Nepal Muluki Civil Code 2074: Plain-English Guide (2026)

Most Nepalis only encounter the Muluki Civil Code 2074 the moment a marriage, divorce, inheritance dispute, contract breach, or property partition lands on their plate — and they suddenly need to know which Part, which Chapter, and which Section actually applies. See our civil-law practice area for related matters.

The Muluki Civil Code 2074 (2017 AD) and the Muluki Criminal Code 2074 came into force on 17 August 2018, replacing the 1963 Muluki Ain and consolidating Nepal's substantive private and criminal law into two modern, rights-based statutes administered through the District Courts and High Courts.

Below is the working overview our team uses with clients — the structure of both Codes, the major chapters, the family-law and contract reforms, and how the Civil and Criminal Codes interact with the procedure codes that govern enforcement.

Alpine Law Associates — trusted by 1,000+ clients across family, corporate, civil, and criminal cases in Nepal.

Speak with our lawyers today →

Our litigation team applies these Codes every working day — Civil Code Part 3 in divorce and partition cases, Part 5 in contract disputes, Part 6 in property cases, and the Criminal Code in defence and victim representation across the spectrum of offences. The most common friction we see is a client citing the old Muluki Ain instead of the 2074 Codes, or mixing substantive provisions (Civil Code) with procedural rules (Civil Procedure Code) in the same argument. As a full-service law firm in Nepal, we map a client's situation to the correct Code, the correct Chapter, and the correct Section before any pleading is drafted.

What Is the Muluki Civil Code 2074?

The Muluki Civil Code 2074 — officially the Muluki Civil Sahita Act 2074 — is Nepal's modern private-law statute. Enacted by Parliament in 2074 BS (2017 AD), brought into force on 17 August 2018 (1 Bhadra 2075 BS), it consolidates marriage and family, contract, property, inheritance, tort, and personal-status law into a single coherent statute.

Three things make the Civil Code different from the old Muluki Ain it replaced:

• Codification: rather than a sprawling mix of customary rules, the Code is structured in Parts, Chapters, and Sections — easy to cite, easy to amend
• Rights-based framing: the Code centres individual and group rights (women, children, marginalised) far more explicitly than the Ain
• Modern doctrine: contract law, property law, and tort principles are aligned with international comparative-law standards

The Civil Code does not stand alone. It is one of four 2074 Codes that together form Nepal's modern legal foundation:

For a deep dive into the procedure side, see our Civil and Criminal Procedure Codes 2074 guide — this article focuses on the substantive Codes.

Key takeaway: when a Nepali statute refers to "the Civil Code" or "the Criminal Code" without further specification, in 2026 it almost always means the Muluki Civil Code 2074 or the Muluki Criminal Code 2074 — not the old Muluki Ain.

Structure of the Muluki Civil Code 2074

The Civil Code is organised into Parts, then Chapters, then Sections. The five Parts (with one Preliminary Part 1) cover the full sweep of private law:

Total: roughly 700+ sections across the Civil Code, making it the longest single Nepali statute in modern history. The Sections are numbered continuously across Parts (Section 1 in Part 1 onwards), so cross-Part referencing is straightforward.

Key Provisions of the Civil Code — Family Law (Part 3)

Part 3 of the Civil Code is the most-litigated part of the entire statute. It rewrote Nepali family law in 2018 with significant gender-equality reforms.

Marriage

• Minimum age: 20 years for both men and women — raised from the old 18-for-women rule under the Muluki Ain
• Marriage as legal-and-social contract: registration is strongly emphasised for legal validity
• Court marriage: civil registration at the District Court fully recognised — see our court marriage in Nepal guide
• Marriage with foreigners: recognised on parity, with court marriage registered at the District Court
• Polygamy: criminalised — under both the Civil Code (annulment) and Criminal Code (offence)

Divorce

• Equal grounds: divorce grounds expanded for both spouses — desertion, cruelty, impotence, adultery, mutual consent
• Mutual consent: simplified procedure
• Property division: 50-50 principle for property acquired during marriage
• Alimony: both spouses can claim, based on need and contribution
• Custody: child's best interest paramount; age-based rules with mother's preference for younger children
• Marital rape: criminalised under the Criminal Code 2074

Inheritance

• Equal rights: sons and daughters inherit equally
• Statutory succession: clear order of heirs replaces customary patterns
• Will: recognised, with formalities for execution and witnesses
• Women's inheritance: daughters retain inheritance rights after marriage; widows have property entitlements

For specific divorce and family-law procedures see our divorce process guide, partition of property guide, and daughters' property rights guide.

