National Code of Nepal explained

Short Title:The National Code, 1963
मुलुकी ऐन, २०२०
Long Title:The National Code
Citation:Act No. 67 of 2019 (1963)
Territorial Extent:Whole of Nepal
Enacted By:HM the King Mahendra
Date Enacted:12 April 1963
Royal Assent:12 April 1963
Date Commenced:17 August 1963
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
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
Status:repealed

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 The National Code has been replaced by the Muluki Criminal Code and its Code of Procedures and the Muluki Civil Code and its Code of Procedures on August 17, 2018.[1]

History

See main article: Manav Nyaya Shastra. The Manav Nyaya Shastra (Nepali: मानव न्याय शास्त्र; Newari: Nyayavikasini;[2] 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.[3] 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.[4]

Outline

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

On Preliminary Matters

Chapter 1: On Court Proceedings

Chapter 2: On Punishment

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

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

Repeal

Notes and References

  1. Web site: Landmark legal reform bills passed .
  2. Web site: Nepal Law Commission. 8 January 2022. Laws made by King Sthitiraj Malla in Bikram Era 1436 (Nepal Era 500) NYAYAVIKASINI (Manavanayashastrat). 8 January 2022. Nepal Law Commission.
  3. The "Mulukī Ain" of 1854 . 10.17885/heiup.769 . 2021 . Khatiwoda . Rajan . Cubelic . Simon . Michaels . Axel . Olivelle . Patrick . Pradhananga . Saubhagya . Heidelberg University .
  4. Web site: Landmark legal reform bills passed .