Legal Procedure in Nepal (2026): Civil + Criminal Procedure Pillar Guide

Legal procedure in Nepal is the set of rules that determine how a dispute moves from grievance to judgment. Two statutes from 2074 BS (2017 AD) — the National Civil Procedure Code 2074 and the National Criminal Procedure Code 2074 — provide the modern procedural framework, both commencing on 17 August 2018 (Bhadra 1, 2075 BS). They replaced the older procedural provisions of the Muluki Ain and created a unified, code-based system for the District Court, the High Court and the Supreme Court. Substantive rights live in the Civil Code 2074, the Criminal Code 2074 and the sectoral statutes; the Procedure Codes determine how those rights are vindicated. See our civil-law practice area for related matters.

This 2026 (2083 BS) pillar guide walks through the entire procedural arc in Nepal. On the civil side: the plaint, the summons, the written statement, mediation referral under the Mediation Act 2068, framing of issues, evidence, judgment, decree and execution, and the appellate route. On the criminal side: the First Information Report (FIR), police investigation, arrest and bail, the role of the Attorney General under the State Cases Act 2049, the charge sheet, trial, judgment and appeal. It also covers the constitutional underpinnings (Articles 20, 21, 22 of the Constitution of Nepal 2072), the Evidence Act 2074, court fees, limitation periods, writ jurisdiction under Articles 133 and 144, and the e-filing facilities now available at the Supreme Court and several High Courts.

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What does "legal procedure" mean in Nepal?

Legal procedure is the body of rules that determines how a court hears a case from initiation to final judgment and execution. It is distinct from substantive law: substantive law defines rights and obligations (contracts, crimes, property, family); procedural law defines the steps by which those rights are claimed, defended and enforced before a court. In Nepal, the substantive law for civil matters sits in the Muluki Civil Code 2074; the procedural law for civil matters sits in the National Civil Procedure Code 2074. The same dichotomy applies on the criminal side — the Muluki Criminal Code 2074 defines offences and punishments; the National Criminal Procedure Code 2074 defines how an accused is prosecuted.

This pillar guide is organised around the procedural sequence: where you file, what you file, how the court responds, how the other side responds, how evidence is taken, how the decision is given, and how it is appealed or enforced. Wherever a step is governed by a specific section, statute or constitutional article, the reference is given so practitioners and self-represented litigants can verify against the primary source. See our companion guides to the hierarchy of courts in Nepal and the Muluki Civil and Criminal Procedure Code for deeper coverage of each layer.

What is the court hierarchy in Nepal?

The Constitution of Nepal 2072 (Articles 127-156) establishes a three-tier court system, supported by specialised tribunals for sectoral disputes:

• District Court — the court of original jurisdiction in 77 districts, hearing the great majority of civil and criminal matters at first instance. The District Court has jurisdiction over original civil claims (subject to the pecuniary thresholds for tribunals and the High Court), original criminal trials for most offences, family matters under the Civil Code 2074, land disputes, debt recovery below tribunal thresholds, and execution of decrees.
• High Court — one per province (seven provinces), exercising appellate jurisdiction over District Court judgments, original jurisdiction over certain serious offences (e.g. those carrying life imprisonment or death-equivalent sentences before abolition), writ jurisdiction under Article 144, and supervisory jurisdiction over District Courts within the province.
• Supreme Court — the apex court of the country, sitting in Kathmandu. It exercises appellate jurisdiction (second appeals from the High Court), writ jurisdiction under Article 133, constitutional adjudication, and supervisory jurisdiction over all courts and tribunals. Supreme Court judgments are binding on all subordinate courts (NKP — Nepal Kanoon Patrika is the official law report).

Alongside the regular hierarchy, specialised tribunals operate within their statutory remit: the Labour Court (Labour Act 2074), the Revenue Tribunal (Revenue Act), the Foreign Employment Tribunal (Foreign Employment Act 2064), the Debt Recovery Tribunal (Banking Offences Act), the Administrative Court (Administrative Court Act 2076), the Special Court (Special Court Act 2059) for corruption and money-laundering offences, and the Commercial Bench at the High Court.

How does a civil case start under the Civil Procedure Code 2074?