Key takeaway: Part 3 of the Civil Code 2074 is the gender-equality engine of Nepali family law. Most modern divorce, inheritance, and property cases are decided under Part 3, not under the old Muluki Ain.

Key Provisions of the Civil Code — Contract (Part 5)

Part 5 — Contract — comprises sixteen Chapters covering the full life-cycle of contractual relations. It replaced the older Contract Act 2056 (2000) and consolidated specialised contract types into one Part:

For deeper coverage of contract law topics, see our specialist guides on elements of contract, breach of contract, remedies, and lease contracts.

The Muluki Criminal Code 2074

The Muluki Criminal Code 2074 is the substantive penal code — it defines what conduct is criminal and the maximum penalty, but procedure (FIR, investigation, trial) is in the separate Criminal Procedure Code 2074.

The Criminal Code is structured into 22 Chapters covering offences against:

1. The State — sedition, espionage, anti-state activity
2. Public Order and Tranquility — riot, unlawful assembly
3. Public Health, Safety, Morals — adulteration, obscenity
4. Religion and Caste — religious offences, caste-based discrimination
5. The Person — homicide, hurt, abduction, rape
6. Marriage and Family — polygamy, dowry, marital rape, child marriage
7. Property — theft, robbery, dacoity, criminal misappropriation
8. Documents and Property Marks — forgery, counterfeiting
9. Defamation, Privacy, Reputation — covered alongside Privacy Act 2075
10. Public Servants — bribery, abuse of office, contempt

The Criminal Code abolished capital punishment for all offences (consistent with Article 16 of the Constitution of Nepal 2072 — see our fundamental rights guide). Life imprisonment is now the maximum penalty.

How the Civil Code and Criminal Code Differ

Most Nepalis use "civil case" and "criminal case" interchangeably, but the underlying Codes serve different purposes and produce different remedies:

Some incidents trigger both — for example, a property fraud may produce a civil suit for return of the property under the Civil Code AND a criminal prosecution for cheating under the Criminal Code. The two cases run in parallel in different forums.

How Cases Under the Codes Are Filed

The journey from incident to remedy depends on the Code involved:

For the procedural side that determines how each case actually moves through court, see our Civil and Criminal Procedure Codes guide. For filing a case generally, see filing a case in Nepal.

Major Reforms Introduced by the 2074 Codes

Compared to the 1963 Muluki Ain, the 2074 Codes brought major reforms — many of which are now standard practice but were genuinely new in 2018:

• Equal marriage age — 20 for both men and women
• Polygamy criminalised — both Civil Code (annulment) and Criminal Code (offence)
• Marital rape recognised — first time in Nepali statutory law
• Equal property rights for daughters and wives — 50-50 division on divorce
• Structured contract law — 16 chapters in Part 5, replacing the older Contract Act 2056
• Tort law codified — Part 6 brings tort principles under one Part
• Capital punishment abolished — Criminal Code adopts the Constitutional position from Article 16
• Inheritance equality — sons and daughters inherit on parity
• Privacy as a tort — privacy violations actionable as torts under the Civil Code, alongside the Privacy Act 2075

Key takeaway: the 2074 Codes are not just a tidier version of the Muluki Ain — they are a substantive reform programme, especially in family law, that brought Nepali statutory law in line with the Constitution of Nepal 2072.

How the Sentencing Act 2074 Connects to the Penal Code

The fourth pillar of the 2074 reform — alongside the Civil Code, Criminal Code and the two procedure codes — is the National Sentencing Act 2074 (Faujadari Kasur Niyantran tatha Sajaaya Nirdharan tatha Karyanwayan Sambandhi Ain 2074). The Sentencing Act provides the proportionality framework that determines the actual sentence within the statutory maximum fixed by the Penal Code. Before the 2074 reform, sentencing was largely discretionary; the Sentencing Act now requires the court to identify aggravating and mitigating factors, apply a structured calculus, and record reasons for the sentence imposed.

