MULUKI AIN

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The Muluki Ain (General Code)
Date of Authentication and Publication
2019.12.30(…………..)
Amending Acts:
1. The Muluki (First Amendment) Act, 2021(…) 2021.6.17(……….)
2. The Contract Act, 2023(…) 2023.6.9(……….)
3. The Muluki (Second Amendment) Act, 2024(…) 2024.6.11(……….)
4. The Muluki (Third Amendment) Act, 2025(…) 2025.7.9(……….)
5. The Muluki (Fourth Amendment) Act, 2027(…) 2027.5.10(……….)
6. The Muluki (Fifth Amendment) Act, 2031(…) 2031.6.20(……….)
7. The Evidence Act, 2031(…) 2031.7.5(……….)
8. The Muluki (Sixth Amendment) Act, 2033(…) 2033.4.28(……….)
9. The Muluki (Seventh Amendment) Act, 2034(…) 2034.9.27(……….)
10. The Muluki (Eighth Amendment) Act, 2042(…) 2042.6.23.4(……….)
11. The Muluki (Ninth Amendment) Act, 2043(…) 2043.7.23.2(……….)
12. The Some Nepal Acts Repealing Act, 2047(…) 2047.3.28(……….)
13. Amended by the Court Proceedings Related Some Nepal Acts Amendment)Act, 2047 (1991) 2047.4.10(……….)
14. Some Nepal Acts Amendment Act, 2048(…) 2049.9.18(……….)
15. The Children Act, 2048(…) 2049.2.7(……….)
16. The Muluki (Tenth Amendment) Act, 2050(…) 2050.9.5(……….)
17. Some Nepal Acts Amendment Act, 2055(…) 2055.10.7(……….)
18. The Slaughtering House and Meat Inspection Act, 2055(…) 2055.12.8(……….)
19. The Punishment Related Some Nepal Acts Amendment Act,2055 (…) 2056.1.16(……….)
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20. The Contract Act, 2056(…) 2057.3.14(……….)
21. The Court Proceedings Related Some Nepal Acts Amendment)Act, 2058 () 2059.5.27(……….)
22. The Muluki (Eleventh Amendment) Act, 2058(…) 2059.6.10(……….)
23. Some Nepal Acts Amendment Act, 2063(…) 2063.6.28(……….)
24. Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063(…) 2063.7.17(……….)
25. The Muluki (Twelfth Amendment) Act, 2641(…) 2064.8.14(……….)
26. Republic Strengthening and Some Nepal Laws Amendment Act, 2066(...) 2066.10.7(……….)
Act Number 67 of the year 2019
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Preamble
Whereas, it is not possible to deal with all transactions only through religious literatures
(Shastra) over the course of time, and alterations and amendments have been made, to the
tune of the country, time and circumstance, from time to time, to the Muluki Ain (General
Code), which was prepared by an order issued by our great ancestor the then His Majesty
to then Prime Minister and came into force on the Seventh day of the month of Poush of
the year 1910; and whereas, it is expedient also to make other amendments to the Muluki
Ain, in view of the existing political, economic and social systems, while consolidating
these alterations and amendments;
Now, therefore, we, His Majesty King Mahendra Bir Bikram Shah Dev, have made and
issued this Act, pursuant to Article 93 of the Constitution of Nepal, with great object to,
inter alia, maintain peace and order in Nepal and to maintain harmonious relations
between the people of various classes, castes, tribes and regions.
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Part-1
On Preliminary Matters
Number 1. This Act shall be cited as the "Muluki Ain (General Code)".
Number 2. This Muluki Ain (County Code) shall come into force on the first day of
the month of Bhadra of the year 2020(…………)
Number 3. Unless the subject or the context otherwise requires, in this Muluki Ain
(General Code):
(a) "Nepal" means the State of Nepal,
(b) "Law" means the Nepal law in force for the time being,
(c) "Office" means and includes a court,
(d) "Chief of office" means and includes a judge, and
(e) "Suit" means and includes a complaint, and this term also includes
a police report (charge sheet) on a criminal case.
Number 4. The matters set forth in separate laws made in specific subjects shall be
governed by such laws and those matters not set forth in such laws shall be
governed by this Muluki Ain (General Code).
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Part-2
Chapter-1
On Court Proceedings
Number 1.1 The competent authority, if any, specified by any law to try any case shall
try and adjudicate that case, and if no such specific authority is specified
but only the office has been so specified, the chief of that office shall try
and adjudicate that case, in accordance with law.
Number 2. The person who sits in the Bench or hands down judgment has to do
accordingly, pursuant to the law requiring the seal of office and signature
of the chief of office to be affixed and appended to the document in the
specified place. If the law is not clear, the seal of office and signature of
the chief of office must be affixed and appended to the top of the
document.
Number 3. No person shall carry out any acts other than such official acts as required
to be carried out by that person in the office nor shall make, or cause to be
made, a joke or fun, during office hours (from the time the office opens to
the time it closes).
Number 4. In holding discussions in relation to a case and such other acts as required
to be carried out by the office, a person is allowed to tell such matters as
that person deems reasonable from his or her wisdom, in consideration of
honesty and duty. Such matters have to be expressed turn by turn. A
person shall not overtake or interrupt the discussions unless the earlier
speaker completes his or her statement; or a person who is carrying out
any act or dealing with a case shall not set aside such act or case, and
settle other matters. If a person does so, the chief of office may, at his or
her discretion, punish that person with a fine not exceeding Twenty
Rupees.
1 Amended by the Seventh Amendment.
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Number 5. No person shall carry any arm in the office, except such arm as may be
required for the business of the office or submitted for evidence. If, despite
prohibition, a person carries any arm forcefully, the chief of office may, at
his or her discretion, punish that person with a fine not exceeding Twenty
Rupees. If that person carries the arm forcefully despite the imposition of
fine, the arm shall be confiscated.
Number 6. The office shall try and adjudicate cases in open bench. If any person does
any unreasonable act in the office, such person may be sent out of the
bench. If that person repeats the same act, the chief of office may, at his or
her discretion, punish that person with a fine not exceeding Fifty Rupees.
Number 7.2 …………….
Number 8.3 ……………
Number 9. The following cases are criminal cases, and the other cases are civil cases:
……………………………………………..4
Cases relating to state affairs……………………..1
Cases carrying punishment under the Chapter on
Homicide……………….1
Cases carrying punishment under the Chapter on Medical
Treatment…………………………………….1
Cases carrying punishment under the Chapter on Theft…………1
Cases carrying punishment under the Chapter on
Cheating…………………………………………………1
Cases relating to the killing of cow……………………1
Cases of arson……………………………………….1
Cases of libel and slander……………………………1
2 Deleted by the Law Practitioner's Act, 2025.
3 Deleted by the Seventh Amendment.
4 Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
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Contempt of bench………………………………….1
Embezzlement of government property……………1
Cases carrying punishment under Number 9 of the Chapter on Nonpayment
of Dues………………………………….1
Cases relating to fake statement as holding title or dismissal of employees
or gathering of people by way of such fake statement……1
Cases relating to gambling………………………….1
Cases relating to marriage………………………….1
Cases relating to sexual intercourse………………………….1
Cases relating to looting………………………….1
Cases relating to hurt/battery……………………1
Cases relating to riot………………………….1
Cases carrying punishment under the Chapter on Trafficking in
Person…….1
Cases relating to arms and ammunitions…………………..1
Cases relating to loss, concealment of or tempering with government
papers………………………..1
Cases relating to mourning………………………….1
Cases relating to tonsure by sages…………….1
Cases of counterfeiting coins or using counterfeit coins…………….1
Cases of corruption (bribery)…………………..1
Cases of forgery and fraud……………..1
Cases relating to transportation (motor vehicle)…………….1
Cases carrying punishment by the Chapter on Unlawful
Detention…………1
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Cases punishable by Law Relating to Forests…………1
Cases punishable by Law Relating to Protection of Livestock, Birds or
Aquatic Animals…………1
In addition to the above-mentioned cases, other cases except disputes
relating to title to property or position or office……………..1
Number 10.5 In relation to the cases which are state cases as per the laws in force, such
cases shall be tried by maintaining the Government of Nepal as the
plaintiff. In relation to the other cases, the Government of Nepal, or any
public generally, with the leave of the office, may, being the plaintiff,
institute a case involving the interest or concern of the Government of
Nepal or public interest or concern, in view of the subject-matter or nature
of such cases. An application for such leave has to be accompanied by the
plaint. If an application for leave is so made, along with the plaint,
decision on the application shall be made on the same day. If leave is not
granted, an application may be made to the appeal hearing office.
Number 11.6 The cases that mature earlier for disposal shall be disposed earlier, upon
trying them in the following order of priority:
Cases of detention or imprisonment of detainees or prisoners…………1
Cases of minors, who are below 16 years of age and do not have parents
and guardians….………….2
Cases of the senior citizens above 75 years of age or of persons with
physical disabilities, who are on personal bail for presence on the
appointed due dates………………………….3
Cases involving claims for the performance of name giving rites or
settlement of relationship, in which women are plaintiff or
appellant………….4
Cases in which widow women are plaintiffs or appellants………4A.7
5 Amended by the Ninth Amendment.
6 Amended by the sixth Amendment.
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In the order of old cases, in relation to the above-mentioned cases and then
the other cases……………………5
Number 12.8 If a litigant (party to a case) who is not allowed to appoint an attorney
pursuant to section 1 or 2 of Number 65 of this Chapter is also involved in
a case filed in another office or the disposal of the case being filed in one
office cannot be made until another case filed in any other office is
disposed of, and the litigant makes an application, setting out the name of
case, office and date at which it has been filed, to the office in which the
case is filed, praying for the postponement of case in accordance with law,
the office shall inquire into the application and do as follows, upon giving
a proof thereof to the litigant:
Upon the making of such application, the office shall write to the office in
which the case has been filed, setting out the name of case filed in the
office, and in the event that the case filed in the office has to be disposed
and the case filed in that other office has to be postponed, shall write to
that other office for the postponement of the case filed in that other office
until the case filed in the office is disposed, indicating the days within
which the case will be so disposed; and in the event that the case filed in
the office has to be postponed and the case filed in that other office has to
be disposed, shall write to that other office for the disposal of the case
filed in that other office, and giving information of disposal to the office,
indicating that the case filed in the office has been postponed; and a
receipt thereof has to be obtained. After the postponement of case as
mentioned, the office making postponement of case shall execute a
memorandum to the effect that proceedings shall commence after the
disposal of the case filed in the other office and assign both parties to the
case the due date for presence. If, after the postponement of case, the
person applying for postponement appoints an attorney in the case to be
disposed earlier, the office shall give information, immediately with the
7 Inserted by the Act Amending Some Nepal Acts to Maintain Gender Equality, 2063.
8 The opening provision amended by the First Amendment.
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registration of the attorney, to the other office that the litigant has
appointed the attorney in the case being tried by the office and that the
other office may proceed the trial of the case filed in that other
office………………………………..1
The office disposing case earlier shall, upon the disposal of case, give
information thereof, indicating the date of disposal, to the office
postponing case, and appoint the due date to the litigants to make presence
with the office postponing case within Fifteen days excluding the time
required for journey, and forward the evidence of appointment of due date
to the office in which the case has been filed, with a request for the
acknowledgement of receipt thereof. If the litigant is absent or in detention
at the time of disposal of case, it is not required to appoint the due date for
the presence of litigant. In the case of absence, it must be written, after the
expiration of the time for making a dismissal or ex parte judgment from
the date of expiration of the due date, that the litigant has been absent on
the due date appointed by the office, and in the case of detention, that the
litigant has been held in detention from certain date for certain
reason……………..2
One who expires the due date in the case to be disposed earlier must make
presence in the office where case is postponed within Fifteen days from
the date of expiration of the extendable time, and one who is in detention
must make presence in such office within Fifteen days from the date of his
or her release and one who appoints an attorney, within Fifteen days from
the date of appointment of attorney, excluding, in all cases, the time
required for journey. If the litigant who has expired such time-limit and
due date makes presence in the office where case is postponed within the
time as mentioned, the office shall carry out the necessary proceedings and
dispose the case..…….3
Upon receipt of information that the litigant has been held in detention or
imprisonment, the case postponing office need not wait until the litigant
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makes presence in order to take action. The office must keep on inquiring
into whether the litigant has been released or not, and summon the
presence of such litigant if so required under the law in cases where the
litigant has not been released or there is no circumstance for his or her
release, and dispose the case by carrying out proceedings whatever may be
required under the law, and deal with the matter in accordance with
law…………………………4
With the exception of cases in which a litigant makes presence after
expiration of the time and due date, proceedings must not be carried out
upon expiring the due date irrespective of the involvement of the litigant
without disposing the case required to be disposed earlier. The case has to
be postponed until the case required to be disposed earlier is disposed. If
the other office has not disposed the case within the time as written for
disposal, the office has to send a remainder to the office required to
dispose the case earlier and cause such other office to make disposal, and
then try and dispose the case filed in the office………………………5
Number 13. An office has to carry out the acts and actions required by it under the law
within the stipulated time frame. It shall not make delay. If any
unlawfulness is noticed upon hearing an appeal or reference or inspecting
the office, action shall be taken or caused to be taken in accordance with
law.
Number 14.9 Cases must be adjudged within the time frame as mentioned hereunder:
Judgment on a case of first instance has to be made within One year after
the date of filing of the note of defense or that of expiration of the time
limit for the filing of the note of defense……………1
Judgment on a case of appeal has to be made within Six months after the
date of receipt of the case file of first instance………2
9 Amended by the Tenth Amendment.
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After the procurement/examination of the evidence as required to be
procured or examined, no delay of more than Thirty five days shall be
made to make judgment despite that the time for making judgment as
mentioned above still remains…………………..3
Number 15. If there arises a reasonable cause/reason causing difficulty with making
judgment and proceedings within the appointed time and due date, the
office must make a reporting, setting out the details of such difficulty, to
the office hearing appeals from it, within the time limit. If the office, upon
making examination of the matter, finds that the difficulty is reasonable
and the time is to be extended up to One month, the office itself shall give
such time limit for one time, and if it is to be extended in excess thereof,
the office shall specify the time to be extended and make submission to
the higher level. Upon such submission/reporting, the higher level shall, if
it finds that the difficulty is reasonable and the time limit in excess thereof
has to be extended, extend such additional time limit as may be
reasonable, and cause proceedings and judgment to be made within such
time limit.
Number 16. Proceedings shall not be deemed to have been made in cases where a
remainder should have been made by sending a process/notice (Purji) to
another area within the country, search should have been made within its
territorial jurisdiction or process should have been sent abroad in
accordance with law.
Number 17. If the appeal hearing office comes to know, from an application by a
litigant or otherwise, that the time limit of action and proceedings on a
case filed in its subordinate office has expired or such action and
proceedings involve any unlawfulness, the appeal hearing office shall also
procure the case-file of the case, as required, and examine it within Fifteen
days; and if, upon such examination, it appears that the time limit has been
caused to be expired or any unlawful proceeding has been made, the
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appeal hearing office shall do, and cause to be done, in accordance with
law.
Number 18. Any such plaint, statement of defense, memorandum of appeal and
application as are in order and to be filed with it shall be registered
immediately after they are submitted to the office. The time limit does not
expire by the reason only that it, upon being submitted to the office, has
not been entered into the records duly.
Number 19. The chief of office shall immediately draw up a synopsis/summary of the
documents filed in or received by his or her office and sign a document,
indicating whatever action is required to be taken in accordance with law
and also setting down the date of entry into the records.
Number 20. In relation to a case filed in, and also a case transferred by another office
to, the office, it shall prepare a case-file, mentioning the names of the
defendant and the plaintiff, the name of case on the file cover, assign the
number to it serially, and that such-and-such case between such-and-such
plaintiff and such-and-such defendant filed on such-and-such date shall
also be mentioned in the book. After the judgment has been made, the
case-file shall be maintained according to the date and serial number, also
setting down therein the date on which the judgment has been made.
Number 21. After a case has been filed, an inventory form in the format as set forth in
this Number shall be maintained, making entry of the number of each
document, along with the date of its submission, to be entered into the
form, signed and attached with the case file. After the disposal of case, the
documents as set forth in the second column and those as set forth in the
third column, other than the postponement related documents, pending
case-file and the documents referred to in the first column, must be
cancelled and sold by auction in accordance with law, after Five years of
the expiration of the time limit for the litigant to make appeal upon
judgment made on the case, and after one year, respectively. The original
documents submitted by the litigants must be returned whenever they
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come to collect them, and a receipt thereof must be obtained and a remark
to that effect must also be made in the inventory form. The inventory of
the injury examination document of a case which has not been filed within
limitation and the application order must be updated once a year and
canceled and auctioned as mentioned above.
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Format of Inventory Form
Case Number such-and-such of the Year such-and-such
The inventory of the case file of the such-and-such case between such-and-such persons,
filed with, or transferred to, such-and-such court on such-and-such date…………
Never to be disposed To be disposed after five
years
To be disposed after one year
No. Documents No. Documents No. Documents
1 Plaint of such-and-such
date of such-and-such
person or complaint,
order,
deposition/statements
……..
6 Letter rogatory of suchand-
such date of suchand-
such person
2 Slip on the due date of
such-and-such litigants
….
3 Process, summons or
process (Italayanama)
served on such-andsuch
date in the name of
the concerned person….
7 Deposition of the suchand-
such witness of the
such-and-such person
of such-and-such date
………
5 Summons served on
such-and-such witness
…….
4 Statement of defense or
deposition of such-andsuch
person on suchand-
such date ……….
8 Recognizance deed of
the persons including
such-and-such person
on such-and-such date
……..
9 Original document of
such and such type
submitted by such-and-
11 Order of such-and-such
date…………..
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such person on suchand-
such date…….
10 Map deed bearing
signature of such-andsuch
persons including
such-and-such
person……..
12 Deed of compromise
between such-and-such
persons on such-andsuch
date………
13 Judgment of final order
by such-and-such office
on such-and-such date
…….
Signature
Addition by such-andsuch
appeal
Signature
Addition by such-andsuch
appeal
Signature
Addition by such-andsuch
appeal
1 Memorandum of
Appeal of such-andsuch
date of such-andsuch
person ……..
2 Property/money bail
(Dhan Jamani) deed of
such-and-such person
on such-and-such
date….
4 Map of land…..
5 Dismissal or other
judgment of such-and-
3 Receipt of the
memorandum of fixed
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such date
Signature of such-andsuch
person
Signature of such-andsuch
person
date for appearance…..
Signature of such-andsuch
person
Number 22. Notwithstanding anything contained in Number 21 of this Chapter in
relation to the cancellation and auction sale of case-files and documents on
the record, in the case of case-files of the other types of cases, except the
following types of cases, a book shall be established after the expiration of
Twelve years in the case of case-files of suits in which recovery of amount
in controversy is to be made and of five years in the case of case-files in
which recovery of amount in question is not to be made, from the date
when an appeal cannot be preferred upon expiration of the time for appeal,
after judgment on such cases, and the book shall state the full names and
addresses of all plaintiffs and defendants, subject matters of suits, names
of suits, dates of disposal and name of disposing office, and shall be
signed by the chief of office and the immediate subordinate to the chief of
office, and all the documents on the record other than the documents
required to be returned to litigants, out of the documents set forth in the
first column of the inventory form, shall be canceled and sold by auction
in accordance with law, and the book shall be moved for the hand-over
and take-over:
…………………………………………………………10
Cases relating to state affairs……………………….1
Cases relating to homicide……………………………………….1
Cases punishable under the Chapter on Theft……………….1
Cases relating to the killing of cow………………..1
Cases relating to incest…………………………………….1
10 Deleted by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
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Cases relating to gambling………………………….1
Cases relating to forgery, fraud and coercion…………………1
Cases relating to marriage………………………….1
Cases relating to sale, purchase or production of goods
prohibited………………………….1
Cases with claims for holding name giving ceremony or establishing any
other relationship………………………1
Cases relating to government arrears………………….1
Cases relating to land or crops…………………………1
Cases relating to inheritance………………………….1
Cases relating to partition or concealment of property liable to
partition…….1
Cases relating to Jyuni or alimony…………………………1
Cases relating to gift or donation……………………………1
Cases relating to adoption ………………………………….1
Cases relating to trusts (Guthi) or concealment of trusts…….1
Cases relating to houses or shops……………..……………1
Cases relating to insolvency………………………………….1
Cases relating to transaction involving mortgage of immovable
property………………………….1
Cases relating to ditches or road exits………………………….1
Cases relating to Jimidari or Talukdari………………………….1
Number 23.11 No one shall loose, destroy or steal any document or case-file maintained
in the office. A person who looses or destroys any running case-file on
11 Amended by Court Management and Administration of Justice Related Some Nepal Acts Amendment
Act, 2058.
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proceeding or any duplicate copy meeting requirements of law or
document or case-file that does not prejudice the evidence, out of the
evidential documents, and looses any non-current document or original of
judgment or case-file shall be punished with a fine of Ten Thousand
Rupees in the case of loss of a case-file, that of Five Thousand Rupees in
the case of loss of an evidential document and that of One Thousand
Rupees in the case of loss of any other minor document. A person who
looses the original of a running document, which meets the requirements
of law and can be taken in evidence and of which duplicate copy is not
available, or a case-file shall be punished with a fine of Twenty Thousand
Rupees in the case of loss of case-file, that of Ten Thousand Rupees in the
case of loss of an evidential document and that of Two Thousand Rupees
in the case of loss of any other minor document. If the loss is committed
with ulterior motive, and the Government of Nepal or an individual has
suffered a damage from such loss, such damage shall be recovered or
realized from such person and any other person aiding in such loss, and
such persons shall be fined with a sum equal to the amount in question and
be imprisoned in consideration for that fine, and be imprisoned for a term
of One year in cases where no such damage has been caused or is likely to
be caused, irrespective of the kind of the lost or destroyed document or
case-file, whether running or not. In cases where a document or case-file is
stolen, the person shall also be liable to a fine of two thousand rupees, in
addition to the punishment as mentioned above.
Number 24. In obtaining a document from or causing a document to be executed by a
minor, who has not attained the age of sixteen years, or a person, who,
despite the attainment of majority, has become insane or gone mad
because of any kind of disease, in any matter whatsoever, no document
shall be obtained or caused to be executed without in witness of his or her
guardian or heir. Provided that in causing a person who commits or causes
the commission of murder, theft or sexual intercourse to execute a
document, the office may cause such person to execute the document in
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witness of his or her guardian or heir if available and to execute it alone if
his or her guardian or heir is not available, despite that he or she has not
attained the age of sixteen years. In cases where a document is executed in
witness of guardian or heir, the margin of the document shall state that it is
true that this type of my person has set down in my presence as dictated
and signed it and be signed also by the guardian or heir. No person shall
be coerced or intimidated into executing a document. If it is so executed, it
shall be void. A document which is executed and signed by a person with
his or her free will and consent and in cognizance, except as mentioned
above, shall be valid.
Number 25. In causing a document to be executed by a blind or dumb person, the
document shall be executed as dictated by the blind person and as gestured
by the dumb person, upon well understanding the gestures, in witness of
such person's guardian or heir, if any, and of a person as chosen by the
blind or dumb person himself or herself if such guardian or heir is not
available, and the document shall also be signed by the guardian, heir or
witnessing person stating that the document has been executed as
mentioned.
Number 26. Any document to be registered with or executed by the office shall set out
the age of the person executing it. Where the age is mentioned and the
executing person is present before the office, the head of the document
shall state that his or her age is accurate if the same is accurate, and that
his or her age would be such-and-such if the same is not accurate, and be
signed by the chief of office. If the executing person does not appear in
person but submits the document through his or her attorney, the attorney
shall be caused to sign it, stating that the age set down therein is accurate.
The chief of office concerned may, at his or her discretion, fine a person
who lies the age and sets down untrue age with a sum not exceeding
Twenty Rupees.
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Number 27.12 If a document tendered for registration in the office contains any
overwriting, addition or deletion in legible letters, in getting it to be
signed, the office itself shall write on the margin of the document stating
that such-and-such letters are added or overwritten in such-and-such lines,
and the document shall be signed by the signed by the chief of office and
also be caused to be signed by the person producing it for registration, and
such document shall then be registered. If the document cannot be
registered, the reason why it cannot be registered shall be clearly
mentioned on its reverse side and the chief of office shall sign and date it
and return it to the person producing it for registration, upon taking
acknowledgement of receipt by such person.
Number 28. Once any document conforming to the requirements is produced to or
registered with, the office, it shall not returned and another document shall
not be produced and received in lieu thereof, and figures and words
mentioned therein shall not be altered by way of addition, deletion,
strikethrough or overwriting.
Number 29. The following cases shall be tried only by the offices in the territories as
mentioned below:
The civil cases shall be tried as follows………………………..1
Cases of concealment of land, concealment of land revenue, ditches,
borders, roads, exits, easement, and cases which would, as it appears from
the nature of plaint, require the examination or survey of land, house or
place or cases which have been filed on the understanding, as appearing
from the writing of the plaint, that the examination or survey of land,
house or place would not be required but it appears from the nature of the
statement of defense that judgment can be made only upon making such
examination or survey shall be tried by the office in the territory in which
such house or land is situate.…………………………………..1
12 Amended by the First Amendment.
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All the cases other than those set forth in paragraph 1 of this section shall
be tried by the office in which plaint is filed, out of the office in the
territory where the act is done or the office in the territory where the
defendant is staying/residing………………………….2
If both plaintiff and defendant do any transaction in other place within
Nepal, other than those as set forth in section 3 below, cases relating to
such transaction shall be tied by the office in which plaint is filed, out of
the office in the territory where the transaction has been done or the office
in the territory where the plaintiff is staying/residing………………..3
Where a suit can be filed, pursuant to the Chapter on General
Transactions, on the matter of transaction done abroad, it shall be tried by
the office in which plaint is filed, out of the office in the territory where
the defendant is staying/residing or where the plaintiff is
staying/residing………4
Where both litigants are residing elsewhere than the proper territory, on
the matters set forth in paragraphs 2, 3 and 4 of this section, even the
office in the territory where they are residing may receive and try the suit.
If the defendant, prior to the filing of the statement of defense, or both
parties, after the filing of the statement of defense, makes or make an
application for the transfer of the suit to the office in the proper territory
and if both litigants have left that place, the suit shall be transferred to the
office in the proper territory ……………………5
The criminal cases shall be tried as follows………………..2
The cases relating to state affairs shall be tried by such office as specified
by the Government of Nepal…………….113
The following cases shall be tried by the office in the territory where the
crime is committed ………………………….2
Cases carrying punishment under the Chapter on Homicide……………1
13 Amended by the Strengthening Republic and Some Nepal Laws Amendment Act, 2066.
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Rape cases ……………………………………….1
Cases carrying punishment under the Chapter on Theft ………..1
Cases of arson ………………………….1
Cases relating to killing of cow ………………………..1
Cases relating to loss or embezzlement of governmental or other public
property …………………………………………1
Cases relating to arms and ammunitions…………….1
Cases of counterfeiting coins or using counterfeit coins…………….1
Cases relating to forgery of governmental seal or signature or paper
bearing such seal or signature or paper bearing the seal or signature of any
government employee in government business……….….1
Cases carrying punishment under number 1 of the Chapter on
Decency………………………………..1
Cases relating to gambling …………………1
The criminal cases, other than those set forth in paragraph 2 of this
section, shall be tried by the office in which a plaint is filed, out of the
office in the territory where the crime is committed or the office in the
territory where the defendant is staying…………………………..3
The phrase "territory where the defendant is staying", used in various
sections above, shall mean the place where the defendant is residing or
engaged in government employment………………………….3
In filing a plaint in the office in the territory where the defendant is
residing, as mentioned in various sections above, if there are many
defendants staying in different jurisdictions, the plaint shall be filed in the
office in the territory where more defendants are staying. Where the
number of defendants staying in such different territories is equal, the
plaint may be filed in the office in any territory ………………4
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Where a government employee has to file a suit or statement of defense,
the employee may file it in such kind of case trying office, if any,
available near the territory where he or she is in service or deputation, and
if such an office is not available, in the office hearing appeals from such
office, if any available, and if even such an office is not available, in other
nearby office. If a suit or statement of defense is so produced for filing, the
office shall fix the date for his or her presence in it and dispatch and
forward the suit or statement of defense to the proper office in the
territory. The office trying the case has to try it by showing any documents
in original to the litigant who has to make presence on the fixed date in the
territory where he or she is in service, it may summon his or her presence
and take his or her deposition. Where he or she is so summoned, he or she
has to make presence in person, or through an attorney in accordance with
law, in the office trying the case. Where any employee who is required to
make presence on the fixed date in the office in the territory where he or
she in service discontinues such presence, the concerned office shall give
information thereof to the case trying office. Where the employee is
deputed to another territory from the territory of the office in which he or
she has to make presence on the fixed date, that office shall give a notice
to him or her to make presence on the fixed date in the office within the
territory of his or her deputation and give information thereof to the office
trying the case…………………………5
Where a case is being tried by an office in the territory where both
plaintiff and defendant are in service and both parties make an application
that the case be tried by the office in the territory where they have abode,
the office shall forward the case to the office in such territory out of the
territories as set fort in sections 1 and 2 above as both parties agree, except
where the case has matured for disposal following the examination of
evidence…………………….6
Where a plaint is produced for filing in an office in an improper territory
except in proper territory, the office shall immediately make endorsement,
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with affixation of the office seal, on the reserve side of the plaint setting
down that he or she may go the such-and-such office in the proper
territory, and return the plaint. Where it is produced within the time-limit
specified by law, the office in proper territory shall receive the plaint even
if the plaint so endorsed is so produced and try the case. Even where
dispatching a case to another office after the filing of plaint, as mentioned
in various sections above, the date shall be fixed for presence by the
litigant and a memorandum of the court that the case be tried in
accordance with law by the office which is competent to try the case shall
also be forwarded. The office shall also receive the case so dispatched and
shall not return it despite that it is not competent to try it. In the event of
difficulty, the office shall make a report through its appeal hearing office
and do accordingly as sanctioned. The office making such sanction shall
also make such a sanction as may be reasonable in accordance with
law………………….7
In making a suit against a government employee or against other persons
along with such employee on any act or matter relating to the office,
notwithstanding anything contained in the various sections above, such
case has to be filed in the appellate court in the territory where the plaintiff
is staying or where such act or matter was done or performed, and it is not
necessary to require such employee to keep on making presence on the
fixed date14………………………..8
A person who files a suit lying that an improper territory is the proper one
or who makes a false complaint on the lying of territory shall be fined five
thousand rupees. Where a suit is filed lying the territory, and it is so filed
that the days required for the arrival by post of documents in the proper
office dispatched by the office where the suit has been so filed making
such a lie are remaining, for the time for journey, the case-file and litigants
shall be dispatched to the office in the proper territory as mentioned in
14 Amended by the First Amendment.
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various sections above immediately where such a lie is established, and
such proper office shall try the case15……9
Number 30. In trying cases, each authority competent to try cases shall observe the
following provisions:
One shall not try any case of a person who is by relation entitled to
inheritance from one's lineage (Had) and of one's maternal uncle, maternal
aunt, mother's sister, father's brother, mother-in-law, father-in-law, father's
sister, brother-in-law, formal friend (Meet), sister, daughter and son-inlaw,
nephew, niece, daughter-in-law on the nephew side, mother's father
or mother, male or female teacher whom one has received spell from, his
or her disciple, a person whom one is engaged with monetary transaction,
servant and a family member living jointly with the said persons and a
person who is one's litigant…………………………1
If such a case is filed that the authority is not competent to try it as
mentioned in section 1 above, the other authority of the same level if any
available in the same office shall try it, and failing such other authority,
the case shall be forwarded to the other nearest office with the same
powers, accompanied by a memorandum stating, inter alia, that the office
is not competent to try the case for such-and-such reason and that other
office should therefore try it in accordance with law, and the litigants shall
also be informed to appear in that other office, and the date for presence
shall be fixed, and the case-file shall also be forwarded to that other office;
and that other office shall also receive the case and try it in accordance
with law despite that the case does not fall within its
jurisdiction…………………………………2
Number 31. Where a suit on bribery is to be made against any employee of an office,
the suit shall be filed in the office hearing appeals from it. That office shall
proceed and try the suit in accordance with law. Despite that a suit on
bribery is filed, a case filed in the office prior to that suit is not
15 Deleted by the Ninth Amendment.
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transferable without being adjudged. After the case on which bribery is
alleged to have been taken has been adjudged, the office hearing appeal
shall write the office to send the judgment and case-file, as well, despite
that no appeal is made, procure the case-file and examine judgment and
deal with the matter, in accordance with law, upon receipt of the case file.
Number 32. In filing a suit on bribery against a person, other than a witness and
examined person, no such a suit shall be entertained if it is not filed within
six months after the date of judgment of a case by an office in which the
suit is filed on the allegation of bribery on that case, and after the date of
cause of action in relation to the other matters.
Number 33.16 In filing a suit alleging that a witness or other examined person has made a
statement on a case by taking bribes, the suit has to be filed not later than
fifteen days after making such a statement. The filing of such a suit shall
not preclude the office from trying and disposing the principal case on
which the witness or other person has made such a statement. Punishment
for making a false statement shall be imposed by virtue of that principal
case.
Number 34.17 Where it is required to issue a summons, process (Italayanama), notice of
time-limit or letter rogatory on any case to any person staying or residing
abroad or to enquire such a person into any matter the following
provisions shall apply:
If it is expedient to issue a summons, process, notice of time-limit or
rogatory to a person residing outside Nepal, it shall be issued and served in
accordance with the provisions contained in the rules framed by the
Government of Nepal in this respect. A failure to serve the summons so
issued and to inquire the relevant person into the matter shall not preclude
the office from trying and adjudging the case in accordance with
law…………………………………1
16 Amended by the Seventh Amendment.
17 Amended by the Seventh Amendment.
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In serving a summons, process, notice of time-limit or letter rogatory
issued by a court outside Nepal, it shall be served only on the basis of
reciprocity in accordance with the provisions contained in the rules framed
by the Government of Nepal in this respect …………………2
Number 35. No office shall try any cases other than the cases which it is competent to
try in accordance with law. If so tried and disposed, the same shall be
void.
Number 36. On any matter in respect of which limitation is not specified by law, a suit
on such a matter may lie any time.
Number 37. There is no limitation for making a suit on a case relating to state affairs or
theft of government property.18
Number 38. A suit on coercion or intimidation into executing a deed shall not be
entertained if it is not filed within Thirty Five days after the date on which
one is released.
Number 39. On any matter in respect of which limitation is specified by law, a suit on
such a matter shall be entertained if it is filed within that limitation. If a
suit is tendered for filing in the court after the expiry of the limitations, it
shall not be entertained; and the office shall set down on its overleaf that
he or she may tender it within Fifteen days from that day if there was any
reason for his or her failure to file it within the limitation, as mentioned in
law, accompanied the evidence for such reason, affix thereunto the seal
and return it to the receiver, on taking acknowledgement by the receiver
that he or she has taken it back for such-and-such reason. The suit shall
not be entertained if it is not filed within such Fifteen days. If the suit is
tendered for filing within such Fifteen days, setting down the reason for
failure to file it within the limitation, and, a memorandum shall be
executed to the effect that it may be filed if the reason is found, upon an
inquiry into the matter, to be one as referred to in law; and the suit shall be
18 Deleted by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
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filed and tried if the evidence of reason is established. If the reason is not
in accordance with law, it shall be set down on the reverse side of the suit
that the suit cannot be entertained, and the suit shall be returned by taking
acknowledgment of receipt thereof.
Number 40. If a person who has to file a suit within limitation has not completed the
age of Sixteen years and the suit is filed until the limitation from the date
on which the person has completed the age of sixteen years, the suit shall
be entertained. If that minor dies before he or she completes the age of
sixteen years, and the heir to the deceased files the suit, the suit shall be
entertained.
Number 41. If a person who has to file a suit within limitation is insane or goes mad at
the time of commencement of limitation and the suit is filed until the
limitation from the date on which the person has become sane, the suit
shall be entertained. If that person has become insane or gone mad only
after the commencement of limitation, the days during which he or she has
so become insane or gone mad shall be excluded from the period of
limitation, and if a suit is filed within the said days from the expiration of
the limitation as referred to in law after he or she has become sane, the suit
shall be entertained.
Number 42. If a person who has to file a suit within limitation is unconscious or dies
upon being insane or mad at the time of commencement of limitation and
the heir to the deceased files a suit until the limitation for the date on
which the person so died, the suit shall be entertained. If that person dies
upon being unconscious or mad only after the commencement of
limitation, the days during which he or she has so become insane or gone
mad shall be excluded from the period of limitation, and if a suit is filed
within the said days from the expiration of the limitation as referred to in
law after he or she has so died, the suit shall be entertained.
Number 43. If a person who has to file a suit within limitation expires the limitation
because of being deputed elsewhere on government business or being
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seriously ill or being detained in any place for any reason, and the person
files a suit within thirty five days after being back from deputation or
getting recovery from illness or release from detention, the suit shall be
entitled.
Number 44. If a person who has to file a suit within limitation expires the limitation as
a result of a trick or conspiracy designed to prevent him or her from filing
the suit within the limitation and the person files the suit within thirty Five
days after he or she is released, the suit shall be entertained.
Number 45. If the day on which the limitation expires or the time-limit or fixed date for
presence expires or any document has to be submitted falls on an office
holiday, the limitation, time-limit or fixed date for presence of the person
who makes presence or submits the document on the first day on which
the office opens after such holiday19 shall not expire.
Number 46. In reckoning days for the purpose of limitation, time-limit or otherwise,
days shall be reckoned where the number of days is specified and the
calendar month (first day of month) shall be reckoned where the number
of months or years is specified irrespective of the days a month has.