A civil case in Nepal begins with the plaintiff filing a plaint (firaad-patra in Nepali, also called nalish or ujuri depending on context) at the District Court of jurisdiction. The plaint must comply with Section 25 of the Civil Procedure Code 2074, setting out: the name and address of the plaintiff and the defendant, the facts constituting the cause of action, the dates relevant to the cause, the relief sought (specific performance, damages, declaration, injunction, partition, possession), the valuation for court-fee purposes, and a verification under oath that the contents are true to the plaintiff's knowledge.

The plaint is filed together with the court fee (calculated on the ad valorem schedule for monetary claims and at the fixed-fee schedule for non-monetary claims) and supporting documents — the contract, the title deed, the photographs, the medical reports, the relevant correspondence. Once the plaint is accepted by the Registrar of the District Court, the court issues summons (mvyaad) to the defendant calling them to appear and file a written statement. See our guide on filing a case in Nepal for the step-by-step practitioner workflow and to court fees for the schedule.

What is the written statement and how is it filed?

The defendant must file a written statement (pratiuttar or jawaab) within the time stipulated in the summons — typically 21 days from service, extendable for cause. The written statement is the defendant's formal response: it admits or denies each material allegation in the plaint, sets out any positive defences (limitation, payment, performance, accord and satisfaction, fraud, mistake, illegality), pleads any counterclaim, and verifies the contents under oath. Failure to file a written statement within time gives the court the power to proceed ex parte and pass an ex parte decree on the plaintiff's evidence.

A defendant served abroad — common in cases involving non-resident Nepalis — has an extended period to respond, and may be served through diplomatic channels or by publication where direct service fails. Diaspora defendants typically engage Nepal counsel through a power of attorney to file the written statement and appear at hearings; for the practitioner pathway, see our note on filing a case from abroad in Nepal.

What is the role of mediation in civil procedure?

Court-annexed mediation is a mandatory step in many civil matters under the Mediation Act 2068 (2011) and the Civil Procedure Code 2074. After the written statement is filed, the District Court refers the matter to a mediator from the court-empanelled list. The mediator convenes a series of mediation sessions where both parties (with or without their lawyers) try to reach a negotiated settlement. Where mediation succeeds, the agreed settlement is recorded by the court and given the force of a consent decree; where mediation fails, the matter returns to the litigation track and proceeds to issue framing.

Mediation is well-suited to commercial disputes, family disputes, partition claims, debt-recovery matters, employment claims, and neighbour and boundary disputes — where ongoing relationships or preservation of confidentiality matter. See our guide to mediation in Nepal for procedure, costs and enforcement of mediated settlements.

How are issues framed and evidence taken?

If mediation fails, the court frames the issues — the specific factual and legal questions that the case turns on — based on the plaint and the written statement. Issue framing is a precision exercise; well-framed issues isolate what each party must prove, eliminate concessions, and structure the evidence to follow. The Civil Procedure Code 2074 requires the court to record each issue and the party on whom the burden of proof for that issue falls (typically the plaintiff for the affirmative case, the defendant for positive defences).

Evidence is taken under the Evidence Act 2074. The party with the burden leads first, examining each witness in chief, after which the other side cross-examines, followed by re-examination by the first party. Documentary evidence is produced through the witness who can authenticate it — original or certified copy; admissibility, relevance and weight are determined by the court applying the Evidence Act rules. Expert evidence (medical, forensic, accounting, valuation) is given by independent experts whose credentials the court accepts. See our deep dive into evidence law in Nepal.

What standard of proof applies in civil cases?

The standard of proof in civil cases in Nepal is preponderance of evidence — the party with the burden must satisfy the court that, on the balance of probabilities, their version is more likely true than the other side's. This is materially lower than the criminal standard of beyond reasonable doubt. In numerical shorthand often used by judges and counsel, preponderance is "more likely than not" — a 51% probability suffices. The standard applies to each issue independently; the party with the burden must clear it for each issue they bear.

Where statute imposes a higher civil standard (e.g. fraud allegations often require clear and convincing evidence, defamation involving public officials may require malice with heightened proof), the Evidence Act 2074 and the relevant statute govern. The preponderance default applies to ordinary contract, tort, property and family matters.

How is judgment given and decree drawn?

After the parties have led evidence and made closing arguments, the District Court reserves judgment and delivers it within the time prescribed by the Civil Procedure Code 2074. The judgment recites the issues, the evidence, the court's analysis and the operative findings, and pronounces the relief granted or refused. From the judgment, the court draws the decree (faisala) — the formal court order capturing the operative relief.