For criminal practitioners, this is a material change. A successful conviction-stage defence does not always lead to acquittal — but it can lead to a materially lower sentence if the mitigating factors are properly pleaded and proved. The Sentencing Act lists factors expressly: age and circumstances of the accused, role in the offence, prior record, remorse, cooperation with investigation, compensation paid to the victim, and circumstances tending to reduce culpability. Aggravating factors include premeditation, abuse of trust or authority, vulnerability of the victim, and use of weapons. Each factor must be argued on the record, not assumed.

The Act also governs alternative sentencing in eligible categories — community service, suspended sentences with conditions, and probationary release. Counsel running a defence file therefore plans the sentencing stage from the outset: collecting victim-compensation evidence, character references, employment records and rehabilitation steps so the file is ready if conviction occurs.

Specialised Statutes That Sit Alongside the Codes

The Muluki Codes are the foundation, but they do not occupy the entire field. Several specialised statutes operate alongside them and prevail in their area of coverage:

• Labour Act 2074 — governs employer-employee relations, contracts of service, termination, and labour disputes; the Labour Court has primary jurisdiction with specific procedural rules.
• Companies Act 2063 — governs incorporation, governance, shares, restructuring and winding-up; offences under the Act are prosecuted under it rather than the Penal Code.
• Banking Offence and Punishment Act 2064 — covers cheque bounce, banking fraud, and offences against financial institutions; prosecution is under this Act with the Penal Code's general principles applying.
• Electronic Transactions Act 2063 — governs cyber offences, digital signatures, and electronic evidence; some conduct may be charged under both this Act and the Penal Code.
• Domestic Violence (Crime and Punishment) Act 2066 — specialised criminal-civil hybrid framework for domestic violence with bespoke remedies and procedure.
• Income Tax Act 2058 / Value Added Tax Act 2052 — tax offences are prosecuted under these statutes; the IRD has independent enforcement powers alongside the Penal Code.
• Negotiable Instruments Act 2034 — governs cheques and promissory notes; works with the Banking Offence Act for criminal sanctions on dishonoured cheques.

The practical implication is that a complete pleading often needs the Civil Code or Penal Code provision plus the specialised statute provision. Citing only one side leaves the case exposed. For complex matters touching multiple specialised statutes — for instance a labour-court claim with parallel corporate-law and tax exposure — the pleading must explicitly map each cause of action to its statutory base and the appropriate forum for each.

Common Mistakes When Citing the Codes

From our litigation desk, the recurring procedural errors:

• Citing the old Muluki Ain. The 1963 Muluki Ain is no longer good law except for transitional savings. Plead under the 2074 Codes.
• Mixing substantive and procedural codes. Civil Code 2074 governs the right; Civil Procedure Code 2074 governs the suit. Both are needed for a proper plaint.
• Wrong forum. Most cases start at the District Court, but specific subjects (commercial, debt recovery, labour) have specialised tribunals — check before filing.
• Wrong procedure code. Cases mistakenly filed under the wrong procedure code can be returned by the court at registry stage.
• Missing limitation period. Civil Code Part 1 has limitation provisions; the procedure code adds more. Filing after the limitation expires is an outright bar.
• Treating the Codes as comprehensive. Specialised statutes (Labour Act 2074, Contract Act for some specific contracts, Banking Offence Act) sit on top of the Codes — a complete pleading often needs both.

Constitutional override — Constitution of Nepal 2072 sits above both Codes

The Constitution of Nepal 2072 (2015) is the supreme law and operates as a ceiling above the entire 2074 Code structure. Part 3 of the Constitution sets out the fundamental rights — equality before law, right to life and dignity, right to fair trial, prohibition of torture, freedom of expression, right to property — that no statute can breach. Where a Civil Code or Penal Code provision is inconsistent with a fundamental right, the constitutional provision prevails. The Supreme Court has the power to strike down statutory provisions under its judicial review jurisdiction.