Number 47. Litigants other than those whose have to be in detention for trial or who
cannot be released on the personal bail to make presence on the fixed date
in accordance with law have to be tried upon releasing them on the
personal bail to make presence on the fixed date, immediately when they
make presence.
Number 48. In fixing the time for the parties to make presence, there shall be
established a memorandum of fixed date for presence, in the format as
referred to in number 49 of this Chapter, the top of which bearing the seal
of office, and specifying that the parties shall make presence in the office
or at such-and-such place at such-and-such time for such-and-such
business (purpose), and the employee fixing the date shall sign each of
19 Amended by the Ninth Amendment.
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such fixing and give it to the recipient of such fixed date, upon getting
evidence of acknowledgment thereof, which shall be placed on the record.
Number 49. Format of the memorandum of fixed date for presence:
Memorandum of fixed date for presence
issued by such-and-such office
Plaintiff: Such-and-such Defendant: Such-and-such
Case: Such-and-such
Fixed date for presence issued in the name of such-and-such
You are hereby required to make presence at........o'clock on such-andsuch
day for such-and-such business or purpose.
Number 50. No date for making presence shall be so fixed as to fall on the specified
day of holiday of the office.
Number 51. Upon the filing of a plaint, the date shall be so fixed, to the extent
possible, for the plaintiff to make presence that it falls on the day on which
the statement of defense would be filed, taking also into account the
period of Thirty days,20 as the time-limit to which the defendant is entitled,
and the time required for journey. If the date so fixed for presence and the
date on which the statement of defense is filed do not reconcile, after the
filing of the statement of defense, the same date which has been fixed for
the plaintiff to make presence shall also be fixed for the defendant to make
presence, and then the same date shall be reconciled and fixed for both
parties to make their presence.
Number 52. Except in cases where a party to a case has appointed an attorney, where
such a party is also a party to a case filed in another office that is within
Eight miles from the office where the case has been filed and that party
states that matter, then, in fixing the date for that party to make presence,
20 Amended by the Third Amendment.
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such date shall not be so fixed that it falls on the same day as fixed by that
other office to that effect.
Number 53. In fixing the date for making presence, there shall be established a book in
the format as referred to in this Number, and the date shall be fixed and
given to litigants by setting down in the receipt of date fixed for making
presence and the memorandum of date fixed for making presence to be
given to litigants, the proceeding or business to be carried out on that date;
and the proceeding or business for with the date has been so fixed shall be
mentioned in the column of the book on date fixed for making presence,
accompanied by the number of case and other necessary details, and the
proceeding or business as specified shall be carried out on the date so
fixed for the same after the litigants make presence. If, for any reasonable
cause, the proceeding or business cannot be carried out or completed on
the date fixed for the same, that matter shall be mentioned in the book on
date fixed for making presence, and the day on which such action or
business will be carried out shall be fixed as the date for litigants to make
presence, a remark to the effect that the date fixed for making presence has
been reassigned shall be mentioned in the book on date fixed for making
presence, and the book shall be signed by the chief of office if he or she is
present and by the subordinate employee of highest level if the chief of
office is not present.
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Book on date fixed for making presence
in a case to be tired originally
Year,
month
For issue
of
summons,
process to
defendant
Filing of
statement
of defense
Perusal
and
admission
of
evidence
Examination of evidence For
discussion
For
judgment
Remarks
Document Witness Survey, map
and people
inquired as
recognizance
Date Day
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Book on date fixed for making presence
in an appeal case or case of reference judgment
Year, month For
procurement
of
case-file
Examination of evidence For
summoning
presence of
litigants
For
discussion
For
judgment
Remarks
Document Witness Survey, map
and people
inquired as
recognizance
Date Day
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Number 54.21 If a person who has to be present in connection with a case is held by an
office in detention or in imprisonment sends an application to the office
where the case if filed stating that he or she has been held by that office in
detention or in imprisonment in connection with such-and-such case with
such-and-such person, the latter office shall inquire into all matters
including why he or she has been held in detention or in imprisonment and
by when he or she will be released; and if that person makes an application
to the office detaining or imprisoning him or her, that office shall forward
the application to the office where the case is filed, stating that he or she
has been detained or imprisoned by that office for such-and-such reason,
will be released on such-and-such date, and setting out the date of his or
her release, and if it is not possible to mention the date of his or her
release, setting out that matter. If such an application is received and he or
she is to be released within One month, the office in which the case is filed
shall try the case by fixing the date for making presence in accordance
with law if the person so detained or imprisoned makes presence within
Five days, excluding the time required for journey, from the date of
release. The office shall not stay without proceeding if such person is held
in detention or imprisoned for a term exceeding one month or the date of
his or her release cannot be projected or is detained or imprisoned in a
circumstance that he or she cannot be released. The office shall try and
dispose the case upon summoning his or her presence in accordance with
21 Amended by the Third Amendment.
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law if his or her presence is expedient or inquiring him or her into any
matter as required. If such person is released during proceeding and makes
presence within five days, excluding the time required for journey, after
the date of release, the office shall try the case, upon requiring him or her
to make presence on the fixed dates.
Number 55.22 Even though the litigant in a case expires the time-limit or date fixed for
making presence, the office shall not make judgment until the time-limit
that can be extended pursuant to Number 59 of this Chapter.
Number 56. ………………23
Number 57. If a government employee who has to make presence on the date fixed for
making presence in a case filed has to go on home leave, the employee has
to obtain a notice issued by the authority empowered to notify the sanction
of the home leave addressed to the office where the case is filed,
mentioning that the home leave is sanctioned for him or her for such-andsuch
number of days and produce it to that office. Immediately upon the
production of the notice of home leave, the office where the case is filed
shall fix the date for making presence by adding Seven days to the days of
home leave sanctioned to him or her. Where a suit is instituted against an
employee who has already gone on home leave, and the employee makes
presence in the office where the case is filed and makes an application
stating that he or she has gone on home leave, within Seven days from the
day on which he or she has to attend after the expiration of home leave,
despite that the time-limit or date fixed for making presence, being fallen
within the period of home leave, has expired, the office shall inquire into
the matter and extend the time-limit and date fixed for making presence
where the time-limit is found to have expired within the days of home
leave.
22 Amended by the Third Amendment.
23 Repealed by the Third Amendment.
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Number 58. Where a government employee who is required to make presence on the
time-limit or date fixed for making presence is deputed on a government
business, the following provisions shall apply:
The employee has to make an application to the office by the order or
decree of which he or she is to be so deputed for sending a notice of his or
her deputation to the office where the case is filed. If an application is so
made, the office shall immediately write and forward to the office where
the case is filed a notice specifying the period of deputation if made for a
specific period, and the period of days or months as estimated, at the
discretion of the chief of office, in view of the nature of business deputed
for if the period of deputation is not specified. Upon receipt of the notice,
the office where the case if filed shall fix the date for making presence by
adding Seven days to the days required in deputation and the days required
for journey to and from in accordance with law despite that it does not fall
on the day fixed for making presence. Even in fixing the date for making
presence by the other litigants of the case who are present in the office on
the date fixed for making presence, the date shall be so fixed as to fall on
the date fixed for the employee on deputation to make
presence……………….1
Where an employee has to proceed immediately when order is issued or an
employee who is staying in a place that is far from the deputing office has
to proceed from that place or an employee on deputation has to go on
another deputation while on such deputation, such employee may make an
application to the office where the case is filed stating that he or she has
not been able to make presence on the time-limit or date fixed for making
presence for such-and-such reason or to the office making his or her
deputation for sending a notice of deputation to the office where the case
is filed. If such an application is received, these offices shall give a notice
or fix the date for making presence, as the case may be, in accordance with
section 1 above. The memorandum of the date fixed for making presence
by the litigant on deputation has to be dispatched so that the litigant can
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receive it while on deputation and evidence of acknowledgement thereof
has to be put on the record……………………...2
Number 59.24 If the time-limit or date fixed for making presence on any case is expired
owing to a circumstance beyond control of the litigant, the expired timelimit
or date fixed for making presence not exceeding a period of thirty
days may be extended. ………….25 Provided that the matters contained in
Numbers 62 and 175 of this Chapter shall be governed by the provisions
set forth therein.
Number 60.26 In determining the instance where a litigant expires the date fixed for
making presence after the institution of suit, the instance shall not be
determined by calculating the instance of the extension of time-limit; and
the instance shall be determined by calculating the instance only after the
date of expiration of the date fixed for making presence and receipt thereof
by such litigant.
Number 61. Where it is necessary to require the litigant, who was previously required
to make presence on the fixed dates, to again keep on making presence on
the fixed date to try and adjudge a case which has been remanded to the
same court for judgment on the grounds that the case was adjudged
without deciding all the issues that should have been decided at the same
time while adjudging the case or that it was adjudged to be dismissed but
it should not have been dismissed or a case which has been postponed (or
sadjourned) otherwise than as set forth in Number 12 of this Chapter, the
instance of expiration of the time-limit or date fixed for presence
……..…..27 already availed by the litigant earlier when he or she was
under such requirement to make presence.
24 Amended by the Ninth Amendment.
25 Deleted by the Tenth Amendment.
26 Amended by the Ninth Amendment.
27 Deleted by the Third Amendment.
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Number 62.28 In the case of expiration of time-limit or date fixed for making presence on
any of the following circumstances, the following provisions shall apply:
Where any person relating to a person who is required to make presence
on the time-limit or date fixed for making presence dies and the person has
to perform the obsequies and makes presence in the office within Fifteen
days, excluding the time required for journey, after the date of completion
of the obsequies and makes an application, the time-limit or date fixed for
making presence shall be extended…..………..1
Where a women who is required to make presence on the time-limit or
date fixed for making presence gives birth to a child and consequently
expires the time-limit or date fixed for making presence and makes
presence in the office within Thirty Five days, excluding the time required
for journey, after the date of such child-birth and makes an application, the
time-limit or date fixed for making presence shall be
extended…………………..2
Where a person who is required to make presence on the time-limit
or date fixed for making presence on a case for recovery or
payment of a value or amount or foreclosure or recovery of
property in accordance with law dies or becomes insane or
disappears and consequently the time-limit or date fixed for
making presence gets expired and the heir to that person (his or her
rightful person or coparcener) makes presence in the office within
Thirty Five days, excluding the time required for journey, after the
date of such death, insanity or disappearance and makes an
application for the extension of the time-limit or date fixed for
making presence and survival or continuation of case, the timelimit
or date fixed for making presence shall be extended. Provided
that where the time-limit or date fixed for making presence falls on
a day after Thirty Five days of the date of such death or insanity or
28 Amended by the Third Amendment.
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disappearance and the heir to that person (his or her rightful person
or coparcener) makes presence in the office on that time-limit or
date and makes application for the survival or continuation of case,
a leave shall be granted for such survival or continuation of case
29.………………….3
Where a person who is required to make presence on the time-limit or date
fixed for making presence expires the time-limit or date fixed for making
presence because of being deputed on a government business and makes
presence in the office within thirty five days, excluding the time required
for journey, after the date of expiration of time-limit or date fixed for
making presence or the office deputing that person on the government
business makes a submission to that effect, then the time-limit or date
fixed for making presence shall be extended, executing a memorandum by
the office itself to that effect…………………..4
Where a person who is required to make presence on the time-limit or date
fixed for making presence is not able to make presence on such date and
gets such time-limit or date expired as a result of the closure of the route
due to flood, landslide or snow or declaration of a curfew or non-operation
of means of transport for any other reason or occurrence of a natural
calamity such as earthquake and makes presence in the office within ten
days, excluding the time required for journey, after the date of clearance of
route or operation of means of transport or of the occurrence of the natural
calamity and makes an application, accompanied by an evidence issued by
the concerned Village Development Committee or Municipality or
government office setting out the happening or occurrence of such event,
the time-limit or date fixed for making presence shall be extended30
……………..5
29 Inserted by the Tenth Amendment.
30 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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Number 63. ………………………..31
Number 64.32 A person who is to have the date fixed for his or her presence shall keep on
being present in the specified place on the date fixed for making presence
from the specified time until the act of fixing the date for presence is
completed. If a litigant who is required to make presence at the specified
time on the date fixed for making presence fails to make presence, the
office need not wait for the litigant. A litigant who fails to make presence
on the date fixed for making presence is not entitled to make a complaint
that the act set forth in the memorandum of date fixed for making presence
has not been carried out on the date fixed for making presence; and if a
litigant makes presence in the office after the time when it closes, the date
fixed for him or her to make presence cannot be extended.
Number 65. The following provisions shall apply while appointing an attorney in a
case:
A person who is required to be held in custody for trial in accordance with
law or who is to be held in custody as a consequence of his or her failure
to furnish such bail or security as demanded to be furnished by him or her
is not eligible to appoint an attorney. In other cases, where a person who is
allowed to furnish a bail or security in accordance with law furnishes such
bail or security, the person may appoint an attorney if the office deems it
reasonable to allow him or her to appoint an attorney and so allows
…………………………….1
In the case of a person other than a person in the circumstance as set forth
section 1 above, such person may, in normal cases, appoint an attorney
except as otherwise ordered by the office upon holding, for the sufficient
reason, that appointment of an attorney should not be allowed. In relation
to a civil case, the office shall not order precluding the appointment of
attorney………………………..2
31 Repealed by the Third Amendment.
32 Amended by the Tenth Amendment.
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33In appointing an attorney in accordance with law, the donor shall execute
a power of attorney stating that he or she has appointed such-and-such
person, who is competent to be an attorney in accordance with law, as his
or her attorney for trial, on his or her behalf, in such-and-such case with
such-and-such person. He or she agrees whether the attorney wins or loses
the case. At the time of judgment on the case, he or she shall make
presence in person and pay whatever may be payable by him or her. Any
punishment, penalty, fine, Ten percent fee imposed on him or her by the
court, court fee due to be paid by order and government amount is not due
and payable by him or her. He or she covenants that if such punishment,
fine, fee or amount is held to be due and payable him or her, the power of
attorney should be voided and the case should be tried in accordance with
law. The person to be appointed as attorney shall execute a deed
expressing his or her consent to the effect that any punishment, penalty,
fine, Ten percent fee imposed on him or her by the court, court fee due to
be paid by order and government amount is not due and payable by him or
her. The office shall receive the deed and try the case upon inquiring the
attorney into matters as required and getting any such deed to be executed
by the attorney as the office deems necessary in that case. If it seems
subsequently that any punishment, penalty, fine, Ten percent fee imposed
on him or her by the court, court fee due to be paid by order and
government amount is due and payable, and the same seems to be due and
payable by the donor of power of attorney, the office shall summon the
presence of the donor through that attorney within the time-limit of Seven
days and recover such due and payable punishment, penalty, fine,
government amount, court fees, as well, from him or her, and also impose
a fine of up to One Hundred Rupees; and if the donor of power of attorney
fails to make presence, the office shall void the power of attorney and try
the case in accordance with law. If such punishment, penalty etc. seems to
be due and payable by the attorney, the court shall impose a fine of One
33 Amended by the Seventh Amendment.
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Hundred Rupees on him or her. The power of attorney shall not be void by
virtue of such fine…………..3
If compromise on a case in which an attorney is appointed is to be made,
the litigants themselves shall make presence in presence and execute the
compromise. A litigant who is not able to make presence in person has to
execute a deed of consent, indicating the place where it is executed, in
accordance with the requirements specified by law, covenanting that the
litigant consents to entering into compromise in such-and-such manner on
such-and-such case with such-and-such person, in which his or her claim
is such-and-such, that compromise be executed through his or her suchand-
such attorney and that he or she thereby consents to such executing of
compromise, and the deed has to be signed by him or her and witnessed
and signed by at least Two witnesses and signed by the conveyance of the
deed on its margin, and the litigant has to send that deed of consent and
fee for compromise, as well, through the attorney to the office. If the deed
of consent is so executed and sent to the office as mentioned, and the other
litigants also consent to the entering into of compromise in accordance
with the deed of consent, the office shall execute the deed of compromise
in accordance with the requirements specified by law, collecting such fee
for compromise as chargeable by law. If the deed of compromise is made,
or caused to be made, through the attorney without the deed of consent
executed by the attorney appointing litigant as mentioned above shall be
void ………………4
In appointing an attorney, in accordance with law, in a civil case on which
amount in controversy is specified, except where a son is appointed by his
parents or husband is appointed by his wife or a family member living in
the common family, who have not partitioned the property in common or
separated the kitchen, is appointed by another member as an attorney, the
plaintiff or the defendant who so appoints attorney may appoint the
attorney only when such plaintiff or defendant furnishes a cash
deposit/security at the rate of Five percent of the amount in controversy as
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claimed by the plaintiff. In the event of failure to furnish such
deposit/security, the plaintiff or the defendant, as the case may be, has to
make presence in person on the trial of case. It is not required to furnish
such deposit/security while appointing the above-mentioned person as an
attorney, appointing an attorney in a case on which amount in controversy
is not specified and in a criminal case on which an attorney can be
appointed, and appointing an attorney for the purpose of filing an appeal
even in a case on which amount in controversy is specified. Such penalty
and other money as may be held to be imposable or payable in accordance
with law by judgment of the case, whether dismissal, repeal or otherwise,
shall be recovered from that deposit/security, and if there remains any sum
on the deposit/security upon such recovery, it shall be returned. If the
deposit/security is not sufficient to cover such penalty or money, the
remainder shall be recovered from the litigant in accordance with
law………5
Any such amount, fine, imprisonment and other money as may be
imposable on and payable by the litigant upon judgment, whether
dismissal or repeal or otherwise, on a case in which an attorney is
appointed, shall be recovered from the litigant himself or herself in
accordance with law. The attorney shall not be made liable
thereto……………………6
Number 66. In appointing an attorney by a foreign national who has not immovable
property in the territory of Nepal in a case which has bee filed in any
office in Nepal and in which attorney may be appointed in accordance
with law, appointment of attorney by such foreign national shall be
entertained only if such foreign national or person furnishes a bail of an
amount equivalent to the punishment which can be imposed on him or her
in accordance with law if his or her claim is sustained or claim or
accusation made against him or her is sustained or furnishes a guarantee
by a person who has an immovable property in the territory of Nepal in
consideration for such bail.
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Number 67. If a power of attorney submitted to the office does not meet the
requirements set forth in law, it shall be returned, indicating on the reverse
side of the power of attorney, that such-and-such requirement has not been
met and it shall be entertained if such-and-such requirement is met and
produced within the time-limit of Three days; and the seal of office shall
be affixed unto the reverse side, and acknowledgement of receipt of return
shall be recorded. If a power of attorney meets the requirement, the office
shall not make unnecessary requirement and return it.
Number 68. In appointing, and being appointed as, an attorney in a case in which
attorney can be appointed pursuant to law, the following person, who has
attained the age of Sixteen years, may be appointed as an attorney:
Any one out of the relatives living in the common/joint family…….1
34In the case of the other persons, any person other than a person who has
been punished for the offense of bribery and forgery and any other
criminal offense involving moral turpitude ………………………..2
Number 69. A person who can be appointed as attorney pursuant to law may be
appointed as an attorney, in accordance with the following, in a case, in
which attorney can be appointed, and which is running in, or to be filed in,
an office within the distance of Eight miles. A person who has already
been appointed as an attorney in a case filed in an office that is not within
the distance of Eight miles shall not be appointed as an attorney in a case
filed in another office nor shall such person accept such appointment. If a
person who is an attorney is held in detention or imprisonment in
connection with any case, that person shall not serve as attorney in
another's case while in detention or imprisonment:
Irrespective of the number of cases which have been filed by or against a
person in an office, the person may appoint one person as his or her
34 Amended by the Seventh Amendment.
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attorney in relation to all cases, and that person being appointed as
attorney may accept such appointment………………..1
In relation to the same case filed by various persons in an office, all
persons may appoint the same person or several persons may appoint
several persons as their respective attorney in such case, and such person
or persons may accept such appointment………...2
The plaintiffs of the same case filed in an office may appoint any of them
and the defendants may appoint any of them as their attorney, and such a
plaintiff or defendant may accept such appointment……………3
A person who is still serving as an attorney in one case in the same office
may be appointed by the litigant of another case 35 which has already been
filed or to be filed in that office, prior to the making of judgment or during
the validity of the appointment of attorney, and that person being
appointed as attorney may accept such appointment………………..4
A person who is serving as an attorney in a case filed in one office may,
during the validity of the power of attorney, be appointed as an attorney by
the litigant who has so appointed that person as his or her attorney or the
litigant's joint family member in another case already filed or to be filed in
another office that is within the distance of eight
miles...............................................………….5
Number 70. Where a litigant has appointed a person as his or her attorney by executing
a power of attorney, the litigant himself or herself may revoke the power
of attorney and appoint another attorney or the heir to the litigant may,
after the death of the litigant, accept such attorney or appoint another
attorney in stead of such attorney.
Number 71. While revoking the power of attorney and appoint another attorney in his
or her stead, a litigant shall execute a power of attorney in accordance with
law, stating the matters, inter alia, that the litigant has appointed such-and-
35 Amended by the Seventh Amendment.
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such person, a resident of such-and-such place, as his or her attorney in
such-and-such person with such-and-such person and has to change the
attorney for such-and-such reason and has appointed such-and-such person
as his or her attorney in stead of the said former attorney and deliver it to
the attorney for its production in the office. If an attorney is so appointed
and the attorney produces the power of attorney, the office shall put it on
the record, enter into the record the substitution of the attorney for the
predecessor attorney appointed in accordance with law, entertain the
subsequent power of attorney and proceed and try the case.
Number 71A.36 If any person so wishes in a case, in which attorney can be appointed, the
person may appoint any one, who may be appointed as an attorney in
accordance with law, as an authorized attorney by executing a power of
authorized attorney, empowering the attorney to file or defend a case and
do any other legal action pertaining thereto on behalf of that person. The
authorized attorney may do any act set forth in the power of attorney only
in relation to the case, if any such case is specified in the power of
attorney, and in relation to any such case as already filed or may be filed
subsequently or any act required act in any case whatsoever if the case has
not been so specified and authority has been given generally and shall also
have the power to appoint an attorney in any case in relation to which he
or she has been given authority. Any summons, process, subpoena or
notice to be issued in the name of any person appointing an authorized
attorney in a case in which the authorized attorney has been appointed
may be served on the authorized attorney.
Number 71B.37 In appointing an authorized attorney by executing a general power of
attorney without specifying any case, it has to be executed in presence of,
and certified by, any district judge if the power of attorney is executed
within the Nepal and Nepalese ambassador or consular if it is executed in
a foreign country; and if any person appears for such certification, the
36 Inserted by the Third Amendment.
37 Deleted by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
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district judge or Nepalese ambassador or consular shall certify the same.
Any power of attorney which has not been so certified shall not have any
legal validity.
Number 71C.38 The power of authority executed pursuant to Number 71B. above shall be
void in any of the following circumstances:
If the power of attorney specifies the time-limit and states that it
shall remain valid only until that time-limit, and the time-limit
expires ……………………………………1
If the power of attorney states that it shall cease o remain valid
after the occurrence of any specific event or circumstance, and the
event or circumstance occurs …….……2
If any person intends to void the power of attorney in any
circumstance other than that mentioned above, and a notice thereof
in writing is given to the concerned authorized attorney and a
notice specifying all details is published in any Two leading news
papers of Nepal………………………3
Number 72. In receiving plaints, separate plaints shall be received in relation to civil
and criminal cases. In other cases, even if the same person makes claims
of many disputes against the same person by way of one plaint or many
persons make claims of the same dispute against many persons, all matters
or claims shall be settled and adjudged by way of the same plaint. If the
same plaint contains matters more than those mentioned above, the plaint
shall not be returned. Such matters as cannot be adjudged by way of that
plaint shall be mentioned in the head of the plaint, stating that the matters
more that that as mentioned cannot be adjudged by way of this plaint but
can be adjudged by the office or other office only if another plaint is filed,
and the head of the plaint shall be signed by the chief of office, and the
receipt of the plaint shall also state the matters that cannot be adjudged by
38 Inserted by the Third Amendment.
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way of that plaint, for the purpose of informing the plaint maker of the
same.
Number 73 In making a plaint in a case in which the same suit can be made at the
same time against the same person, a person shall not make a plaint
praying for the punishment or recovery of only such-and-such matter/
amount by the instant suit with intention to make another suit
subsequently on the other matters only after considering the results of the
suit so filed earlier, and such person shall not also make any plaint
subsequently on such type of case omitted from that plaint.
Number 74. While making and receiving suits specifying value, price or amount on
cases in relation to which suits have to be filed by specifying the
value/price or amount, punishable by law from the perspective of the
value, price, amount or land-revenue where the claims of suits are
sustained or proved false, such suits have to be filed and received
specifying, or causing to be specified, the following minimum value, price
or amount by plaintiffs, both the government and the individual. In respect
of those cases including those of partition where the price or amount has
to be set out subsequently in accordance with law by obtaining an
inventory, the minimum of price or amount has to be set out as follows at
the time when inventory is made in accordance with law and the case has
to be tried in accordance with law:
Where a land is claimed according to the figure of land-revenue specified
for the land, and where a barren or uncultivated land or any other type of
land is claimed and land-revenue is not specified for such land, the same
land revenue as applicable to the adjoining land shall be set and by One
Hundred Rupees for every Six rupees of the land
revenue………………….1
In cases where the Government of Nepal has to realize and recover the
governmental land concealed or embezzlement or loss of land revenue of
such land or take payment of cash in consideration for crops, land revenue,
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goods in-kind, including arrears, and where the crops, revenue, goods etc.
have to be paid to the office also collecting the government amount, trust
etc. within the territory concerned and the rate has been fixed by that
office for collection of cash in consideration for goods in-kind, according
to the rate specified by the office to which payment has to be made, and
according to the rate prevailing in the town, village market in cases where
such rate is not specified by the office…………………………..2
In the case of a house/building, shop and adjoining land, appurtenant
thereto, at the rate prevailing in the place where such ruin is situated
…………3
In the case of all goods in-kind to be collected by the Government of
Nepal from any individual, by any individual from the Government of
Nepal and by any individual from any other individual, according to the
rate prevailing at the town and village market ………………….4
In the case of the value and amount of loss in wages, according to the rate
prevailing in the place where such loss in wages has been
caused……………………5
Where a deed has been executed specifying the rate of transaction or
payment, according to the rate as specified in the deed…………………6
Number 75. A fee of Fifty Rupees39 shall be charged while filing a plaint or a
statement of defense.
Number 76. In receiving a plaint, the plaint conforming to the format set forth in this
Number shall be received.
Plaint
39 Amended by the Tenth Amendment.
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Whereas, such-and-such person, age of approximately …..years, a resident
of …….place, …………village of such-and-such district, has done suchand-
such/so-and-so act;
Now, therefore, the plaintiff hereby prays for justice by imposing
punishment on the defendant or recovery of such-and-such goods for suchand-
such reasons, in accordance with law, by examining my witnesses and
evidence as follows in this matter (the matters and facts have to be set
down in separate paragraphs).
Evidence of this matter:
Witness:
Eye witness:
Such-and-such person, age of approximately…..years, a resident of
…….place, …………village of such-and-such district or whose name is
not known………………..
Hearsay evidence:
Such-and-such person, age of approximately…..years, a resident of
…….place, …………village of such-and-such district or whose name is
not known………………..
Document:
The documents with such-and-such details of such-and-such date are in
such-and-such place.
I, such-and-such person, age of such-and-such years, son, daughter,
husband or wife of such-and-such person,40 born in …….place,
…………village of such-and-such district, and a resident of…….place,
…………village of such-and-such district, have filed it in such-and-such
office. (The plaint maker has to be caused to sign and seal it).
Done on …………day,……..of the year 20……
40 Amended by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
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Number 77.41 The plaintiff shall produce such documentary evidence in original as, from
the nature of the document, it should be with him or her or he or she can
obtain it, and a copy of it with the plaint and the defendant shall produce
such evidence along with the statement of defense or at the time of
making deposition. Any proof or evidence that has not been so mentioned
or produced shall not be examined or taken in evidence subsequently.
Provided that the following matters shall be governed by the following
provisions.
If it deems necessary to examine or inquire any documentary evidence or
witness or other person in public inquiry other than that set forth in the
plaint or statement of defense in a case in which the Government of
Nepal is plaintiff and a case of riot and battery/hurt, the office may
examine such evidence or person ……..1
In the case of a document that cannot be carried in to the court, in
producing the document as mentioned above, it will suffice to produce
only a copy of the document ……………………2
The matters set forth in Number 78 of this Chapter shall be governed by
that Number ……………………3
If a litigant to a case filed, pursuant to Number 83 of this Chapter,
showing any reasonable cause, makes an application praying for the
fixation of another date for presence for the production of any
documentary evidence, the office may fix another date for presence, for a
period not exceeding Thirty Five days, for the production of that
documentary evidence…………………….4
If a litigant makes an application for a leave to produce any new and
important documentary evidence which was not known to him or her or
he or she was not able to obtain despite best possible effort at the time of
filing the plaint or the statement of defense, the office may, if the
41 Amended by the Third Amendment.
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contents of application seem reasonable, examine that evidence by
executing a memorandum thereof…………………..5
Number 78.42 On the date fixed for the examination of proof and evidence, the
evidentiary document submitted by the plaintiff shall be shown in
original to the defendant and that of evidentiary document submitted by
the defendant shall be shown in original to the plaintiff, and the contents
to be read out to each and statements made by the plaintiff and the
defendant as to whether such document is genuine, forged or fraudulent
shall be recorded. If, at the point of time, it is not possible to determine
whether the document in question is genuine, forged or fraudulent and the
chief of office, at his or her discretion, deems it reasonable to give a timelimit,
he or she may give a time-limit not exceeding Three days. Where a
document bearing the signature of one other than the litigant is submitted
and a request is made for a time-limit in view of being unable to
determine whether the document is genuine, forged or fraudulent at that
point of time, a time-limit not exceeding Thirty Five days shall be given
to make statement, accompanied by evidence, as to the genuineness,
forgery or fraudulence of the document. In giving a time-limit, the
receiver of the time-limit shall be caused to execute a deed that he or she
has seen and heard the document. Any statement made by him or her as
to the genuineness, forgery or fraudulence of the document within the
time-limit shall be recorded. Statements by the litigants who are present
on the day on which he or she makes a statement that the document is
forged or fraudulent shall be recorded on that day and that by those who
are not able, for any reasonable ground, to make presence shall be
recorded on the day on which they make presence. Where the attorney or
legal practitioner is making presence and it appears necessary to summon
the presence of the litigant himself or herself, the office may summon the
presence of the litigant and record the statement of the litigant. A list of
the proof or evidence produced within that time-limit shall be prepared
42 Amended by the Third Amendment.
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on the day of production. Any evidence not produced within that timelimit
shall not be taken in evidence.
Number 79. Upon the production of any document set down as evidence in a plaint or
statement of defense, a copy of the document shall be made, to be signed
by the litigant who has produced it with affidavit that the copy
corresponds to the original, and the employee of at least non-gazetted
third or second class serving in the office shall verify the copy with the
original and sign to the effect that it corresponds to the original, and the
copy shall be entered on the record, and signed and sealed by the chief of
office. It is not required to take the documents in original at that time.
The original documents shall be returned, after making endorsement on
them, with entering serial numbers thereon, and the seal of office shall be
affixed on the endorsement. If it is necessary to see the original lateron, it
shall be obtained from the litigant and then returned to him or her. If a
suit or complaint is filed claiming that a document is forged, the original
document which is so claimed to be a forged one shall be taken and
retained in the case-file safely, and a receipt thereof shall be given to the
litigant immediately. In taking such an original document, there shall be
endorsed on the reverse of the original document, other than the
authentication seal or a document executed by any office or court, that its
producer has produced it, and the endorsement shall be signed by the
producer, and at the time of making statement that the document is
forged, the statement maker shall be caused to make impressions of both
thumbs and make signature, if he or she is able to write, onto the reverse
of such document, and then the document shall be retained in the casefile.
Number 80.43 A case to be treated by law as a civil case from the statement of the
defendant in a criminal case being filed in the office or a case to be
treated by law as a criminal case from the statement of the defendant in a
43 Amended by the Ninth Amendment.
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civil case being filed in the office shall be tried and disposed by the same
office trying the criminal or civil case, by taking statement in summary
from that case-file itself, in accordance with law, including the provisions
set forth in Number 78 of this Chapter. Provided that the office which is
competent to try only those cases specified or conferred by any Act shall
try and dispose only those cases in accordance with that Act.
Number 81. While filing a plaint on a case other than a case in which a warrant is to
be issued, the plaint filing person shall submit in a stamped envelope
such number of copies of the plaint as the number of defendants if the
number does not exceed five other than those living in the joint family,
five copies if the number of defendants exceeds Five irrespective of the
number of defendants and one copy if the plaint is filed against the joint
family members irrespective of the number of such members against
whom it is filed, along with the original of the plaint, and the plaintiff
shall sign the copy with affidavit that the duplicate copy corresponds to
the original, and the office shall also receive the same by verifying the
copy with the original.
Number 82. Any one may file a suit on a case in which the Government of Nepal
becomes a party and on a case of bribery filed along with the production
of the evidence of document signed himself or herself by the government
employee who has asked fro bribery. In all cases other than these cases, a
suit with claims on any matter shall be entertained only if it is filed by a
person who has locus standi on that matter.
Number 83.44 If it is required to file or make a plaint, statement of defense, appeal,
application on any matter on which a minor below Sixteen years of age or
a person who, despite being a major, is not sane because of the state of
elderly or any kind of serious disease or is mad or blind on both eyes or
dumb or a person who has gone abroad but whose return is uncertain has
locus standi or to carry out any other act or action in relation to case, any
44 Amended by the Ninth Amendment.
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heir to such person, who has completed the age of Sixteen years and is
living in the joint family may, with the leave of the office, may file, make
or carry out the same …………………..1
If there is no person living in the joint family as mentioned in section 1
above, in the case of the person set forth in the said section, a person who
takes care of or protects that person may, with the leave of the office, file
or make a suit, statement of defense, appeal or application or carry out
any other act or action in relation to case, on behalf of that person
……………….........2
In the circumstances set forth in Sections 1 and 2 above, evidence shall
be examined first whether such a cause has occurred or not, and if such
cause is established, the person taking care of, guardian of, or heir to, the
person may, on behalf of that person, carry out act or action relating to
case, as mentioned in these sections, despite that an attorney or power of
attorney has not been appointed or executed………………………….3
If an application is made for a leave pursuant to Sections 1 and 2 above,
notwithstanding anything contained in the laws in force, decision on the
application shall be made within One month after the making of the
application for leave upon inquiring into matters whatsoever required.
Provisions relating to limitation shall not apply in such a
case………………………4
Number 84. If both parties make plaints on battery/hurt, manhandling, abuse or
quarrel made by them on each other, the office shall receive, try and
dispose such plaints in accordance with law.
Number 85. After a case is filed in and adjudged by the office, a plaint in the same
case against the same litigant shall not be received and tried, if it is not an
appeal against the judgment in accordance with law. Even though it is
received, it shall be revoked.
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Number 86. If, in a case on which judgment, dismissal judgment, compromise or
repeal judgment (Khareji Phaisala) is made, such judgment, dismissal
judgment, compromise or repeal judgment has also resulted in the
termination of the right of another person, and that other person whose
right is to be so terminated makes, within Thirty Five days after the date
of knowledge thereof, a suit against the litigant in respect of his or her
right, claiming that he or she also has the right therein and the litigant's
defeat alone or such dismissal or repeal judgment or compromise is not
capable of terminating his or her right, the office shall try and adjudge the
suit.
Number 87. If a plaint submitted to the office does not meet the requirements set forth
in law, it shall be returned, indicating on the reverse side of the plaint,
that such-and-such requirement has not been met and that it shall be
entertained if such-and-such requirement is met and produced; and the
seal of office shall be affixed unto the reverse side, and acknowledgement
of receipt of return shall be recorded. If the plaint meets the requirement,
the office shall not make unnecessary requirement and return it.
Number 88. Once a plaint, statement of defense or deposition is filed or made on a
criminal case with the case trying office, any addition set down by the
same person that there are also more accused shall not be valid. This
restriction shall not apply to the police report(charge sheet).
Number 89. If one person files a plaint on the same case in one office and the other
person files a plaint on the same case in another office or one person files
plaints on the same case in both offices, the plaint filed in the office
earlier shall be entertained. The subsequent plaint shall be canceled, and
the case shall be tried accordingly.
Number 90. If an application or report made by any person on a case in which the
Government of Nepal is plaintiff is received by the case trying office by
post, the application or report maker shall immediately be subpoenaed to
make presence within seven days excluding the time required for journey
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and inquired into the matter; and if in making such inquiry, that person
states that he or she has sent the application or report and can prove it,
then the accused shall be summoned and tried only after setting out the
evidence, if any, to that effect, recording his or her deposition and
fulfilling such requirements as required to be fulfilled in accordance with
law. If that person states that he or she has not sent the application or
report or if it is anonymous or if that person does not make presence
within the specified time-limit for action, such an application or report
shall not be capable of triggering the trial of case or arrest and trial of any
person.
Number 91. If an order is received to make a summary inquiry into an application on
a matter in which the Government of Nepal is not a party but a summary
inquiry has to be made on it in accordance with law, a Seven-day
subpoena, accompanied by the contents of the order, shall be sent to the
person who has sent the application within Three days of the receipt of
the application. If the person makes presence within that time-limit,
proceeding shall be taken in accordance with the order. If the person fails
to make present within that time-limit or makes presence and states that
he or she has not sent that application, proceeding need not be taken in
accordance the order.
