amended 5

In the Code, Section 42.1 is amended 5

In the Code, after Section 96 a new section is inserted 5

In the Code, Section 97 is amended 5

In the Code, Section 98 is amended 5

In the Code, Section 99.6( c) is amended 6

In the Code, Section 101.3 is repealed 6

In the Code, Section 107.1 is amended 6

In the Code, Section 112 is repealed 6

In the Code, Section 114 is repealed 6

In the Code, Section 148.1 is amended 6

In the Code, Section 150 is amended 6

In the Code, Section 153.1 is amended

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011

7

In the Code, Section 171 is amended 7

In the Code, Section 178 is amended 7

In the Code, Section 178.1 is amended 7

In the Code, Section 186 is amended 7

In the Code, Section 186.1 is amended 8

In the Code, Section 191.1 is amended 8

In the Code, after Section 191.1, a new section is inserted 9

In the Code, Section 194 is amended 9

In the Code, Section 195.1 is amended 9

In the Code, Section 197.3 is amended 9

In the Code, after Section 199.8 , a new Section is inserted 10

In the Code, Section 205 is amended 10

In the Code, Section 208(a) is repealed 10

In the Code, after Section 212, a new Section is inserted 10

In the Code, the title of Chapter 44 is amended 11

In the Code, the sub-title before Section 213 is repealed 11

In the Code, Section 213 is repealed 11

In the Code, Section 213.1 is repealed 11

In the Code, Section 213.2 is repealed 11

In the Code, After Section 213.2 (e) a new

section is inserted

12

In the Code, Section 214 is amended 12

In the Code, Section 215 is amended 12

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 1

THE CIVIL AND CRIMINAL PROCEDURE CODE

(AMENDMENT) ACT OF BHUTAN 2011

An Act to amend the Civil and Criminal Procedure Code of

Bhutan 2001.

Parliament of the Kingdom of Bhutan do hereby enact the Civil

and Criminal Procedure Code(Amendment) Act of Bhutan 2011

on the 23 rd

Day of the 3 rd

Month of Iron Female Rabbit Year of

the Bhutanese Calendar corresponding to the 25 th

Day of May,

2011 at its 7 th

Session of the First Parliament as follows:

Short Title, Commencement and Extent

1. This Act shall:

a) Be called THE CIVIL AND CRIMINAL

PROCEDURE CODE (AMENDMENT) ACT OF

BHUTAN 2011;

b) Come into force on the 4th Day of the 5th Month of

Iron Female Rabbit Year of the Bhutanese Calendar

corresponding to the 5 th

Day of July, 2011; and

c) Extend to the whole of Bhutan.

2. In the Civil and Criminal Procedure Code of Bhutan

2001, hereinafter referred to as the Code, Section 4

(d) is amended as :

“protecting the privacy of a child in conflict with law;

and”

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 2

3. In the Code , Section 9 (d) is amended as :

“have four Drangpons appointed by the Druk Gyalpo by

warrant under His hand and seal in consultation with the

National Judicial Commission”.

4. In the Code, Section 10 (b) is amended as :

“have eight Drangpons appointed by the Druk Gyalpo

by warrant under His hand and seal on the

recommendation of the National Judicial Commission;”

5. In the Code, Section 13 is amended as :

“The Druk Gyalpo shall, by warrant under His hand and

seal, appoint:

a) the Chief Justice of Bhutan, in consultation with the

National Judicial Commission;

b) Drangpons of the Supreme Court, in consultation with

the National Judicial Commission; and

c) Chief Justice and Drangpons of the High Court, upon

the recommendation of the National Judicial

Commission”.

6. In the Code, Section 13.1 is amended as :

“The Chief Justice of Bhutan shall appoint Drangpons

of the Dzongkhag and Dungkhag Courts, upon the

recommendation of the Royal Judicial Service Council”.

