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📘 Kharidar syllabus: Paper III, Section C, Units 5.9 and 5.10 · Open the full Kharidar course
In 2074 BS Nepal replaced the old Muluki Ain, 2020 with four codes and a sentencing law. They were authenticated on 2074 Asoj 30 and came into force on 2075 Bhadra 1 (17 August 2018).
| Code | Nepali name | Deals with |
|---|---|---|
| Muluki Civil Code, 2074 | मुलुकी देवानी संहिता, २०७४ | Substantive civil law: persons, family, property, contracts |
| Civil Procedure Code, 2074 | मुलुकी देवानी कार्यविधि संहिता, २०७४ | How civil cases are filed and decided |
| Muluki Criminal (Penal) Code, 2074 | मुलुकी अपराध संहिता, २०७४ | Crimes and punishments |
| Criminal Procedure Code, 2074 | मुलुकी फौजदारी कार्यविधि संहिता, २०७४ | Investigation, prosecution and trial of crimes |
| Criminal Offences (Sentencing and Execution) Act, 2074 | फौजदारी कसूर (सजाय निर्धारण तथा कार्यान्वयन) ऐन | How sentences are decided and carried out |
1. Muluki Civil Code: main features
- Has 6 parts: preliminary; law of persons; family law; property law; contracts and other obligations; private international law.
- Equal rights of sons and daughters to parental property.
- Clear rules on marriage, divorce, adoption, guardianship and maintenance.
- Rules on ownership, possession, lease, mortgage and inheritance of property.
- Rules on contracts, sale of goods, agency, guarantee and compensation for harm (torts).
- Rules for cases with a foreign element (private international law).
2. Civil Procedure Code: main features
- Process from plaint (फिराद) and reply (प्रतिउत्तर) to evidence, hearing, judgment and execution.
- Rules on hakdaiya, hadmyad, myad, tarikh, service of summons (myad tameli) and appeals.
- Time limits to speed up civil cases; promotes mediation (मेलमिलाप).
3. Muluki Criminal (Penal) Code: main features
- Part 1: general principles of criminal justice (no punishment without law, presumption of innocence, fair trial); conspiracy, attempt, abetment; general defences.
- Part 2: specific crimes, for example against the state, public order, public interest, life, body, property, children and women.
- Abolished confiscation of all property (सर्वस्वहरण) as a punishment.
- Defines new crimes such as genocide-related offences, spreading false rumours and sexual harassment.
- Provides maximum imprisonment up to 25 years (life imprisonment) for the most serious crimes.
4. Criminal Procedure Code: main features
- Steps of a criminal case: jaheri (FIR), investigation, arrest, charge sheet, preliminary hearing, trial, judgment and appeal.
- Rights of the accused: information about arrest, production before the authority within 24 hours, lawyer, fair trial.
- Victims’ participation and compensation.
- Plea bargaining-like provisions: punishment can be reduced for offenders who cooperate.
5. Comparing the four codes
| Code | Type of law | Main contents |
|---|---|---|
| Muluki Civil Code, 2074 | Substantive civil law | Persons, family, property, contracts, private international law |
| Muluki Civil Procedure Code, 2074 | Procedural civil law | Filing plaints, hearings, evidence, judgment, appeal and execution in civil cases |
| Muluki Criminal (Penal) Code, 2074 | Substantive criminal law | Definitions of crimes and punishments |
| Muluki Criminal Procedure Code, 2074 | Procedural criminal law | FIR, arrest, investigation, prosecution, trial and appeal |
All four were passed by the Legislature-Parliament, authenticated on 30 Asoj 2074 BS and came into force on 1 Bhadra 2075 BS, replacing the Muluki Ain, 2020. They were supported by the Criminal Offences (Sentencing and Execution) Act, 2074.
6. Important reforms brought by the codes
- Equal inheritance rights for sons and daughters.
- Minimum marriage age of 20 years for both men and women.
- Marital rape, chhaupadi, witchcraft accusations and caste discrimination made crimes.
- Total property confiscation (सर्वस्वहरण) abolished.
- New sentencing options such as community service, open prison, probation and parole.
- Mediation encouraged in civil disputes.
7. How this topic is asked in the exam
Objective items ask when the codes came into force, which code covers which subject, and specific provisions such as marriage age or life imprisonment (25 years). Subjective questions ask “What are the main features of the Muluki Civil Code, 2074?” Answer with a short introduction and 6–8 points from the tables above.
📌 Key points to remember
- Four codes plus the Sentencing Act replaced the Muluki Ain 2020.
- Authenticated 2074 Asoj 30; in force from 2075 Bhadra 1.
- Civil Code has 6 parts: persons, family, property, contracts, private international law (plus preliminary).
- Equal inheritance rights for sons and daughters.
- Criminal Code abolished sarbaswaharan (total property confiscation).
- Criminal Procedure Code covers FIR, investigation, charge sheet, trial and rights of the accused.
📝 Quiz
Test yourself: Muluki Civil Code, Civil Procedure Code, Criminal Code and Criminal Procedure Code 2074
15 questions check what you read about Muluki Civil Code: main features, Muluki Criminal (Penal) Code: main features and Criminal Procedure Code: main features.
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