Number 92.45 Where a person, who has filed a suit in an office against another person in
a case other than a case in which the Government of Nepal is a plaintiff,
executes a deed, prior to judgment on the case, that he or she cannot
prove the case and intends to withdraw from it, the office may permit
such withdrawal, by punishing him or her with a fine of up to Five
Hundred Rupees. If, in the case of an appeal or application, the appellant
or applicant executes a deed stating that he or she cannot prove the claims
or pleas as set forth in the appeal or application, such appellant or
45 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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applicant may, with the leave of the office, withdraw such appeal or
application.
Number 93. In summoning the presence of such a litigant or a person in evidence as
required to be subpoenaed by law, by serving a warrant, summons,
process, subpoena or notice, except as otherwise provided, and except for
a reasonable reason, the warrant, summons, process, subpoena or notice
shall be issued and served within Ten days, where the same has to be
served by the office itself, and shall be forwarded within Three days,
where it has to be served by another office, after the date on which the
case is filed where the presence of the defendant has to be summoned
first, after the date of the execution of a memorandum to subpoena the
other litigants who are not on recognizance but who are to be subpoenaed
later and after the date of payment of the fee for calling witnesses where
they are to be subpoenaed or after the date on which it is determined to
subpoena them.
Number 94.46 In order to arrest the accused on the case of………….47 state affairs
punishable by …………48 imprisonment, homicide, attempt to murder,
robbery, killing of cow, counterfeit of Nepalese or foreign coin, or
printing and use of such counterfeit coin, attempt to such counterfeit, or
printing and use, case carrying punishment under the Chapter on Rape,
case on trafficking in person or related thereto, case on narcotic drugs,
case on embezzlement by a civil servant of cash or goods in-kind or
setting fire to a house containing governmental property, the case trying
office shall send a warrant in duplicate, in the format as referred to in
Number 98 of this Chapter, also setting out the complexities of the
accused, in as much detail as possible, and the Seventy-day process as
referred to in Number 99 of this Chapter for its service in the event that
the accused cannot be arrested despite persistent search within seven
46 Amended by the Ninth Amendment.
47 Deleted by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
48 Deleted by the Act Amending Some Nepal Acts Relating to Punishment, 2055.
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days, to the police office or the police employee in the territory where the
accused is residing, and upon the expiration of the time-limit of seven
days, that the said process has been issued shall be published in the
notice-board of the office and also in any local newspaper, as far as
possible. Upon receipt of a warrant, the police office or employee shall,
unless and until the warrant is revoked or served, persistently search and
arrest the accused and produce him or her before the warrant issuing
office within Twenty Four hours, excluding the time required for journey.
If it is found that the accused has gone to and resided in another territory,
such police office or employee shall send such warrant to the police
office or employee of the territory where the accused has so resided and
give information thereof to the warrant issuing office. If the warrant is so
received, the police office or employee shall serve, or cause to be served,
the warrant as if it were ordered in its or his or her name. In other cases, a
summons in a criminal case and a process/subpoena in a civil case shall
be issued by giving the time-limit of Thirty days, excluding the time
required for journey; and the summons and process shall be in the format
as referred to in Number 104 of this Chapter.
Number 95.49 In reckoning the time limit required for journey, in the place where the
regular service of transport is in operation, the days actually required
from making travel by rail and bus and one day for every Eight miles in
the place where such rail or bus service is not in operation shall be
reckoned. One day shall be reckoned for less than Eight miles. Provided
that no time-limit shall be given for a journey of less than a total of Eight
miles.
Number 96. Where the partition share has been attached in accordance with law for
the reason that the person concerned has not made presence even within
the time-limit as referred to in the process, and that person makes
presence within Six years of the attachment of the partition share, any
49 Amended by the Seventh Amendment.
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such penalty as may be imposed on him or her by the judgment of the
case shall be recovered and the remaining, if any, and the partition share
in whole, if no penalty is so imposed, shall be released. While making
such a release, where a movable property has been sold by auction, the
proceeds of the auction sale as credited into the revenue and the partition
share in whole where auction has not been made shall be returned.
Number 97. ………………..50
Number 98.51
Format of warrant
A warrant issued by such-and-such office in the name of such-and-such
police office or police employee
Whereas, such-and-such person, a resident of such-and-such office, with
such-and-such peculiarities/identification marks, has to be arrested on
such-and-such offense;
Now, therefore, you are hereby ordered to persistently search the accused
until this warrant is revoked, arrest and dispatch the accused to this office
in such a manner that the accused cannot escape on the way. If the accused
is not arrested until seven days excluding the time required for journey,
time-limit process forwarded herewith be served on the Eighth day and
persistent search be made to arrest the accused even thereafter. Done on
…….day of ……..the year 20….
Number 99.52 Format of time-limit process (summons notice).
The time-limit process (summons notice) issued by such-and-such office
in the name of such-and-such person, a resident of such-and-such place
Whereas, such-and-such person, a resident of such-and-such person, has
flied a suit that you have committed such-and-such offense or you have
50 Repealed by the Third Amendment.
51 Amended by the Seventh Amendment.
52 Amended by the Seventh Amendment.
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been accused of such-and-such offense, and a warrant for arrest has been
issued for arresting you but you have not been arrested;
Now, therefore, this time-limit process has also been posted. If you
voluntarily appear or are arrested and produced before this office within
70 days excluding the time required for journey, you shall be heard and
tried in accordance with laws. If you remains absconding thereby expiring
the time limit, your partition share shall be attached, and the partition
share shall also be attached and the case shall be tried in accordance with
law if you are not arrested or do not voluntary appear even until Six years;
and you shall not be entitled to make a complaint subsequently.
Number 100. …………………53
Number 101. In issuing a summons or subpoena, a total of Two copies consisting of
one stamped copy as referred to in the format and one non-stamped copy
thereof shall be set down for each person, and shall be signed or sealed by
the chief of office, bear the seal of office and dispatched for service. In
issuing a summons or subpoena in the name of a defendant of a case in
which plaint is filed, other than a case in which a warrant can be issued
and summary procedure followed, the copies of the plaint filed/produced
by the plaintiff shall be signed or sealed by the chief of office and stamped
with the seal of office, and only one copy for all members living in the
joint family and a copy each for a maximum of five other defendants,
other than such members, and in the case of more than five defendants, a
copy each for such main defendants, out of them, as the chief of office
may, at his or her discretion, consider that all the defendants in that case
can inspect and receive the copies if the same are sent to these main
defendants, shall be sent along with the summons or subpoena, and the
same shall be served accordingly.
53 Repealed by the Seventh Amendment.
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Number 102. 54 Format of the summons or subpoena in the name of a defendant of a
case, other than a case in which warrant can be issued and direct procedure
followed.
The summons or subpoena issued by such-and-such office in the name of
such-and-such defendant, a resident of such-and-such place
Whereas, such-and-such person, a resident of such-and-such place, has
filed a plaint against you in this office in such-and-such case, on such-andsuch
date;
Now, therefore, the copy of the plaint is hereby herewith forwarded. You
are hereby subpoenaed/summoned to appear in this office in person or by
an attorney or legal practitioner in accordance with law, at………hours
within Thirty days, excluding the time required for journey, and you or
your attorney or legal practitioner shall be accompanied by your
documentary evidence. Then, the case shall be tried in accordance with
law. If you fail to produce along with the statement of defense the original
and copies of your documentary evidence, it shall be in accordance with
law. Take notice that in default of your presence in person or by an
attorney or legal practitioner, along with the statement of defense, within
the said time-limit, the case shall be heard and adjudged in accordance
with law. Your complaint shall not be entertained subsequently.
Done on ……………day of ……………the year………..
Number 103. Where a copy of the plaint is not accompanied by the summons or
subpoena but is sent only in the name of other defendants, the summons or
subpoena shall be issued stating therein the name of the person in whose
name the copy has been sent and setting out that the copy has been so sent
to such-and-such person.
Number 104.55 Format of the summons or subpoena in the name of a defendant of a case
in which direct procedure is followed.
54 Amended by the Third Amendment.
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The summons or subpoena issued by such-and-such office in the name of
such-and-such defendant, a resident of such-and-such place
Whereas, such-and-such person, a resident of such-and-such place, has
filed a complaint or made deposition against you in this office in suchand-
such case, on such-and-such date or a police report accusing you of
such-and-such offense has been made in this office on such-and-such date;
Now, therefore, take notice that the case shall be tried; and you are hereby
subpoenaed/summoned to appear in this office in person or by an attorney
or legal practitioner in accordance with law, at………hours within thirty
days, excluding the time required for journey. Then, the case shall be tried
in accordance with law. Take further notice that in default of your
presence in person or by an attorney or legal practitioner, the case shall be
heard and adjudged in accordance with law. Your complaint shall not be
entertained subsequently.
Done on ……………day of ……………the year………..
Number 105. In issuing the summons or subpoena in a case in which an attorney or
power of attorney cannot by law be appointed or executed, the summons
or subpoena shall not state that attorney may be appointed or sent.
Number 106. Format of the subpoena in the name of a witness.
The subpoena issued by such-and-such office in the name of such-andsuch
witness of plaintiff or defendant or person publicly inquired
Whereas, it is required to inquire you on such-and-such case between
such-and-such plaintiff and such-and-such defendant;
Now, therefore, you are hereby subpoenaed/summoned to appear in this
office, at………hours on such-and-such date. Take notice that in default
of your presence, you shall be liable to punishment in accordance with
law.
Done on ……………day of ……………the year………..
55 Amended by the Third Amendment.
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Number 107. A plaint, statement of defense, memorandum of appeal etc. to be filed in an
office shall state the name of father or mother or husband or wife.56 A
summons, subpoena, process etc. to be issued by the office shall, as far as
possible, also state the name of father or mother or husband or wife57 of
the person whom it is to be issued to.
Number 108.58 In issuing a summons or subpoena, it shall be issued by collecting from
the plaintiff the fee at the rate of ten rupees for each defendant.
Number 109. …………………59
Number 110. In sending a summons, subpoena, process, time-limit or notice for service
and in serving the same, it shall be sent for service and served by fulfilling
following requirements/procedures:
Three copies of the summons, subpoena, process, time-limit or notice to
be served shall be handed over to the government employee designated to
serve the summons, subpoena, process, time-limit or notice, and a receipt
thereof shall be recorded. The employee may deliver the same to the
concerned person at any place where he or she meets that person if the
employee knows him or her. If the concerned person is not found or not
identified, the employee shall visit his or her address, inquire about his or
her house or rented house where he or she lives, identify the person and
deliver the unstamped summons, subpoena, process, time-limit or notice to
the concerned person himself or herself if he or she is found and to any
major person living in the joint family60 of that person if he or she is not
found, in presence of a member or secretary of the concerned Village
Development Committee or Municipality and other two local
gentlepersons,61 and affix the same unto the house door of the concerned
56 Amended by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
57 Amended by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
58 Amended by the Tenth Amendment.
59 Repealed by the Third Amendment.
60 Amended by the Act Amending Some Nepal Acts to Maintain Gender Equality, 2063.
61 Amended by the Act Amending Some Nepal Acts Relating to Court Management and Administration of
Justice, 2058.
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person conspicuously if even such major person is not found or refuses to
receive it despite that such person is found, and the date of service shall be
mentioned in such unstamped summons, subpoena, process, time-limit or
notice, and there shall be endorsed on the stamped summons, subpoena,
process, time-limit or notice, the matters indicating the person whom it has
been delivered, where it has been affixed unto and the date of such
delivery and affixation, and such endorsement shall have to be clearly
signed and sealed by the above-mentioned persons present at the time of
the delivery or affixation and also by the employee serving the same, and
that employee shall submit it to the office. Where it is served by affixing it
onto the house door, the date of such service shall be mentioned in the
third copy and that copy shall be handed over to the concerned Village
Development Committee or Municipality62 and a separate receipt thereof
shall be obtained or that matter shall be mentioned in the reverse side of
the served copy, which shall have to be signed and sealed. Upon receipt of
such summons etc., the concerned Village Development Committee or
Municipality63 shall immediately post it on its notice board. The summons
etc. duly affixed unto the house door of the concerned person shall not be
considered as unduly served by the only reason that it has neither been so
delivered to the Village Development Committee or Municipality64 nor
been so posted. The time-limit shall start to begin from the date of
affixation onto house door. If the server of summons etc. does not hand
over such summons etc. as required to be handed over to the Village
Development Committee or Municipality,65 he or she shall be liable to a
fine not exceeding One Hundred Rupees for each instance
……………………….1
62 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
63 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
64Amended by the Court Management and Administration of Justice Related Some Nepal Acts Amendment
Act, 2058.
65Amended by the Court Management and Administration of Justice Related Some Nepal Acts Amendment
Act, 2058.
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The member of the Village Development Committee or Municipality,
Jimidar, Talukdar, Chaukudar, gentleperson etc. as mentioned in section 1
above, in the place where a summons, subpoena, process, time-limit or
notice has to be served shall also witness and assist the service thereof by
fulfilling the requirements as set forth in the same
Section………………….2
If a summons, subpoena, process, time-limit or notice has to be served on
any company, corporation or other body corporate in relation to any case
in accordance with this Number, it has to be served on the managing
director or director or other employee who serves as the principal of that
company, corporation or body at the time of
service……………………………………3
66Notwithstanding anything contained in sections 1, 2 and 3 above, while
serving a summons, subpoena, process, time-limit or notice on the name of
a government office or body corporate or an employee serving in such
office or body,67 it may be served by registered post. Where it is so sent by
post, the summons, subpoena, process, time-limit or notice shall, unless
proved to the contrary, be deemed to have been duly served after the
delivery receipt thereof is submitted to the
office………………………………….3A
68Notwithstanding anything contained elsewhere in this Number, if, in the
course of serving a summons, subpoena, process, time-limit or notice,
while delivering it to any employee serving in a government office or
body corporate or any member or office-bearer of such body, such
employee or member or office-bearer refuses to receive or is not found in
the office, it may also be delivered to the office. If the summons, subpoena
etc. is so served by indicating the matter that such service was made due to
66 Inserted by the Ninth Amendment.
67 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
68 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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that while making such delivery the concerned employee or member
refused to receive it or was not found, it shall be considered to have been
duly served.
Provided that in the case of an employee, member or office-bearer who is
not present in the office, the day on which he or she is present in the office
shall be deemed as the day of service of summons………..3B.
69If the summons, subpoena, process, time-limit or notice is tendered for
service pursuant to section 3B., the concerned office shall also receive it
and give information thereof to the concerned employee
promptly………………………..3C
70In serving a process in the name of a foreign person, if shall be served on
any kind of office or agent of such person within the Kingdom of Nepal if
such office or agent is available. If such office or agent is not available,
the process shall be served by telex, tele-fax or other recordable means of
telecommunications or registered post to the address where he or she
resides permanently or stays and to the address supplied by him or her for
correspondence at the time of doing transaction, if any, in Nepal. The
office shall recover the expenditure incurred in such service as if such
expenditure were court fee……………………………………..3D.
71After the production of the summons, subpoena, process, time-limit or
notice as served pursuant to sections 1, 2, 3, 3A., 3B., 3C., and 3D. above,
the office shall examine whether it has been duly served in accordance
with law or not; and if the requirements set forth in law seem to have been
met, the process server shall be caused to sign a separate paper stating that
he or she shall be liable to punishment according to law if it is proved that
he or she has served it on a different house door or person or has
69 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
70 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
71 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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mentioned that the process has been served but it has not been served
really or that he or she has received signature of a fake witness, and the
paper shall also mention the date of its production to the office, and be
signed by the process server and the summons, subpoena, process, timelimit
or notice so produced shall be recorded in the case
file………………4
If, upon examination the office after receiving the same as mentioned
above, it appears that it has not been served in fulfillment of the
requirements of law or if, in inquiring into the matter upon a complaint
filed, it is held that the process server has done unduly, the process shall
be caused to be served again by fulfilling the requirements of
law……………...5
72A summons, subpoena, process, time-limit or notice to be served on any
litigant in accordance with law may also be served, as mentioned above,
on his or her attorney or legal practitioner authorized for that purpose. If
the summons etc. is served accordingly, it shall be deemed to have been
served on the litigant himself or herself ………….6
Number 111.73 In serving a summons, subpoena, process, time-limit or notice sent by the
office for service or making arrest, search or seizure in accordance with a
warrant or executing a design and public recognizance, the member of the
concerned Village Development Committee or Municipality,74 Talukdar
and local gentleperson, as well, shall render all such assistance as required
to serve the process, by searching, showing and identifying the house of
the concerned person, and witness and sign the service where so is
required. One who fails to do so shall be liable to a fine not exceeding One
Hundred Rupees. If any one gets any false statement to be recorded or gets
a process to be served falsely or executes a false deed of recognizance or
72 Inserted by the Third Amendment.
73 Amended by the Seventh Amendment.
74 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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makes obstruction in the discharge of any such act or tears, wipes out any
summons, subpoena, process, time-limit or notice as affixed or assists the
person to be arrested as per the warrant in escaping or going away or hides
such person or does not render assistance in his or her arrest or if the
process server does not serve it with mala fide intention, such person shall
be liable to punishment with a fine not exceeding one thousand rupees or
imprisonment for a term not exceeding fifteen days or with both
punishments.
Number 112. In issuing a summons, subpoena, process, time-limit or notice to a person
whose house or address is not known, it shall be posted at his or her
village, town or street, if any, mentioned, and at a conspicuous place near
the office if even his or her village, town or street is not found out.
Number 113. Where the office has to serve a summons, subpoena, process, time-limit or
notice in any place outside its jurisdiction, the office shall send the same,
accompanied by its process, to the proper office in that jurisdiction. The
office in that jurisdiction shall duly serve it in accordance with Number
110 of this Chapter.
Number 113A.75 Notwithstanding anything contained in Number 113 of this Chapter, if
an application is made for the service of process by the office where the
case has been filed, stating that even though the place in question falls
under the jurisdiction of another office, it is convenient for the office
where the case has been filed, that office shall, if it deems reasonable,
order to serve such a process as if it were to be served within its
jurisdiction.
Number 114. ……………..76
Number 115.77 A witness who does not appear on the date fixed for examination of
evidence shall be eliminated. Provided that in relation to a witness who
75 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
76 Repealed by the Third Amendment.
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71
has to be inquired or examined in a case in which the Government of
Nepal is plaintiff or in a criminal case, that witness may be examined by
issuing a subpoena. The witness who fails to make presence even upon the
issuance of a subpoena as mentioned, except for a reasonable reason, shall
be fined with as sum of fifty rupees and ordered to be arrested, and his or
her deposition shall be recorded when he or she is arrested and produced.
If he or she is not found upon making search for arrest, a subpoena shall
also be issued again, giving a time-limit of Seven days excluding the time
required for journey. If he or she does not make presence even on the date
fixed for presence as per the subpoena, he or she shall be ordered to be
arrested, and his or her deposition shall be recorded when he or she is
arrested and produced, and he or she may be liable to punishment for a
term ranging from Fifteen days to Forty Five days. If he or she cannot be
arrested despite such effort, the case shall be adjudged based on the
examined evidence, subject to imposition of the punishment on such
person.
Number 116. While arresting a person to be arrested by issuing a warrant and the
accused of a case relating to arms and ammunitions, and entering into a
house, such person or accused may be arrested, entering into the house at
any time by blocking the passage so that the person to be arrested cannot
go away or escape, and giving information thereof. In arresting any person
other than that mentioned may be arrested by going up to the court yard of
house. If such a person cannot be arrested upon going up to that place,
arrest can be made entering into the house after sunrise and before sunset,
by giving information to that effect.
Number 117. While arresting a woman, the office having any woman police person shall
send such woman police person and the office which does not have such
woman police person shall send two police persons to call her to make
presence. A man shall not arrest her by catching her. If she refuses to
77 Amended by the Third Amendment.
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make presence and makes a standstill, then she may be carried by catching
her wrist.
Number 118.78 The following cases shall be tried in accordance with the following
provisions in relation to the persons involved in such cases:
……………….……………179
If, based on the evidence available for the time being, any person accused
of the following offence appears to have been guilty of the offence or
there are reasonable grounds based on such evidence to believe that such
person has been guilty of the offence, the office shall, unless proved to the
contrary, try the case by holding the accused in
detention……………………….2
80……An offence punishable with imprisonment for life……….1
An offence instituted on being the Government of Nepal as plaintiff and
punishable with imprisonment for a term of Three years or
more…………………………………………………..1
An offence of attempt to, abetment of, or criminal conspiracy to commit,
or being accomplice to, the offence mentioned above…….1
If, based on the evidence available for the time being, there are reasonable
grounds to believe that any accused charged with an offence punishable
with imprisonment for a term of Six months or more has no permanent
abode in Nepal has been guilty of the offence, the office shall try the case
by holding the accused in detention ……………………………3
Notwithstanding anything contained in sections 2 and 3 above, if the
office holds that it is not justifiable to hold in detention any accused
because of the accused being a minor or infirm due to physical or mental
disease, the office may release the accused on bail or security (surety). If,
in consideration of the circumstances of the commission of the offence,
78 Amended by the Ninth Amendment.
79 Deleted by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
80 Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
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the age of the accused, physical or mental condition, and previous
behavior of the accused, the office does not think it justifiable to hold the
accused in detention, the office may release the accused on bail or security
(surety), with the exception of an accused charged with …………….81 an
offense punishable with imprisonment for life or an offence of attempt to,
abetment of, or criminal conspiracy to commit, or being accomplice to,
that offence……………………….4
Except as otherwise provided in section 2 or 3 above, the office shall try
the case by taking a bail or security from the accused if there are
reasonable grounds, based on the evidence available subsequently, to
believe that the accused has been guilty of the
offence………………………………………….5
If there are reasonable grounds, based on the evidence available
subsequently, to believe that an accused, who has not been held in
detention nor a bail or security has been taken from him or her, has been
guilty of the offense, the office may, irrespective of the stage of case, hold
the accused in detention or, as the case may be, take a bail or security from
him or her, in accordance with sections 2, 3 or 5 above. The court shall not
be deemed to be barred from holding the accused in detention or taking a
bail or security from him or her as mentioned above by the reason only
that the accused was not held in detention or a bail or security was not
taken from him or her originally…………………………6
If there are reasonable grounds, based on the evidence available
subsequently, to believe that the accused, who has been held in detention
in accordance with sections 2, 3, 8 or 9, is not guilty of the offence, the
office may release him or her from detention, irrespective of the stage of
proceedings of the case……………………..7
The office shall try the case by holding in detention the accused who
furnish such bail or security as demanded by the office pursuant to this
81 Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
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Number………………………………………..8
Where it appears subsequently that the bail or security taken from any
accused is insufficient, the office may demand additional bail or security
from the accused, and if the accused fails to furnish the additional bail or
security so demanded, the office may hold the accused in
detention………………………..9
The amount of a bail or security to be taken pursuant to various sections
above shall be fixed, having regard to the following matters:
The nature of offence………………………1
The economic and family condition of the accused or the
offender…………………….1
The age of the accused or the offender, and whether he or she was
previously convicted of any offence and sentenced for the same or
not………………….1
The amount of compensation to be borne by him or her……1
If any party to the case makes a petition to the appealing hearing office
showing the reasons that the amount of a bail or security demanded from
any person under various sections above is lesser or excessive, the appeal
hearing office may increase or decrease the amount of such bail or
security……………………………….11
Number 119.82 Notwithstanding anything contained in the foregoing in this Chapter, no
accused shall, in any circumstance, be held in detention for a period
exceeding the maximum term of the punishment of imprisonment than can
be imposed on that accused if the charge made against the accused is
proved.
Number 120. Such punishment of fine or imprisonment as may be held imposable by
judgment on a person held in detention for trial shall be realized or
recovered from the person upon deducting the figure of fine already paid
82 Amended by the Ninth Amendment.
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by him or her or the term of detention in which he or she has been so held
from the amount of such fine or term of imprisonment.
Number 121. 83 Where any person has to be held in detention for any reason whatsoever
in relation to a case, the person shall not be held in detention unless and
until a warrant for detention, accompanied by the reasons for holding in
detention and the section or number of the law under which the person is
to be held in detention, is given to the person pursuant to be held in
detention. The appeal hearing office may, despite that no application is
made by the concerned party, inquire into whether the detention is illegal
or undue or not and issue any appropriate order in accordance with law if
the detention seems to be illegal or undue.
Number 122. If, in a case where some person is held in detention and some person is on
bail, security or recognizance or absconding, it takes time to mature the
case in accordance with law in the case of a person who is not held in
detention, and while taking action simultaneously, it does not seem that, in
the case of the person held in detention, the case can be disposed within
the stipulated time as set forth in law from the date on which the person is
held in detention, the court may dispose the case only in relation to the
person held in detention, by examining any matter whatever required to be
examined. The person shall not be held in detention for no reason, without
disposing the case in relation to one in whose respect it can be so
disposed.
Number 123.84 If the case is not disposed within One year from the date of the day fixed,
for the first time, for examining evidence in relation to any accused held in
detention for action/proceeding in accordance with this Chapter, the case
shall be tried by releasing such accused on bail or security if such accused
has been held in detention pursuant to section 2 of Number 118 of this
Chapter and releasing him or her without taking any bail or security if he
or she has been held in detention pursuant to section 8 or 9 of the said
83 Amended by the Ninth Amendment.
84 Amended by the Ninth Amendment.
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Number. Provided that the provision of this Number shall not apply to any
accused charged with any offense punishable by imprisonment for a term
of Five years or more or ………..85 by imprisonment for life, and the
office may, if it so considers reasonable, try the case by holding the
recidivist in detention.
Number 124.86 In the event that a person who is required to appear at such place and time
as specified by the office fails to so appear, the bail furnished by the
person in relation thereto shall be forfeited, and where a security/guarantee
has been furnished by him or her, the amount of security/guarantee shall
be recovered in accordance with the bond executed pursuant to Number
124A. of this Chapter. Provided that if such person shows a reasonable
reason for his or her failing to appear, the office may not make such
forfeiture or recovery.
Number 124A.87 While taking a bail from any person pursuant to Number 118 of this
Chapter, the office shall cause a bond to be executed by such person,
containing a condition that the amount of bail shall be forfeited if such
person fails to make presence at the time and place specified by the
office…………………………..1
While taking security pursuant to Number 118 of this Chapter, the office
shall fix the amount of security and take security of property equal to such
amount. Where a person required to furnish a security furnishes the
security of his or her property, the office shall cause a bond to be executed
by such person containing a condition that the amount of security shall be
recovered from that property so furnished as security or from any other
property belonging to him or her if he or she fails to make present at such
time and place as specified by the office. If another person furnishes his or
her property as a security for such person, the court shall cause a separate
bond to be executed by that other person, containing a condition that if
85 Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
86 Amended by the Ninth Amendment.
87 Inserted by the Ninth Amendment.
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that person fails to make presence of the person at such place and time as
specified by the office, the amount of that security shall be recovered from
the property so furnished as security or from any other property belonging
to that other person (guarantor)…………………………..2
If a person who is required to furnish a bail or security is a minor, the
bond required to be made by that person pursuant to section 1 or 2 above
shall be executed by his or her guardian on behalf of him or
her…………………………3
Number 124B.88 Except as provided otherwise in this Act (Code) or other laws in force,
where any bail or security has been taken from any person in the course of
investigation, the bail or security so furnished shall be returned or released
upon the conclusion of investigation. The office shall return or release the
bail or security taken by it in the course of proceeding of a case upon the
adjudication of the case.
Number 124C.89 While holding any accused in custody, releasing any accused held in
custody or taking a bail or security from any accused, the office shall
execute a memorandum to that effect, accompanied by the reason for the
same. The accused who is not satisfied with the memorandum may make
an application to the appeal hearing office. Such an application shall be
decided no later than thirty days.
Number 125. In relation to a person released on bail or security, the bail, if any,
remaining upon deducting from it any such amount as may be recovered
from him or her pursuant to the judgment shall be returned, and the bond
of security/guarantee shall be deemed to be ipso facto revoked.
Number 126. Any person who files a suit accusing any person of a criminal offense or
gives report or information of any offense to the police for institution of
proceeding on such accusation shall not be held in detention nor shall such
88 Inserted by the Ninth Amendment.
89 Inserted by the Ninth Amendment.
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person be asked to furnish a bail of security for investigation or trial by the
reason only that the person has so filed or given the suit or report.
Number 127. All documents relating to the accusation made against the defendant, on a
criminal case instituted by the Government of Nepal as plaintiff, who has
been arrested or has made presence voluntarily, shall be read out and
meanings and consequences thereof stated to the defendant, and if the
defendant confesses the offense, his or her deposition shall be taken
summarily at the same time; and if the defendant denies the offense, the
chief of office may, at his or her discretion, take deposition of the
defendant summarily, and if the chief considers that it is necessary to
provide the defendant with an opportunity to file a statement of defense
indicating the reason for accusation against him or her, and accompanied
by the proof and evidence, the chief may give the time-limit of a
maximum of seven days to the defendant for filing such statement of
defense in accordance with law; and the case shall be tried and disposed
consequent upon the statement of defense, if any, filed by the defendant
within the time-limit and upon statements and replies by the defendant in
response to the questions asked by the office itself on the following day of
the expiration of the time-limit if the defendant fails to file the statement
of defense.
Number 128. A statement of defense which is in the format as referred to in this
Number and contains only the required replies to the matters of claims
made by the plaintiff for settlement shall be entertained. A statement of
defense which contains unnecessary matters in the case shall not be
entertained.
Statement of defense
The defendant sets out the following matters in the case of plaint, bearing
such-and-such number, filed by such-and-such person, age of
approximately …..years, a resident of …….place, …………village of
such-and-such district, against the defendant or the defendant is not
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required to pay and provide such-and-such for such-and-such reason, has
not done such-and-such act. The defendant prays the justice be done in
accordance with law. The defendant shall bear and pay according to law if
the contents set herein are proved to be false (the matters and facts have to
be set down in separate paragraphs).
Evidence of this matter:
Witness:
Eye witness:
Such-and-such person, age of approximately…..years, a resident of
…….place, …………village of such-and-such district or whose name is
not known………………..
Hearsay evidence:
Such-and-such person, age of approximately…..years, a resident of
…….place, …………village of such-and-such district or whose name is
not known………………..
Document:
The documents with such-and-such details of such-and-such date is in
such-and-such place.
I, such-and-such person, age of such-and-such years, son, daughter,
husband or wife of such-and-such person,90 born in …….place,
…………village of such-and-such district, and a resident of…….place,
…………village of such-and-such district, have filed it in such-and-such
office. (The statement maker has to be caused to sign and seal it).
Done on …………day,……..of the year 20……
Number 129. If a litigant on which a summons, subpoena or process has been served
appears to file a statement of defense or make deposition on any day
90 Amended by the Strengthening Republic and Some Nepal Acts Amendment Act, 2063.
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within the specified time-limit, such statement of defense or deposition
shall be taken or recorded immediately on such day.
Number 130. If a statement of defense is presented within the time-limit and only the
address is incorrect or the age is not set out, the same shall be set out in a
separate paper; and if letters are repeated or the statement of defense is not
in the specified format, the remarks shall be set down in the margin of the
statement of defense, and be caused to be signed and sealed by the litigant;
and the same shall also be set down in the head of the statement of defense
and be signed by the chief of office.
Number 131. ………….91
Number 132. In a case to be tried summarily, other than a case to be tried upon taking a
plaint and a statement of defense pursuant to law, the case trying office
shall ask the plaintiff and the defendant any matters whatever required and
record their replies or statements, along with evidence, and try and dispose
the case accordingly.
Number 133. The chief of office may, at any time, ask a litigant such reasonable matter
as required to be asked and cause a deed to be executed by the litigant.
Number 134. In relation to any accusation against a woman, the office shall not inquire
her into any matter in such a funny or jokey manner as may be
unreasonable.
Number 135. ………………….92
Number 136. In executing a deed of recognizance or a deed of crime scene or
investigation on time, the deed shall be executed in presence of and by the
accused who are found in that place, as far as possible.
Number 137. Evidence shall not be examined or adduced prior to the filing of a
statement of defense or prior to the occurrence of situation where the
statement of defense cannot be made in a civil case, other than civil case
91 Repealed by the Third Amendment.
92 Repealed by the Third Amendment.
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in which the Government of Nepal is plaintiff and public inquiry has to be
made immediately on the spot, and prior to the taking of the deposition or
the statement of defense or prior to the occurrence of situation where the
deposition or statement of defense cannot be taken or entertained in a
criminal case.
Number 138. ……………93
Number 139. If it appears that the case cannot be disposed without inquiring into the
persons referred to in the main statements by the plaintiff and the
defendant, the office may so inquire them as good as evidence. If, upon
such inquiry, any person seems to be such a principal person as the
defendant, the office shall take deposition of that person, setting out the
evidence, as if he or she were the defendant, shall keep him or her on bond
to make presence on the date fixed for making presence as if he or she
were the principal person, and adjudge the case also examining the
evidence adduced by him or her and by taking his or her deposition, to the
greatest extent, if he or she seems only to be an evidence.
Number 140. For the examination of evidence of both parties and evidence available in
the office, as well, no delay shall, except for a reasonable cause, be made
in excess of seven days after the date of filing of the statement of defense,
if any filed, and after the date of expiration of the date fixed for
examination of evidence ex parte where ex parte has to be made owing to
the failure to file a statement of defense within the date fixed for the same.
Number 141. The office in which the case is filed shall subpoena any eye witness of the
commission of offense in a case relating to …………………94 state affairs
or homicide and take his or her deposition. The chief of office shall, at his
or her discretion, subpoena any such hear-say witness, other than the eye
witness, and witness in the other cases, as may required to produce him or
her before the office and take deposition, and inquire such witness living
93 Repealed by the Third Amendment.
94 Deleted by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
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very far as may not be required to produce before the office and take
deposition, by way of a letter rogatory through the nearby office.
Number 142. If it is necessary to take down the evidence of a witness who being aged
and seriously ill but sound is not able to appear before the court, the chief
of office himself or herself may proceed to or send the employee of the
highest rank subordinate to him or her to such witness's house, and the
evidence of such witness shall be taken down by the chief or by such
employee, as the case may, in the form of deposition.
Number 143.95 In fixing the date for examining the witnesses or publicly inquired persons
set forth in the plaint or the statement of defense, the same date shall be
synchronized and fixed also for the litigants. The witnesses or publicly
inquired persons shall be examined in the presence of the litigants. Where
a litigant is not present, a witness may be examined despite the absence of
the litigant.
Number 144. 96 The parties of a case shall themselves cause the presence of their
respective witnesses set forth in the plaint and the statement of defense on
the date fixed by the office. If any party is not able to cause such presence,
such a witness shall not be examined subsequently except in cases as
referred to in Number 115 of this Chapter. Provided that if an accused who
is held in detention for trial makes an application for the examination of a
witness, whom the accused wishes to produce, by the office itself by
summoning him or her, the office may examine such a witness by issuing
a summons to such a witness, by collecting the summons fee a the rate of
five rupees per witness.
Number 144A.97 Notwithstanding anything contained in Number 144 of this Chapter,
where a party is not able to cause the presence of his or her witness on the
date fixed by the office as a result of the closure of the route due to flood,
95 Amended by the Tenth Amendment.
96 Amended by the Tenth Amendment.
97 Inserted by the Court Management and Administration of Justice Related Some Nepal Acts Amendment
Act, 2058.
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landslide or snow or declaration of a curfew or non-operation of means of
transport for any other reason or occurrence of a natural calamity such as
earthquake and makes presence in the office within ten days, excluding the
time required for journey, after the date of clearance of route or operation
of means of transport or of the occurrence of the natural calamity and
makes an application, accompanied by the reason, and by an evidence
issued by the concerned Village Development Committee or Municipality
or government office setting out the happening or occurrence of such
event, for the fixation of another date for the examination of witness and
examine the witness, the office shall fix another date and examine the
witness.
Number 145. …………..98
Number 146. The evidence of witnesses of all cases shall, as far as possible, be taken in
deposition on the date fixed for the examination of witnesses of the cases.
If it is no possible to take evidence of witness of such cases, the witnesses
of a case whose evidence can be taken on that day shall be examined on
that day, and the following day shall be fixed for examination of the
witnesses of the other cases. Except where it is not possible to take
evidence of witnesses in deposition, there shall not be taken evidence of
some witnesses of the same case today and of some witnesses tomorrow
and of some the day after tomorrow.
Number 147. In taking down evidence or deposition, one who is setting in the bench
shall himself or herself take down the evidence or deposition; and in doing
so, there may be obtained necessary assistance of an employee of at least
Mukhiya, Bicharai level (junior clerks) serving in the office.
Number 148. …………………..99
Number 149. …………………..100
98 Repealed by the Tenth Amendment.
99 Repealed by the Evidence Act, 2031.
100 Repealed by the Evidence Act, 2031.
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Number 150. In taking deposition of a witness, the witness shall first be told to make
statements truly and accurately with honesty and sense of duty and
reminded of that such-and-such punishment may be imposed if he or she
makes false statements in that case, and the evidence of the witness shall
then be recorded in deposition or letter rogatory, as the case may be, in the
specified format, by asking such interrogatories as may be required and
reasonable, and taking down answers in the cases/issues.
Number 151. ……………………..101
Number 152. Format of deposition of witness.
