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National Code of Nepal

The National Code (Nepali: मुलुकी ऐन; Muluki Ain, literally: Nation's 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 The National Code has been replaced by the Muluki Criminal Code and its Code of Procedures and the Muluki Civil Code and its Code of Procedures on August 17, 2018.[1] Officially titled The National Penal Code, 2074 (2017), it exclusively deals with crimes and its punishment.[2] On the other hand, the National Civil Code, 2074 (2017) deals with family law[3] which includes marriage[4] and divorce,[5] property law,[6] contract law, and more.

The National Code, 1963
मुलुकी ऐन, २०२०
HM the King Mahendra
  • The National Code
CitationAct No. 67 of 2019 (1963)
Territorial extentWhole of Nepal
Enacted byHM the King Mahendra
Enacted12 April 1963
Royal assent12 April 1963
Commenced17 August 1963
Repeals
Contract Act, 1966
Evidence Act, 1974
Some Nepal Acts Repealing Act, 1990
Court Proceedings Related Some Nepal Acts Amendment Act, 1990
Children Act, 1992
Some Nepal Acts Amendment Act, 1993
Some Nepal Acts Amendment Act, 1999
Slaughtering House and Meat Inspection Act, 1999
Punishment Related Some Nepal Acts Amendment Act, 1999
Contract Act, 2000
Court Proceedings Related Some Nepal Acts Amendment Act, 2002
Some Nepal Acts Amendment Act, 2006
Some Nepal Acts to Maintain Gender Equality Amendment Act, 2006
Republic Strengthening and Some Nepal Laws Amendment Act, 2010
Amended by
National Code (First Amendment) Act, 1964
National Code (Second Amendment) Act, 1967
National Code (Third Amendment) Act, 1968
National Code (Fourth Amendment) Act, 1970
National Code (Fifth Amendment) Act, 1974
National Code (Sixth Amendment) Act, 1976
National Code (Seventh Amendment) Act, 1978
National Code (Eighth Amendment) Act, 1985
National Code (Ninth Amendment) Act, 1986
National Code (Tenth Amendment) Act, 1993
National Code (Eleventh Amendment) Act, 2002
National Code (Twelfth Amendment) Act, 2007
Status: Repealed

History

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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

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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

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  1. ^ "Landmark legal reform bills passed".
  2. ^ "Best Criminal Lawyer in Nepal । 20 Years Experienced Lawyers". 2024-08-07. Retrieved 2024-09-06.
  3. ^ "Family Law in Nepal | Best Family Lawyer in Nepal | PLA". 2024-08-07. Retrieved 2024-09-06.
  4. ^ "Court Marriage in Nepal । No.1 Marriage Registration Service". 2024-08-07. Retrieved 2024-09-06.
  5. ^ "Divorce Law in Nepal । New Divorce Process in Nepal (2081)". 2024-08-07. Retrieved 2024-09-06.
  6. ^ "Property Lawyer in Nepal | Prime Law Associates". 2024-08-07. Retrieved 2024-09-06.
  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.
  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)
  9. ^ "Landmark legal reform bills passed".


 

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