A decree may be a money decree (X amount payable by Y date), a possession decree (delivery of immovable property), a declaratory decree (declaration of right or status), an injunction (mandatory or prohibitory), a specific-performance decree (compelling contract performance), or a partition decree (division of joint property with metes and bounds). The decree is the document the successful party uses to enforce against the losing party in execution proceedings.

How is a decree executed under the Civil Procedure Code 2074?

A decree that the losing party does not voluntarily satisfy must be enforced through execution proceedings in the District Court. The decree-holder files an execution petition and the court issues notice to the judgment-debtor. Modes of execution include: attachment and sale of movable property, attachment and sale of immovable property, attachment of bank accounts, garnishment of wages, delivery of possession (for possession decrees), arrest and civil detention (in limited categories — typically money decrees where the debtor has means but refuses to pay), and receivership (for going-concern businesses).

Execution is often the most contested phase of litigation, with the judgment-debtor mounting objections to valuation, claiming property is not theirs, claiming third-party rights, or seeking instalment relief. Counsel running an execution file structures it methodically — asset tracing first, attachment second, sale and distribution third — to maximise recovery for the decree-holder.

What is the appeal route in civil cases?

An aggrieved party may appeal a District Court judgment to the High Court of the province within the limitation period prescribed by the Civil Procedure Code 2074 — generally 35 days from the date of judgment for civil matters, extendable for cause. The first appeal is on both fact and law: the High Court can re-examine the evidence, re-frame issues, and substitute its own findings. A further appeal lies to the Supreme Court on questions of law and where leave is granted under the Court Rules.

The Supreme Court's appellate jurisdiction is largely discretionary — it accepts cases involving substantial questions of law, conflicting High Court decisions, or matters of public importance. It also exercises original writ jurisdiction under Article 133 of the Constitution of Nepal 2072, which is distinct from the appellate route. See our guide to writ procedure in Nepal.

How does a criminal case start in Nepal?

A criminal case in Nepal starts with a First Information Report (FIR) at the police station of the place where the offence occurred. The FIR is the formal complaint that triggers police investigation. It is filed by the victim, a witness, or any person with knowledge of the offence — and in the case of certain "state cases" (sarkari mudda) where the state itself is the complainant, the FIR is registered by the police of its own motion. The complainant gives a written or oral statement which the police record in the FIR register and provide a copy to the complainant.

The Criminal Procedure Code 2074 distinguishes between cognisable and non-cognisable offences. Cognisable offences (serious offences such as homicide, rape, theft, robbery, kidnapping, cyber-crime under the Electronic Transactions Act, and corruption) allow the police to arrest without warrant and to investigate without prior court approval. Non-cognisable offences require a court-issued warrant before arrest and investigation. The cognisability schedule is set out in the Criminal Procedure Code 2074 and the relevant sectoral statutes.

How does police investigation work?

Following FIR registration, the investigating officer (typically a Sub-Inspector or above) collects evidence: visits the scene, takes statements from witnesses under Section 17 of the Criminal Procedure Code 2074, seizes physical evidence, sends samples to forensic laboratories, obtains medical reports, retrieves CCTV footage and electronic records under judicial authorisation where required, and submits regular progress reports to the Government Attorney's office. The investigation must be completed within the statutory time limits in the Criminal Procedure Code 2074 — failure to file a charge sheet within time gives the accused the right to release.

The accused has constitutional rights at this stage. Article 20 of the Constitution of Nepal 2072 guarantees the right against self-incrimination and the right to legal counsel; Article 22 prohibits torture and cruel treatment during investigation. Confessions obtained under duress are inadmissible under the Evidence Act 2074. The investigating officer must produce the accused before the District Court within 24 hours of arrest (excluding travel time) under Article 24 of the Constitution.

What are arrest and bail under the Criminal Procedure Code 2074?

Arrest in cognisable offences is by the police without warrant; in non-cognisable offences, the police must obtain a warrant from the District Court. After arrest, the police produce the accused before the District Court within 24 hours; the court hears the prosecution and the defence and decides whether to remand the accused (return to police custody for further investigation, typically up to 25 days in total in stages), grant judicial custody (jail), or release on bail.

Bail under the Criminal Procedure Code 2074 may be cash bail, surety bail (where a third party stands surety), or personal bond, depending on the offence and the court's assessment of flight risk, severity of the offence, and likely tampering with evidence. For offences carrying life imprisonment or capital sentences pre-abolition, bail is more restrictively granted; for offences with shorter sentences, bail is more readily available. The Supreme Court has issued a number of bail-jurisprudence judgments under the post-Constitution framework on the right to bail as the rule, jail as the exception.