Deposition made with honesty and sense of duty by witness of plaintiff or
defendant or such-and-such-person in such-and-such position before the
bench of such-and-such, chief of such-and-such office, such-and-such
place, such-and-such district ……………………………
Question: What is your father's, mother's
name, and your guardian's name if your
father, mother are not alive,102 and your
name, surname, age, occupation? Where is
your house?………………1
Answer: Take down
whatever the witness
tells………..1
Question: Are you acquaintance with both
litigants? Do you have any transaction,
relation, hostility or dispute with
them?....................2
Answer: Take down
whatever the witness
tells………..2
Question: Have you ever been punished for
making a false statement?…………3
Answer: Take down
whatever the witness
tells………..3
101 Repealed by the Evidence Act, 2031.
102 Amended by the Gender equality Maintaining and Some Nepal Acts Amendment Act, 2063.
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Question: Such-and-such has filed a suit of
this case against such-and-such or such-andsuch
has been arrested for such-and-such
matter. Please make deposition setting out
whatever you have seen, witnessed or heard
on the matter (or the chief of office may take
down replies or answers on such other
matters as he or she thinks necessary at his or
her discretion)………………4
Answer: Take down
whatever the witness
tells………..4
Such questions as may be required shall be put to the witness in such
manner and his or her answers to the questions shall be taken down.
Number 153. ……………..103
Number 154. After taking down the answers to all such questions put to a witness as
may be required, the witness shall be asked whether he or she has any
thing else to state on that matter and whether your deposition and the
matters set forth in the deposition are correct or not, and the answers
whatever are made by the witness to the questions shall also be taken
down.
Number 155. After taking down all questions and answers, there shall be so written at
the end of the answers the name of the witness that no other letters can be
inserted there, and the witness shall be caused to sign there and also each
margin and joint thereof. The bottom shall be dated, margin and joint
stamped with the seal of office and the top/head and bottom, margin and
joint shall also be signed by the chief of office.
Number 156. In taking down deposition of a witness, there shall be set down at the
bottom of the deposition of the witness that it sets down correctly as stated
by the witness, and be caused to be signed by the litigant whom the
103 Repealed by the Evidence Act, 2031.
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witness belongs to if the litigant is in presence while taking down the
deposition, and, failing such litigant's presence, by any litigant who is in
presence. If both litigants are not present or any litigant refuses to sign, the
chief of office shall sign the same, setting down the remarks to that effect.
Number 157. In taking down statements of a litigant, such statements shall be taken
down by putting questions to him or her and recording his or her answers
to such questions in the same manner as in the case of deposition. It is not
necessary to set down that he or she has made statements with honesty and
duty, and to ask whether he or she has any thing else to state.
Number 158.104 In taking down statements and deposition, the issues shall be broken
down, cases separated, short questions put to, and taken down the
questions put, and answers to such questions.
Number 159. In executing any document including the matters required to be asked by
the office to a litigant or witness, if the litigant or witness does not give
answers at all or refuses to sign the answers given by him or her, the
document shall be signed by the chief of office and by one employee of
the highest class subordinate to the chief of office and be put on the
records.
Number 160. Where the office cannot itself take down deposition or letter rogatory of a
witness of a litigant who may not be subpoenaed to make presence in the
office or who lives very far and such deposition or letter rogatory has to be
taken down by serving it through another office, the letter rogatory
containing such interrogatories as may be required to be made shall be
written in the specified format, with the head being signed by the chief of
office and bearing the seal of the office; and it shall be forwarded to the
office to and through which it has to be sent and answers taken down, with
a request that the letter rogatory be served within so and so days in
accordance with the requirements of law and sent back to that office, and
such time-limit as may be reasonable shall be given for such service.
104 Amended by the Ninth Amendment.
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Number 161. Format of letter rogatory.
Letter rogatory of such-and-such litigant, witness or person in such-andsuch
other position, of such-and-such date, issued by such-and-such, chief
of such-and-such office……………………………
Plaintiff: Such-and-such…. Defendant: Such-and-such…….
Case: such-and-such
Question: What is your father's, mother's
name, and your guardian's name if your
father, mother are not alive,105 and your
name, surname, age, occupation? Where is
your house?………………1
Answer: Take down
whatever the witness
tells………..1
Question: Are you acquaintance with both
litigants? Do you have any transaction,
relation, hostility or dispute with
them?....................2
Answer: Take down
whatever the witness
tells………..2
Question: Have you ever been punished for
making a false statement?…………3
Answer: Take down
whatever the witness
tells………..3
Question: Such-and-such has filed a suit of
this case against such-and-such or such-andsuch
has been arrested for such-and-such
matter. Please make deposition setting out
whatever you have seen, witnessed or heard
on the matter (or the chief of office may take
down replies or answers on such other
matters as he or she thinks necessary at his or
Answer: Take down
whatever the witness
tells………..4
105 Amended by the Gender equality Maintaining and Some Nepal Acts Amendment Act, 2063.
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her discretion)………………4
(Such questions as may be required shall be put to the witness in such
manner. It is not required to make questions such as those set forth in
questions 2 and 3 in the case of a letter rogatory in the name of a litigant.)
Number 162. The office that is required to take down the answers of a letter rogatory
shall summon the presence of the person concerned and take down the
answers to the questions, and also take down answers to such other
questions as may be reasonable and required to be put, and it shall be
signed and cause to be signed upon fulfilling the requirements applicable
to the deposition and be sent back within the specified time-limit. If the
letter rogatory cannot be served since the concerned person who is
required to execute the deed within the time-limit has not made presence,
the letter rogatory, accompanied by the reasons, shall be sent back.
Number 163. Where a civil case contains a witness whose name is not known, such case,
and any case containing a witness who has gone away or disappeared shall
not be taken or received.
Number 164. ………………106
Number 165. ………………107
Number 166. ………………108
Number 167. ………………109
Number 168. ………………110
Number 169. Where a litigant has not mentioned a matter with specification but his or her
witness makes statement adducing sufficient evidence in support of the
106 Repealed by the Evidence Act, 2031.
107 Repealed by the Evidence Act, 2031.
108 Repealed by the Evidence Act, 2031.
109 Repealed by the Evidence Act, 2031.
110 Repealed by the Evidence Act, 2031.
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matter, and it is proved that the statement made and set down by the
witness is false, the witness shall be liable to punishment of imprisonment
for a term ranging from Six months to Two years if the statement made
and set down by the witness results in………111 punishment to the litigant
of imprisonment for life with confiscation of entire property or
imprisonment for life, to punishment of imprisonment for a term ranging
from Three months to One year if such statement results in punishment to
the litigant of imprisonment for a tem of Six years or more or punishment
of confiscation of entire property and that of imprisonment for a term
ranging from Five days to Five months if such statement results in other
imprisonment to the litigant. Where a litigant has mentioned a matter with
specification and any of his or her witnesses makes statement adducing
sufficient evidence in support of the matter, and it is proved that the
statement made and set down by the witness is false, the witness shall be
liable to punishment of a fine of up to Two Thousand Rupees or
imprisonment for a term not exceeding One month or with both
punishments,112 if the statement made and set down by the witness results
in …………..113 punishment to the litigant of imprisonment for life with
confiscation of entire property or imprisonment for life, to punishment of a
fine of up to One Thousand Five Hundred Rupees or imprisonment for a
term not exceeding Twenty days or with both punishments,114 if the
statement made and set down by the witness results in punishment to the
litigant of imprisonment for a term of Six years or more, and to
punishment of a fine of up to One Thousand Rupees or imprisonment for a
term not exceeding Fifteen days or with both punishments,115 if such
statement results in other imprisonment to the litigant. Such witness shall
111 Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
112 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
113 Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
114 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
115 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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be liable to punishment of a fine of up to Seven Hundred Rupees or
imprisonment for a term not exceeding Ten days or with both
punishments116 if such statement results in punishment of fine only to the
litigant, except as set forth above.
Number 170. In realizing punishment imposed on a witness who makes a false statement
pursuant to Number 169 of this Chapter, the punishment shall be claimed
on and recovered from the witness until the time-limit for making appeal
by the losing litigant expires and until final judgment on the case is made
where an appeal is made. The record thereof shall be maintained along
with the details, and punishment imposed by the judgment on the witness
shall be claimed on and recovered from the witness in accordance with
law only when the litigant expires the time-limit for making appeal and
only when the final judgment is handed down where appeal has been
made.
Number 170A.117 In the case of a document that the litigant cannot produce but that is
required for the adjudication of the case and is in the custody of another
person, the office may at any time during the proceeding on the case order
that person to produce that document; and it shall be the duty of that
person, upon receipt of such order, to produce such document before the
office being present in person or through any other person within the
period specified in that order. The office may punish the person who fails
to produce the document as mentioned above or to show any reasonable
reason for such failure to produce it with a fine of up to Five Hundred
Rupees.
Number 171. If it appears that the issue should not be adjudged without making a design
or survey or measurement of some portion of an immovable property, in
making a design or survey or measurement of the thing in dispute, there
shall be fixed a date for both litigants to make presence at the place where
116 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
117 Inserted by the Third Amendment.
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the design or survey or measurement has to be made or a notice of such
date shall be given to the litigants, and the chief of office or one employee
of at least up to Mukhiya or Bichari level, accompanied by a surveyor
where the surveyor is available near the place, shall go to that place and
carry out such inspection, measurement and survey of the house and land
as may be required, in presence also of both litigants, publicly inquired
persons, member or representative of the concerned Village Development
Committee or Municipality118 and Jimidar, Patawari and Talukdar, as far
as possible, draw up the design thereof accurately and precisely if it is so
required, write down in the design document accurately reflecting the
thing the design whereof has to be drawn up, and a remark shall be so set
down at the bottom of the design to the effect that such-and-such and soand-
so matters set down therein above is accurately that the form of the
design can be deciphered from the remark itself , indicating all details of
survey and measurement, if any, carried out, and such remark shall be
caused to be signed by the litigants and all those publicly inquired in
relation thereof and also be the deputed employee, and shall be put on the
record. If the litigants do not show up in the place where such design,
survey or measurement has to be carried out or refuse to sign despite
showing up there or if this is a case in which the litigants have not made
presence on the date fixed for making presence, such design, inspection,
survey or measurement as may be required shall be carried out as
mentioned above in presence of the other persons mentioned above, and a
remark that the litigants have been absent shall be mentioned therein, and
shall be signed by the main employee deputed and by at least one person
out of the members and representatives of the concerned Village
Development Committee or Municipality.119 Any inspection, design,
survey or measurement that fails to meet the requirements as mentioned
above shall not be valid. Any matter other than the remarks clearly
118 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
119 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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reflecting the form of design as mentioned above shall not be set down in
the design.
Number 171A.120 If, in a case involving a movable or immovable property or a claim for
money and involving the issue of title, the party makes an application
praying for an order requiring to maintain the status quo of the immovable
property in dispute and refrain from doing any construction works in the
property or destroying the already existing construction or altering the
physical structure or form thereof, and to make appropriate arrangement
for the use of a movable or immovable property if a dispute has arisen in
relation to such use, to refrain from making payment of such deposits or
money as the defendant is entitled to from any kinds of deposits or
moneys held in any bank, company or other body or causing such payment
or to refrain from transferring the title to such movable or immovable
property by way of conveyance or otherwise, the court may, taking into
consideration of the nature and rationality of the case, issue an order to
withhold such portion of the property in which the plaintiff’s claim seems
to be sustainable or any other appropriate order, pending the filing of the
statement of defense or the disposal of the case.
Number 171B.121 If an application is made praying that any order issued pursuant to
Number 171A. of this Chapter should not be maintained, the office may
consider such application and revoke the previously issued order if such
order is no longer required to be maintained.
Provided that in the case of crops, withholding shall be made by fulfilling
the requirements set forth in Number 10 of the Chapter on Encroachment
of Land.
Number 172. If, in conducting investigation into any criminal offence in which the
Government of Nepal is plaintiff, the police officer of at least sub-
120 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
121 Inserted by the Act Amending Some Nepal Acts Relating to Court Management and Administration of
Justice, 2058.
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inspector of police rank122 has a reasonable ground to believe that any
exhibit or property connected with the offence in relation to which such
investigation is being conducted can be found in any house or other place,
and there is a likelihood that such exhibit or property cannot be obtained if
the search of the house or place is not made immediately, the police
officer may search, or cause to be searched, the house or place in
accordance with the following, setting down clearly the ground on which
he or she has to believe and details of the exhibit or property to be
searched; and upon making search accordingly, the officer shall a copy of
the inventory indicating the reason for making search and the exhibit,
property etc. so searched to the case trying office within Three days after
the making of search:
Where the search of any house or place has to be made, a notice of search,
accompanied by the reason for making search, shall be given to the
owner of the house or place or the person who has taken charge of looking
after such house or place or any other person living in such house or place,
and upon receipt of such a notice, such person shall, without let and
hindrance, allow the police officer appearing to make search to smoothly
enter into the house or place……………1
Where the owner of the house or place to be search pursuant to section 1
above or the person who has taken charge of looking after such house or
place or any other person living in such house or place does not allow the
police officer making search to enter into the house or place as mentioned
above, the police officer shall give a notice and opportunity to the women
staying in that house or place to go out, and may make search by entering
into the house or place by breaking or demolishing inner or outer
windows, doors or locks of such house or place, as
required…………………………..2
122 Amended by the Ninth Amendment.
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In making search of any house or place in accordance with the provisions
set forth in this Number, the provisions made on the entry into the house,
as contained in Number 116 of this Chapter, shall also be
observed……………………………3
In making search of any house or place pursuant to this Number, the
search shall be made in witness also of the member or representative of
the Village Development Committee or Municipality123 in that place, at
least two gentlepersons, owner of the house and his or her one
representative and Jimidar, Talukdar, and Patuwari, as far as they are
available; and the body of all persons in witness of search shall be
searched, and search shall be executed by entering into the house or place
without carrying any thing with them…………..4
If, in making a search pursuant to the foregoing sections, the body of any
person has to be searched in relation to the exhibit or property searched,
such search may also be made, and if the body of a woman has to be so
searched, her body shall be caused to be searched by another woman
whom she trusts in such a manner as not to defame or embarrass
her…………………………………5
There shall be made an inventory setting out all details of the goods or
exhibits found upon making search pursuant to this Number and the place
and condition where such goods or exhibits have been found, which shall
be signed by the officer making search and the witnesses; and a copy of
the inventory, and also a receipt of the exhibits, goods or property, if any,
taken by the police officer into his or her custody, shall be given to the
owner of house or his or her representative……..6
If any person who is required to witness pursuant to section 4 above
refuses to so witness or witnesses but refuses to sign, that person shall be
punished with a fine of up to One Hundred Rupees…………….7
123 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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Number 173. If it is required to identify a person in a case, the person to be identified
shall be held in a place where he or she cannot be seen, and other persons,
at least four persons, whose age, color, dress is similar to that of the
person to be so identified shall be gathered and made similar to the extent
possible, and the person to be so searched shall be mixed with them in a
row, and the persons making identification shall be required to identify
such person severally; and if the person is identified or not identified upon
such procedure, the matter of identification or non-identification, as the
case may be, shall be held on the record.
Number 174. ……………………..124
Number 175.125If, prior to the judgment of a case filed by the following person at the
following work making a claim by virtue of the following work or
against such person in relation to that matter, the worker who has
carried on the following work and been fighting the case from the
beginning expires the date fixed for making presence because of his or
her death or removal from the work, and the successor appointed to
carry on such work makes an application for the continuation of the
claims of the case in which the suit or complaint was made or the
statement of defense was made by the predecessor, within Thirty Five
days, excluding the time required for journey, after the date of
expiration of the date fixed for making presence, the successor shall be
entitled to continue and fight the case of the predecessor on the
following matters not involving any loss or damage upon the judgment
to the predecessor who has been fighting the case since ago. The case
shall be permitted to be continued and dealt with in accordance with
law. If the successor does not apply for such continuation, the case
shall be disposed in accordance with law:
The matter of theft, concealment, encroachment of or on any movable,
immovable property recorded in the inventory of any Rajguthi of
124 Repealed by the Third Amendment.
125 Amended by the Third Amendment.
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taxable land (Raikar) or equivalent to Raiker by a manager, Mahanta,
priest, Talukdar, Jimmawal contractor and Chhutwala responsible for
the affairs of the Rajguthi of Raikar or equivalent to Raiker, and also
by one who uses the house and land ………………………1
The matter of application by the Naike of government amount for the
maintenance of governmental amount………………………..2
The matter of determination of the title and claim by a bank, company
or other body corporate by one who, as its principal person, is
responsible for the day-to-day affairs of the bank, company or body
corporate …………………………….3
Number 176. If a person who is accused of any case dies prior to judgment, the
deceased shall not be liable to punishment. Even in the case continued
by the heir, the person getting continuity of the case shall not be held
to be offender by the reason only that he or she has got such
continuity.
Number 177 . ………126
Number 178. ………127
Number 179.128 If both parties expire the time-limit in a case other than a case in which
the Government of Nepal is plaintiff, the case shall be dismissed after
the expiration of the time-limit within which the expired time-limit can
be extended. For such dismissal, the plaintiff shall be liable to
punishment of a fine equal to Five percent of punishment that can be
imposed on the plaintiff where the matter claimed or alleged by him or
her is not held to be true if examination of evidence has not been made
and Ten percent of such punishment if examination of evidence has
already been made. Subsequent to the dismissal, another suit made by
the same plaintiff against the same defendant on the same matter
126 Repealed by the Evidence Act, 2031.
127 Repealed by the Evidence Act, 2031.
128 Amended by the Tenth Amendment.
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cannot be entertained. In the case of dismissal made unduly, an appeal
can be made within Thirty Five days only to the extent of the matter of
such undue dismissal.
Number 180. Except where a suit or appeal is made in duplication, the suit or appeal
submitted for filing, even in spite of its being ineligible of filing but, is
not returned at that time in accordance with law but is filed by the
office, and subsequently it is held to be dismissible, no punishment
shall be imposed for such dismissal (repeal/rejection). The following
punishment shall be imposed in a case dismissed/repealed in the other
circumstances:
Where a plaint or memorandum of appeal submitted for filing appears
to be capable of being filed and case is proceeded thereupon but the
case seems to be incapable of being proceeded only from the
documents examined or produced subsequently and then the suit is
dismissed/repealed, the plaintiff shall be liable to punishment of a fine
equal to Five percent of punishment that can be imposed on the
plaintiff where the matter claimed or alleged by him or her is not held
to be sustained or proved, and in the case of dismissal/repeal of a
memorandum of appeal, the appellant shall be liable to punishment of
a fine equal to Five percent of punishment that can be imposed on the
appellant where the judgment is held to be sustained………………...1
Where, prior to judgment on a case already filed, a plaint or
memorandum of appeal is filed in duplication in the same case, and the
plaint or appeal filed subsequently is liable to be repealed, the plaint or
appeal so filed subsequently shall be repealed in accordance with law
and one who knowingly files suit or appeal in duplication shall be
liable to punishment of a fine of Twenty Rupees……………………2
Number 181. While imprisoning one in consideration for the fine imposed on the
dismissal or repeal, one shall not be so imprisoned for a term
exceeding Six months.
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Number 182. No compromise can be made on a criminal case in which the
Government of Nepal is plaintiff, on a case of bribery and on a case of
bribery where it appears, from any plaintiff, defendant of any other
case or any document submitted in evidence, that a government
employee has taken or asked for bribery even though the suit of
bribery has not been filed. On all cases other than these, if the litigants
intend to enter into compromise at any stage prior to judgment, they
shall make an application setting down the points of their compromise
to the office where the case has been filed; and if an application is so
made by both litigants, the chief of the office where the case has been
filed shall read out the applications to both parties and make the
meanings and consequences thereof known to them clearly, and if,
thereupon, both parties agree that whatever is set down in the
application with their consent is true and correct, then the chief of the
office shall draw up a deed of compromise corresponding to the
application and read out the deed to the litigants, and the deed shall be
signed by the litigants, by himself or herself and also be stamped with
the seal of the office. Where a compromise is so executed, no
complaint that the party in question is not satisfied with the deed of
compromise shall be entertained except a complaint that the other
party has not complied with the deed of compromise.
Number 183. In executing a deed of compromise on a case capable of being
compromise, there shall be charged the fee for compromise as follows:
In an original case, there shall be charged the fee for compromise at
the rate of One percent of the following figure/amount where no
evidence other than that submitted along with the plaint or statement
of defense has been examined, of Three percent of the following
figure/amount where other evidence has also been examined and of
Five percent of such figure/amount where the case is already matured
for judgment upon examining all evidence set forth in the plaint and
the statement of defense…………………..1
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Where there is evidence of amount in controversy, the figure of
amount claimed by the plaintiff…………………………..1
Where there is no evidence of amount in question and imprisonment is
to be imposed as per the plaintiff's petition, the figure or money to be
set by Forty Five Rupees for each month of the term of imprisonment
that can be so imposed…………….2
Where no imprisonment but only fine is to be imposed, the figure of
the fine………………………3
In an appeal level case, a sum of Two Hundred Rupees129 shall be
charged as the fee for compromise. If a sum of money to be set by
Forty Five Rupees for each month of the term of imprisonment
imposed by the judgment of lower level is paid, the same shall be
collected and the record of imprisonment shall be crossed
off……...............................................2
In collecting the fee for compromise chargeable pursuant to Sections 1
and 2 above, the fee shall be collected from both parties on pro rata
basis……………………………..3
Number 184. Where a deed of compromise is so executed by the office that any
party has to do or cause to be done acts such as to make appearance
before any office for effecting registration or transmission or transfer
or making payment of money required to be paid, the office executing
the compromise shall give the intimation of that compromise to the
office effecting the acts pursuant to the compromise, not later than
Five days of the execution of compromise. If an application is made to
have the acts effected accordingly, within the time limit as referred to
in Number 44 of the Chapter on Punishment, that office shall also do
in accordance with the deed of compromise and law.
129 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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Number 184A.130 On the date fixed for the litigants to make presence after the
submission of the statement of defense, the plaint, the statement of
defense and all documents produced shall be inspected/examined in
presence of both parties and shown to them, and the plaintiff and the
defendant shall also be inquired into the necessary matters, and the
office shall consider whether both parties agree or disagree thereon,
and read out the decision immediately if they so agree. If it appears
that both parties disagree partly or wholly, there shall be executed a
memorandum clearly setting down the matters on which they so
disagree and judgment is to be made and proofs, evidence to be
examined in respect thereof, and an order shall be passed for the
procurement of the proofs, evidence and the date for the examination
of the proofs, evidence shall also be fixed. The office shall carry out
proceedings pursuant to Number 78 of this Chapter on the date fixed
for the examination of evidence.
Number 185.131 After having examined such evidence as held to be examined by the
office in accordance with Number 184A. of this Chapter, the office
shall fix the date for holding discussions on the case, and discussions
shall be held with and between those litigants who are present on the
date so fixed, the pleading in writing, if any, furnished by any litigants
shall also be received and entered on the record, punishment to be
imposable on both parties shall be decreed and read out to them, and
the verdict so decreed shall be set down in the verdict book on the
same day, and signed by the competent person empowered to make
decree and also by the litigants who are so present. After the verdict
has been decreed, no delay of more than seven days shall be made to
write down judgment except for a reasonable cause. In writing a
judgment, the office shall set down separately and in separate
paragraphs the matters including short description of the case, matter
130 Inserted by the Third Amendment.
131 Amended by the Ninth Amendment.
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on which litigants disagree and thus to be adjudged, main points of the
pleading, if any, made by any litigant or legal practitioner on that
matter, the verdict of the office on that matter and grounds therefor,
and relevant laws. If, after examining the evidences as mentioned
above, it is not possible to dispose the case on the same day for the
reason that it is necessary to carry out further study or consideration of
the case in view of its complexity or that it takes more time to form
opinion or make decree by two or more adjudicators upon holding
mutual discussions where the case has been heard or tried by a bench
comprising of such adjudicators, a memorandum, accompanied by the
reason for the same, shall be executed and another date fixed for the
disposal of the case. If, for any reason, it is not possible to fix another
date for disposing a case indefinitely, proceedings as referred to in
Number 15 of this Chapter shall also be carried out; and where the
procedures including the examination of evidences have been
completed in relation to the case and the party do not want to remain
on recognizance, a deed shall be cause to be executed by the party
covenanting that the or she will make presence subsequently upon
receipt by him or her of a notice or subpoena issued by the office to
that effect and also indicating his or her address where the notice or
subpoena is to be issued to, and the party shall be exempted from the
requirement to make presence on the dates fixed for the same.
Number 185A.132 Where the litigant of one side, as specified by the office, is present, the
office shall try and dispose the case in accordance with the following not
later than Fifteen days after the expiration of the expired time-limit or
the time-limit for the extension of the expired date fixed for making
presence:
Where the plaintiff is present but the defendant is not present, all the
proofs and evidences of the plaintiff shall be examined and the case
132 Inserted by the Third Amendment.
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adjudged on the basis of the evaluation of all proofs and evidences of the
plaintiff and the defendant on the record………………….1
Where the defendant is present but the plaintiff is not present in a case
other than a case in which the Government of Nepal is plaintiff, and it
seems or is held, from the statement of defense and other evidences on
the record, that the defendant has admitted the plaintiff's claims wholly
or partly, the case shall be so adjudged as to pass a decree or verdict to
that extent and to dismiss it to the extent of such non-admission……..2
In a case that is partly or wholly dismissed pursuant to section 2 above,
it shall be dealt with in accordance with Number 179 of this Chapter as
if it were dismissed wholly. In the case of the punishment for causing
dismissal, such punishment shall be imposed only according to the
extent of claims as so dismissed………3
Number 185B.133 Where in a case containing several plaintiffs or several defendants, all
of them are not present but one or more than one of each side is or are
present, it is not required to wait for the disposal of case until the others
make presence. The case shall be adjudged in accordance with law even
in the case of those who are absent as if they were also present.
Number 186.134 Judgment in a case involving punishment of imprisonment for life with
confiscation of entire property …………….135 or that of imprisonment
for life or a case required to be referred/submitted for confirmation in
accordance with the laws in force shall be referred or submitted by the
office for confirmation and such judgment shall be as confirmed by the
competent court, and judgment in the other cases shall be made by
fulfilling the procedures as required to be fulfilled by the office itself in
accordance with law.
133 Inserted by the Third Amendment.
134 Amended by the Ninth Amendment.
135 Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
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Number 187. ………………….136
Number 188. Despite confession by the accused in a case involving punishment of
imprisonment for life with confiscation of entire property…….137 or of
imprisonment for life pursuant to law, where the adjudging chief of
office has a ground to suspect that it might be an accident, or in view of
the circumstance of commission of the offense, the punishment as
referred to in law will, in his or her view, be so severe if it is imposed on
the accused and lesser punishment should be imposed on him or her,
then the chief of office shall determine the punishment imposable by
law, and explicitly set down in the reference memorandum such opinion
as he or she has made, along with the reason for the same, and judgment
shall be referred accordingly. Even the authority making final verdict
may also determine punishment that is lesser than that specified by law
if the authority also holds such opinion.
Number 189. In making a judgment, the judgment shall be made by setting it down in
the format as referred to in this Number.
Format of original judgment
Judgment (or reference judgment) made by such-and-such,
chief of such-and-such office
Diary number…. of the year 20…
Case: such-and-such.
Plaintiff's name, surname and
address……………
Plaintiff's witness ………..
Such-and-such…………
Defendant's name, surname and
address ………
Defendant's witness……….
Such-and-such………
136 Repealed by the Ninth Amendment.
137 Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
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Such-and-such………… Such-and-such…………
Document…………..
Such-and-such…………
Such-and-such…………
Document…………..
Such-and-such…………
Such-and-such…………
Examined by the office
Witness………..
Such-and-such…………
Such-and-such…………
Documents
Such-and-such…………
Such-and-such…………
(The names of all witnesses and documents shall be mentioned in this
manner).
Whereas, upon examining all documents of this case, it appears that the
plaintiff has claimed such-and-such, and the defendant has stated suchand-
such or such-and-such has occurred due to such-and-such reason,
and whereas, such-and-such evidences are available;
Now, therefore, such-and-such is held as such in view of such-and-such
circumstance, proofs and evidence and pursuant to such-and-such law. I
have made this judgment by holding such-and-such by virtue of suchand-
such law. Done on…..day,……of the month of…… of the year
20…..
Format of appeal judgment
Appeal judgment (or reference judgment) made by such-and-such,
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chief of such-and-such office
Diary number…. of the year 20…
Appellant's (Plaintiff's)
(Defendant's) name, surname and
address……………
Respondent's (Plaintiff's)
(Defendant's) name, surname
and address ………
Case: such-and-such.
Whereas, in this case, the plaintiff claims such-and-such and the
defendant maintains such-and-such, and an appeal has been made by
such-and-such against the judgment made by such-and-such office of
first instance upon such-and-such evidences at such-and-such date;
Now, therefore, such-and-such is held in this case in view of such-andsuch
evidence and pursuant to such-and-such law. Done on…..day
…………of the month of…… of the year 20…..
Number 190.138 Out of the accused of a case in which warrant can be issued, judgment
shall be made as whatever is held upon examining whatever is required
in the case of the accused who has filed a statement of defense or made a
deposition in the case trying office or in the case of the accused who has
once made presence in the office but has gone away despite that such
accused has not filed a statement of defense or made a deposition.
In the case of the accused who has not made presence in the office, the
available witness, evidence shall be examined and public inquiry made,
and if such accused fails to make presence or is not arrested even within
Six months139 after the issuance of warrant, then the case shall be so
postponed that it shall be proceed and tried in accordance with law as
and when such accused makes presence or is arrested; and even though
the accused of the case so postponed is not found or fails to make
138 Amended by the Fifth Amendment.
139 Amended by the Ninth Amendment.
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presence, the case shall be proceeded, tried and adjudged upon the
evidence as examined after the completion of Two years of the
attachment to the partition share140 of that accused.
Number 191. If, in a case postponed, the other persons, except one the absence of
whom has resulted in the postponement, make presence, those who are
held in detention and on recognizance for trial until the absent defendant
is arrested shall not be so continued to be in detention and on
recognizance irrespective of whether the arrested defendant confesses or
denies the allegation. Even if the absent person is not arrested and
produced even until the period of detention equal to such term of
imprisonment as may be imposable if the detained accused is held guilty
of offense or even if such person is arrested and produced but the case is
not matured for judgment, such person shall be released immediately
when the punishment imposable on him or her is served; and if the
absent person is arrested and the case is not matured for judgment and
the present person has to be released on recognizance for trial, such
person has to be released on recognizance, and if the absent person is not
arrested and produced or fails to make presence, the date for making
presence by the person released from detention and by the person
already on recognizance shall be fixed and such persons shall be
released accordingly, upon a deed being executed by such persons
covenanting that they shall make presence as and when they receive a
notice from the office to that effect. If, after the absent person is arrested
or makes presence voluntarily, it is necessary also to subpoena the
persons who were so released from detention or released on
recognizance previously, they may be subpoenaed and examined and
held on recognizance as and when so required.
Number 192. In adjudging any case, other than a case in which warrant is issued or a
case which is to be postponed under the Chapter on Theft and the
140 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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accused whereof is not arrested and produced in the office, judgment
shall not be made so that some matters, out of the matters required to be
settled from the same case-file, are kept pending for subsequent
examination and judgment.
Number 193. After the office passes judgment on a case, it shall read out the judgment
to the litigants present, state whether an appeal can be made against the
judgment or not and the name of appeal hearing office if appeal can be so
made, and cause a deed to be executed by the litigants to the effect that
they have heard the same. If a litigant is not present, a process/notice shall
be issued to the litigant not later than three days after the judgment has
been passed, stating that such and so punishment has been imposed on him
because such and so matter has been held in relation to the case and setting
out the name of the appeal hearing office if the judgment is appealable.
The litigant of an appealable case may make an appeal against the
judgment on the matters with which the litigant is not satisfied within
Thirty Five days after the date of hearing the judgment where the litigant
has been present and heard the judgment and after the date of service of
the process/notice where the process/notice has been so served because of
the litigant's absence; and no appeal shall lie after the expiration of the
said time-limit.
Number 193A. 141 No appeal or petition equivalent to complaint shall lie against the
judgment or final order on a civil case unless and until the evidence of
payment of such fees and court fees as may be chargeable by law is
produced. Even if such appeal or petition has been filed or registered, it
shall be voided. Provided that where an appeal or petition has been filed
subject to the collection of such court fees as may be determined
subsequently at the time of making judgment on the case pursuant to the
Nepal Court Fees Act, 2017, the appeal or petition shall not be so voided
by the reason only of non-payment of the court fees………..……….1
141 Inserted by the Tenth Amendment.
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Where judgment is so made as to impose punishment on the defendant
in a criminal case, no appeal or petition equivalent to complaint shall lie
against the judgment unless the following provisions are observed
………………………….2
No appeal or petition equivalent to complaint by a person sentenced to
punishment by a judgment shall lie against the judgment unless an
evidence issued by the concerned prison that the person is in
imprisonment according to the judgment is produced …………… 1
No appeal or petition equivalent to complaint by a person sentenced to
fine by a judgment shall lie against the judgment unless an evidence of
the payment of the fine or the deposit of wealth bail in consideration for
the fine by that person according to the judgment is produced
…………… 2
Notwithstanding anything contained in Sections 1 and 2 above, the
matters set forth in Number 194 of this Chapter shall be governed by the
provisions set forth in that Number……………3
Number 194.142 In a criminal case where a person is convicted by judgment of an offence
and sentenced to imprisonment, the judgment making office may, for the
purpose of making appeal, release the person on bail or security until the
time-limit for making appeal if the term of such imprisonment does not
exceed three years and the case is one in which it is not required to be
held in detention for trial or if that person has not been held in detention
for trial………………..1
The appeal hearing office may release a person on bail or security until
the time-limit for making appeal expires and, where a memorandum of
appeal has been filed, until the settlement of appeal in a case where the
person is convicted by judgment of an offence and sentenced to
imprisonment, and the term of such imprisonment does not exceed ten
142 Amended by the Fifth Amendment.
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years and the case is one in which it is not required to be held in
detention for trial or if that person has not been held in detention for
trial143………………..2
In releasing a person on bail or security in accordance with sections 1
and 2 above, where a bail or security has been furnished with the
original office for trial, the office shall, at its discretion, obtain such
additional bail or security as not to exceed Twenty Five percent of that
bail or security. In the other cases, the office shall, in consideration of
the matters set forth in section 10 of Number 118 of this Chapter, fix the
figure of bail or security and collect the bail or security
accordingly144……………………3
Provided that, subsequent to the filing of a memorandum of appeal, if
the appeal hearing office is of the opinion, from the standpoint of justice,
that it has to hear appeal by holding the appellant in detention, nothing
shall preclude the office from doing accordingly.
Notwithstanding anything contained in sections 1 and 2 above, while
releasing a person sentenced to punishment on bail or security or
refusing to accept a bail or security, a memorandum shall be executed,
for reasons therefor to be recorded; and the office may refuse to release
the person on bail or security, on any of the following conditions
……………………4
There is a possibility that the person sentenced to punishment may go
away if he or she is released on bail or security…………1
There is a possibility that the person may temper with the proofs and
evidences …………1
There is a possibility that the person may commit any other
offense………1
143 Amended by the Ninth Amendment.
144 Amended by the Ninth Amendment.
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In any of the following cases, the judgment making office, in the case of
the person who has served the punishment of imprisonment for a term
exceeding one year, and the appeal hearing office, in the case of the
person who has served the punishment of imprisonment for a term
exceeding three years may refuse to release him or her on bail or
security…………………………5
Cases under the Prevention of Corruption Act, 2059,145 cases relating to
black marketing, profiteering, hoarding or adulteration,
Cases relating to exports, imports,
Cases relating to essential services, essential commodities or essential
goods,
Cases relating to currency, notes, foreign exchange and metrology,
Cases relating to ancient monuments, statues, pictures, books of
archaeological importance or other arts,
Cases relating to narcotic drugs,
Cases relating to government amount,
Cases relating to the forgery or theft of any government document, court
judgment or order, passport, insurance, cheque or draft,
Cases relating to the theft, embezzlement or misappropriation of any
property, wealth or money of the Government of Nepal or a corporation
or bank of which Fifty One percent ownership is owned by the
Government of Nepal or the cheating of the Government of Nepal, such
corporation or bank.
