Table of Contents
Introduction
Nepal's legal system is governed by two fundamental legislative frameworks: the Civil Code and the Criminal Code, both of which were enacted in 2017 (2074 B.S.). These codes replaced the Muluki Ain of 1963 (2020 B.S.), marking a significant transformation in Nepalese jurisprudence by aligning it with modern legal principles and international human rights standards.
The Civil Code primarily deals with matters related to personal rights, family law, contracts, property, and obligations. It establishes legal procedures for civil disputes and defines the rights and duties of individuals in personal and commercial transactions.
On the other hand, the Criminal Code focuses on defining criminal offenses, prescribing punishments, and ensuring justice through legal procedures. It incorporates provisions related to crimes such as homicide, theft, corruption, cybercrimes, and offenses against the state, with the aim of maintaining law and order in society.
Together, these legal frameworks provide a comprehensive structure for governance, justice, and societal order in Nepal, ensuring the protection of individual rights while upholding the rule of law.
Features of National Criminal Code, 2017 (2074)
- Criminalizes several new offenses not covered in the previous laws.
- Outlaws the practice of Chhaupadi as well as the evangelization of citizens to other religions.
- Outlaws match-fixing in competitive sports as well as enforced disappearances The term of life imprisonment increased from 20 years to 25 years.
- Jail terms for other crimes have also been increased such as rape and its attempt.
- Enforcement of strong privacy laws.
- A Focus on corrective justice rather than retributive justice.
- Extra territorial jurisdiction for Nepali courts in certain cases.
- Medical negligence is now made punishable.
- Begging on streets made punishable.
- Animal negligence, abandonment, or atrocities are now punishable.
- Torch rallies are no longer allowed in public.
- Criminal breach of trust and extortion are now punishable.
- Provision of mitigating and aggravating factors of crime.
- Provision of imprisonment till the death of an offender in some exceptionally serious crimes such as murder after rape or abduction.
- Right of the crime victim to be intimated of the case proceedings.
- Provision of justice for the crime victims paired with compensation and rehabilitation.
- Provision of up to 50 percent of rebate in punishment in case of a cooperating defendant.
- Novel provision of recording statements of the victim, witness or offender by the court via video conferencing.
- Criminalization of abatement to suicide, etc.
- Prohibition on medical testing on the human body without consent.
- Age of consent raised from 18 years from the previous 16 years.
- Abandoning or neglecting minors, the incapacitated, and the elderly are now punishable.
- Prohibition of torture under any circumstances.
- Spreading contagious diseases either willfully or recklessly is now punishable.
- Malicious criminal investigation and prosecution are now punishable.
- Prohibition on genocide or ethnic cleansing, etc.
Features of National Civil Code, 2017 (2074 BS)
- The marriageable limit of a man and woman now increased to 20 years for both from the previous 18 years for women and 20 years for men.
- Marriages affected by any mode or means to be made public.
- Wife not to obtain partition share and alimony from her husband if she is at fault during divorce.
- Equal access to both husband and wife for seeking divorce in a court of law.
- Introduction of tort law for the first time.
- Introduction of private international law for the first time.
- Provision of usufruct for the first time.
- Persons to have the liberty of medical test and treatment of body as well as organ change.
- Persons may determine their method of funeral in advance.
- Persons may donate their body or organs post-mortem.
- A fake complainant or accuser to bear the compensation along with allied costs.
- The status of bankruptcy to end after 12 years of bankruptcy.
- Registered marriage now to be solemnized from the District Courts.
- Presumption of marriage under different circumstances.
- Detailing of consequences of marriage.
- A child born from In vitro fertilization (IVF) to be deemed born from the married husband.
- Equal duties and responsibilities of parents over their offspring.
- Partition share to be allocated also to a child conceived but not yet born.
- Division of property into private, government and public.
- Presumption of adverse possession in property matters.
- Provision of servitude for the first time ever.
- Registration of certain contracts with the local levels.
- Wages to be paid in proportion to the work done.
- Special provisions on domestic help.
- Extra territorial jurisdiction for Nepali courts in certain cases, etc.
The enactment of the Civil Code and Criminal Code of Nepal in 2017 (2074 B.S.) represents a milestone in the country's legal development, replacing the outdated Muluki Ain of 1963 (2020 B.S.) and bringing Nepal's legal system in line with contemporary global standards. These codes serve as the backbone of Nepal's justice system, ensuring clarity, fairness, and efficiency in both civil and criminal matters.
Similarly, the Civil Code modernizes Nepal's approach to civil rights, property laws, contracts, family matters, and medical autonomy. It incorporates new legal concepts like tort law, usufruct, and servitude while ensuring equal rights and responsibilities in marriage, inheritance, and parental duties. The code also enhances individual freedoms, such as the right to body autonomy, organ donation, and the ability to determine one's funeral preferences.
Together, these legal frameworks ensure that Nepal's legal system is equipped to handle modern societal challenges while safeguarding the rights of its citizens. By reinforcing justice, accountability, and human dignity, the Civil and Criminal Codes serve as essential pillars for the country's legal and social progress, promoting the rule of law and ensuring equitable governance for all.