What is the role of the Attorney General?

The Attorney General of Nepal, established under Articles 157-159 of the Constitution of Nepal 2072, is the chief legal officer of the state and the prosecutor for all state cases. The State Cases Act 2049 (1992) provides the statutory framework: most serious offences (homicide, rape, kidnapping, organised crime, public-property offences) are state cases, prosecuted by Government Attorneys under the supervision of the Attorney General. The victim or complainant is not the prosecutor; the state is the prosecutor, and the victim is a witness whose interests are represented through the Government Attorney.

The Government Attorney decides whether to file a charge sheet (abhiyog-patra) and what charges to include, after reviewing the police investigation file. The Government Attorney is independent of the investigation police and exercises prosecutorial discretion. For non-state cases (private complaint matters under the Criminal Procedure Code 2074 schedule), the complainant prosecutes through their own counsel.

What is the charge sheet and how is trial conducted?

The charge sheet (abhiyog-patra) is the formal accusation document filed by the Government Attorney (or by a private complainant for non-state cases) at the District Court. It sets out the offences charged, the section numbers of the Criminal Code 2074 or sectoral statute, the alleged facts, the list of prosecution witnesses, and the documentary and physical evidence to be relied on. The court issues notice to the accused who appears, takes a position (plea), and the matter proceeds to trial.

At trial under the Criminal Procedure Code 2074, the prosecution leads first — examining each witness in chief, after which the defence cross-examines and re-examination follows. The defence then leads its own evidence (the accused is competent but not compellable as a witness — a constitutional guarantee). Each side makes closing arguments, and the court delivers judgment. Where the court convicts, it pronounces sentence after a separate sentencing hearing under the Sentencing Act 2074. Read our companion piece on the aggravating and mitigating factors in criminal sentencing.

What standard of proof applies in criminal cases?

The standard of proof in criminal cases in Nepal is beyond reasonable doubt — the prosecution must prove every element of the offence to a standard that leaves no reasonable doubt in the mind of the court. Reasonable doubt is doubt arising from the evidence (or absence of evidence) that a fair-minded person would entertain on the proof presented. The standard is materially higher than the civil preponderance standard. The burden of proof on each element is on the prosecution throughout; positive defences (self-defence, insanity, alibi, consent in qualified offences) shift only a limited evidential burden to the accused.

Article 20 of the Constitution of Nepal 2072 guarantees the presumption of innocence — the accused is presumed innocent until proved guilty by competent court. The burden never shifts to the accused to prove innocence; the prosecution must prove guilt. This is a foundational constitutional safeguard that runs through every step of criminal procedure.

What is writ jurisdiction under Articles 133 and 144?

Writ jurisdiction is the constitutional remedy for enforcement of fundamental rights and for review of any legal injury. Article 133 of the Constitution of Nepal 2072 confers writ jurisdiction on the Supreme Court; Article 144 confers it on the High Court. The five traditional writs operate in Nepal: habeas corpus (release from illegal detention), mandamus (command to a public authority to perform a legal duty), certiorari (quashing an illegal order of a tribunal or authority), prohibition (preventing a tribunal from exceeding its jurisdiction), and quo warranto (challenging the holding of a public office).

Writ petitions bypass the regular hierarchy where a fundamental-rights violation or a question of public-law illegality is alleged. They are heard expeditiously and are the principal vehicle for constitutional adjudication. For procedure, court fees and the practitioner workflow, see our dedicated guide to writ procedure in Nepal.

How are court fees calculated?

Court fees in Nepal are calculated under the Court Fee Act and the schedules thereunder. For civil matters with a monetary valuation (money suits, partition with monetary equivalent, recovery suits), the fee is ad valorem — a percentage of the claimed amount, with the percentage typically tapering down as the value rises (a slab structure). For non-monetary matters (declarations, injunctions, status declarations, writs), the fee is a fixed amount set by schedule. For criminal matters, the prosecution is initiated by the state and the complainant typically does not bear court fees.

Court fee is payable at the time of filing and is a precondition to acceptance of the plaint or petition. A litigant of inadequate means may apply for waiver or instalment of court fees under the in forma pauperis provisions of the Civil Procedure Code 2074. See our companion guide on court fees in Nepal for the slab table and worked examples.