In taking a bail or security by the office pursuant to this Number, the
office may, in consideration of the need and propriety, require the bail
or security also for such amount or money of the Government or public
145 Amended by the Strengthening Republic and Some Nepal Acts Amendment Act, 2066.
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corporation as may be payable pursuant to the
judgment146……………….6
Number 195. In making an appeal, the appeal my be made to the office hearing appeal
from the office that has disposed the case or through the office disposing
the case or by a person held in detention through the office where he or
she is so detained or by a government employee to such kind of appeal
hearing office, if any, available nearby the territory where he or she is in
service or on deputation, and to other office hearing cases of appeal level
if such office is not available and to any other case trying office
whatsoever if even such other office is not available; and the following
provisions shall govern the following matters while so making and
taking appeals:
Where a memorandum of appeal is presented in the office where the
concerned person is in detention, the office shall examine, on the basis
of the matters set down in the memorandum of appeal, only to the extent
of whether it has been filed within the time-limit or not and whether it is
in the specified format or not, and if the memorandum of appeal appears
to meet such requirements, the office shall cause the memorandum of
appeal to be signed by the litigant, credit the appeal fees into revenue
until the Lifa (a blank document signed and handed over to an attorney
or other person to prepare a document for the intended purpose) is
issued, give a receipt thereof to the litigant and then hand over the
appeal, accompanied by its endorsement, to the appeal hearing office
within three days after the date of receipt of the appeal by it, and take a
receipt of such hand-over…………………….1
If a memorandum of appeal is presented in the nearby office by a
government employee as mentioned above, the office shall receive the
memorandum of appeal by fulfilling the requirements of law, issue the
receipt of crediting the appeal fees into revenue and the receipt of
146 Inserted by the Tenth Amendment.
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acknowledgment of the memorandum of appeal to the appeal maker, and
attach the duplicate copy of the receipt of payment of punishment
imposed in the case with the memorandum of appeal, and endorse the
reverse side of the memorandum with the date of crediting the fees into
revenue and then forward the memorandum of appeal, accompanied by
its endorsement, to the appeal hearing office within Three days
…………………………..2
Where a memorandum of appeal is presented in the office disposing the
case, the office shall receive the memorandum of appeal by fulfill such
requirements as may be required to be fulfilled pursuant to law and
forward to the appeal hearing office within seven days the memorandum
of appeal, accompanied by the duplicate copy of the receipt of recovery
of the punishment imposed on the appeal making litigant in the case
where such punishment has been so recovered and also by the case-file
of the case, and where such punishment also involves a bail or security
furnished or imprisonment served pursuant to Number 194 of this
Chapter, the appeal dispatch slip shall state that matter, and the date for
making presence by the appellant shall be fixed also in view of the time
required for making presence by the litigant along with the arrival of the
appeal case-file where the appeal making litigant is allowed by law to
remain on recognizance, and a receipt thereof shall be
taken…………………….3
Immediately when a memorandum of appeal is filed by the litigant with
the appeal hearing office or that is received by such office through
another office, such office shall examine it whether the requirements
have been met in accordance with law, and where such requirements are
met, a decree shall be issued, within three days of the receipt of the
memorandum, to the case disposing office to send the case file, and in
the case where the memorandum of appeal has been sent through the
office making detention, to send information whether punishment has
been served by or recovered from the appellant or not or whether
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sentence of imprisonment has been determined or not and, where
punishment has not been so served or recovered, to recover or
determine the sentence of imprisonment and do any such as may be
required and immediately forward the notice of service; and appeal
hearing office shall so procure the case-file and information and proceed
with the memorandum in accordance with law, upon receipt of the casefile
and information…………….4
Where the appeal making litigant is in detention, the office forwarding
the appeal and case-file is not required to send the litigant beforehand
along with the case-file. The appeal hearing office may summon the
presence of that litigant if so required. If the presence of such litigant is
so summoned, the litigant shall be dispatched in accordance with
law…………………5
Where a person who makes appeal while in detention is released from
detention prior to the making of appeal judgment, the person shall make
presence in the office where the case has been filed within Fifteen days
excluding the time required for journey or such person mat send his or
her attorney in accordance with law if the case is one in which an
attorney can be appointed………….6
In receiving a memorandum of appeal in a case, appeal shall lie only
when an evidence of recovery of the punishment imposed by the
previous office in the case or where the appellant is sentenced to
punishment of imprisonment, evidence showing that he or she has
served that punishment or has been imprisoned or furnished a bail or
guarantee for the same, if any, required pursuant to Number 194 of this
Chapter is submitted or only when the bail or security is furnished where
such bail or security can be taken pursuant to the said Number or when
the imposed punishment is paid along with the memorandum of
appeal…………………….7
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Number 196. In receiving a memorandum of appeal,147 it shall be received only where
it is accompanied by the fee of one hundred rupees148 and is set down in
the format as referred to in this Number.
Memorandum of appeal
filed with such-and-such office
First/second civil/criminal appeal number of the year….20
Full name, surname and address of each of such
and-such person plaintiff/defendant Appellant
Versus
Full name, surname and address of each of such
and-such person plaintiff/defendant Respondent
Whereas, such and-such chief of such and-such office has passed
judgment in the original/ summary/ reference case, on such and-such date,
thereby awarding such and-such punishment to me/us and I/we am/are not
satisfied with the judgment;
Now, therefore, I/we have made this appeal, accompanied by the evidence
of payment of the amount in controversy or punishment as determined and
imposed by the judgment or by the evidence of the bail or security as
furnished or while in detention. I/we appellant make the following appeal
claims in this case:
1................
2................
Appellant:
Such and-such person, a resident of such and-such place
147 Amended by the Sixth Amendment.
148 Amended by the Tenth Amendment.
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(Where there are more than one appellant, full name, surname, address and
age of each appellant shall be set down in serial numbers 1, 2, 3, and those
who can read and write shall sign the memorandum and those who cannot
read and write shall affix their thumb impressions thereunto). Done on
……day of……of the year 20..
Number 197. Where the time-limit of appeal has to be given pursuant to Number 193
of this Chapter but such time-limit has not been so issued by the office,
the time-limit for making appeal shall be counted from the date of the
payment by the litigant of punishment imposed on him or her or the date
of receipt of the duplicate copy of the judgment, whichever is the earlier.
Number 198.149
Number 199.150 Where the appellant who can make appeal upon payment of the
punishment pursuant to Number 194 of this Chapter or furnishing a bail
or security makes appeal without making or furnishing such payment or
bail or security but undergoing detention, the appellant shall be released
from detention if he or she pays the punishment or furnishes the bail or
security accordingly, irrespective of the stage of case, and the case shall
be tried in accordance with law.
Number 200. If the appeal hearing office, in the course of proceedings, does not
consider it appropriate, from the standpoint of justice, to keep on holding
in detention an appellant who has made appeal while undergoing
detention upon being unable to furnish a bail or security, the office may
try the case by releasing him or her on recognizance without taking bail
or security from him or her.
Number 201.151 At the appeal level, the appellant and the respondent subpoenaed
pursuant to Number 202 of this Chapter need not remain on
recognizance. Even though the appellate on recognizance expires the
149 Repealed by the Tenth Amendment.
150 Amended by the Fifth Amendment.
151 Amended by the Tenth Amendment.
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date fixed for making presence, the case shall not be dismissed, and the
case shall not be adjudged without having regard to the defense pleas by
the respondent who has expired the date fixed for making presence, by
the reason only that the respondent has so expired such date. The appeal
shall be adjudged in accordance with law, by having regard to all matters
including the documents and evidences on the
record……………………………1
The court may proceed with the specified proceedings on the date fixed
for the same despite that the appellant or the respondent is not present in
the court on the date fixed for making presence. Only the reason that the
appellant or respondent is not present shall not preclude the court from
conducting the specified proceedings on the date fixed for making
presence…………………….2
Even though the appellant or the respondent is not present in the court on
the date fixed for making presence, he or she shall be entitled to be
present on the date fixed for making presence and then take part in the
remaining proceedings of the case, except the proceedings already
conducted pursuant to section 2 above……………..3
If the appellant or the respondent makes an application to have
conducted any proceedings that have not been completed on the timelimit
or the date fixed for making presence, within fifteen days of that
time-limit or date fixed for making presence, showing that he or she has
not been able to be present owing to a reason beyond his or her control,
and the reason seems to be reasonable or reliable, the court may conduct
the proceedings, for reasons to be recorded in a
memorandum……………………..4
Number 202. If, while examining the verdict of previous judgment by way of appeal,
reference or otherwise, the office competent to sustain or quash the
previous judgment does not see any substantial difference from the
verdict made by the lower office, the office need not subpoena the
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presence of the litigant. It shall pass judgment as so held. If, while
examining the verdict, it appears that the previous verdict or judgment
can be altered, a memorandum to that effect shall be executed, and a
process shall be issued, within three days of the execution of the
memorandum, to the litigant thereby summoning the litigant to make
presence within fifteen days excluding the time required for journey
stating that his or her presence is required as discussions have to be held
also with him or her on such and-such case with such and-such person,
and that failing his or her presence within the said time-limit, there
subsequent complaint shall not lie; and if the litigant makes presence or
sends an attorney in accordance with law within the time-limit, judgment
shall be made within thirty five days, also in his or her presence. Any
subsequent complaint made by a litigant who fails to make presence
within the said time-limit shall not be entertained. In a case where appeal
can be made, the time-limit for appeal shall be given.
Number 203. ………………152
Number 204. ………………153
Number 205. Where, in examining the judgment upon an appeal by any litigant, out of
the unsuccessful litigants in the same case, the verdict or punishment is
to be reversed, and in passing judgment by reversing the verdict or
punishment, the verdict or punishment is to be reversed also in the case
of the litigant who does not make appeal, the verdict or punishment shall
not be approved for the reason that no appeal has been made. Judgment
shall be made by so reversing the verdict or punishment also in the case
of the litigant who has not made appeal as if such litigant were the
appeal making one.
Number 206. If a litigant who has been released on bail or security of money in
consideration for imprisonment as required to make appeal is held to be
152 Repealed by the Tenth Amendment.
153 Repealed by the Tenth Amendment.
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successful on appeal, the money furnished as bail shall be returned
irrespective of whether the litigant has made presence on the date fixed
for making presence or expired such date. If such litigant is held to be
unsuccessful and is present at the time of making judgment, the money
shall be returned and he or she shall be imprisoned if the punishment of
imprisonment is held to be imposed. If such litigant has not been present
upon expiring the date fixed for making presence, and such litigant
makes presence voluntarily or is found, arrested and produced within
five years after the date of appeal judgment, there shall be imposed a fine
of a sum that is Two percent of the money furnished as bail, and the
remaining money shall be returned, and such litigant shall be sentenced
to imprisonment in accordance with the judgment. If such litigant does
not make presence voluntarily or is not arrested and produced within the
said time-limit, the money furnished as bail shall be forfeited and the
matter shall be dealt in accordance with law in the case of the litigant.
Number 207. The appeal judgment making office shall maintain the records of
frequency of reversals of judgments by the office in cases in such format
as specified by the Government of Nepal.
Number 208. A litigant who has expired the time-limit by not submitting a statement
of defense within the time-limit of a summons or process issued by the
office shall not be allowed to make an appeal against the judgment
handed down upon examining evidence ex parte in accordance with law.
If the litigant submits a statement of defense within thirty five days after
knowing the matter, not later than six months of the date of judgment,
accompanied by a complaint that the time-limit has expired since he or
she could not know the matter and file the statement of defense by the
reason that the summons or process has been served without fulfilling
the requirements pursuant to Number 110 of this Chapter, the summons
served as recorded previously in the case file shall be examined and if it
does not seem to have been served duly, the statement of defense shall
be registered by executing a memorandum to that effect, and the case
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shall be adjudged upon examining such evidence as may be required to
be examined in accordance with law. If the summons seems to have been
served duly, there shall be endorsed on the statement of defense that the
complaint cannot be entertained for the same reason and the statement of
defense shall be returned.
Number 209. If it appears that judgment has to be made by determining whether the
documents and deeds produced for evidence in any case which the office
examining verdict by way of appeal or otherwise is seized of are genuine
or forged, and the lower office has adjudged the case without conducting
that proceeding, the appeal hearing office shall procure the document in
original, enter into the record upon its production in the office, take
deposition of the complainant, subpoena the presence of the principal
and conveyancer witness, out of the defendants where they reside
elsewhere far district, and those whose deposition is to be taken in view
of the other documents in original, before the office and take their
deposition in accordance with law, and in the case of the other
defendants, such evidence as may be required to be taken and examined
from them shall be taken and examined by way of a letter rogatory by
sending and serving the letter rogatory to, and through, the office in the
territory where they are residing, and then judgment shall be made. It is
not required to keep any defendant examined by way of a letter regotary
on recognizance. If such defendant so wishes, he or she may remain on
recognizance in the office where the case has been filed.
Number 210. Where in a case in which appeal has been made or which has been
reopened, judgment is passed approving the previous verdict, the office
making the judgment shall, if the litigant who was successful previously
is not on recognizance, send a notice that the verdict has been approved
to that previously successful litigant, not later than three days after the
date of judgment made by that office, in respect of such matters as
required to be executed in accordance with the judgment within the timelimit
prescribed by law, including the recovery of money(amount in
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controversy), foreclosure, setting aside of partition share, production and
registration, and registration pass of a deed and cause the notice served
pursuant to Number 110 of this Chapter. The time-limit for making
application for the execution of judgment shall run from the date of
receipt of that notice.
Number 211.154 If any concerned person so applies, duplicate copies of the documents on
the record (contained in the case-file) in the case trying office shall be
issued. While so getting and issuing a duplicate copy, if the person
getting the duplicate copy is to copy the document on his or her own
accord, the person shall be allowed to copy the document in presence of
the concerned employee, by collecting from him or her the fee by two
rupees155 for each page of full scale size. If application is made for the
duplicate copy of a document by the office, the office shall provide such
copy, by collecting from him or her the fee by three rupees156 for each
page of full scale size. In getting and issuing a duplicate copy, there shall
be set down at the top of the duplicate copy that such-and-such person
has taken it and the copy corresponds to its original, which shall then be
stamped with the seal of the office and the chief of office, and there shall
be issued the duplicate copy of a plaint not later than the following day,
and that of another document not later than three days, after the date of
the payment of fee.
Number 212. If a government employee or a person held in detention makes an
application, accompanied also by the fee as specified by law, to the office
where the employee is in service or where he or she is on recognizance or
so detained for getting by post a duplicate copy of the case-file of the case
of such employee or person in detention, the office shall receive the
application and request to the office where the case-file is maintained with
for sending the case-file accordingly; and if a request is so received, the
154 Amended by the Tenth Amendment.
155 Amended by the Tenth Amendment.
156 Amended by the Tenth Amendment.
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office where the case-file is maintained with shall also cause the duplicate
copy of the case-filed to be made and forward the same to the office where
such application has been made.
Number 213. While submitting or referring a judgment in any case for confirmation,
the office shall forward the original case-file of that case along therewith;
and such submission shall also state, if the person of the case is held in
detention, the date on which the person was held in detention and the place
where he or she is detained, and whether the person has gone away or
absconded from custody.
Number 214. In submitting or referring a judgment in a case where judgment has to be
referred for confirmation,……………..157 the person convicted of offense
shall be held in accordance with law.
Number 215. Where a judgment in a case has both been referred for confirmation and
appealed against, the record of reference shall be crossed off and the case
shall be tried by way of appeal. If, in so trying the appeal or examining the
referred judgment where no appeal has been made, it appears that the
office making the reference judgment has made such reference/submission
without examining such evidence as required to be examined and
completing proceedings and that judgment or confirmation cannot be
made without examining the evidence or litigants, then judgment or
confirmation shall be made within the time-limit by examining such
evidence and such present litigants as required to be so examined. If, in
examining the reference judgment, if appears that other requirements,
except the proceeding to be completed, are not met, then the reference
judgment shall be sent back within seven days, by specifying the timelimit
for meeting the requirements and forwarding the reference judgment.
Number 216. Where a judgment has been referred for confirmation in a case, the
reference judgment shall be disposed within fifteen days where it is
157 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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sufficient to examine the records with the office itself and any office
within its territory for such disposal and within fifteen days after the
production before the office, where it is required to examine any office
outside its territory, upon examining such matters as required to be
examined by making follow-up and specifying the time-limit for such
examination and production.
Number 217. If, in a case requiring the submission of judgment in it for confirmation, the
office examining and confirming the judgment has to released one who is
in detention or punish such person pursuant to the confirmation of the
reference judgment, the office shall send information to the office in the
prison or detention center of which the detainee is in detention and to the
office referring the judgment within Three days to do accordingly and
forward the case file thereof to the office referring the judgment not later
than Fifteen days.
Number 218. If, in inquiring another office or subpoenaing the production or presence
of any document or person through another office in a case or taking
deposition or statement of a person inquired publicly or a litigant by way
of letter rogetory through another office, there shall be made a submission
to that office thereby requiring it to perform such-and-such proceeding in
such manner within such days, by giving a reasonable time-limit for the
same, excluding the time required for journey.
Number 219. If any office receives a reasonable submission or request to perform any
government business to be performed by it, the office shall immediately
perform or serve the business as so submitted or requested within the
specified time-limit. If the office is not able to serve or perform the
business or proceeding, it shall send a reply, accompanied by the reason
for such inability, to the office that has so made a submission or request,
within the time-limit.
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Number 219A.158 If an office that has been requested by another office to send such casefile
and document or asked to clarify any such matter as required for
evidence in a case fails to send the case-file and document or reply despite
remainder or follow-up, and this inability has resulted in difficulty with
trying and disposing the case or in any grievance or detriment to any party,
the chief or concerned employee of the office that has not sent such casefile
and document or reply may be liable to a fine of up to Fifty rupees for
each instance. The office providing his or her salary shall realize such fine
from his or her salary and furnish the same to the concerned office.
Provided that if, after the order of fine has been so issued, the chief of
office or employee concerned makes an application that such a fine should
not be imposed on him or her, showing a reasonable reason for failure of
send such case-file and document or reply within the specified time and
the concerned office find the reason to be satisfactory, that office may
revoke the order of such fine or reduce the amount of such fine.
Number 220. 159 Even though an application of a matter which has to be tried upon the
Government of Nepal being a party and of a matter relating to pain or
suffering caused by a government employee or a person authorized to
carry out a government business and of a matter on submission by a
government employee in relation to the business of his or her office does
not bear envelope revenue stamp on it, such application shall be tried in
accordance with law. In matter other than these, there shall be charged the
envelope fee according to the law, if any, prevailing on the proceedings of
the office concerned, and that of five rupees160 failing such law.
Number 221. If the law provides that an envelope form bearing revenue stamp has to be
used, executed or issued and such envelope form is not available, such
sum of money as set forth in the law to be so used, executed or issued
shall be collected in cash, and the matters shall be set forth in a blank plain
158 Inserted by the Seventh Amendment.
159 Amended by the Seventh Amendment.
160 Amended by the Tenth Amendment.
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sheet of paper and such paper shall be used, executed or issued
accordingly.
Number 222. The office shall issue an order or memorandum on any application filed
with it not later than seven days except for a reasonable reason.
Number 223. If any office has to hand over to another office any case-file which has
been procured for evidence in a case and on which judgment has been
made and the time-limit of appeal is also already expired and the case file
on which judgment has been made by that office itself, that office shall
hand over the same to the relevant office within seven days after the date
of compromise if it relates to a case compromised and within seven days
after the expiration of the time-limit for making appeal petition if it relates
to a case adjudged.
Number 224. A government employee shall not draw up or cause to be drawn up any
document including a plaint, statement of defense, memorandum of appeal
and petition on such a case of any person, other than the person set forth in
Number 30 of this Chapter, as to be filed with, tried by or as an appeal
thereof filed with the office in which he or she is serving.
Number 225. 161 If any government employee, in capacity of his or her office or in the
course of performing any business of his or her office, performs any
business that he or she is not competent to perform or omits to perform
any business required to be performed by him or her or causes
unnecessary delay in performing such business or performs it with ulterior
motive, the competent authority shall immediately take departmental
action against and impose departmental punishment such employee. If any
office-bearer inspecting any office finds, in the course of making such
inspection, that such has been done, the office-bearer shall immediately
write to the competent authority for the departmental action.
161 Amended by the Third Amendment.
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Number 226. 162 Even though, in the course of conducting, or causing to be conducted,
any such act or proceeding as required to be conducted in presence of a
member or representative of the Village Development Committee or
Municipality pursuant to this Chapter or as to be conducted by getting
such a member or representative to sign the deed, a notice in writing is
given to the concerned Village Development Committee or Municipality
to cause the presence of such member or representative, but such member
or representative does not make presence for such act or proceeding
despite such a notice or the Village Development Committee or
Municipality is dissolved or does not otherwise exist, such act or
proceeding may be conducted or caused to be conducted, and such act or
proceeding shall not be void by the reason only that such a member or
representation has failed to make presence or has not signed the deed if the
other requirements have been met.
162 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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Chapter 2
On Punishment
Number 1.163 Where a person who commits any act that is considered by law as an
offense is so of unsound mind or insane that he or she cannot know the
nature and consequence of the act committed by him or her……….164 at
the time of the commission of that act, such person shall not be guilty of
such offense nor shall such person be liable to any kind of punishment.
………….165Where any person teaches a person who is of unsound mind
or insane to commit any offense and such offense is so committed by the
person of unsound mind or insanity, the person who so teaches shall be
liable to punishment in full as if he or she were the principal offender.
Number 2. Even where, in relation to any act done by any person, a suit is filed
against another person after the death of that former person, and the
deceased is held to have been guilty of any office, the deceased shall not
be liable to punishment; and it shall be done in accordance with law in
relation to the sum of money in question.
Number 3. Where a person required to pay or serve a fine or Bishaud (Twenty
percent) dies prior to the recovery of the same, such fine, amount or
sentence shall be pardoned after the death of such person. One who
inherits his or her property or furnishes guarantee shall not be claimed for
the same. If it relates to the matter of recovery or payment of amount in
question, one who inherits shall pay the same. One who inherits shall not
be claimed for any amount that remains after the recovery made upon
taking inventory of entire property.
Number 4. If, following a judgment awarding the punishment of confiscation of entire
property, a person whose entire property is attached dies, such punishment
163 Amended by the First Amendment.
164 Deleted by the Children's Act, 2048.
165 Deleted by the Children's Act, 2048.
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of confiscation of entire property cannot be waived unless and until that
person is acquitted of the offense. It shall be done in accordance with law.
Number 5. ……………..166
Number 6. If it is provided that such-and-such portion of sentence has to be imposed,
………………….167 such portion of sentence shall be set and imposed by
maintaining that the imprisonment for life is of twenty years and that of
confiscation of entire property is of eighteen months.
Number 7. If the law provides that punishment of imprisonment for life with
confiscation of entire property shall be imposed, the offender shall be
sentenced to imprisonment for life and then confiscation of his or her
entire property shall be made in accordance with law.
Number 8.168 Even though the same person has many times …………169committed an
offense punishable by imprisonment for life with confiscation of entire
property or imprisonment for life or other punishment, after the sentence
of imprisonment for life with confiscation of entire property or that of
confiscation of entire property, whichever is higher, is imposed for any
count/instance, then any count/instance carrying lesser punishment or
another count/instance carrying lesser punishment, after the imposition of
any punishment out of the punishments, shall not be compounded with any
such count/instance. If any person on which punishment of imprisonment
for life with confiscation of entire property or punishment of
imprisonment for life has been or would be imposed has committed any
offense carrying higher punishment during the period when he or she has
expired the time-limit and gone away or has been sentenced to
imprisonment or has absconded from imprisonment or has released on
bail, security or recognizance, then such person has to be sentenced to
such higher punishment. If such person repeats the commission of an
166 Repealed by the Seventh Amendment.
167 Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
168 Amended by the Seventh Amendment.
169 Deleted by the Punishment Related Some Nepal Acts Amendment Act, 2055.
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offense punishable by imprisonment for life, an additional term of Four
years shall be added to the term of imprisonment after his or her service to
imprisonment for life is complete, and if such person commits an offense
punishable by lesser punishment, additional punishment of imprisonment
for a term not exceeding Four years shall be added to the term of his or her
punishment, and he or she shall be imprisoned accordingly.
Number 9. In sentencing to punishment on a civil case, other family member shall not
be liable to sentence after the principal person has been sentenced to
punishment in accordance with law.
Number 10. Except where the law provides for the compounding of instance/term or
count/offence, if it is required to impose punishment by compounding the
instance or count by applying Two or more than Two Acts in a case
arising from the same deed/act, in relation to the punishment of
imprisonment, only such punishment of imprisonment as is the highest
one out of the punishments provided by such Acts shall be imposed. The
instance or count of the other Acts shall not be compounded. In the event
that the punishment of fine is to be imposed, such punishment shall be
imposed by compounding the punishments imposable by all Acts. If the
punishment of fine and imprisonment is to be imposed, the higher
punishment in terms of both fine and imprisonment on both instances or
counts shall be imposed. After the imposition of the punishment of
confiscation of entire property, no term or count of fine shall be
compounded in relation to any offense committed prior to the service of
such punishment.
Number 11. On an instance or count that is punishable by imprisonment pursuant to
law, it is the punishment of imprisonment that shall be imposed.
Number 11A.170 Where the punishment of imprisonment has been imposed for causing
dismissal of a case and money is paid in consideration for such
170 Inserted by the Ninth Amendment.
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imprisonment at the rate of Twenty Five Rupees171 for a day of such
imprisonment, it is not required to serve the punishment of imprisonment.
If money is paid, it shall be received and the record of imprisonment
crossed off.............................1
Notwithstanding anything contained in Number 11 of this Chapter, a
person who commits an offense punishable by imprisonment for a term of
less than Three years is held liable to the punishment of imprisonment and
the office does not consider it appropriate to hold such person in
imprisonment owing to the fact that he or she has committed the offence
for the first time, the office may specify the amount to be set by Twenty
Five Rupees172 for One day and so pass judgment that such person will not
be required to serve the sentence of imprisonment if he or she pays the
amount so specified. If the money is so paid by the offender, it shall be
received and the record of imprisonment shall be crossed
off..............................2
In so passing a judgment as to allow the payment of money in
consideration for imprisonment pursuant to Section 2 above, the office
shall cause the offender to execute a deed promising that he or she will not
commit any kind of such offence again and will observe a good conduct;
and if the offender commits any offense punishable by imprisonment
within Three years after that date, the offender shall be liable to
punishment also consisting of the sentence of imprisonment imposed on
him or her pursuant to the old judgment, and the office may pass an order
to return the money paid in consideration for the imprisonment pursuant to
the old judgment............................3
171 Amended by the Tenth Amendment.
172 Amended by the Tenth amendment.
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173In the case of punishment to be imposed pursuant to Number 10 of the
Chapter on Marriage, the provision set forth in section 2 above shall not
apply...................................4
Number 12.174 If any act or action set forth in the various Chapters of this Code or in the
prevailing law is an offense and the concerned Chapter or prevailing law
does not provide any specific provision on punishment for such an
offense, there shall be imposed a fine of up to Five Thousand Rupees,
having regard to the nature and condition of such an offense.
Number 13. If any government employee who takes custody of and carries any cash,
goods in-kind and other things dispatched and sent by any office to any
other office picks up any such cash, goods or things on the way either on
his or her own motion or by an order issued by any of his or her superior
officer, the employee who so picks up on his or her own motion shall be
liable to, and where he or she has so picked up by such order, then the
officer issuing such order shall be liable to, the punishment of
imprisonment for a term ranging from Two years to Six years. Where such
employee has so picked up only on a simple instruction, imprisonment for
a term that is less than One and half of the punishment imposable on the
instructor shall be imposed. Where the money or amount in question has
been used up, then the money or amount shall also be recovered from the
person who has so used it up.
Number 14. Any person who is authorized to perform any government or public
business or any person who has any legal duty shall not collect and use
any money, amount, fee, charge or cess other than such remuneration as
may be collected and used in accordance with law, in the course of
performing, or causing to be performed, business entrusted to his or her
post, or in the course of performing such duty, as the case may be; and if
the same is so collected and used, it shall be held to be a bribery.
173 Inserted by the Eleventh Amendment.
174 Amended by the Amended by Court Management and Administration of Justice Related Some Nepal
Acts Amendment Act, 2058.
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Number 15. In the event of the commission of bribery, the amount in question shall be
confiscated/forfeited, and where a person who is authorized to perform a
government or public business has taken a bribery, such person shall be
liable to punishment of imprisonment for a term ranging from Two years
to six years or a fine of up to Five Thousand Rupees, according to the
gravity of the offence, and where any person other than such person has
taken a bribery, such other person shall be liable to a fine equal to the
amount in question. Even where a person has taken bribery during service
but is to be sentenced to punishment after relieving of service or where a
person has asked for bribery but has not yet taken it, the foregoing
provisions shall be applicable. A person who offers a bribery or arranges
for the exchange of a bribery, then such person shall, if he or she is a
government employee, shall be liable to the punishment as if he or she was
himself or herself the principal offender, and if such person is not a
government employee, such person shall be liable to half the punishment
irrespective of whether the bribery has already been given or taken or not.
If the offering and taking of bribery has resulted in a loss to another
person, the amount of such loss shall be recoverable from the person who
has taken it and if such amount is not recoverable from such person, it
shall be recoverable from the person who has taken the bribery.
Number 16. If a government employee takes a bribery forcibly from a person by way
of intimidation and coercion, including showing threat or fear, battering,
manhandling or locking up, then the amount of bribery shall be caused to
be returned to that person from whom it was taken, and the employee shall
be punished with a fine equal to the amount in question and imprisonment
for a tern ranging from Three years to Nine years. Where such employee
has made intimidation and coercion but has not been able to take the
bribery, he or she shall be liable to punishment that is half the punishment
as forth above.
Number 17. In sentencing to imprisonment for any matter set forth in Number 15 of
this Chapter and to punishment for any matter set forth in Number 16 of
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this Chapter, no such sentence shall exceed nine years and twelve years,
respectively.
Number 18. If, in any criminal case, a person is held to have instituted the case against
another person with ulterior motive by creating a false evidence or in the
absence of any reasonable cause or fact, the such person shall, for making
such a false accusation or complaint, be liable to punishment that is half
the punishment that would be imposed on the offender if his or her
accusation was sustained. If such punishment involves imprisonment for a
term exceeding five years, such person shall be sentenced to imprisonment
for a term of up to five years. If the case trying office has reason to believe
that there was no ulterior motive at the time making accusation or such
accusation was made on the reasonable fact necessitating requiring such
accusation, the office may exempt the person making such accusation
from all or any of the punishment set forth above, for reasons for the
exemption from punishment or imposition of lesser punishment175 to be
recorded.
Number 19. If the co-accused making accusation (Polaha) has to be punished pursuant
to Numbe8 of this Chapter, the case trying office shall impose half the
punishment as mentioned therein on the accuser and order for the recovery
of half the punishment from the accuser and provision of the same as
compensation to the person against whom such a false case has been
instituted. If the accuser is liable to the punishment of imprisonment and
the cash figure of the punishment of imprisonment has to be determined
for the purpose of compensation to be provided pursuant to this Number,
such figure shall be determined at the rate of Fifty Rupees for each day176
of the punishment of imprisonment. If the accuser required to provide
compensation as mentioned above does not provide the compensation
accordingly, the compensation shall be recovered from his or her property,
175 Inserted by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
176 Amended by the Tenth Amendment.
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and if the compensation is not recoverable from the property, and the
person entitled to compensation makes an application that the accuser be
sentenced to imprisonment in consideration for the same, the case trying
office may, having regard to the figure of compensation not so recovered,
sentence the accuser to imprisonment for a term not exceeding Three
months.
Number 20. Even though the person required to provide compensation pursuant to
Number 19 of this Chapter dies prior to the making of judgment for
compensation or the recovery of the compensation, such compensation
shall be recovered through his or her heir from his or her partition share to
the extent of recovery from the same and be provided to the person
entitled to such compensation, and if the person entitled to compensation
dies prior to the making of judgment for compensation or the recovery of
the compensation, his or her heir shall be entitled to the compensation to
which the deceased is entitled.
Number 21. The following matters shall be governed by the following provisions,
except as otherwise provided for in this Code:
If a person is held to have made a complaint for being entitled to
something that the person is not so entitled to, there shall be imposed on
the person a fine of Ten percent of the amount as claimed.................1
If a person is held to have acted falsely and to have not provided
something that the person is to so provide, there shall be imposed on the
person a fine of Ten percent of the amount in question, with the recovery
of that amount from that person......................................2
If a person is held to have claimed more than what the person is entitled to
get, and if a person is held to have stated lower than what the person is
required to give, there shall be imposed on such persons a fine of five
percent of the excess amount so claimed and of the less amount so stated,
as the case may be................3
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The ten percent fee of the amount of compensation shall be collected from
the person entitled to the recovery of compensation where the recovery of
compensation is to be made177......................................4
Number 22. Where a case has to be tried by taking a deposit or bail of amount by the
office or by making attachment to a property, the case shall be tired by
taking such deposit or bail or making such attachment. No interest shall be
charged after the date in which the deposit or bail is furnished with the
office and the attachment is made or a wealth guarantee is furnished to
that effect.
Number 23.178 In making a judgment with specification of the sentence, if the offender
liable to sentence is present, the judgment making office shall arrest him
or her at the same time and recover and realize the sentence awarded by
judgment from him or her. In doing so, if the offender is sentenced to a
fine and pays the fine or furnishes a wealth bail/guarantee for the same,
the same shall be collected or received and the offender shall be released.
If the offender is sentenced to imprisonment, the offender shall be released
on bail or security if he or she furnishes such bail or security for making
appeal, pursuant to Number 194 of the Chapter on Court Proceedings. If
the offender fails or refuses to pay or furnish such fine or bail or
guarantee, he or she shall be sent to the prison for the realization of the
imprisonment realizable in consideration for the fine and the
imprisonment sentenced by the judgment. If the offender liable to sentence
is not present, the office shall issue an order to the concerned police office
to arrest him or her and also institute the proceedings as set forth in
Numbers 25 and 26 of this Chapter. Upon receipt of such an order, the
concerned police office shall search and arrest the offender sentenced to
punishment and produce him or her before the office. The judgment
making office itself shall establish the record of the sentence to be
executed pursuant to the judgment if it is required to establish such record
177 Amended by the Ninth Amendment.
178 Amended by the Tenth Amendment.
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and if it has to be written to the original office in another jurisdiction for
the establishment of such record, it has to be so written to that other office
within seven days after the date of judgment. In establishing or writing for
the establishment of the record of sentence, the sentence imposed by the
judgment on the offender and the proceedings taken for the realization of
such sentence shall also be set out. Where a judgment has been referred
for confirmation, the record of punishment shall be established, or cause to
be established, accordingly, after confirmation on the judgment referred
has been obtained.
Number 23A.179 If the offender is present, on the money required to be collected,
including the governmental amount, Ten per cent fee and Five percent fee,
pursuant to the judgment, the judgment making office shall then claim and
take act to recover such amount in question, Ten percent fee and Five
percent fee or to confiscation of the entire property as imposable and
recoverable by the judgment. If the offender sentenced to punishment is
not present, there shall be instituted action or proceeding to arrest him or
her for the purpose of recovering punishment from him or her in
accordance with the provisions set forth in Number 23 of this Chapter and
to recover the amount in question, Ten percent fees and Five percent fee
pursuant to Number 26 or to make confiscation of entire property pursuant
to Number 27……..1
If, in making forfeiture or confiscation of entire property of the offender in
the course of recovering such punishment or government amount, Ten
percent fee or Five percent fee as held imposable by the judgment, the
office seeks the assistance of the police office, the police office shall
render such assistance immediately …………………….2
Number 24.180 If, the forfeiture or confiscation of entire property is once made in relation
to such money including government amount, fine, Ten percent fee or
Five percent fee or on an offence punishable by the confiscation of entire
179 Inserted by the Tenth Amendment.
180 Amended by the Seventh Amendment.
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property, the following provisions shall be followed on the offense
involving that punishment of confiscation of entire property and the
remaining of the money of foreclosure. The record of the remaining
amount in question and fine not recovered from foreclosure, in respect of
the other matters, shall be immediately obliterated, and the record of
imprisonment shall be obliterated if the person has disappeared since five
years after the foreclosure:
The offender of a case relating to homicide, a case of any kind of theft or a
case of state affairs and of a case relating to embezzlement,
misappropriation, theft or loss by the concerned government employee of
government money or property in his or her custody or of money or
property belonging to a government corporation or a body controlled by
the Government or of a case relating to payment of advance money or of a
case under Number 2 of the Chapter on Non-repayment of Arrears shall be
sentenced as per the record of punishment pursuant to the judgment
whenever the offender is found………………..1
Any non-governmental amount or amount of a body as mentioned in
Clause 1 below shall be so recovered from the property inherited by the
inheritor as to the extent recoverable from such property……………2
If the judgment debtor dies and a death indenture is executed in presence
of five local gentlepersons including a member of the concerned Village
Development Committee or Municipality,181 the record of imprisonment,
fine and Five percent fee shall be obliterated…….3
If a disappearance indenture is executed by five local gentlepersons
including a member of the concerned Village Development Committee or
Municipality182 once a year until Three years where the judgment debtor is
not found or his or her whereabouts are not known, and once a year until
five years where the judgment debtor or his or her whereabouts are known
181 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
182 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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but it is not known whether he or she has disappeared or is dead or alive,
or not, the record other than the record set forth in the following section 1
shall be obliterated if the forfeiture of the property of the judgment debtor
who has property has been executed…………4
Number 25.183 In recovering a fine or government amount, it is not required to wait until
the amount of an individual is recovered or realized. If a person who is
punished to pay a government amount pays the same, such amount shall
be received; and if such person does not pay such amount, it shall be
recovered by foreclosing his or her property in accordance with law. In so
making forfeiture, action shall be taken immediately if the judgment
debtor is present then and action shall be taken in accordance with the
provisions set forth in Number 23A. of this Chapter if the judgment debtor
is not so present. In the case of the judgment debtor of fine for
imprisonment, other than for any government amount, the fine shall be
collected if paid by the judgment debtor, and he or she shall be sentenced
to imprisonment also in consideration for that fine. No forfeiture shall be
made after the sentence of punishment is served. If a judgment debtor of
imprisonment and fine goes away, such judgment debtor shall be arrested
pursuant to Number 23 of this Chapter, the punishment shall be recovered
by forfeiting his or her property in consideration for the fine and also for
the imprisonment at the rate of One day for Fifty Rupees. If a person who
is held to be imprisoned pursuant to judgment is found within the timelimit
set forth in Number 24 of this Chapter, the person shall be sentenced
to imprisonment pursuant to the judgment, and the money received in
consideration for imprisonment shall be returned.
Number 26. In forfeiting the property in consideration for a fine and imprisonment in
accordance with law, punishment shall be recovered only from the
partition share of the offender to the extent recoverable. In making
forfeiture in consideration for a personal amount, the partition share of the
183 Amended by the Tenth Amendment.
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family members who are above Twelve years of age, share common
kitchen and have taken such amount or that of those who have lived
jointly at the time when they took such amount but started living
separately thereafter shall also be forfeited, and in forfeiting the property
in consideration for a government amount in question, the forfeiture of the
partition shares of all the coparceners who have lived jointly at the time
when they took such amount shall be made. In making such forfeiture, the
gift of the judgment debtor's wife, daughter, daughter-in-law, marriage
expenses for unmarried children of the judgment debtor, the amount of
unsufruct, sight mortgage or charge on an immovable property executed in
favor of a creditor prior to making application for forfeiture in
consideration for a personal amount in question, and prior to the date of
attachment to the property in consideration for a government amount in
question, One yoke of oxen, a set of bare instruments to carry on
employment, One set of bare eating and cooking utensils, quilt and
mattress, put on clothes and food grains, if any, sufficient for One whose
property is subject to forfeiture to maintain him or her for up to Six
months shall be set aside and exempted from forfeiture, and the rest shall
be forfeited to the extent recoverable. If the property is over and above,
the same shall be returned. Even if the recovery cannot be made in full
upon the forfeiture, the other family members shall not be claimed.
