National Code of Nepal
{{more citations needed|date=January 2021}}
{{Infobox legislation
| short_title = The National Code, 1963
मुलुकी ऐन, २०२०
| legislature =
| image = Emblem of Nepal (alternative).svg
| imagesize = 150
| imagealt =
| caption =
| long_title = The National Code
| citation = [http://www.lawcommission.gov.np/en/documents/prevailing-laws/prevailing-acts/Prevailing-Laws/Statutes---Acts/English/Muluki-Ain-(General-Code)-2020/ Act No. 67 of 2019 (1963)]
| territorial_extent = Whole of Nepal
| enacted_by = HM the King Mahendra
| date_enacted = 12 April 1963
| datepassed =
| date_assented =
| royal_assent = 12 April 1963
| date_signed =
| date_commenced = 17 August 1963
| bill =
| bill_citation =
| bill_date =
| introduced_by =
| 1st_reading =
| 2nd_reading =
| 3rd_reading =
| white_paper =
| committee_report =
| 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
| related =
| summary =
| keywords =
| status = repealed
}}
The National Code ({{langx|ne|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 The National Code has been replaced by the Muluki Criminal Code and its Code of Procedures and the Muluki Civil Code and its Code of Procedures on August 17, 2018.{{cite web | url=http://myrepublica.nagariknetwork.com/news/landmark-legal-reform-bills-passed | title=Landmark legal reform bills passed }} Officially titled The National Penal Code, 2074 (2017), it exclusively deals with crimes and its punishment.{{Cite web |date=2024-08-07 |title=Best Criminal Lawyer in Nepal । 20 Years Experienced Lawyers |url=https://primelawnepal.com/criminal-law-firm-in-nepal/ |access-date=2024-09-06 |language=en-US}} On the other hand, the National Civil Code, 2074 (2017) deals with family law{{Cite web |date=2024-08-07 |title=Family Law in Nepal {{!}} Best Family Lawyer in Nepal {{!}} PLA |url=https://primelawnepal.com/family-law-in-nepal/ |access-date=2024-09-06 |language=en-US}} which includes marriage{{Cite web |date=2024-08-07 |title=Court Marriage in Nepal । No.1 Marriage Registration Service |url=https://primelawnepal.com/court-marriage-registration-process-in-nepal/ |access-date=2024-09-06 |language=en-US}} and divorce,{{Cite web |date=2024-08-07 |title=Divorce Law in Nepal । New Divorce Process in Nepal (2081) |url=https://primelawnepal.com/divorce-law-in-nepal-divorce-process-in-nepal/ |access-date=2024-09-06 |language=en-US}} property law,{{Cite web |date=2024-08-07 |title=Property Lawyer in Nepal {{!}} Prime Law Associates |url=https://primelawnepal.com/property-lawyer-in-nepal/ |access-date=2024-09-06 |language=en-US}} contract law, and more.
History
{{Main|Manav Nyaya Shastra}}
The Manav Nyaya Shastra ({{langx|ne|मानव न्याय शास्त्र}}; Newari: Nyayavikasini;{{Cite web|last=Nepal Law Commission|date=8 January 2022|title=Laws made by King Sthitiraj Malla in Bikram Era 1436 (Nepal Era 500) NYAYAVIKASINI (Manavanayashastrat)|url=https://www.lawcommission.gov.np/en/wp-content/uploads/2018/09/nyayavikasini-manavanayashastra-of-jayasthiti-malla.pdf|access-date=8 January 2022|website=Nepal Law Commission}} 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.{{cite journal | url=https://library.oapen.org/handle/20.500.12657/49657 | doi=10.17885/heiup.769 | year=2021 | last1=Khatiwoda | first1=Rajan | last2=Cubelic | first2=Simon | last3=Michaels | first3=Axel | last4=Olivelle | first4=Patrick | last5=Pradhananga | first5=Saubhagya | title=The "Mulukī Ain" of 1854 | publisher=Heidelberg University }} 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.{{cite web | url=https://myrepublica.nagariknetwork.com/news/landmark-legal-reform-bills-passed/ | title=Landmark legal reform bills passed }}
Outline
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