For practitioners, the constitutional layer is not theoretical. Criminal defence frequently engages Article 20 (right against self-incrimination — silence at FIR cannot be treated as guilt; coerced confessions are inadmissible), Article 21 (fair trial — right to counsel, right to know the charge, right to cross-examine), and Article 24 (prohibition on torture — evidence obtained through torture is excluded). Civil-side practitioners engage Article 18 (equality), Article 25 (right to property), and Article 27 (right to information) where state action limits private rights. Writ petitions under Article 133 in the High Court or Supreme Court are the standard remedy for constitutional breaches by state actors.

The 2074 Codes were drafted to align with the 2072 Constitution. Substantive reforms — daughters' inheritance parity, criminalisation of marital rape, raised marriage age, abolition of capital punishment — implement constitutional equality and dignity guarantees. Where the Code falls short of the constitutional standard, the courts read in the constitutional rule rather than enforce the lesser statutory rule.

Related Questions About the Muluki Civil Code 2074

These are the questions our team is asked most often during civil-and-criminal-law consultations in Kathmandu:

What Replaced the Muluki Ain in Nepal?

The Muluki Ain of 2020 BS (1963 AD) was replaced on 17 August 2018 by four 2074 Codes — the Muluki Civil Code 2074, Muluki Criminal Code 2074, Muluki Civil Procedure Code 2074, and Muluki Criminal Procedure Code 2074. The old Muluki Ain remains relevant only for transitional savings on cases initiated before the Codes came into force.

Is the Muluki Civil Code Available in English?

Yes. An official English translation of the Muluki Civil Code 2074 is published by the Nepal Law Commission and the Ministry of Law, Justice and Parliamentary Affairs. The Nepali text remains authoritative on questions of interpretation, but the English translation is widely used by NRN clients, foreign investors, and international counsel for Nepal-related matters.

Does the Civil Code Cover Court Marriage and Divorce?

Yes. Part 3 of the Civil Code governs marriage (including court marriage at the District Court), divorce, alimony, custody, partition, and adoption. Court marriage requires both parties to be 20 years or older, the marriage to be registered, and proper documentation submitted under Part 3 read with the Civil Procedure Code 2074. See our court marriage guide for the full process.

What Is the Penalty for Marital Rape Under the Criminal Code 2074?

Marital rape is criminalised under Section 219(4) of the Muluki Criminal Code 2074. The penalty is up to 5 years of imprisonment. This was first introduced as a statutory offence in 2018 and represented a major reform from the older Muluki Ain, which did not recognise marital rape.

Can Civil and Criminal Cases Run in Parallel for the Same Incident?

Yes. Many incidents — for example, fraud or assault — give rise to both a civil cause of action under the Civil Code and a criminal offence under the Criminal Code. The two cases run in parallel in different proceedings — the civil case at the District Court for damages, the criminal case at the same or different District Court via the Government Attorney for prosecution. The findings of one are not binding on the other given the different standards of proof.

Conclusion

The Muluki Civil Code 2074 and the Muluki Criminal Code 2074 are the substantive backbone of modern Nepali law. The Civil Code's six Parts cover the full sweep of private law from family and contract through property and tort. The Criminal Code's 22 Chapters define every offence the state can prosecute. Together with the two procedure codes, these four 2074 statutes replaced the 1963 Muluki Ain and rebuilt Nepal's legal system on a coherent, rights-based foundation aligned with the Constitution of Nepal 2072.

For citizens, the practical lesson is to know which Code governs your situation — Civil Code for marriage, divorce, contract, property, inheritance; Criminal Code for offences and penalties. For lawyers and counsel, the recurring discipline is to cite the right Part, the right Chapter, and the right Section, and to pair the substantive Code with the correct procedure code. Misclassifying a case at the threshold remains the most expensive mistake in modern Nepali litigation.

For end-to-end help with cases under the Muluki Civil Code 2074, the Muluki Criminal Code 2074, or any specialist subject these Codes touch — family law, contract disputes, property partition, criminal defence, victim representation — speak with our lawyers today → — Alpine Law Associates is a full-service law firm in Kathmandu handling civil and criminal matters across all seven provinces.

Last reviewed: April 2026