Provided that in forfeiting and auction selling the partition share of the
offender who is absconding, nothing needs to be set aside pursuant to this
Number.184
Number 27. In making confiscation of entire property, the partition shares of the other
coparceners who have not obtained their partition shares shall be set aside,
and the amount of creditors as set forth in a usufruct, sight mortgage or
charge executed prior to the report of the offense, such marriage expenses
of unmarried children as set forth in law, gifts of wife, daughter and
daughter-in-law and such personal amount as due and recoverable on the
184 Inserted by the Seventh Amendment.
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judgment in the case in relation to which such confiscation is executable
shall also be set aside, and the property of the offender only shall be
confiscated.
Number 28. In making forfeiture and confiscation of the property belonging to a tenant
tilling a Raiker land, the entitlement of the tenant to the Raiker land shall
be auctioned. In making such auction, One Bigaha of land in the case of
Madhesh, Five Ropani of land in the case of Kathmandu Valley and Hilly
region, and such area of land as One Pathi of seeds is required for its
cultivation in the case of a sloppy land of which Ropani is not set out shall
be set aside for himself or herself, and the rest land shall be sold by
auction in accordance with law, and the land-revenue of the land subject to
such auction sale, if any due and payable, shall be recovered from the
proceeds of the sale, and if such revenue is not due and payable, the whole
of proceeds shall be applied to for the recovery of punishment by
forfeiture and confiscation, and information of such change in the status of
that land shall be given to the executing office and the Jimidar, Talukdar.
If, in making such an auction sale, nobody makes a bid, the land shall be
returned back to him or her. In the case of forfeiture in consideration for
failure to pay crops and revenue of the land, the land as set forth above
need not be returned back to him or her, and action shall be taken on the
matter in accordance with the relevant law. If the land upon setting aside
such portion of that land as is returned back to the then tenant is auctioned
sold, the land-revenue shall be recovered on pro rata.
Number 29. In recovering such amount from the defaulter as is due and payable to the
Government of Nepal and the defaulter is a government employee, the
office shall send a notice, indicating that such-and-such amount is due on
judgment from such-and-such person for so-and-so reason, to the office
from which he or she draws remuneration, and request the latter office to
recover the amount by withholding the same from his or her remuneration.
In making recovery by making such withholding, the recovery shall be
made in accordance with the deed, if any, executed, and, failing such a
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deed, by withholding only three fourth of the remuneration of such
employee until the due is recovered in full, except in the case of
embezzlement of money and of due and payable money paid as advance
directly.
Number 30. While also preparing an inventory of or auction selling a property in the
course of effecting forfeiture or confiscation, it shall be done, as follows,
in witness also of the Talukdar and Jimidar in that place, if they are
available, and the person responsible for the duties of Talukdar and
Jimidar, if they are not available, a member or representative of the
concerned Village Development Committee or Municipality185 and at least
Two gentlepersons………186:
………………………………………………………………1187
The house and land subject to forfeiture and confiscation shall be dealt
with in accordance with law, and in auction selling the other property
liable to be so sold, the gold, silver and ornaments shall be auction sold by
taking their weight and fixing their rate, and the other property shall be
auction sold directly…………………………………………2
The gold, silver, ornaments and high-valued goods shall be brought to the
office and then auction sold, and the other property may be auction sold by
a commission deputed to the site…………………..3
If documents relating to the execution of decree on dues and money
recoverable by bonds or books of account are produced, the records
thereof shall be maintained in the office making forfeiture and
confiscation and recovery shall be made in accordance with law……..4
Number 31. If, in auction selling a grass-roofed house subject to forfeiture in
consideration for a fine, imprisonment, confiscation of entire property or
government amount in question in accordance with law, nobody makes a
185 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
186 Repealed by the First Amendment.
187 Repealed by the First Amendment.
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bid to buy the house, and in determining the reasonable value of such a
house, it is held that the value of that house is up to One Hundred Rupees,
the value shall be remitted from the money recoverable as government due
and the house shall be returned to the judgment debtor. If the value of such
house is above One Hundred Rupees, it cannot be returned to him or her.
The record of such house shall be maintained, and it shall be used in a
government business or given on rent if possible, and it shall be looked
after properly. If it is to be forfeited in consideration for a personal amount
in question, the person entitled to the recovery of amount in question shall
accept it at a reasonable (Panchakriti) value. If such person does not so
accept it, the reasonable value of the house shall be remitted from the
recoverable amount in question, and the house shall be returned to one
whom it belongs to.
Number 32. In making forfeiture or confiscation of the property belonging to a
judgment debtor of forfeiture or confiscation of property in consideration
for a government due, such forfeiture or confiscation shall be made as
follows:
A process or notice shall, not later than Seven days after the production of
document of forfeiture or confiscation of property, be affixed
conspicuously to the house of the judgment debtor of forfeiture or
confiscation of property and to the door of the office executing the
forfeiture or confiscation of property, and such process or notice shall state
that if any person knows that any such property as may be liable to
forfeiture or confiscation of the property of such-and-such person has been
concealed or hidden may make a report thereon to the office executing the
forfeiture or confiscation within Three months from that day, and that if
such person fails to make such report, he or she shall also be liable to
punishment in accordance with law………………..1
The process or notice to be so affixed shall also contain an inventory of
the judgment debtor's house, lowland, sloppy land, livestock and his or her
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debtors and the following details in relation to the records of the other
property or goods belonging to him or her, and state that any person may
make a report on any movable and immovable properties obtained by any
person from the judgment debtor on usufruct or sight mortgage or on
bailment or security/deposit, any dues payable by his or her debtors and
crops due from a tenant or Kuriya tilling the land, and any other monies or
properties whatever and whatsoever in relation
thereto…………………………..2
If a report is not made within the time-limit but after the expiration of the
time-limit, and such report has not been made by the usufruct or sight
mortgage creditor, there shall be imposed a fine of up to Ten Rupees
where usufruct or sight mortgage on the land, house and low land was
obtained by less than Five percent of such value of the land and house as
is established in accordance with law and less up to Twenty percent than
the value of a movable property if such movable property has been so
obtained……………………..3
Even where the property has been so obtained on usufruct or sight
mortgage as to make a profit above and over that mentioned and the
movable and immovable property is concealed and hidden and a report is
not made within the time-limit , there shall also be imposed a fine equal to
the amount in question so concealed or hidden. If a report is made within
the time-limit, no punishment shall be imposed even though a profit in
excess of that set forth in the usufruct or sight mortgage
deed………………………….4
Number 33. After a judgment is made holding the confiscation of entire property or
recovery of government amount in question, no forfeiture, confiscation,
auction sale shall be made until the time-limit for appeal is expired or the
appeal judgment is made. After making judgment holding such
confiscation or recovery, the property liable to forfeiture or confiscation
shall be attached pursuant to Number 30 of this Chapter and the custody of
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such property shall be so handed over to a reliable person that such
property cannot be misappropriated. Where the property is so attached and
no appeal is made until the time-limit for appeal, then after the expiration
of the time-limit for appeal and where an appeal is made, and the appeal
hearing office also holds that such recovery or confiscation has to be made
as adjudged by the lower level court, the attached property shall be auction
sold and proceeds of such shall be credited into the record. Where an
appeal is made even thereafter and the judgment is reversed, and where it
is required to make refund by virtue of confirmation on the reference
judgment, the proceeds of the auction sale shall be refunded in cash. If a
government amount in question is held payable, it is not required to attach
the property if a security or wealth guarantee by a reliable person in
consideration for the amount in question so held to be payable is
furnished. If a government employee is held liable to payment of a
government amount in question or to confiscation of entire property as
mentioned, the foregoing provisions shall be applicable in the case of
misappropriation of money or due of advance paid directly or confiscation
of entire property. It is not required to attach his or her property in the case
of any amount in question other than that. Only the remuneration shall be
attached or withhold in accordance with the provisions set forth in
Number 29 of this Chapter.
Number 34. If any property subject to forfeiture or confiscation or attachment or
withholding is of such goods in-kind as may perish or decay for any
reason or cause if it is not auction sold in time,188 such property shall not
be held as it is, and the perishable goods shall be auction sold in
accordance with law, and the cash proceeds of sale shall be credited into
records, and such cash proceeds shall be as received, given or refunded as
may be subsequently held to be received, given or refunded. If it appears
that even any other goods subjected to attachment or withholding only
may be worn and torn or destroyed due to stain or other reason if they are
188 Amended by the Seventh Amendment.
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held for a long time, the reasonable value of such goods shall be
determined, and if the owner of such goods accept to take back them at
that value, then the custody of the goods shall be handed over to him or
her, upon a deed being executed by him or her. If the owner of goods doe
not so accept, the goods may be sold by auction as if they were the
perishable goods as mentioned above. 189
Number 35. If, in executing forfeiture or confiscation, any old book that is worth being
held in a government library is found, a submission shall be made to the
Government of Nepal for a reply whether such a book has to be held in a
government library or not, and a reply is received to the effect that it is so
reasonable, and if such book has to be forfeited or confiscated for the
recovery of amount, a bid for auction shall be invited and such value of
the book as equal to the bid shall be applied against the forfeiture or
confiscation, and if it is not required to so apply the value against the
forfeiture or confiscation, the book shall be directly given to the
government library, and a receipt thereof shall be obtained.
Number 36. If, in executing forfeiture or confiscation, any such arms and ammunitions
as prohibited by the Government of Nepal are found, such goods shall not
be sold by auction. There shall be inquired into whether the person in
question has obtained pass, if any, so required, an inventory of the goods
so found shall be made, and a notice or submission shall be sent or made
to the District Administration Office190 and it shall be done as sanctioned
by that Office.
Number 37. Where a person who is deputed by the office to carry out acts including
setting aside the partition share for the purpose of confiscation, forfeiture,
attachment to, or making an inventory of, partition share in property for
the recovery of any due amount in question, fine and imprisonment as
well, or setting aside the same for the purpose of the recovery of amount
in question and foreclosure shows up for the same, the member of the
189 Inserted by Some Nepal Acts Amendment Act, 2048
190 Inserted by Some Nepal Acts Amendment Act, 2048
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concerned Village Development Committee or Municipality,191 Talukdar
and local gentleperson, as well, shall render all such assistance as required
to carry out the acts, by searching, showing and identifying the concerned
person and his or house, and property liable to forfeiture, and witness and
sign such deeds as required to be executed in relation thereof. One who
fails to do so shall be liable to a fine not exceeding One Hundred Rupees.
If any persons gets any statement to be recorded stating that a living
person is dead or one having a house does not have it or one who has not
disappeared is disappearing or one who has property has no property or
knowingly gets any false statement to be recorded or executes a false deed
of recognizance or makes obstruction in the discharge of any such act,
such person shall be liable to punishment with a fine not exceeding One
Thousand Rupees or imprisonment for a term not exceeding Fifteen days
or with both punishments.
Number 38. In determining the term of imprisonment in consideration for a fine or
government amount, it shall be so determined as follows as not to exceed
the maximum term of imprisonment as set forth in law:
In determining the term of imprisonment in consideration for failure to
pay a fine where both punishments of fine and imprisonment have been
imposed, the term of imprisonment shall not be so determined as to exceed
the term of more than Four years. Provided that in determining the term of
imprisonment for a minor in consideration for failure to pay a fine, the
term of imprisonment shall be so determined as not to exceed half the term
of imprisonment that can be imposed on a person having attained
majority……………………………….1192
In determining the term of imprisonment in consideration for failure to
pay the fine where punishment of fine only has been imposed for the
commission of an offence punishable with either fine or imprisonment or
with both, the term of imprisonment shall be so determined as not to
191 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
192 Amended by the Ninth Amendment.
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exceed half the maximum term of imprisonment than can be imposed on
that offence……………………………..2
In determining the term of imprisonment in consideration for failure to
pay the fine where punishment of fine only has been imposed for the
commission of an offence punishable with fine only, the term of
imprisonment shall be so determined as not to exceed the term of Two
years…………………………….3
In determining the term of imprisonment in consideration for the
government amount in question not recovered from the forfeiture of
property, the term of imprisonment shall not be so determined as to exceed
One year for the amount not exceeding One Thousand Rupees, Two years
for the amount not exceeding Five Thousand Rupees, Three years for the
amount not exceeding Ten Thousand Rupees, and One year for every sum
of One Thousand Rupees for the amount exceeding Ten Thousand
Rupees. Even if, in so determining the term of imprisonment, the term of
imprisonment is more than Ten years, the term of imprisonment shall be
so determined as not to exceed Ten years………………….4
Number 39. Where the sentence of fine is imposed pursuant to Number 10 of this
Chapter and the judgment has to be imprisonment for the failure to pay the
fine, the amounts of all fines shall be set down, and the judgment debtor
shall be imprisoned for that fine in consideration for the failure to pay
which carries the highest term of imprisonment. If the judgment debtor
tenders payment, he or she shall not be allowed to pay money in
consideration for the determined term of imprisonment only, and the
remaining amount upon deducting the amount against the service of
imprisonment from the total amount of fine imposed on him or her shall
be collected from him or her.
Number 40. While determining the term of imprisonment, the term of imprisonment
shall be determined in accordance with the following provisions:
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In determining the term of imprisonment where the punishment of
imprisonment has been imposed, the term of imprisonment shall be so
determine as to include the whole of the years, months and days as
specified……………………………..1
If, in determining the term of imprisonment for failure to pay money in
consideration for a fine, ten percent fee, Five percent fee, fee for
compromise and amount in question as well, it is required to determine the
term of imprisonment for some years, months and days or years and days
or months and days, the term of imprisonment shall be so determined that
it consists of the full year or month, and some days that do not make a
month shall all be ignored. Provided that if it is required to determine the
term of imprisonment only for some days that do not make a month, the
term of imprisonment shall be so determined as to consist all the
calculated days of imprisonment which the judgment debtor has to
serve…………………….2
Even where it is required to sentence the same person to imprisonment, at
a time, or on compound with already determined term of imprisonment, in
consideration for any money including a fine, ten percent fee, Five percent
fee and fee for compromise in more than one case, that person shall be so
sentenced to imprisonment as ignoring such some days as they do not
make a month and required to be ignored in relation to each and every
case in accordance with the provisions set forth in Section 2
above…………….3
After the determination of the term of imprisonment only for such month
and year as set by ignoring some days in accordance with the provisions
set forth in Sections 2 and 3 above, if the judgment debtor tenders
payment of money in consideration for imprisonment where so is allowed,
the term of imprisonment already served shall be remitted from the
determined term of imprisonment, and money shall be collected in
consideration for the remaining term of imprisonment in accordance with
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law. Money shall not be collected for such some days as have been so
ignored……………………………4
Number 41.193 If the term of imprisonment imposed on the same person is to be
determined in relation to several counts in the same case or several cases,
the term of imprisonment shall be so determined for the same count or
several counts in the same case or several cases as not to exceed the
highest term of imprisonment that can be imposed for such count, out of
the counts, that carries such highest term of imprisonment. Where, after
such determination of the term of imprisonment, it is required to determine
the term of imprisonment for another count prior to the completion of the
service of imprisonment, and the total term of imprisonment determined
earlier is lesser that the term of imprisonment to be determined later for
that other count, the term of imprisonment shall be so determined as not to
exceed the maximum term of imprisonment determined later for that other
count, with the term being counted from the date on which the judgment
debtor has been held in detention upon such earlier determination. If the
term of imprisonment to be determined later for that other count is lesser
than that of imprisonment determined earlier, it is not required to
determine the additional term of imprisonment. Its record shall be
mentioned in the judgment, prisoner slip and book on determination of
term of imprisonment, and even if the term of imprisonment to be
determined later is lesser than that of imprisonment determined earlier and
the service of imprisonment by the judgment debtor as per the earlier
determination is not enough to complete the whole term for the biggest
count, the judgment debtor shall be sentenced to imprisonment for the
later count only for a term of such remaining days. If the terms of
imprisonment for several counts are equal, the term of punishment for any
of such counts shall be determined for service. In the case of the other
counts, its record shall be mentioned in the judgment, prisoner slip and
book on determination of term of imprisonment. If, after the judgment and
193 Amended by the Seventh Amendment.
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prior to serving imprisonment or while in detention or imprisonment or
while being released or absconded from detention or imprisonment,
another offense is committed, additional term of imprisonment shall be
determined for service for that other offence, in accordance with law.
Number 41A.194 Notwithstanding anything contained in the other Numbers of this
Chapter, if a person sentenced to fine or imprisonment appears in the
office at the time of final judgment and agrees to pay the fine or serve the
sentence of imprisonment or the judgment debtor such punishment
voluntarily appears in the judgment making office or the record
maintaining office within sixty days of the date of judgment in order to
pay the fine or serve the sentence of punishment, punishment shall be
executed by maintaining the record of the sentence that remains upon
making twenty percent remission from the punishment of fine and
imprisonment imposed on him or her.
Number 41B.195 If the alteration of the boundaries of rural areas, municipal areas,
districts196 or zones has resulted in a change in the address of the judgment
debtor of a fine, imprisonment, amount in question or any government
amount as per the judgment, the office shall update the records, by making
correction therein accordingly. Even the Government of Nepal or the body
making alteration in boundaries shall publish in the Nepal Gazette a notice
of such alteration in the boundaries of the concerned rural areas, municipal
areas, districts197 or zones.
Number 42. In the case of the recovery of amount in question, no such recovery shall
be executed until an application is made by the person entitled to such
recovery. If an application for forfeiture, accompanied by a copy of
judgment issued duly, is made for the recovery, within the following timelimit,
such recovery shall be effected in accordance with the following. No
194 Inserted by the Ninth Amendment.
195 Inserted by the Ninth Amendment.
196 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
197 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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application shall be entertained after the expiration of that time-limit, and
no recovery of the amount due upon the judgment shall be effected if the
date fixed by the office for making presence is expired despite that
application has been made within the time-limit.
Application shall be made within Three years after the date of final
judgment awarding the recovery of amount in question.198 If the judgment
holder tenders an application within the mentioned time-limit, the
application shall be received, with statements, inter alia, he or she shall
keep on making presence on the date fixed by the office pending the
completion of the recovery of amount in question, show the property to be
attached or forfeited, and that it shall be dealt with in accordance with law
if he or she expires the date fixed for making presence, and the applicant
shall be kept on recognizance; and a process or notice shall be issued to
the judgment debtor within Seven days of the date of application,
ordering the judgment debtor to tender payment of such amount in
question and Five percent amount, if any, as payable by and recoverable
from him or her not later than Thirty Five days of the date of receipt or
affixation of the process or notice, and stating that in the event of failure
of the judgment debtor, forfeiture or attachment shall be made in
accordance with law; and if the judgment debtor fails to tender the amount
in question, Five percent fee within the said time-limit, the recovery shall
be effected by making forfeiture or attachment in accordance with
law………………………1
If the amount in question cannot be recovered in full from the forfeiture
made pursuant to Section 1 above, the judgment debtor shall, within seven
days after the recovery from the previous forfeiture, make an application,
also accompanied by the ration costs equal to that which prisoners,
detainees are entitled to, for consumption during imprisonment, to
imprison the judgment debtor in consideration for the non-recovered
198 Amended by the Seventh Amendment and the Ninth Amendment.
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amount in question if such imprisonment is allowed pursuant to Number
19 of the Chapter on General Transactions, Number 10 of the Chapter on
Insolvency, Number 10 of the Chapter on Defaulter of Dues, Number 10
of the Chapter on Theft and Number 9 of the Chapter on Arson. If such
application is made, the chief of office shall execute a memorandum to
that effect and sentence the judgment debtor to imprisonment. Only where
the judgment debtor is not so sentenced to imprisonment or only where
concealment of property subject to forfeiture or attachment previously has
been made in the case where the judgment debtor cannot be so sentenced
to imprisonment, application shall be made, within Two years after the
previous recovery, upon finding out the movable and immovable property
concealed. If the judgment debtor makes an application setting out the
inventory of the concealed movable and immovable property, within the
said time-limit, the recovery of amount in question shall be made to the
judgment holder, by auction selling the property so found out, by fulfilling
the requirements of law. If the amount of question as recoverable cannot
be recovered in full even after the action as mentioned, the judgment
holder shall not be entitled to make claim, attachment and forfeiture in
duplication against the judgment debtor for the remaining amount. Any
deed whatsoever, including a bond and account book in relation thereof
shall be obliterated and voided……………………..2
Where recovery of amount in question is made by the office without
undergoing the procedure of forfeiture or such recovery of amount by
undergoing such forfeiture is made, the ten percent fee and Five percent
fee shall be realized at the same in accordance with
law……………………………..3
Where the judgment debtor is residing in another jurisdiction and recovery
has to be made by serving a process through another office, action shall be
taken within fifteen days after the days required for journey, in presence of
the owner (judgment holder) if he or she makes presence to show property
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to be forfeited or attached, and failing the presence of the owner, by the
office itself…………………4
Where the applicant judgment holder expires the date fixed by the office
for making presence, action shall be taken pursuant to Number 48 of this
Chapter and the record of amount in question shall also be
obliterated…………………………….5
Number 43.199 If, after the judgment and expiration of the time-limit for making appeal,
the judgment holder is prevented by the judgment debtor from foreclosing
any property or goods under the judgment, except the amount in question
recoverable by way of attachment or forfeiture of property:
An application for foreclosure has to be made to the office authorized to
make foreclosure, not later than Two years after the date of final
judgment. However, after the expiration of the said time-limit of Two
years, application may be made again within One year after the date of
expiration of the first time-limit of Two years only when the fee that is
half the fee chargeable by law and the judgment in relation to the property
subject to foreclosure. After the time-limit, no application may be made
and the office is not also required to execute the judgment for
foreclosure………………….1
If the judgment holder, after the final judgment holding the holder entitled
to the property in question, makes an application for effecting foreclosure
in the property within Two years after the date of judgment, the office
shall effect the foreclosure. It is not required to make a separate suit for
foreclosure. In so effecting the foreclosure, the office shall serve a notice
on the applicant judgment holder to furnish such court fee as payable by
law, fee that is Two and half percent of the amount in question, the fee
that is Two and half percent of the amount in question that has been set
according to the reasonable value where the amount in question has not
been set out not later than Thirty Five days after the date of receipt of the
199 Amended by the Seventh Amendment.
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notice. If the time-limit of Two years or Thirty Five days has expired, and
application is made within One year after the date of expiration of that
time-limit, accompanied thereby the fee that is One and half of the said
fee, the foreclosure shall be effected. The office is not required to effect
foreclosure after the expiry of the said timelimit200……………………………
1a.
After an application is made pursuant to sub-section 1 and 1a.,201 the
office shall give a receipt thereof and fix the date for making presence by
the applicant and issue a process or notice within seven days, and the
office itself shall effect the foreclosure of the property if it is situated
within its jurisdiction and through another office if it is situated within the
jurisdiction of that other office by sending a required to that office in that
jurisdiction, no later than Three months………….2
In effecting foreclosure, it shall be effected in presence of a member or
representative of the concerned Village Development Committee or
Municipality,202 the plaintiff, defendant or their representative, if any
available, a representative of the Local Body and local gentlepersons, as
well,203 and the foreclosure evidence or proof shall also be given. If the
judgment debtor or any other person makes hindrance or obstruction in
effecting foreclosure, the foreclosure shall be effected by using necessary
force, with the assistance of the Village Development Committee or
Municipality,204 and police as well, if so required, and the one who makes
such hindrance or obstruction shall be arrested and produced before the
office. The person making such hindrance or obstruction shall be liable to
punishment of a fine not exceeding One Thousand Rupees or
imprisonment for a term not exceeding Fifteen
days…………………………….3
200 Inserted by the Ninth Amendment.
201 Inserted by the Ninth Amendment.
202 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
203 Amended by Court Management and Administration of Justice Related Some Nepal Acts Amendment
Act, 2058.
204 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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If the house or shop containing the property to be foreclosed is locked up
and the judgment debtor is present, the foreclosure shall be effected by
asking the judgment debtor to open the house or shop. If the judgment
debtor is not present, the process or notice shall on the same day be
affixed to the door of the house or shop to be foreclosed, and such process
or notice shall state that the judgment debtor shall vacate the house and
shop within fifteen days, and then on any day thereafter, the employee of
the office shall visit the sit, break the lock and effect foreclose by way of
forfeiting, taking possession of, and auction selling the property, and
forfeiture shall be effected accordingly. If the property is taken into
possession and auction sold, the remaining proceeds or sum shall be
refunded, by deducting therefrom ten percent amount if the judgment
debtor shows up within One year after the date thereof, and upon the
expiration of the said time-limit, it is no required to refund, and it shall be
credited into revenue…………………..4
Where foreclosure is effected once but the judgment debtor makes
hindrance and does not allow the judgment holder to own and posses the
property, the judgment debtor shall be punished with a fine of up to One
Thousand Rupees or imprisonment for a term not exceeding One month
for each instance, and the foreclosure shall again be effected in relation to
the property previously foreclosed in accordance with the judgment. The
judgment holder is not required to make a suit again for the foreclosure
accordingly. The foreclosure shall be effected upon the application itself,
and no fee shall be payable for effecting foreclosure in such a
case205…………………………..5
If, in a case containing a partial claim over a house or land, the direction
or side of such house or land is not set out, the office may, in respect of
205 Amended by the Ninth Amendment.
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such a claim, set aside it in presence of the parties, by taking into account
of advantageous and disadvantages positions206…………...…………6
Number 44. Where a suit is filed to effect registration, transfer or transmission owing
to the failure to make such registration, transfer or transmission within the
time-limit, and judgment is made holding the judgment debtor liable to
effect such registration, transfer or transmission, the judgment making
office shall send a notice to the office making registration or transmission
in accordance with the judgment to effect such registration or transmission
after the expiry of the time-limit for making appeal, and maintain records
as if it were the record of the judgment debtor; and the judgment holder
shall make an application to the office executing judgment decree for the
execution of the action under the judgment, not later than six months after
the date of disposal of appeal by appeal judgment where appeal has been
made and after the date on which complaint cannot be entertained upon
the expiration of the time-limit for making appeal has expired where
appeal has not been made. If an application is made within the time-limit
mentioned above, the office making judgment decree shall hold the
applicant on recognizance and examine and inquire whether the situation
has occurred barring the appeal against the judgment or not, and where the
situation has occurred barring the appeal against the judgment, the office
making judgment decree shall, no later than fifteen days after the date of
application, send a slip to the office making registration pass or
transmission to effect registration pass or transmission pursuant to the
judgment, since there has occurred the situation barring the appeal against
the judgment and also give a slip to the applicant, stating that a slip has
already been sent on such-and-such date to such-and-such office for the
execution of judgment, so the applicant is thereby required to make
presence in that office not later than Thirty Five days of that day and
request for the same, and a receipt of acknowledgment by the applicant of
206 Inserted by the Court Management and Administration of Justice Related Some Nepal Acts Amendment
Act, 2058.
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the slip shall also be taken and retained in the record. In the event of
failure to make an application within the time-limit, a registration order
slip shall not be issued. If, in the case of a transfer and transmission, an
application is made after the expiration of that time-limit or presence is
made pursuant to the slip, the transfer or transmission shall be effected as
mentioned, by imposing a fine of One part of the Four parts of the revenue
for each year. In so imposing the fine, the amount of fine shall not exceed
the amount of the revenue irrespective of the number of years.
Number 45. Where a judgment is passed allowing preemption by making payment of
the price deposited to the creditor and the situation has occurred barring
the appeal against the judgment, the judgment debtor shall discontinue the
ownership and possession of the house and land and make presence in the
office where deposit of price is made in order to take payment of the price
deposited, not later than Three years after the appeal barring date. The
judgment debtor shall not continue possession without paving the way for
preemption, stating that he or she has not received the price deposited. The
judgment holder entitled to preemption shall be entitled to use it. If the
judgment debtor makes presence within the office where deposit of price
is made in order to receive the price deposited, the office shall cause the
payment of the deposited price in accordance with the following
procedures. If the judgment debtor fails to make presence to receive the
price within the time-limit, he or she shall not be entitled to the same after
the expiration of the time-limit.
If the creditor makes presence within Three years or the time-limit for
making appeal to receive the deposited price and pave the way for
preemption, the procedures set forth in Number 5 of the Chapter on
General Transactions shall be followed in the case of preemption of an
immovable property, and an endorsement shall be made on the deed, if
any produced, and where the deed has not been produced for any reason, a
receipt signed by him or her shall be taken from him or her, which shall
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and-such reason, he or she has given the receipt by taking payment of the
price and that as and when he or she finds the deed, he or she shall
surrender it to the judgment holder, and the price that remains after
deducting the money payable under the judgment and law from it shall be
provided; and if the judgment holder is present in the office, the voided
receipt and the documents surrendered along with the deed shall be
handed to him or her, and where the judgment holder is not present in the
office, the office shall retain the voided receipt and the documents
accompanied with the deed and post a notice or process in the name of the
judgment holder thereby ordering him or her to make presence to receive
the deed endorsed by the creditor upon taking payment of the price and the
documents produced along with the deed, and hand over the same
whenever he or she is so present to receive
them…………………………………..1
Where a judgment is made allowing the preemption of a movable property
and the judgment holder is also present at the time when the judgment
debtor (creditor receiving the deposited price) is present to receive the
price within the time-limit for the receipt of payment of the deposited
price, an endorsement shall be made on the reverse side of the deed or a
receipt taken pursuant to Number 5 of the Chapter on General
Transactions, and the endorsement or receipt and the property to be
preempted shall also be handed over, and the deposited price shall be
provided to the creditor upon deducting therefrom the money as payable
pursuant to the judgment and law; and if the judgment holder is not
present, then the date shall be fixed for the creditor receiving the price to
make presence, thereby stating that as a process or notice is being issued
to the preemptor debtor to make presence to receive the property subject to
preemption within Thirty Five days after the time required for journey, the
creditor is thus required to make presence along with the property to be
preempted on the date fixed for making presence, and a notice or process
in the name of the preemptor debtor shall also be posted, stating that since
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the creditor has made presence to receive the deposited price, the
preemptor debtor is therefore required to make presence to examine and
receive the property to be preempted within Thirty Five days excluding
the time required for journey and that he or she shall be liable to a fine in
the event of failure to make presence within the time-limit; and if the
preemptor debtor is present within the time-limit, the property subject to
preemption shall be handed over to him or her by voiding the deed and
executing the receipt pursuant to the provisions set forth in Section 1
above, and the price to be provided to the creditor shall be provided to him
or her in accordance with the provisions set forth in section 1
above………….2
In the event of failure to make presence within the time-limit for the
receipt of property, a process shall be issued to arrest and produce the
preemptor within fifteen days after the date of expiration of the time-limit,
there shall be imposed on and collected from him or her the fine pursuant
to section 4 below for reluctance to receive the property within the timelimit,
and the deposited price shall be handed over to the creditor in
accordance with the provisions set forth in Section 1
above……………………………3
If the judgment holder makes an application for preemption at a time
within the time-limit of Three years to receive the price prior to making
presence by the creditor to receive the deposited price, he or she shall be
held on recognizance pending the completion of preemption proceeding,
and there shall be posted a notice or process in the name of the creditor,
stating, inter alia, that as the preemptor has made such and such
application, the creditor is therefore required to make presence, along with
the deed and documents and the movable property, if any, to be preempted
in order to receive the deposited price, within Thirty Five days excluding
the time required for journey; and if the creditor makes presence, the
matter shall be dealt with as mentioned above, and in the event of failure
to make presence, a process shall be issued to arrest and produce the
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creditor within fifteen days after the date of expiration of the time-limit,
there shall be imposed on and collected from him or her the fine of a sum
by ten percent of the deposited price for reluctance to obey the order of the
office to make presence and receive the price within the time-limit, and
the deposited price shall be handed over to the creditor in accordance with
the provisions set forth in the various sections above, and the property to
be preempted and the documents, as well, shall also be handed to the
preemptor…………4
In the case of preemption of a movable property, if even after the issuance
of a notice or process to arrest the creditor because of his or her failure to
make presence within the time-limit, the credited cannot be arrested or
produced within Thirty Five days after the expiration of the time-limit or if
the arrested creditor is able neither to produce the movable property to be
preempted nor to furnish a reasonable reason for the failure to produce it
even upon holding him or her in detention for fifteen days, an inventory of
the property belonging to the creditor shall be made and if the property to
be preempted is found, the property shall be provided and the deposited
price shall be handed over. If the movable property to be preempted is not
found, the deposited price shall be applied against the price (amount in
question) of the property to be preempted, and in consideration for the
shortfall amount, the proceeds of the auction sale of the property forfeited
and the deposited price shall also be provided to the preemptor debtor; and
if the preemptor debtor makes and application for imprisoning the
defaulter creditor in consideration for the remaining or shortfall amount, in
accordance with Number 19 of the Chapter on General Transactions, there
shall be imposed a fine on the creditor failing to produce the property
within the time limit, in accordance with the provisions set forth in section
4 above, and the creditor detained shall be released in accordance with
law…………………………5
Number 46. If judgment is made for partition by setting aside partition shares by the
office itself, partition shall be effected in accordance with the following,
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while making partition by setting aside partition shares under the
judgment:
No partition shall be effected in the absence of an application by the
partition receiver or the partition giver irrespective of the value of property
subject to partition. An application has to be made to the office setting
aside partition shares not later than Two years after the date of final
judgment awarding for partition. After the expiration of the time-limit of
Two years, an application may be made again within One year after the
date of expiration of the first time-limit of Two years only upon payment
of half the Ten percent fee payable under the judgment. If an application is
made within the specified time-limit, partition shall be effected in
accordance with the judgment. After the expiration of that time-limit, no
application shall be taken nor shall partition be effected by the office
………...1
If at the time of making application, the partition giving or the partition
receiving person is residing elsewhere than the place set forth in the plaint
or the statement of defense and makes an application, accompanied also
by a copy of the judgment awarding the partition share to be given or
received pursuant to Number 42 of this Chapter, stating that he or she is
residing at such-and-such place at the moment, shall keep on making
presence of the dates fixed for such presence until completion of the
partition proceeding, then the application shall be registered if it is made
within the time-limit and the limitation for appeal has already expired, and
there shall be endorsed on the top of the copy of the judgment that the
application has been made on such-such-date, with such endorsement
being signed by the chief of office and bearing the seal of office, and be
returned to the applicant, and partition shall be effected by summoning the
presence of both the partition giver and receiver and setting aside partition
shares in accordance with the judgment…………………2
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Where judgment is made setting aside partition shares for more than One
person and some but not all of them have made application within the
time-limit, in the case of those who have not expired the time-limit for
application, there shall be affixed a process or notice stating that
application has been made by such-and-such person, if they make
application within Fifteen days if the time-limit for making application is
remaining more than fifteen days, excluding the time required for journey,
and, within the remaining time-limit, in the case of those whose time-limit
remains less than that, then the partition shall be effected by setting aside
partition shares at the same that in presence of all including them, and if
they fail to make presence, their complaint that partition shares have been
set aside in their absence and that injustice has been done to them or
disparity has occurred in partition shall not be entertained; and if they
make presence and application with the time-limit prior to effecting
partition and their application shall be received; if all of those making
application within the time-limit do not make presence at the same time,
partition shall be effected by setting aside the partition shares also for
those who are absent. The partition shares shall be set aside, pursuant to
the judgment, only for those who make application within the time-limit.