What are limitation periods in Nepal?

Limitation periods are statutory time-bars on bringing a case. Civil claims under the Civil Code 2074 generally carry a two-year limitation from the date the cause of action accrued (Section 544 for contract claims). Tort claims carry one to three years depending on the category. Land-recovery claims carry longer periods (often 35 years or more, depending on the right asserted) under the Civil Code 2074 and the Land-Related Act. Criminal limitation under the Criminal Procedure Code 2074 varies by offence — serious offences (homicide, rape, certain corruption offences) have no limitation; lesser offences carry limitations from three months to several years.

Claims filed after the limitation period are barred regardless of merit unless the limitation is extended on specific grounds (concealment, minority, mental incapacity, fraud, acknowledgement of debt). The defendant must plead limitation as a defence; the court may also raise it of its own motion where the bar is apparent on the face of the plaint.

How does e-filing work at the Supreme Court?

The Supreme Court of Nepal has rolled out an e-filing facility for writ petitions and certain appellate filings, accessible through its official portal at supremecourt.gov.np. Registered users (typically advocates with Nepal Bar Council membership) can file pleadings, pay court fees electronically through approved gateways, receive electronic notices, and access case status. High Courts in several provinces have followed with their own e-filing facilities; District Courts are progressively digitising through the Integrated Court Case Management System project.

E-filing reduces physical visits and accelerates routine procedural steps, but in-person attendance is still required for hearings, evidence-taking, and judgment pronouncement. Practitioners typically combine electronic filing for routine paper movement with physical attendance for substantive hearings. For NRN litigants and others abroad, see filing a case from abroad in Nepal.

How does appeal from High Court to Supreme Court work?

An appeal from a High Court judgment to the Supreme Court is filed within the limitation period under the Supreme Court Act and the Court Rules — generally 70 days for civil appeals from the date of the High Court judgment, with some variation by case category. The Supreme Court appeal is on questions of law primarily; it does not normally re-examine factual findings unless those findings are perverse or unsupported by evidence. Where the appeal raises a substantial question of law or a question of general public importance, the Supreme Court entertains it; otherwise it may decline leave.

The Supreme Court sits in different formations — single bench, division bench (two judges), full bench (three judges), and constitutional bench (five judges for constitutional questions). The bench composition depends on the nature of the question and the precedential effect required. Constitutional-bench rulings on the validity of statutes or executive action have erga omnes effect — binding all courts and the executive.

What is execution of a criminal judgment?

A criminal conviction in Nepal is executed by the state. A sentence of imprisonment is carried out by the Department of Prison Management under the Prison Act; a fine is recovered by the District Court treasury, with default in payment leading to additional imprisonment in line with the Sentencing Act 2074. Capital punishment is not in force in Nepal — the Constitution of Nepal 2072 has effectively abolished it for most offences. Confiscation of property, where ordered, is executed through the District Land Revenue Office (for immovable property) and the relevant registry (for movable assets).

The convict has rights during execution — to access counsel, to file appeals, to apply for remission or parole under the Prison Act, to apply for the President's mercy under Article 276 of the Constitution. Wrongful conviction relief is available through review jurisdiction at the Supreme Court and through constitutional writs.

How can Alpine Law Associates help with legal procedure in Nepal?

Alpine Law Associates handles the full procedural arc — civil and criminal — across the District Court, the High Court and the Supreme Court of Nepal. Our civil litigation team drafts and files plaints, written statements, evidence affidavits, applications, and appeal memos under the Civil Procedure Code 2074, covering commercial, family, property, and tortious matters. We represent clients at mediation, framing of issues, evidence-taking, judgment delivery and execution. Our writ practice handles habeas corpus, mandamus, certiorari, prohibition and quo warranto under Articles 133 and 144 at both the Supreme Court and the High Court.

Our criminal litigation team appears for the accused, the complainant and the victim across the Criminal Procedure Code 2074 workflow — from FIR registration and bail hearings to charge sheet, trial, judgment and appeal. We coordinate with the Government Attorney's office in state cases and run private prosecutions where the law permits. As a full-service law firm in Nepal, we combine procedural representation with substantive advisory on the underlying contract, family, property, regulatory or criminal issues — so the litigation strategy aligns with the client's wider commercial and personal objectives.

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Last reviewed: April 2026