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 3

7. In the Code, Section 13.3 is amended as :

“After receiving the warrant of appointment from the

Druk Gyalpo, the Chief Justice shall administer an “oath

of Allegiance and Secrecy” before a court and obtain a

written pledge as follows:

“ I……….in the name of the Tripple Gem and the

guardian deities of the Kingdom of Bhutan do solemnly

swear and affirm that I will faithfully perform the duties

of my office without fear and favour, affection or ill-

will and will to the best of ability, preserve, protect and

defend Tsa-Wa-Sum with Tha Damtsi and Ley

Jumdrey,”

8. In the Code, Section 14 is amended as :

“The Druk Gyalpo shall appoint members of the

National Judicial Commission by warrant under His

hand and seal. The National Judicial Commission shall

comprise:

a) The Chief Justice of Bhutan as Chairperson;

b) The senior most Drangpon of the Supreme Court;

c) The Chairperson of the Legislative Committee of the National Assembly; and

d) The Attorney General”.

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 4

9. In the Code, Section 14.1 is repealed.

10. In the Code, Section 15 is amended as :

“The independence of the Drangpons of the Supreme

Court and the High Court shall be guaranteed, provided

that a Drangpon may be censured or suspended by a

command of the Druk Gyalpo on the recommendation

of the National Judicial Commission for proven

misbehavior, which, in the opinion of the Commission,

does not deserve impeachment”.

11. In the Code, Section 18 is amended as :

“Where a question of law or fact is of such a nature and

of such public importance that it is expedient to obtain

the opinion of the Supreme Court upon it, the Druk

Gyalpo may refer the question to that Court for its

consideration. The Court shall hear the reference and

submit to the Druk Gyalpo its opinion thereon”.

12. In the Code, Section 29 is amended as :

“The Royal Courts of Justice shall apply International

Conventions, Covenants, Treaties and Protocols that are

duly acceded to by the Royal Government of Bhutan

and ratified by the Parliament of Bhutan”.

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 5

13. In the Code, Section 42 ( b) is amended as :

“daily allowance at the prevailing rate prescribed by the

minimum wage”.

14. In the Code, Section 42.1 is amended as :

“If the Court summoned the witness sua sponte, after

considering it necessary, expedient or otherwise in the

interest of justice to do so, the Government shall pay

reasonable travelling fare and daily allowance at the

prevailing rate prescribed by the minimum wage”.

15. In the Code, after Section 96 a new section is inserted, namely:

“Section 96A

The judgment of the Court shall be made accessible in

the public domain which shall include libraries”.

16. In the Code, Section 97 is amended as :

“It shall be the discretion of the Court based on the

outcome of a case to determine an appropriate

assignment of costs and other expenses related to the

suit”.

17. In the Code, Section 98 is amended as :

“The Court may order a defaulting party to pay costs to

the attending party calculated at the rate prescribed

under the minimum wage”.

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 6

18. In the Code, Section 99.6( c) is amended as :

“agricultural land to the extent of minimum acre ceiling

prescribed by the Land Act of Bhutan;”

19. In the Code, Section 101.3 is repealed.

20. In the Code, Section 107.1 is amended as :

“Finding of civil contempt shall result in

fine/imprisonment until the civil order has been

complied with. However, for the monetary case the

person shall be imprisoned for a number of years

calculated based on value based sentencing.”

21. In the Code, Section 112 is repealed.

22. In the Code, Section 114 is repealed.

23. In the Code, Section 148.1 is amended as :

“Such person shall be, in the case of a child, be

represented by the parents / family member / guardian /

Jabmi”.

24. In the Code, Section 150 is amended as :

“At any stage of the proceedings, it shall be open to the

parties to take the help of members of the concerned

Local Government or Barmi as mediators for mutual

settlement of a civil case in accordance with the

requirements of this Code”.

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 7

25. In the Code, Section 153.1 is amended as :

“The party may be liable for such costs as the Court may

award calculated in accordance with the minimum

wage”.

26. In the Code, Section 171 is amended as :

“A search shall be made in the presence of one or more

members of the concerned Local Government or any

other competent witness”.