One who fails to make presence within the time-limit shall not be entitled
to make a complaint claiming that partition shares have been set aside in
his or her absence, that injustice has been done to them or that disparity
has occurred in partition………………3
If, prior to an application by the partition receiver, an application is made
by the partition giver within the time-limit for the partition receive to
make application, stating that he or she shall give all such partition shares
as set forth in the inventory and to be given pursuant to the judgment and
that he or she should therefore be released from the case, and if the
limitation for making appeal has already expired and the partition receiver
is not found, then the presence of the partition receiver shall be summoned
by posting a process or notice in accordance with sub-section 2 of section
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8 below and the partition giver shall be released by provision partition
shares pursuant to the judgment and law. If the application does not state
that he or she shall give all that is required to be given, it shall not be
entertained. It shall be returned with an endorsement on it that it shall be
in accordance with law at the time of application by the partition
receiver………………4
If an application is made by the partition giver or the partition receiver,
and it appears necessary to hold the partition giver, receiver and the person
taking custody of the property set forth in the inventory on recognizance
as far as possible for setting aside partition shares in the course of
execution of the judgment, the action shall be served by setting aside
partition shares, upon holding the coparceners who are present and found
on recognizance or under requirement to make presence on the fixed date
until the partition is completed. Where an application has been made by
the partition receiver prior to the completion of the setting aside of such
partition shares as required to be set aside, and the date fixed for making
presence has been expired either by both the partition receiver and the
partition giver or by the partition receiver, and where an application has
been made by the partition giver, and the date fixed for making presence
has been expired by both the partition receiver and the partition giver
before the presence of the partition receiver or after the presence of the
partition receiver, and if they fail to extend the time within the time-limit
set forth in law, then it is not required to set aside the partition shares of
the remaining property to be partitioned after the expiration of the timelimit
for the expansion of the time-limit. The action shall be dismissed, for
contents to be records, and the record shall be obliterated………………..5
If an application is made by the partition receiver and by the partition
giver, action as required shall be initiated within Three days of the
registration of application for the setting aside of partition shares, and if
the partition giver or the partition giver is not found, proceedings as
referred to in section 8 below shall be taken, and where it is required to
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summon the presence of those who are absent, action shall be served or
completed as soon as possible but not later than Three months, pursuant to
Number 42 of this Chapter, after the date of presence or the date of
expiration of the date or time-limit for making presence and after the date
of application if found, excluding the time-limit allowed for making a
leave………………………..6
If an application is made on the setting aside and receiving and giving of
partition shares, the office shall, within Three days of the registration of
the application, depute an employee, to be accompanied by the person
making application pursuant to section 1 above, and a notice or process, as
referred to in Section 8 below, summoning the presence of the custodians
of the property to be partitioned if the partition giver or the partition
receiver is not found or the informed family member attorney living
jointly with the partition giver does not show up to show and set aside
partition shares shall be written down, sealed and then given to the
employee to serve or post to that effect, and where it has to be sent to the
jurisdiction of another office, the date shall be fixed for making presence
by he applicant, and a request shall be sent to that office in such
jurisdiction to perform the proceeding within such time-limit as may be
reasonable, and that other office shall also carry out any such act as may
be required to perform the proceeding within the time-limit in accordance
with law and sent a notice thereof to the former
office……………………………..7
While dispatching an employee or making a visit by the employee in order
to effect partition pursuant to the judgment, the coparcener giving partition
share pursuant to the judgment or the coparcener taking custody of the
property as set forth in the inventory or if such coparcener is not found,
the informed member living with him or her in common family shall show
and produce such property as set forth in the inventory and as to be
partitioned and set aside the same in accordance with law and the
judgment. If the coparcener who is obliged to give partition share and
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takes custody of the property is not found and even the members living
with him or her in common facility do not show all properties as set forth
in the inventory, the following notice or process shall be affixed for the
partition giving and the partition receiving coparceners, and if the
coparcener fails to make presence within the time-limit of the notice or
process to show and set aside partition shares or does not send any one for
that purpose or despite presence, he or she is reluctant to show the
properties to be partitioned, then the properties locked in any house or
premise shall be opened also in presence of the persons as set forth in
Number 30 of this Chapter, and the properties as set forth in the inventory
shall be partitioned by the office itself…………………..8
If it is required to summon the presence of the coparcener bound to set
aside partition shares or the coparcener taking custody of the properties set
forth in the inventory, there shall be posted or affixed a process or notice
in the name of the coparceners in custody of properties to be partitioned,
and such process or notice shall state such matters as may be required,
including that whereas such-and-such person, a resident of such-and-such
person, has made an application on such-and-such date, for the separation
and provision of partition share from you in accordance with the
judgment, whereas, upon making inquiring into the matter, it appears that
the limitation for making appeal has already expired, and whereas, upon
sending a commission by this office to set aside partition shares, he or she
has not been found nor has any of his or her informed members living with
him or her in common family showed up to show and set aside such
properties as set forth in the inventory and as to be partitioned, now
therefore the process or notice has been affixed to his or her house door,
and he or she is thereby required to make presence in person in that office
or send an attorney if he or she is not able to make presence in person
within fifteen days excluding the time required for journey, in order to
show all such properties in his or her custody as set forth in the inventory
and as to be partitioned, and set aside and give partition shares
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accordingly, and that upon his or her failure to make presence in person or
to send an attorney, the office itself shall make attachment to the
properties in his or her house in accordance with law, set aside such
partition shares as may be shown in the inventory and partition deed, that
if the attached property is sufficient, the custody of his or her property
shall be handed over to his or her heir or reasonable person, and that if the
attached property is not sufficient, the shortfall shall be deducted and
recovered from his or her partition share, and even upon such deduction
and recovery, the shortfall cannot be recovered, then he or she shall be
liable to punishment for failing to produce properties in entirety, and the
coparcener shall be entitled to get recovery of the shortfall partition share
from him or her; in the case of Five percent fee, if chargeable, the fee shall
be recovered by auction selling his or her property to the extent
recoverable from his or her partition share, and if the fee is not so
recoverable from such attachment, it shall be recovered in accordance with
law, and subsequently his or her complaint shall not be entertained; and
that even if, prior to the completion of partition proceeding, he or she
makes presence after the expiration of the time-limit, partition shares shall
be set aside also in his or her presence…………………………….1
If, prior to making an application by the partition giving coparcener, an
application is made by the partition receiving coparcener, and the partition
receiving coparcener is not found and is required to be summoned to make
presence, then there shall be posted or affixed a process or notice in the
name of that coparcener, and such process or notice shall state such
matters as may be required, including that whereas such-and-such person,
a resident of such-and-such person, has made an application stating that he
or she would provide all such partition share as required to be provided
pursuant to the judgment and deed of partition and that he or she should
be released from the case, and whereas, he or she has not been found, now,
therefore, the process or notice has been affixed or posted, and he or she is
thereby required to make presence or send an attorney, along with the
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deed of consent, within fifteen days if the time-limit for making
application is remaining more than fifteen days, excluding the time
required for journey, and, within the remaining time-limit, in the case
where the time-limit remains less than that, in order to receive his or her
partition share, and that upon his or her failure to make presence in person
or to send an attorney, the office shall set aside his or her property in
accordance with the judgment and deed of partition and hand over the
custody of such property to a reasonable person, and subsequently his or
her complaint shall not be entertained ……………………………2
If the coparcener bound to give partition share fails to make presence
within the time-limit or the date fixed for making presence and the litigant
or any of his or her informed members living with him or her in common
family or his or her attorney makes presence after the expiration of the
time-limit but prior to the completion of partition proceeding in
accordance with the judgment, all proceedings whatever required to be
performed shall be performed also in presence of them in accordance with
the law and judgment……………………..9
If the partition giving coparcener is not present in person nor does he or
she send an attorney within the time-limit posted for the provision of
partition share in accordance with the judgment, action shall be taken, or
cause to be taken, for the execution of the judgment within Three days
after the expiration of the said time-limit…………………..10
If the properties shown by the litigant bound to give partition share who is
found in the course of executing the judgment for partition or is present
within the time-limit of the notice or process affixed or posted or despite
that such litigant is neither found nor presence, by his or her heir attorney
or attached by the office in the event of their failure to make presence are
found in entirety as set forth in the partition deed, then partition shares
shall be set aside pursuant to the judgment and partition deed, and the Ten
percent fee and Five percent fee and other chargeable fee shall be
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collected in relation to the partition shares so set aside, in accordance with
the law and judgment………………….11
Where, in order for setting aside partition shares upon taking property
from the partition giving coparcener to execute the judgment, it is required
to draw out properties and foreclose the same by opening the closure, and
the coparcener bound to do it or informed member living with him or her
in common family does not show and set aside, and draw out and vacate
the properties to be partitioned despite presence or fails to make presence,
and such action has to be taken by the office itself, then the office shall
open the closure, attach the properties and do whatever required by the
law and judgment in presence of them if they are so present, and, if they
are absent, in witness of the persons as set forth in Number 30 of this
Chapter……………………..12
If the coparcener in custody of property to be partitioned, irrespective of
while setting aside partition shares upon making presence or while setting
aside partition shares upon his or her failure or reluctance to make
presence within the time-limit to show and set aside the properties to be
partitioned, does not show all property as set forth in the inventory and
deed of partition but shows only some property or does not show any
property at all or no property is found or if the property shown or found is
not the same as mentioned in the inventory and deed of partition but is
different or in alteration, and the shortfall property is not produced by the
coparcener in custody of property to be partitioned, then the amount of
property as required for the partition share of the coparcener receiving
partition share shall be set in view of the movable and immovable
properties as set forth in the inventory and deed of partition as far as
possible and that amount shall be recovered from the partition share of the
coparcener in custody of property to be partitioned. If it is not sufficient
even upon such recovery and if there appears such other movable and
immovable property belonging to the coparcener who does not produce
other property than set forth in the inventory, such property shall be
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applied in substitution for the shortfall amount; and if the shortfall is not
so recoverable, the amount of such movable property as required for such
recovery and as set forth in the inventory and deed of partition shall be set
as per its value therein set forth and the reasonable value of the movable
and immovable properties not set forth in the inventory and deed of
partition shall be set and recovery shall be made therefrom. Where
recovery cannot be made even therefrom, there shall be imposed a fine set
forth in Section 16 below for failure to produce all such property in own
custody as required to be produced or failure to produce the same in
entirety……………………….….13
If the coparcener entitled to partition share does not show up to receive the
partition share of the coparcener in custody of property to be partitioned
that has remained in the course of setting aside partition shares by the
office itself for the reason that the partition share giving coparcener has
not been present or found for setting aside the partition shares and such
partition share of the coparcener receiving partition share as set aside upon
an application made by the coparcener giving partition share for providing
partition shares and then being released from the case, prior to making
application by the coparcener receiving partition share, and neither such
entitled coparceners nor their informed members living in common family
do appear to receive the partition shares so remaining, and such shares
consist of perishable goods or properties, then such goods or properties
shall be auction sold and in the event of the ten percent fee and Five
percent fee being chargeable, such movable and immovable property as is
sufficient to cover such fees shall be auction sold in accordance with law,
and the ten percent fee and Five percent fee shall be deducted and
recovered from the proceeds of sale, there shall be made an inventory of
the remaining cash and other remaining movable and immovable property,
and the custody of the property and One copy of the inventory shall be so
handed over to the heir to the receiver or a reasonable person that they
shall be handed over to the receiver as and when he or she shows up to
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receive the same, and there shall be posted a process or notice on the
house of the receiver, stating that since he or she has not showed up to
receive the property, the custody of the property has been handed over to
such-and-such person, and he or she is thereby required to receive the
same in accordance with the inventory, and subsequently he or she shall
not be entitled to make a complaint…………….14
The coparceners shall receive the partition shares as set aside by the office
in accordance with law. No coparcener shall make reluctance to receive
the set aside share stating that he or she is not satisfied with it. If he or she
is not so satisfied, he or she shall set down in the receipt the matters which
he or she is not satisfied with and that he or she shall make a complaint for
justice on such-and-such matters, and then receive the partition share set
aside by the office, and he or she shall then make a complaint on such
matters and pray for justice, within the time-limit set forth in law. The
coparcener failing to receive the partition share shall be fined with five
percent of the amount of movable property in question and One percent of
the amount of immovable property in question, and the partition shall then
be handed over to him or her. If the coparcener refuses to receive the
partition share even upon imposition of the fine on him or her, its custody
shall be so handed over pursuant to Section 14 above that it will be handed
over as and when the coparcener shows up to receive the same…..15
Except in cases where the coparcener who takes the custody of movable
and immovable property to be partitioned furnishes evidence to prove loss
and damage, due to a natural calamity, to the movable and immovable
property to be given by him or her as per the inventory, if such coparcener
does not show all properties and then set aside partition shares and the
partition share of a coparcener is not fully covered even from the movable
and immovable property not shown, then such responsible coparcener who
is present shall be held in custody and asked to produce the property. If
such a coparcener fails to produce the same even after holding him or her
in custody for up to Fifteen days, he or she shall be held to have
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committed dishonesty. There shall be imposed a fine of ten percent of the
shortfall amount in question on the coparcener who is present as well as
one who is not present for the failure to produce all properties as set forth
in the inventory executed by him or her, and such coparcener shall be
sentenced to imprisonment for that fine………………..16
If the coparcener receiving partition share or the heir to him or her in the
event of his or her death searches and finds out such movable and
immovable property that is shortfall in his or her partition share in
executing partition for the reason the such property has been concealed,
and makes a complaint within two years from the date of setting aside of
partition shares, and upon inquiring into the matter, it is held that such
property has been concealed and the recovery of such shortfall is yet to be
made, there shall be imposed a fine of Five percent of the concealed
amount in question on the coparcener who has not produced the property
as set forth in the inventory for such concealment and a fine of Five
percent on the person who has concealed the property despite the
knowledge that it has been tendered for concealment, and the property
shall be provided to the coparcener who has found out the concealment, by
collecting from him or her the Ten percent fee…….17
If, in a case where final judgment has been made thereby holding the
plaintiff to be entitled to partition, the other defendant coparceners also
make an application to have their partition shares set aside, then their
partition shares shall be set aside from the property as held by the
judgment to be partitioned by collecting such court fees as may be
chargeable by law207…………18
Number 47. If a judgment debtor or a judgment holder intends to appoint an attorney to
carry out acts for the execution of the judgment or for having the
execution of the judgment, he or she may appoint as an attorney any
person who is capable of being attorney pursuant to law. No bail or
207 Inserted by the Court Management and Administration of Justice Related Some Nepal Acts Amendment
Act, 2058.
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security is required to be furnished for appointing such an attorney. If the
judgment holder who is entitled to receive payment or have a property set
aside does not make in person to receive the same and intends to give a
deed of consent to be written and signed by him or her in accordance to
anyone to receive the same, he or she may execute such deed, stating that
he or she has consented to such-and-such person to receive payment and
that payment be sent through such person. Any amount or property liable
to be provided shall be handed over to the holder of such deed of consent,
by issuing a receipt of the same and taking the deed of consent and
collecting the Ten percent fee and Five percent fee from the holder of deed
of consent. In the case of foreclosure, the foreclosure may be executed
through the attorney even in the absence of the deed of consent. If
anything is handed over to the holder of deed of consent as mentioned
above, no complaint shall lie on the matter subsequently. In sending an
attorney, the person making appointment of attorney shall execute a power
of attorney, meeting the requirements as set forth in Section 3 of Number
65 of the Chapter on Court Proceedings,208 and such power of attorney
shall state that he or she has appointed such-and-such person, who is
competent to be an attorney in accordance with law, as his or her attorney,
on his or her behalf, that he or she agrees to any action taken by the
attorney, that at the time of execution of the judgment on the case, he or
she shall make presence in person to receive the property or execute a
deed of consent and send any one to receive the same or that he or she
shall show, make payment and set aside any amount, property or thing as
so required through his or her attorney, that he or she himself or herself
shall bear and pay the Ten percent fee, Five percent fee and any penalty
imposed on him or her in the course of the execution of the judgment, and
that he or she shall not make any complaint against anything paid or
handed over to the holder of deed of consent, and the person to be
appointed as attorney shall, on the same day on which the power of
208 Inserted by the Seventh Amendment.
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attorney is submitted, execute a deed expressing his or her consent to
being appointed by such-and-such person as his or her attorney, he or she
shall make presence on the dates fixed for making presence and do
whatever acts are required, and such deed shall meet the requirements as
set forth in section 3 of Number 65 of the Chapter on Court
Proceedings,209 and execution shall be served by doing any acts whatever
required under the law and judgment by causing such deeds as required to
be executed by the litigant to be executed by the attorney.
Number 48.210 Even if a person, who has made an application to have done any such act
as may be required to be done by the office pursuant to the judgment and
remained on recognizance, expires the date fixed for making presence,
proceeding shall not be dismissed. One who applies for the execution of
the judgment may make acceptance or get extension pursuant to Numbers
59, 62 or 175 of the Court Proceedings, as the case may be. If, even after
the time-limit for such extension or acceptance has expired, the concerned
person makes an application meeting the requirements for the institution
of proceeding, within six months after the date of expiration of that timelimit,
action shall be taken by recovering the fee payable by law and a fine
of ten percent thereof. If the person fails to make an application even
within the said time-limit, the original application by such person shall be
closed.
Number 49. Where a period of repayment, provision of a document or allocation of
debtors has been set or made by the office, the Ten percent fee and Five
percent fee shall not be charged. Except in a case as referred to in Number
48 of this Chapter, no claim shall be made on the Ten percent fee and Five
percent fee prior to the recovery of amount in question. Only after such
recovery of amount is made, the ten percent fee shall be recovered from
the person getting such recovery onto the extent of the amount of such
recovery, and where a fine has not been imposed, the Five percent fee
209 Inserted by the Seventh Amendment..
210 Amended by the Ninth Amendment.
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shall be recovered from such person on such amount recovered as on
which the fine has not been imposed.
Number 50. If any person makes a report that any one has stolen, concealed,
misappropriated and used any movable, immovable property of the
Government of Nepal or has caused the commission of such act and
establishes the confession of commission of such offence, the informer
who so establishes confession shall, except as otherwise provided, be
provided with a commission at the rate of Twenty Five percent of the
amount recovered other than that is recoverable along with the yearly
amount and that of Ten percent in relation to the amount other than set
forth, except where a land or Talukdari is to be provided. Such
commission need not be provided where the informer is entitled to a land
or Taluki in consideration for the same.
Number 51.211 If the person so entitled does not show up to get refund of such penalty,
deposit or security, property attached, any property or cash proceeds of the
auction sale of such property as he or she is entitled to by the judgment
within One year after knowing that the judgment has become final, such
person shall not be entitled to get such refund. In the case of a deposit or
security, it shall be credited to the government revenue.
Number 52. If an application is made for the provision and recovery of any such
amount in question that is recoverable by the judgment, a claim that such
amount has been paid in household shall not lie. The recovery of such
amount has to be effected by the office in accordance with law.
Number 53.212 In determining the term of imprisonment in consideration for any
government amount including a government amount in question and fine,
the term of imprisonment shall be determined at the rate of Twenty Five
Rupees for One day.
211 Inserted by the Ninth Amendment.
212 Inserted by the Ninth Amendment.
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Number 53A.213 Notwithstanding anything contained in Number 53 of this Chapter,
where discretionary powers if given by law to specify more or less
punishment in view of the circumstances, and where punishment of fine is
imposed by a judgment, the judgment itself shall specify the term of
imprisonment to be served in consideration for failure to pay the fine.
Provided that in so specifying the term of imprisonment, it shall not be so
specified as top exceed the period to be set by converting the money into
imprisonment pursuant to Number 53 of this Chapter or the term of
imprisonment than can be imposed pursuant to Number 38 of this Chapter.
Number 53B.214 Transportation expenses incurred in arresting and producing a person of
which term of imprisonment has been determined and recorded for service
by him or her and ration allowance as provided by the prevailing law shall
also be provided to him or her.
Number 54. Where it is allowed by law to imprison a person in consideration to the
remaining amount in question not recovered and such person is so held in
imprisonment, then such person cannot be released from imprisonment in
the meantime without repayment of the remaining money in full, prior to
the completion of the service of imprisonment, without consent of the
creditor. If that person promises to repay the remaining amount in full,
then the money in consideration for the term of imprisonment already
served shall be remitted in accordance with law, and the due amount shall
be caused to be paid and recovered to the creditor215…… If, after getting
such person to be imprisoned, the creditor promises that he or she shall not
then claim repayment of amount from him or her and that such person be
therefore released from imprisonment, then the person held in
imprisonment shall be released by causing a deed of consent to be
executed by the creditor. The creditor shall not then be entitled to claim
213 Inserted by the Ninth Amendment.
214 Inserted by the Court Management and Administration of Justice Related Some Nepal Acts Amendment
Act, 2058.
215 Deleted by the Ninth Amendment.
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and cause such person to be imprisoned. The remaining or due ration
expenses cannot be returned.
Number 55.216 …………..…….
Number 56.217 ………..………
Number 57.218 …….…………
Number 58.219 …….…………
Number 59.220 ………………
Number 60.221 Even though, in the course of conducting, or causing to be conducted, any
such act or proceeding as required to be conducted in presence of a
member or representative of the Village Development Committee or
Municipality pursuant to this Chapter or as to be conducted by getting
such a member or representative to sign the deed, a notice in writing is
given to the concerned Village Development Committee or Municipality
to cause the presence of such member or representative, but such member
or representative does not make presence for such act or proceeding
despite such a notice or the Village Development Committee or
Municipality is dissolved or does not otherwise exist, such act or
proceeding may be conducted or caused to be conducted, and such act or
proceeding shall not be void by the reason only that such a member or
representation has failed to make presence or has not signed the deed if the
other requirements have been met.
Number 61.222 Any concerned person who is not satisfied with any act or proceeding
done or taken the serving or executor employee in the course of execution
of a judgment may make a complaint with the chief of the same office no
216 Repealed by the Punishment Related Some Nepal Acts Amendment Act, 2055.
217 Repealed by the Punishment Related Some Nepal Acts Amendment Act, 2055.
218 Repealed by the Punishment Related Some Nepal Acts Amendment Act, 2055.
219 Repealed by the Punishment Related Some Nepal Acts Amendment Act, 2055.
220 Repealed by the Punishment Related Some Nepal Acts Amendment Act, 2055.
221 Inserted by the Third Amendment and Amended by the Court Proceedings Related Some Nepal Acts
(Amendment) Act, 2047.
222 Inserted by the Seventh Amendment.
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later than Fifteen days. If the person is not satisfied with the decision made
by the chief, he or she may make an application to the appeal hearing
office pursuant to Number 17 of the Chapter on Court Proceedings. If such
an application is made, the appeal hearing authority shall try and dispose it
not later than Two months after the date of application.
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Part-3
Chapter-1
On Document Scrutiny
Number 1. The seal or signature of the chief of office concerned shall be
affixed to the joint of each closure on the reverse side of each
document/deed concluded between people and prepared by offices
if the closure of a page is joined with the next page or on the top
and bottom of each page if the pages are separately put; and only
the seal or signature of the chief of office shall be affixed to an
office document where the office does not have a seal. While
examining or sanctioning (Nikasa) a decision or request for
reference (Sadhaka) or an order (Toka), the examining or
sanctioning office shall imprint the office seal and put the seal or
signature of the chief of office on top and bottom of each page of
the document. The main actor/principal person (Mukhya Karani)
shall put his or her signature on a document concluded between
people and to be submitted to the office and a document prepared
at the household; and the office seal or signature of the chief of
office shall put on the joint of each closure or each page of the
document concluded at the office. In the case of Shaha or ledger
books where the amount of the same item or content is written in
more than one page, the signature of the same person who has
signed that item shall be put on the bottom after the last line of the
same item in the same page in which the account or content has
been written, and the seal or signature of the chief of office and
subordinate staff shall be put on each page of the ledger of the
office without letting space to write further any number and letter.
If a document concluded on the household fails to meet the
requirements as mentioned, a suit shall be tried and adjudged from
the document, by imposing a fine of up to Twenty Rupees
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individually on the principal persons who have executed or caused
to be executed such a document.
Number 2. While making a request or sanction for the rebate or remission
(Minaha Mojara) or the exchange of any thing, the rate if so
revealed, total amount, if so revealed, and but the rate and total
amount, if both are revealed, shall be written in number and in
alphabetical letters also. If the total amount is not written in the
number and letter, the sanction so made shall not be valid.
Consequently, a next sanction shall be obtained.
Number 3. In all documents to be executed by any office, the name, surname
and clear address including block (Mauja), village, city and ward
shall be mentioned. In a deed of bond (Tamasuka), a deed of lease
(Patta), a deed of acceptance (Kabuliatnama) and the bond of
security (Dhanajamanipatra) to be prepared in office, the name of
three generations shall also be mentioned.
Number 4. All documents prepared between people and prepared by the
offices shall be written, or caused to be written, correctly as far as
possible. No number and letter shall be scraped to correct any
mistake. Where it is necessary to insert something except in a
document which is to be authenticated by the seal of the head of
state, the mistake shall be crossed off with a thin line so that the
mistake also could be readable, and an indication mark shall be
used, and after writing the necessary matters just above the mark,
the signature of the principal person/main actor who has signed the
document and the signature of the concerned chief of office in the
case of a document concluded at the office and the signature of the
chief only in the document of office and the signature of such
person as required to signed the concerned item in the case of
ledger books shall be put, or caused to put, on the right and left
hand side of the crossing off and inserted content s as well, without
leaving any space to insert any further number or letter. The
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closure shall be rewritten if there is no space to insert something in
it or if it is likely to create an illusion in the course of insertion, or
if it is necessary to cross off, delete or insert in several places. The
crossed off, deleted or inserted portion which does not meet the
requirements mentioned above and the scraped number or letter
shall not be valid. Nothing shall be crossed off, inserted or scraped
in the course of writing a document which is to be authenticated by
the seal of the head of state.
Number 5. In the course of putting, causing to be put, signature on the
document executed on the household, including a document of
transaction and on a document executed at the office and to be
signed by the actor including witness, the actor or witness of the
document who is literate shall put hi or her signature with full
name, surname and address including the rank, if any, in a clear
and readable manner. In a document requiring the finger
impressions, pursuant to Number 8 of this Chapter whether the
concerned person is literate or not, the finger impressions of the
concerned person shall be marked and caused to be marked as
referred to in Numbers 6 and 7 of this Chapter. A person who has a
seal of his or her full name may affix his or her seal on the
document concluded at the office, instead of putting signature and
finger impressions. A person assigned by the Government of Nepal
to collect revenue from the public may use only the seal of his or
her full name in the revenue receipt. No suit may be entertained
except in the following cases as stated below from a document
which does not meet the requirement mentioned above.
In the course of putting signature or finger impressions as
mentioned above, a person who has to mention his or her name,
surname, address and designation, fails to mention his or her
designation, surname or address or any of them shall be liable to a
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fine not exceeding Twenty Rupees, and the suit shall be accepted
and decided even from such a document...............1
If a document is written by the principal person/main actor himself
or herself and there is no signature or finger impression in it, the
suit shall be tried and adjudged from such a document irrespective
of the date on which it has been prepared........................2
Number 6. While putting finger impressions on a document, where concerned
person has no thumb in the right hand or wheel like and conch like
markings on the skin of the finger-tip do not appear clear, he or she
shall use the thumb of the left hand for impression. Where a person
has no thumbs in the both hands or the markings do not appear
clear, he or she shall use a next finger of the right hand and left
hand in which the markings are clear for impression. Where the
document is to be thumb printed by both hands and if a person has
no thumb in one hand or markings are not clear, he or she shall use
the thumb of next hand having clear markings and any other finger
having clear markings of that hand which has no thumb for
impression. Where a person does not have any finger in one hand
or the markings do not appear clear, he or she shall use two fingers
from the same hand for the impression by assigning the above
reason for the same.
Number 7. If a person does not have any finger in his or her both hands or
wheel-like and conch-like markings do not appear clear, the head
of his or her joint family, and in the absence of such person, his or
her heir of succession, and in the absence of even such person, his
or her guardian who is protecting him or her at present shall put
signature on behalf of him or her and shall mention the remark on
the top of the document that the document has been prepared as
the concerned person has expressed and accepted and there is no
finger impression on the document since the concerned person
does not have any fingers in both hands or the markings do not
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appear clear. In the course of preparing a document by an office in
the absence of a joint family member or the heir of succession or
guardian, the document shall be executed with the signature of a
gentle person who is present there, including the concerned chief
of office, by assigning the above mentioned remarks. If the
document so executed meets the said requirement, despite failing
the signature of the actor, such document shall be treated as good
as a document that is signed by the actor.
Number 8. While executing, or causing to be executed, the following
document, the thumb impressions of both hands of the concerned
person including the signature of a literate person shall be put as
referred to in Numbers 5 and 6 of this Chapter. Where the literate
person only puts signature without finger impressions or the
marked finger impression does not appear clear or he or she marks
finger impression without putting signature, a suit shall be tried
and adjudged from such a document, by imposing a fine on him or
her not exceeding Twenty Rupees, considering the person and the
document:
A deed of transfer of ownership such as a deed of donation or gift,
deed of partition of property, a deed of mutual exchange of
property, document of adoption etc...............1
A deed of usufruct mortgage (vogabhandhaka), a sight mortgage
(Dristibandhaka) and document of loan transactions..................1
A receipt of a general transaction other than the deed of general
transaction endorsed for borrowing loan..............1
A document of bailment (Naso) or guarantee (Dharauti) and
receipt made when the bailee returns the same...............1
A bond of date to pay back the debt (Bhakapatra), a bond of surety
(Jamanipatra) and a bond of acceptance (kabuliata)…..1
A power of attorney (Akhtiyaranama) or deed of will
(Ikshapatra)..................1
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Number 8A.223While executing a document, it shall not be mandatory to mention
the name of three generations and to mark finger impressions by
the attorney on behalf of a corporate body established under the
law or by a foreign embassy situated in Nepal.
Number 9. In the document written pursuant to Number 8 of this Chapter, the
signature of the actor shall be put, and caused to be put, at the end
of the document where the date is mentioned. The suit may be tried
and adjudged from such document imposing a fine not exceeding
Twenty Rupees even when the signature is not put accordingly.
Number 10. While putting signature on a document in the course of
government business pursuant to the law, the concerned
government official shall put signature clearly in Devanagari script
(the script of including Nepali language) in one place either on the
top or bottom of the document, with full name including the rank
so that any literate person could easily read and understand the
rank and name of such a person, besides this, even the signature in
short form may be permitted to other places of the document.
Number 11. Any document to be concluded in office or on the household which
is to be signed shall be written and signed with indelible ink.
Number 12. Except as otherwise provided, the following requirements shall be
met in relation to the following documents:
In all writing notes (lekhot, purji), except letters in relation to
inquiry to an office, the main assigned clerk (karinda) of the
concerned section where the job division has been made in the
sections, the chief of section and either an assistant or subordinate
staff to the chief (Taharir) shall imprint his or her seal on the side
of the document, and the seal of the office shall also be affixed
thereunto. When the business of the office is running generally,
without any divisions in sections, the chief and either assistant or
subordinate staff shall imprint his or her authentic seal at the end of
223 Inserted by the Fifth Amendment.
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the document (Puchhere Chhapa), along with the seal of the
office...................1
In the case of a letter of inquiry, the chief and either assistant or
staff subordinate to the chief shall imprint his or her authentic seal
at the end of the document, along with the seal of the
office......................2
Where the office has an accountant (Tahabiladara) the accountant,
the chief of office and either an assistant or subordinate staff to the
chief shall imprint his or her authentic seal at the end of the bill
and receipt of cash or in-kind, and where the office does not have
an accountant, the chief of office chief and either an assistant or
subordinate staff shall imprint his or her authentic seal at the end of
the document including the seal of the office.............3
The clerk who takes the bill or receipt or document submitted by
any office or litigant or the person who keeps account (Rakami)
shall imprint his or her authentic seal and the assistant or
subordinate staff to the chief shall also imprint the seal and
signature, along with the seal of the office...............4
While providing a copy of the document maintained with the
office, the clerk who has verified the copy shall mention in it that
the copy so prepared is as good as the original one, and imprint the
mark on it and the chief of office and either an assistant or
subordinate employee to the chief shall put his or her signature
including the seal of the office shall be affixed....................5
While keeping the copies of a document in the office, the
concerned person shall mention in the copy that it is as good as the
original and the chief of office and either an assistant or
subordinate employee or the clerk who prepares such copies shall
put his or her signature on the copy................6
The main clerk who is subordinate to the chief of office shall put
signature on the document which is to be signed by the assistant or
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subordinate to the chief of office and the office does not have such
an assistant or subordinate employee……..7
Number 13. While issuing an order or notice to a party, if it becomes essential
to issue a notice even to the other concerned person, it shall also be
issued to the others accordingly. If it results in any governmental
loss due to such omission as so stated or if it causes any hindrance
(Harja) in any work, the person who makes such omission shall be
liable.
Number 14. Except a document required to be witnessed in accordance with the
law and a document which is related to immovable property and
has to be concluded by the office, the person who prepares such a
document related to the office and all the documents to be
concluded by or at the office, any letter, notice, bill, receipt, Hundi,
lease (Patta), ledger (Bahi) account (Khata) and the reciprocal
bond of merchant transaction(Mahajani Karobarako Dohori) to be
prepared on the household, and the endorsement upon partial
payment on general transaction may be prepared, or caused to be
prepared, even without witness. In the other documents except so
provided and in such a document required to be witnessed
according to law and in a document which is related to immovable
property and is to be prepared by the office, the name of witness
shall be mentioned in the document and the signature or
finger impressions shall be put, and caused to be put on it. Despite
that a document required to be witnesses has been prepared
without witness or it has not been signed by the witness whose
name is mentioned in the document as a witness, if a suit may is
filed from such a document under Number 5 of this Chapter, the
suit shall be entertained and decided from such document, by
imposing a fine not exceeding Twenty Rupees per head to the
main actor who has concluded, or caused to be concluded, the
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document for omission to mention witness or to put signature of
witness mentioned in the document.
Number 15. A predecessor (outgoing authority) shall hand over all
governmental documents to the successor (incoming authority)
upon preparing an inventory. Anyone including the chief of office
or clerk shall not bring or store such documents at home without
such hand-over.
Number 16. While concluding any document on the household after writing the
contents and before writing the date, there shall be mentioned the
venue where the document is prepared, the name of district, unit of
district, block, village or city and ward number. The document
shall be taken in evidence, by imposing a fine not exceeding
Twenty Rupees on the person who causes to conclude the
document without writing as so stated.
Number 17. If an application is made to get a duplicate of a document in the
office, except a document of which duplicate copy can be obtained
pursuant to Number 211 of the Chapter on Court Proceedings, the
following procedures shall be followed:
Any one may get a duplicate copy of a document which is
concerned to him or her.......................1
Where the law in force explicitly provides for the fees and
procedures for giving the copy of a document, the copy shall be
provided accordingly, and, in the other cases, where a person
wants to get the copy of a document, he or she shall submit an
application to the concerned office where the document is
maintained, upon mentioning the cause of his or her concern to the
document, and whether he or she prepares the copy himself or
herself or the copy has to be prepared by the office itself. The copy
of a document shall be provided within three days from the date of
the submission of such an application................ 2
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While allowing a document to be copied, the original document
shall be kept within the office premises and no one shall be
permitted for any remark including insertion in or deletion from or
crossing off it, and when a copy is prepared it shall be verified with
the original and there shall be mentioned the date when the copy is
handed over and necessary remarks shall be written in it including
whether the copy is prepared by the applicant himself or herself or
by the office itself as referred to in the law, and the copy shall be
handed over within Seven days, upon collecting the fees as set
forth below in Section 4...........................3
While issuing the copy of a document, if the copy is prepared by
the applicant him or herself, he or she shall pay the fees at the rate
of One Rupee per page of the prepared copy of the document.
Where the copy is prepared by the office itself, the fees shall be
two-fold. ……….4
There shall be mentioned in the prepared copy of a document that
the copy is as good as the original or as good as the duplicate copy
held in the office, and the seal of the concerned office, the chief of
office and either the assistant or subordinate staff shall be affixed
thereunto……………. 5
While issuing a copy pursuant to this Number, except it is so
permitted by the concerned departmental head, it shall not be
mandatory to give the copy of any unpublished confidential
document related to any governmental affairs, held in any
government office....................6
The head of department or chief of office shall not be compelled to
give a copy of any unpublished confidential document related to
government affairs, which is held in the government office or to
summit a copy of such document to any office....................7224
224 Inserted by the Seventh Amendment.
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Chapter-2
On Guarantee
Number 1. While accepting a guarantee, a trustworthy (Mathvara) person who is
capable of paying dues from his or her assets shall be accepted as a
guarantor. In the course of giving or accepting a guarantee, the subject
matter and figure shall be clearly mentioned, with a statement that the
guarantor has agreed to give guarantee on such-and-such item/matter and
in such-and-such figure. If more than one person want to give guarantee
for a person for the same item on the condition to make payment
proportionally, the deed shall mention the proportionate amount of
guarantee; and on the condition to make payment of amount of guarantee
in different figures, each guarantor shall mention clearly the amount to be
paid individually.
Where a guarantee is accepted without mentioning the amount to be paid
by each guarantor, the dues shall be recovered from the assets of all the
guarantors whether the amount may be less or more until the action of
recovery completed. The deed of guarantee shall ipso facto be void after
the recovery of dues or when the liability of guarantee ends. A verbal
guarantee shall not be valid.
Number 2. While accepting a guarantee from the office, one who is responsible shall
accept guarantee in accordance with law and in such a way that it shall not
cause any loss to the Government of Nepal, upon conducting necessary
investigation. If the accepted guarantee causes any loss to the Government
of Nepal due to the omission of the procedures established by law, with
intention or recklessness or the omission of necessary investigation, the
loss so caused shall be recovered from the concerned employee who has
accepted the guarantee. When the guarantee is accepted by following the
procedures established by law but after such acceptance if the guarantor
becomes insolvent or the assets accepted for guarantee becomes
unacceptable, useless or defective (Besabuda) due to natural calamities or
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other reason, the employee who has accepted guarantee shall not be liable
to the amount which is not recovered from the debtor or guarantor.
Number 3. Where a guarantee is permitted by law, the person concerned shall make
an application to the concerned office, along with the guarantor seeking
for permission of guarantee; and the office shall determine whether the
person so produced as a guarantor is trustworthy or eligible to be a
guarantor in accordance with law; and the office shall accept guarantee if
the person so produced is eligible to be a guarantor, and if he or she is not
so eligible, the office shall write a note on the reverse side of the
submitted application mentioning the cause of rejection of guarantee,
including the statement that guarantee shall be accepted if another
trustworthy person eligible to be a guarantor according to law is produced
before the office. The rejected application bearing the signature of the
chief of office shall be returned to the person concerned.
Number 4. While accepting real property for guarantee (Jetha Jamani), if any office
has to accept such a guarantee, it shall issue an order to withhold the sale
or transfer of ownership of such property to any one by any method and
send a notice of such order, mentioning the name of guarantor, the subject
matter, the given amount of guarantee and all necessary facts about the
property accepted for guarantee, including the address and the quantity of
property, to the office which is authorized by law for registration or
transmission of such property, and collection of land revenue or tax and to
cause auction for non-payment of such revenue or tax. When the
concerned office receives a formal notice of such order, it shall withhold
the registration and transfer of ownership accordingly until it receives a
formal notice of the order of release issued by the concerned office. If
such property is to be auctioned as specified by law to recover dues of
land revenue or tax, the concerned office shall send a notice of auction to
the office that has accepted such property for guarantee before auction
takes places. When the concerned office receives such a formal notice, it
shall take any other real property for guarantee. As so stated, if any other
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property is not given by the person concerned for a guarantee, the
concerned office shall sell such property by auction and recover the dues
of land revenue or tax; and if there remains any amount after such
recovery, it shall be withheld for wealth guarantee. Action shall be taken
against the person concerned according to law for the remaining amount
of guarantee. Despite the death of guarantor, the dues shall be recovered
from his or her real property which is given for guarantee.
