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National Code of Nepal

The National Code is a single comprehensive code that includes criminal and civil code along with the code of procedures of Nepal. The National Code has been replaced by the Muluki Criminal Code and its Code of Procedures and the Muluki Civil Code and its Code of Procedures on August 17, 2018. Officially titled The National Penal Code, 2074 (2017), it exclusively deals with crimes and its punishment. On the other hand, the National Civil Code, 2074 (2017) deals with family law which includes marriage and divorce, property law, contract law, and more.

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History

Main article: Manav Nyaya Shastra

The Manav Nyaya Shastra (Nepali: मानव न्याय शास्त्र; Newari: Nyayavikasini;7 literally: Human Justice Code) is the first codified law of Nepal. It was written during the Malla Dynasty in the 14th century. This is believed to be the root of structured law system in Nepal.

The Mulukī Ain of 1854 is the foundational legal text for modern Nepal.8 The laws remained largely unchanged until 1963. In 2018, the Mulukī Ain was replaced by the new criminal and civil codes, and their respective codes of procedure.9

Outline

It was enacted by king Mahendra. The General Code is divided into the following parts and chapters:

  • Preamble
  • Part 1
On Preliminary Matters
  • Part 2
Chapter 1: On Court Proceedings Chapter 2: On Punishment
  • Part 3
Chapter 1: On Document Scrutiny Chapter 2: On Guarantee Chapter 3: On Bona Vacantia Chapter 4: On Wages Chapter 5: On Pauper Chapter 6: On Lost and Found Quadruped Chapter 7: On Trusts Chapter 8: On Cultivation of Land Chapter 9: On Land Evictions Chapter 10: On Encroachment of Land Chapter 11: On Construction of Buildings Chapter 12: On Husband and Wife Chapter 13: On Partition Chapter 14: On Women's Share and Property Chapter 15: On Adoption Chapter 16: On Inheritance Chapter 17: On General Transactions Chapter 18: On Bailment Chapter 19: On Donation and Gift Chapter 20: On Insolvency/Bankruptcy Chapter 21: On Registration of Deeds Chapter 22: On Default of Payment
  • Part 4
Chapter 1: On Forged Document (Forgery) Chapter 2: On Looting Chapter 3: On Cheating Chapter 4: On Theft/Stealing Chapter 5: On Arson Chapter 6: On Counterfeiting Chapter 7: On Quadruped Chapter 8: On Illegal Detention Chapter 8A: On Kidnapping/Abduction and Hostage Taking Chapter 9: On Hurt/Battery Chapter 10: On Homicide Chapter 11: On Human Trafficking Chapter 12: On Medical Treatment Chapter 13: On Intention of Sex Chapter 14: On Rape Chapter 15: On Incest Chapter 16: On Bestiality Chapter 17: On Marriage Chapter 18: On Adultery Chapter 19: On Decency/Etiquette
  • Part 5
Repeal

References

  1. "Landmark legal reform bills passed". http://myrepublica.nagariknetwork.com/news/landmark-legal-reform-bills-passed ↩

  2. "Best Criminal Lawyer in Nepal । 20 Years Experienced Lawyers". 2024-08-07. Retrieved 2024-09-06. https://primelawnepal.com/criminal-law-firm-in-nepal/ ↩

  3. "Family Law in Nepal | Best Family Lawyer in Nepal | PLA". 2024-08-07. Retrieved 2024-09-06. https://primelawnepal.com/family-law-in-nepal/ ↩

  4. "Court Marriage in Nepal । No.1 Marriage Registration Service". 2024-08-07. Retrieved 2024-09-06. https://primelawnepal.com/court-marriage-registration-process-in-nepal/ ↩

  5. "Divorce Law in Nepal । New Divorce Process in Nepal (2081)". 2024-08-07. Retrieved 2024-09-06. https://primelawnepal.com/divorce-law-in-nepal-divorce-process-in-nepal/ ↩

  6. "Property Lawyer in Nepal | Prime Law Associates". 2024-08-07. Retrieved 2024-09-06. https://primelawnepal.com/property-lawyer-in-nepal/ ↩

  7. Nepal Law Commission (8 January 2022). "Laws made by King Sthitiraj Malla in Bikram Era 1436 (Nepal Era 500) NYAYAVIKASINI (Manavanayashastrat)" (PDF). Nepal Law Commission. Retrieved 8 January 2022. https://www.lawcommission.gov.np/en/wp-content/uploads/2018/09/nyayavikasini-manavanayashastra-of-jayasthiti-malla.pdf ↩

  8. Khatiwoda, Rajan; Cubelic, Simon; Michaels, Axel; Olivelle, Patrick; Pradhananga, Saubhagya (2021). "The "Mulukī Ain" of 1854". Heidelberg University. doi:10.17885/heiup.769. {{cite journal}}: Cite journal requires |journal= (help) https://library.oapen.org/handle/20.500.12657/49657 ↩

  9. "Landmark legal reform bills passed". https://myrepublica.nagariknetwork.com/news/landmark-legal-reform-bills-passed/ ↩