27. In the Code, Section 178 is amended as :

“A vehicle/aircraft/vessel/train/conveyance may be

searched where reasonable cause exists or upon the

arrest of the driver/pilot/passenger”.

28. In the Code, Section 178.1 is amended as :

“If the vehicle/aircraft/vessel/train/conveyance itself is

being subjected to a valid warranted search, closed

containers found in the vehicle/aircraft/vessel/train/

conveyance may be searched without a warrant”.

29. In the Code, Section 186 is amended as :

“The Court may order an accused to be remanded to

police/judicial custody, if there exists reasonable cause

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 8

that he/she has perpetrated a crime, within the limits

prescribed by this Code”.

30. In the Code, Section 186.1 is amended as :

“The Court may, depending on the nature of the crime,

order the accused to be released on bail, in lieu of

detention”.

31. In the Code, Section 191.1 is amended as :

“The Court, prior to the preliminary hearing, may from

time to time authorize the detention of the accused for a

reasonable duration calculated from the date of issuance

of the first remand order which in the whole shall not

exceed:

(a) Forty nine days, if satisfied that adequate grounds

exist for doing so; and

(b) One hundred and eight days, where the investigation

relates to a heinous crime”.

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 9

32. In the Code, after Section 191.1 , a new section is

inserted, namely :

“Section 191.2

A person detained prior to conviction under this Code

shall have the rights of access to and advice from a

Jabmi and of access to family members”.

33. In the Code, Section 194 is amended as :

“Persons accused of the same offence or any offence

that can be reasonably construed to have been

committed during the same criminal transaction may be

charged and presented together in the Preliminary

Hearing except child in conflict with law”.

34. In the Code, Section 195.1 is amended as :

“In the case of child in conflict with law, his/her

parents/member of family/legal guardian/Jabmi may

make a plea of guilty or Nolo Contendere only in the

best interest of the child in conflict with law”.

35. In the Code, Section 197.3 is amended as :

“Before confirming a plea bargain, the prosecution shall

determine whether the defendant is mentally competent

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 10

and is a child in conflict with law, and if so is

represented by parent/member of a family/legal

guardian/ Jabmi, and understands:”

36. In the Code, after Section 199.8 , a new Section is

inserted, namely:

“Section 199.8A

Non-Bailable Offence

The Court shall not grant bail to a person who has been

charged with;

(a) an offence against the security and sovereignty of the

country; and

(b) an offence of or above felony of the second degree”.

37. In the Code, Section 205 is amended as :

“The prosecution may move the Courts for new trials

based on newly discovered evidence or on other

grounds”.

38. In the Code, Section 208(a) is repealed.

39. In the Code, after Section 212, a new Section is inserted, namely:

“Section 212A

A person detained and acquitted thereof or subjected to

unlawful detention is entitled to be compensated for the

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 11

loss of income caused by the criminal proceedings or

unlawful detention and to be reinstated at the former

place of work”.

40. In the Code, the title of Chapter 44 is amended as :

“Miscellaneous”

41. In the Code, the sub-title before Section 213 is

repealed.

42. In the Code, Section 213 is repealed.

43. In the Code, Section 213.1 is repealed.

44. In the Code, Section 213.2 is repealed.

45. In the Code, after Section 213.2 (e) a new section is

inserted namely:

“Section 213.3

Amendment

The amendment to this Act by way of addition, variation

or repeal shall be effected by simple majority of the

respective Houses or vote of no less than two-thirds of

the total members of Parliament present and voting on a

The Civil and Criminal Procedure Code (Amendment) Act of Bhutan2011 12

motion submitted by one-third of the members of either

House”.

46. In the Code, Section 214 is amended as :

“In any instance of a difference in meaning between the

Dzongkha and the English texts of this Act, Dzongkha

text shall be regarded as the authoritative text”.

47. In the Code, Section 215 is amended as :

“Drangpons of the:

a) Dungkhag and Dzongkhag Court shall be addressed

as Judges in English; and

b) High Court and Supreme Court shall be addressed

as Justices”.