Number 5. If a person who has been released on guarantee/bail by a guarantor for his
or her attendance before the office (Hajir Jamani) goes away, the penalty,
claimed amount, Ten percent (Dasaud) or Five percent (Bisaud) fee, to
which such person is liable, shall be recovered from the guarantor. If the
absconded debtor is arrested, the amount recovered from the guarantor
shall be returned to him or herself and action shall be taken against the
debtor according to law.
Number 6. Where a wealth guarantee (Dhan Jamani) is accepted and the debtor fails
to repay the dues, the assets of the guarantor shall be withheld, and at first,
the dues shall be recovered from the assets of the debtor, and only if it is
not so recovered, the remaining amount shall be recovered from the assets
of the guarantor, if the dues are not recovered from the assets of both the
debtor and guarantor and if no amount remains with the guarantor at all,
action shall be taken against the debtor for the dues pursuant to the law,
and the guarantor shall be set free from such liability; and if any amount
remains with the guarantor, he or she shall be liable to such remaining
amount and he or she shall be treated as if he or she were a debtor
pursuant to law, and the debtor shall be set free.
Number 7. When a wealth guarantee has been accepted, despite the death of the
guarantor, the guarantor shall be liable to repay the dues as decided to be
recovered from such guarantor. If some property of the debtor is under
possession of the guarantor through a deed of usufruct or the guarantor has
recovered some amount from such debtor, only to that extent, even after
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the death of guarantor, the dues may be recovered from the successor of
the guarantor. Except on this condition, after the death of the guarantor,
his or her heir shall not be liable to repay the dues. Such dues shall be
recovered from the debtor or his or her heir. A guarantor, who has given
guarantee for the attendance of the debtor before the office, shall not be
liable after the death of the debtor, and the heir to such guarantor shall not
be liable after the death of the guarantor.
Number 8. Any one who is below the age of Sixteen years shall not be eligible to be a
guarantor.
Number 9. A bond of guarantee which is prepared without presence of both the debtor
and the guarantor shall not be valid.
Number 10. In the course of accepting a real property for a guarantee, it shall be
accepted only after the valuation, ascertaining that the dues may be
recovered from such property.
Number 11. If a person, whose entire property is to be confiscated, absconds from the
office after releasing on guarantee, his or her entire property shall be
confiscated, and his or her guarantor shall be set free from liability. If such
a person released on guarantee is arrested at any time, the person shall be
liable to punishment. If the dues have been recovered from the guarantor
where he or she has stood as guarantee for a defendant subjected to
imprisonment and such a defendant absconds and is not found, the amount
so recovered shall be returned to the guarantor in a condition when the
absconding defendant is found and imprisoned within a period of Three
years of the disposal of the case. The amount so recovered shall not be
returned to the guarantor where the absconding defendant is found and
imprisoned after the expiry of the time-limit.
Number 12. While imprisoning a guarantor for punishment or government amount in
question, he or she shall not be imprisoned for a term exceeding Six years.
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Chapter-3
On Bona Vacantia (Kalyan Dhan)
Number 1. If any property buried or hoarded underground is found, and it is revealed
from the investigation that the property has been buried or hoarded by a
person who has been subjected to punishment of the confiscation of the
entire property by an order of the office, or by an accused of an offense
punishable by the confiscation of the entire property, the entire property
shall devolve on the Government of Nepal, and if such property is found
to have been buried or hoarded by a person liable to the punishment of
fine and imprisonment or to repay governmental amount in question, only
to the extent of the property as required to execute such punishment shall
devolve on the Government of Nepal.
If it is proved that the property has been buried or hoarded by a debtor
who has been or is going to be insolvent or bankrupt, the creditor shall be
entitled to such of amount as mentioned in the judgment. If it is proved
that the property has been buried or hoarded by any person other than that
mentioned above, the property shall devolve on its owner, if identified,
and on the heir to the owner and if the owner has died. If the owner is not
identified, the property shall devolve on the owner of the building or land
where such property has been found.
Number 2. If, after a building or land has been sold or otherwise transferred and
received in accordance with law, if any property buried or hoarded in the
building or land is found, the property shall devolve on the person who has
purchased or otherwise acquired right in that building or land.
Number 3. Where any property bona vacantia is found and devolved on the
Government of Nepal or owner pursuant to Numbers 1 and 2 of this
Chapter, and the person who has found such property does not get it, the
Government of Nepal shall give ten percent of that property to that person
and the owner shall give ten percent of the property to the Government of
Nepal. If the owner of such property has found it himself or herself,
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Twenty percent of that property shall devolve on the Government of
Nepal.
Number 4. Except in the case to which the Government of Nepal is plaintiff, if a suit
on the other matters of this Chapter is not filed within Six months, the suit
shall not be entertained.
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Chapter-4
On Wages
Number 1. No one shall engage or employ a person in a work without the consent of
such person.
Number 2. Except in cases where a person doing a work agrees to work, at his or her
own will, for no wages, one who engages or employs a person in a work
shall give the worker or employee such wages as specified with the
consent of both parties, and failing such specified wages, such wages as
may be suitable according to the rate that is prevalent at that place, in
consideration for that work.
Number 3. No person shall give up a work that is undertaken and taken up by that
person except with the consent of the employer or for a reasonable reason,
without completing the work.
Number 4. Any person who commits any act in contravention of the provisions set
forth in this Chapter shall be subject to the following
provisions.....................
If one engages or employs a person in a work without the consent of such
person, one shall be punished with a fine of up to One Hundred Rupees,
with the recovery of the wages for the work from him or
her……………….1
If one does not provide wages as referred to in Number 2 of this Chapter
for a work in which one has engaged or employed a person, on shall be
liable to the punishment as referred to in Number 21 of the Chapter On
Punishment, also with recovery the wages from him or
her...........................2
If one gives up a work that is undertaken and taken up by him or her
except with the consent of the employer or for a reasonable reason,
without completing the work, compensation or loss shall be recovered
from him or her in accordance with the deed, if any, in relation to the
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giving and taking of compensation, and with the following provisions
failing such a deed………………3
If a porter (Bhariya) goes away giving up the load (Bhari) on the way
(without reaching the destination), the porter shall be liable to a fine of up
to Fifty Rupees and also to the recovery from him or her of the amount of
loss in question, if any, suffered as a result of such going away leaving the
load on the way.......................1
If a person takes the responsibility of transporting a load (commodity) and
fails to hand over it to the concerned person at the destination, and gives
up such transportation prior to completion, such a person shall be liable to
a fine of up to Twenty Rupees, and the waged advanced but not yet paid
up shall be realized from such a loader................2
Except as provided in Sections 1 and 2 of this Number, in the other mattes,
the amount in question shall be recovered and a fine up to Twenty Rupees
may be imposed according to the degree of offence...............3
Number 5. If a suit is not filed within Thirty Five days of the cause of action on any
matters referred to in this Chapter, the suit shall not be entertained.
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Chapter-5
On Pauper
Number 1. 225......................
Number 2. 226.....................
227Number 3. In the case of a minor, whose father is dead or disappeared
(Bepatta) or has gone abroad and his or her 228mother enters into
next marriage, the following provisions shall apply....................
In the case of a minor who has no property (Jayajetha) or who has
no any major heir in the joint family, the mother herself shall take
the minor with her and subsist the minor............................1
In the case of a minor below Eight years of age, his or her mother
shall take the minor with her and subsist the minor until the minor
attains the age of Eight years despite that the minor has property
and any major heir in the joint family, and the mother shall be
entitled to subsist the minor staying at the minor's house where the
minor has no heir in the joint family……………………….2
Even though a minor, who has attained the age of Eight years but
below the age of Sixteen years, has any major heir in the joint
family but the heir does not subsist the minor, the mother of the
minor shall be entitled to subsist the minor………………….3
In cases where a minor has no heir in the joint family or has heir
but the heir has not attained majority or the major heir does not
wish to subsist the minor, the mother of the heir shall, in the course
of subsisting the minor, be entitled to the custody of the assets of
the minor……………4
225 Deleted by Children's Act, 2048.
226 Deleted by Children's Act, 2048.
227 Amended by the Sixth Amendment.
228 Amended by Gender Equality Maintaining Some Nepal Acts Amendment Act, 2063.
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Number 4. In cases where the relative (Aapasta) or guardian of a minor does
not subsist the minor or where such a relative or guardian is not
available or where a minor who has none of them has no property
(Jayajat) or where the property of a minor is not sufficient for
his/her maintenance, the 229Village Development Committee or the
Municipality of that place shall send such a minor to the specific
place, if available, for the subsistence of minors, and failing such a
place, to the 230Chief District Officer of the District. If any minor is
so sent to the 231Chief District Officer, he or she shall arrange, or
cause to be arranged, for his/her care and maintenance until such a
attains the age of Sixteen years from the income of state trust
(Rajguthi), and shall also manage for the regular income source
(Darbandi), to the extent that is not covered from the property of
the minor.
Number 5. In the case of a person, who does not have any property and
relative and who is not capable of being engaged in an
employment, the 232Chief District Officer shall, on the
recommendation of the concerned 233Village Development
Committee or Municipality, arrange for regular ration (Sadabarta
Handi) and Two pairs of clothes per year and cause to subsist such
a person in such a place as specified by the Government of Nepal.
Number 6. If there is any minor or person as referred to in Number 234......... 3,
4 or 5 of this Chapter in his or her village, city or ward (Tole), the
Jimdar or Talukdar or a member of the 235Village Development
Committee or Municipality shall give information thereof to the
229 Amended by the Court Proceedings Related Some Nepal Acts Amendment Act, 2047.
230 Amended by the Court Proceedings Related Some Nepal Acts Amendment Act, 2047.
231 Amended by the Court Proceedings Related Some Nepal Acts Amendment Act, 2047.
232 Amended by the Court Proceedings Related Some Nepal Acts Amendment Act, 2047.
233 Amended by the Court Proceedings Related Some Nepal Acts Amendment Act, 2047.
234 Deleted by the Children Act, 2048.
235 Amended by the Court Proceedings Related Some Nepal Acts Amendment Act, 2047.
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concerned 236Village Development Committee or Municipality,
and the 237Village Development Committee or Municipality shall
also do as referred to in those Numbers.
Number 7. The Chief District Officer shall send a person suffering from
leprosy (Maharogi) to such a place as specified by the Government
of Nepal.
238Provided that, a place shall not be so specified that the
arrangement of medicines and treatment of the leper cannot be
made or done.
Number 8. The regular ration (Sadabarta Sidha) to be distributed on behalf of
the Government of Nepal shall be distributed in the following
order of priority.......
(a) Leper.
(b) Blind in both the eyes.
(c) Physically weak (Lulo), lame or crippled (Kunjo).
(d) Minor orphan incapable of engaging in employment.
(e) Weak (Ashakta) old person without relative for his or her
subsistence.
(f) Sick and incapable person.
(g) Asal, Ramata, Dasnam, Phakir (Saints).
(h) Woman without any earnings and farming (Kamai
Khetipati).
Number 9. A person who maintains or subsists a minor pursuant to this
Chapter shall arrange for his/her appropriate education as far as
possible.
236 Amended by the Court Proceedings Related Some Nepal Acts Amendment Act, 2047.
237 Amended by the Court Proceedings Related Some Nepal Acts Amendment Act, 2047.
238 Inserted by the Fourth Amendment.
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Number 10. Where a suit is to be filed on matters of misappropriation of one's
property by a reliable person or the custodian or of dissatisfaction
therewith for any other reason is not filed within Two years from
the date of receipt of the property details (Phantwari).
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Chapter-6
On lost and Found Quadruped
Number 1. If a person finds a missing domestic quadruped, the person shall
return it to its real owner within a period of Seven days from the
date when he or she found it, excluding the time required for
journey from the place where it was found. If the owner is not
identified, the person shall keep such quadruped after giving a
formal report to the nearby police station or local body.
Number 2. If any partner takes away a common quadruped without giving
information to the other partners and if any other partner makes a
complaint against him or her, any of the partners who pays the
amount for the shares of the rest partners, shall get such a
quadruped. If any force majeure event takes place in relation to the
quadruped which has been so taken away without giving
information, he or she shall pay the amount for the shares of the
rest partners.
Number 3. If a person, who finds any missing quadruped, does not do in
accordance with Number 1 of this Chapter and uses it for his or her
personal purpose, he or she shall pay the amount of wages to its
owner for the use of each day according to the rate prevailing at
the place where it has been used. In the course of paying for the
amount of wages, he or she shall not be liable to pay such amount
as is more than the value of that quadruped. When the quadruped
dies or flees away, he or she shall also be liable to pay its
price/amount in question.
Number 4. If a person, whose elephant flees away and misses in a forest, gives
a report, within Forty Five days from the date of missing, to the
nearby government office managing elephant shed (Hattisar), the
office shall look for it and collect a fee of One Hundred Rupees for
each (Phi) elephant from the owner if it captures the missing
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elephant. The office shall not be compelled to take any action to
search and capture the lost elephant after the expiry of the
limitation of Forty Five days.
Number 5. If a person makes a claim accompanied by the evidence of his or
her ownership of the missed quadruped within Six months from the
date of missing, the price or value of such quadruped shall be as
determined reasonable by local people, and the quadruped shall be
returned to the real owner after he or she pays the Ten percent
amount of such determined price for reward (Panauni), including
the expenditure incurred in feeding the quadruped. If the
quadruped is lost or destroyed due to any force majeure event, the
finder shall be set free from the liability. The quadruped shall be
owned by the finder where no one makes a claim within Six
months from the date of missing. If the finder does not do in
accordance with Number 1 of this Chapter, the finder shall not be
entitled to the quadruped despite the expiry of the Six months’
limitation. In such a case, the finder shall return the quadruped to
the owner.
Number 6. If a person takes away any quadruped over which he or she has no
ownership, upon claiming that he or she has ownership over it, he
or she shall return the quadruped and the profit made out of it to
the owner. If any loss or force majeure event takes place, he or she
shall pay the cost amount of the quadruped.
Number 7. Except on the matter in respect of which the limitation to file a suit
is mentioned in this Chapter, if a suit on the other matter is not
filed within a period of Six months from the date of the cause of
action, the suit shall not be entertained.
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Chapter-7
On Trusts (Guthi)
Number 1. Where a person requests land from the Government of Nepal for the
establishment or construction of a hospital, school or any other public
welfare institution or utility within the territory of Nepal, state land
may be granted if it does not belong to other persons or if such grant
does not prejudice the interests of other persons (or public right of
way).
Number 2. Rest houses (Dharmashala) or religious endowments established in
accordance with the specified procedures shall not be damaged by any
person and shall not be confiscated for any offence whatsoever. In the
absence of any heir thereto (any person possessing any claim thereto),
such houses or endowments shall be registered as state trusts
(Rajguthi).
Number 3. Where any trusts are established in any manner, action shall be taken as
follows:
Where a trust which is endowed after relinquishing the title thereto and
which is placed under trustees (Guthiyars), the person who endowed
the trust or his or her heirs/successor and relative may mortgage only
the surplus which they are entitled to enjoy, not that surplus which is to
be kept in reserve after performing the functions set forth in the giftdeed
or stone or other inscription of the trust. No violation of religious
requirement shall be committed by selling, disposing of, presenting or
donating any thing other than that mentioned herein or mortgaging the
entire trust property on usufruct or otherwise or discontinuing the
functions set forth in the deed of endowment. Where the heir or
descendant does not perform the functions set forth in the deed of
endowment or sells, disposes of, presents or donates the surplus income
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which he or she is entitled to enjoy instead of merely mortgaging it on
usufruct or otherwise the entire trust property, thus violating the
religious requirements, then he or she shall not be entitled to his or her
turn in the management of the trust. Such heir or descendant shall not
also be entitled to his or her share in the surplus income. His or her turn
in the management of the trust shall accrue to the next of his or her heir
to the trust. The amount paid by the creditor who takes up such surplus
income or entire trust ignorantly shall become an unsecured loan.
Where the creditor has done so knowingly, he or she shall not be
entitlement to repayment……………………….1
Where, in endowing a Gharguthi without appointing any Guthiyars, the
income that can be utilized for personal requirements amounts to more
than Ten percent by the rate prevailing in the same year, the person
who made the endowment or his or her heir may perform the functions
set forth in the deed of trust or stone or other prescription of the trust
and mortgage the surplus which he or she is entitled personally to
utilize. Even such surplus income shall not be sold, disposed of,
presented or donated nor shall such other land and building belonging
to the trust be mortgaged, sold, disposed of, presented or donated than
that mentioned; and the religious requirement shall not be violated by
discontinuing the functions set forth in the deed of trust or stone or
other prescription of the trust. Any person who is guilty of the violation
of religious requirement hall not also be entitled to his or her turn in the
management of the trust. His or her turn shall accrue to the next of his
or her heir to the trust. Provided that the person who is so guilty shall
be entitled to appropriate his or her share, in accordance with law, of
the surplus income that may be personally utilized. The provisions set
forth in section 1 above shall be applicable to the
creditors…………….2
In the case of trusts endowed pursuant to Sections 1 and 2 above, if the
person who makes the endowment or his or her heir mortgages the
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surplus income which he or she is entitled to enjoy and the creditor
takes up the income and if no income is derived from the trust land
because of acts of God, the functions of the trust shall be carried out
and necessary repairs shall be undertaken with the reserve, if any,
maintained for this purpose, and where no provision has been made for
such reserve so that the entire surplus can be entitled for personal
purpose, expenses incurred in performing such functions and
undertaking necessary repairs according to the gift-deed of trust or
stone or other inscription of the trust shall be borne personally if
necessary. If no income is derived from the trust land because of acts of
God and where no provision has been made to maintain reserves for
financing such functions and repairs, the person who mortgages the
surplus income shall bear the necessary expenses personally and carry
out such functions and repairs and the creditor too on his or her part
shall cause him or her to do so. If the debtor does not do so, then in the
case of a trust other than a Murda trust, the creditor who has taken up
the trust on mortgage shall incur the necessary expenses himself or
herself and carry out such functions and repairs as he or she may carry
out on his or her own, and in the case of other functions and repairs
which he or she may not carry out himself or herself, do so through the
debtor or any of his or her relatives. If neither the creditor nor the
debtor does so, both shall be deemed to have been guilty of violating
the religious requirement. The relatives as referred to in sections 1 and
2 above shall carry out such functions and repairs in the presence of the
creditor if he or she is willing and in the presence of four other
respectable persons, if the creditor is not so willing, and have the
creditor or respectable persons, as the case may be, sign the statements
of expenditures incurred therein. Expenditure so incurred may be
recovered from the mortgaged surplus income. The creditor shall not be
entitled to the surplus income unless and until such expenditure is
recovered or restored fully. He or she may appropriate the surplus
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income pursuant to the deed of mortgage only if the expenditure is so
fully recovered. The mortgage may be redeemed by a relative who is
entitled to a turn in the management of the trust…………………3
Number 4. If the trust endowment is a donation, the beneficiary shall be an heir
(Hakdar). If such an heir or his or her descendant violates the religious
requirement of the trust, the donor or his or her heir may remove such
heir or descendant and assign the trust to any such relative of the heir
as such donor or heir so wishes. Provided that the donor or his or her
heir shall not utilize the trust himself or herself. A Guthiyar shall not
dispose of the trust in favor of another person by way of gift, donation
or sale or otherwise.
Number 5. If there are Two or more heirs, they shall each manage and utilize the
trust in accordance with the terms and conditions of the deed of trust, if
any, and, failing such deed, they shall manage and utilize it by Twoyear
turns. If any heir is alive, his or her sons and grand-sons shall have
no claim to the trust so long as that heir is alive. If there is no deed, no
suit shall be entertained in the matter of Two-year terms unless the suit
is made within Sixteen years after the accruement of title.
Number 6. Any reasonable depletion or depreciation in the movable property of a
trust, in the course of use of such property for prescribed purpose of the
trust shall not involve the Guthiar in any offense. Provided that if the
Guthiyar causes any loss or damage to such property, he or she shall be
held as having violated the religious requirement of the trust. Such a
Guthiyar may be removed.
Number 7. If a trust has been established in the form of a religious institution on
land acquired from the Government of Nepal in accordance with the
provisions set forth in Section 1 of this Chapter, and if the person who
made the endowment or his or her descendant or heir is unable to make
renovation of the trust and then such renovation is made by some other
person, then that other person who has made such renovation shall be
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entitled to utilize the land acquired from the Government of Nepal by
carrying out such functions of the trust as may be prescribed by the
Government of Nepal.
Number 8. If any person has utilized for Sixteen years without any documentary
title a trust belonging to another person, he or she may continue to do
so as long as he or she is alive. After the death of such person, the trust
shall accrue to the person who possesses the title to it.
Number 9. If the trust endowment is made after debts are contracted or arrears
become due and payable to the Government of Nepal, the endowment
shall not be valid unless and until such debts or arrears are paid off.
Provided that the person who has made such endowment shall not be
liable to punishment.
Number 10. While obtaining a land, building or low land from a Mahant who has
obtained a state monastery, the Mahant who has obtained the state
monastery may sell and dispose of such land, building or low land as
may be acquired by the Mahant prior to obtaining the state monastery
and also such land, building or low land as may be acquired by the
Mahant subsequently through his or her own resources during his or
her lifetime in accordance with law and may conduct written
transaction in respect of such land, building or low land. After the
death of the Mahant who thus obtained such land, building or low land,
whatever is left of the land, building or low land acquired before he or
she obtained the monastery as well as any land, building or low land
acquired thereafter shall belong to the monastery no to any heir. No
Mahant shall subsequently give in any manner nor shall other person
take such land, building or low land as have accrued to the monastery,
and such transaction shall be invalid. Provided that tenants on such
land, building or low land may be changed in accordance with law.
Number 11. If income from lands registered in the name of members of religious
orders or those to which they possess title, which is left over after
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paying the taxes due on such lands and which may be personally
appropriated by the members of the religious orders owning the lands
has been assigned or is being utilized for the performance if religious
worship of the God and Goddess and other religious functions or
operation of Sadavartas or for similar other purposes but without
formal endowment as the trust, the disciples of such members may,
after the death of the latter, pay taxes due on the lands, utilize the
remaining income for the usual purposes, and personally utilize the
surplus, if any. No mortgage or sale or gift or donation involving
relinquishment of rights in respect of such lands shall be permitted. In
the event of default in payment of taxes due on the lands, eviction may
be made in accordance with law.
Number 12. If the office of the Mahant of any monastery falls vacant and there is a
royal charter prescribing succession from disciple to disciple, any
disciple who can manage the functions of the monastery smoothly and
is a citizen of Nepal shall be appointed to this office.
Number 13. If any person conceals or misappropriates any money payable to a trust,
then there shall be recovered the amount in question from, and imposed
a fine equal to the amount in question, on that person.
Number 14. If any person has made any false claim and has also misappropriated
rents and he or she has performed the prescribed functions, the surplus
shall be recovered from him or her, and such person shall be punished
with a fine of any amount equal to Five percent of the rents accruing
from such lands in one year.
Number 15. If the person has only seized the trust, he or she shall be fined with an
amount equal to Ten percent of the rents accruing from the lands and
other assets so seized by him or her.
Number 16. No suit on a matter shall be entertained if it is not filed within a period
of Two years after the commission or cause of action of that matter,
other than the matters where the limitation is prescribed elsewhere in
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this Chapter and the matters involving the violation of the religious
requirements or involving the unauthorized endowment of the trust.
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Chapter-8
On Cultivation of Land
Number 1. Water shall not be available for others unless and until the requirements
of the person who has constructed the ditch (irrigation channel) at his
or her own expense or with his or her own physical labor. In places
where water has been shared since ago, no one shall be allowed to so
withhold the usual share of the water as to make the low land
uncultivable. After the low land at the source of the water is irrigated,
the next low land shall use the water. In cases where the owner of the
low land at the source of the water is confronted with any difficulty, the
owner of the next low land shall use the water for cultivation.
Subsequently, the owner of the land at the source of the water may use
the water for cultivation. A new irrigation channel may be constructed
at a point higher than the existing one only if the amount of water
available to the low land irrigated by the old irrigation channel is not
reduced.
Number 2. If an irrigation channel tumbles down or the low land is damaged by
streams or washouts, the tenants (Mohi) themselves shall repair the
channel to the extent possible or make such repair by sending labors on
the pro rata basis. In cases where the strength and resource of the
tenants (Mohi) is not adequate, the Jimidar or Talukdar shall make a
submission, setting out all details, to the concerned office of the
Government of Nepal for the sanction of expenses, and make repair of
the ditch with the expenses, if any, so sanctioned.
Number 3. Dams, canals or irrigation channels may be constructed by any one on
any land, whether cultivated or uncultivated to bring water for the
cultivation of land, and no one shall make any obstruction with it. In
the case of any land, other than a barren land not liable to taxation or
revenue, the owner of the land shall be compensated with the value of
the land covered by the dam, canal or irrigation channel or given other
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land in exchange. When landowners (Raiti) incur expenditure on
irrigation works to bring a barren land into cultivation if the tax on the
newly cultivated barren land is double than that being paid on the
cultivated land covered by the dam, canal or irrigation channel, the tax
and revenue chargeable on the land covered by the dam, canal or
irrigation channel shall be remitted.
Number 4. In cases where roads and paths used by the people from ancient times,
courtyards of houses, land adjoining houses, land used in transit by
village chattels, water sources, land adjoining lakes and ponds,
meadows and village pastures, inns, graveyards, main roads and
highways, and similar other public place and such government land that
should be left or rendered waste by order of the Government of Nepal
shall fall in the land of a person, that person shall not bring such roads,
paths, land, sources, ponds or meadow into cultivation nor shall such
person cause the same to be brought into cultivation.
Number 5. If any person obtains permission for the cultivation of any land
mentioned below, such cultivation shall be made in accordance with the
undertaking if any made by the person to cultivate the land, enjoying
the exemption lesser that that mentioned below, and failing such
undertaking, in accordance with the following provisions:
If land which had once been cultivated but subsequently turned into
waste is brought into cultivation, the land tax shall be realized with
effect from the year in which the land is brought into
cultivation…………………………1
In the case of cultivation of a virgin forest land (Kalabanzar), Muddati
Parti, land covered by bushes of catechu or berries (Khayar forest and
Banjar forest), totally barren land, and sandy land, the tax shall be
exempted for a period of Four years and levied with effect from the
Fifth year……………………..2
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If a cultivated sloppy land subject to land tax and revenue is turned into
a low/paddy land by constructing an irrigation channel (ditch) up to
that land, the land tax and revenue applicable to the sloppy land shall
be levied for a period of Four years and the land tax and revenue
applicable to the low land shall be levied with effect from the Fifth year
and the land tax and revenue applicable to the sloppy land shall be
remitted…………………………..3
Number 6. In the case of new cultivation of a land, if an application is made for
the registration of the land after the land has already been cultivated,
then such application shall not be entertained. If an application is made
for the examination of a land and permission to cultivate the same,
registration of the land shall be made upon fulfilling the requirements
of law except in cases where the land has already been cultivated. If,
upon making such examination, it appears that the land has already
been cultivated, it shall be done as follows:
If the land is a land to which no one has title and that can be cultivated
by law, the land tax and revenue leviable on the land with effect from
the year of cultivation by the cultivator and a fine equal to the amount
of the land tax and revenue shall be recovered from the cultivator, and
the land shall be sold by auction and the proceeds of sale shall be paid
to the Government of Nepal………………………1
If the land is a land to which no one has title and that can be cultivated
by law, a fine equal to the amount of the land tax and revenue leviable
on the land with effect from the year of cultivation by the cultivator
shall be recovered from the cultivator, and the land shall be turned to a
barren land…………2
In the event of cultivation of a land belonging to other person, it shall
be stated to the applicant that it shall be as decided by the case trying
office about the title to the land if such decision is
submitted…………………3
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Number 7. If an application is made for permission to newly cultivate a land and
the land so applied for cultivation is cultivable by law, then a public
inquiry shall be made also in presence of the owners of land adjoining
that land or their representatives, the Jimidar, Talukdar of that land or
their representatives and at least other Four local gentlepersons, and if
it is found that the land is cultivable, then the Numbari registration of
that land shall be made by fulfilling the requirements of law. Any
public inquiry made in the absence of the persons mentioned above and
registration of new cultivation based on such public inquiry shall not be
valid.
Number 8. In measuring lands, such measurement shall be made as per the
calculation that a land with thirty-seven-foot length and thirty-sevenfoot
breadth amounts to one Muri, four-Muri amounts to one Ropani, a
land with thirteen and half foot length and thirteen and half foot
breadth amounts to one Dhur, Twenty Dhur to one Kattha and twenty
Kattha to one Bigaha.
Number 9. Where it is required to take measurement of a land in the course of a
case or for other reason, such measurement shall be taken, setting out
the boundaries of the land.
Number 10. In fixing the rent of a land, the rent shall be so fixed as equivalent to
that of the adjoining land, by setting out the type of the land on the
execution of a recognizance deed that it is Abbal, Doyam, Sim or
Chahar land, in presence of the owners of the adjoining lands and the
local gentlepersons in the same place.
Number 11. No person shall hold up any barren land, except the land as set forth in
Number 4 of this Chapter and the barren land adjoining to the house
and premises where that person is residing, without cultivating the land
on his or her own or allowing other to cultivate it, claiming that such
land is within Sohrani land tax or revenue or is the land over which he
or she has the right of way or interest.
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Number 12. If any person knowingly cultivates any land made barren by the
Government of Nepal prohibiting its cultivation, the land tax or revenue
leviable on the land with effect from the year of cultivation shall be
recovered from the cultivator and the land shall again be made barren.
In such a case, the person who cultivates the land or causes its
cultivation shall be punished with a fine that if Five-fold of the amount
of the land-tax or revenue. If such cultivation is made unknowingly,
only the land tax or revenue leviable on the land with effect from the
year of cultivation shall be recovered from the cultivator and the land
shall again be made barren.
Number 13. While imposing punishment on a case, as referred to in this Chapter,
involving only an alteration in the customs or rites but the amount in
question is not required to be recovered, the punishment, if any,
specified in the other Numbers of this Chapter shall be imposed, and a
fine not exceeding Fifty Rupees shall be imposed where such
punishment is not so specified.
Number 14.239 A suit on any matter other than the cultivation or registration of any
land prohibited for cultivation shall not be entertained if it is not made
within Six months after the date of knowledge of such cultivation or
registration.
239 Inserted by the Seventh Amendment.
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Chapter-9
On Land Evictions (Jagga Pajani)
Number 1. Rajguthi lands and Kipat lands without official documents shall be
equivalent to Raikar (land subject to tax). Lands of all other categories
shall be Raikar.
Number 2. Where sales and purchases on household are permitted by law, and a
person gets the title to a land upon such sale and purchase and is thus
required to make transmission and even where the land is to be
devolved on the heir because of the death of the registration holder, the
landowner (Raiti) shall appear before the Talukdar and get the land
registered in his or her name by way of transmission. If the landowner
shows up for transmission in such way, the Talukdar shall effect
transmission and give a proof or evidence thereof to the landowner. If
the Talukdar refuses to effect transmission in such manner, then the
Land Revenue Office shall effect, or cause to be effected, transmission
and impose a fine of Five rupees on the Talukdar for each instance.
Number 2A.240 Where transmission has to be effected upon a person being entitled to
a land and upon the heir being entitled to a land because of the death of
the registration holder but such person or heir, as the case may be,
expires the time-limit without getting the transmission and registration
to be effected not later than Thirty Five days, and subsequently makes
an application for transmission and registration, then transmission and
registration shall be effected by collecting the fee of Ten rupees
irrespective of the period of time lapsed. Even in the cases where the
time-limit for transmission and registration of land has expired prior to
the commencement of this Act (Code), transmission and registration
shall be so effected by collecting the fee of Ten Rupees.
240 Inserted by the Third Amendment.
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Number 3. If the eviction of a land has to be made or cause to be made for any
reason, such eviction may be made or cause to be made between the
last day of the month of Falgun and the last day of the month of Jesta
in the case of a land in Madhesh and between the last day of the month
of Poush and the last day of the month of Chaitra in the case of a land
in the other place. The time other than that mentioned above is not
proper time for such eviction.
Number 4. If any landowner (Raiti) applies for eviction from a land registered in
his or her name after the time referred to in Number 3 of this Chapter
stating that he or she is not able to cultivate that land, and pays the land
tax or revenue payable for the year of such eviction, the Jimidar or
Talukdar shall take him or her to the Land Revenue Office, receive the
land tax or revenue and get conveyance or transfer of that land in
witness of that Office. The person who makes such conveyance or
transfer shall not be entitled to evict from some land only and retain
some land in that village or area of revenue sub-division (Mouja).
Number 5. In the event of necessity of land eviction, any concretely built
residential house, if any, built in that land shall not be removed. The
owner concerned shall be entitled to enjoy the same by paying the land
tax or revenue leviable on the land and on the land that has been
encroached upon while building the house, on the pro rata basis. In the
event of failure to pay the land tax or revenue, that house shall be sold
by auction, and the required amount shall be recovered from the
proceeds of such sake and over-plus amount shall be given to the owner
of that house. If such owner is not available, the amount shall be paid
to the Government of Nepal.
Number 6. The Rakam leviable on the land shall be voided from now-onwards.
Where land tax or revenue has not been levied on such land or has been
levied in lesser amount than that leviable to the adjoining land, the land
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tax or revenue shall be fixed as equivalent to that leviable to the
adjoining land and recovered accordingly.
Number 7. If the Talukdar on Kipat land dies or absconds, his or her nearest heir
shall be appointed in his or her post. If such heir is unwilling or nonexistent,
some other capable person shall be so appointed. If the
brothers of a Talukdar who are living separately so desire, they shall be
appointed as separate Talukdars. Where they divide the landholders on
the land and make payments due on their share. However, even if a
Talukdari holding on Kipat land is thus split up, the Thari shall not be
divided in the same way. He or she may make payments due on lands
under his or her jurisdiction to the owners of the sub-divided Talukdari
holdings by rotation. If the Talukdar has received any money from any
person promising to appoint him or her as a new Thari, and is unable to
repay the amount, it shall be equivalent to an unsecured loan. Fees
payable on conferring the title of Talukdar shall be collected.
Number 8. Where a land is taken over by streams or landslide and arrangement has
been made for lesser land tax or revenue on such land upon
examination of the same or by an order of the Government, no other
person shall be entitled to cultivate that land against payment of higher
land tax or revenue unless and until that land is restored into its original
condition. When, even after the land has been restored into its original
condition, the full land tax or revenue has not been paid and the new
tenant shows up to accept it, then the land shall be provided to the new
tenant subject to the payment of the full land tax or revenue. The old
tenant shall be liable to the land tax or revenue payable for Five years,
excluding the Two years after the restoration of the land into its
original condition, and a fine equal to the amount of such land tax or
revenue.
Number 9. The title of Jimmawal or Talukdar shall not be taken away without any
fault. If any application is made by a person requesting for the title of
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Jimmawal or Talukdar that has been vacant for any reason and new
arrangement has to be made, the title of Jimmawal or Talukdar shall be
so conferred by the office to the person chosen by many tenants that
land taxation regime is not affected against the guarantee of such
tenants in accordance with law, and necessary formalities including the
assumption of duties by that person shall also be exhausted. If the title
of registration holder Talukdar or Jimmawal is vacant because of the
death or absconding of the Talukdar or Jimmawal and the title has to be
conferred to his or her heir and if the title is to be conferred to one who
accepts the title upon making payment of due land tax, in the event that
the title has been taken away due to the failure to pay the land tax in
full, it is not required to get the onwers to choose the Talukdar or
Jimmawal. The title shall be conferred so that the land taxation regime
is not affected. In so conferring the title, it shall not be conferred to one
who has been imprisoned in default of payment of due land tax.
Number 10. If a person who is the Talukdar or Jimmawal for many places commits
any offense resulting in the deprivation of the title thereof and
consequently the title of the Talukdar or Jimmawal for one place is
taken away, then the title of the Talukdar or Jimmawal for other places
as well shall be taken in entirety and arrangement shall be made in
accordance with law. Except in the case of a place where it is provided
that the offence of concealment of the land tax or revenue results only
in the punishment but not in the deprivation of the title of the Talukdar
or Jimmawal, any Talukdar or Jimmawal who is held by any office to
be guilty of the offence shall not be allowed to continue his or her
duties unless and until he or she is acquitted of or released from such
sentence.
Number 11. Any Talukdar, Jimmawal or leader of tenants carrying out duties
related with land taxation regime may, if he or she wishes to resign
from the office, stating that he or she is no longer able to carry out such
duties, so resign from the day of Tika of Dashain to the day of Shree
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Panchami. The office shall effect such resignation and make such other
arrangements by fulfilling the requirements of law that the duties used
to be performed by him or her are performed uninterruptedly. If the
same person has taken the title of Talukdar, Jimmawal or leader of
tenants for many places, that person shall not be allowed to resign the
title thereof for some places and retain the same for some places. If any
amount is outstanding and payable by the person making such
resignation to the Government of Nepal, such amount shall be
recovered from him or her in accordance with law.
Number 12. If a house and land or cartilage (Gharbari) is registered in the name of
one person upon survey or examination, and subsequently brothers and
sons of that person live apart and build houses in that cartilage, then
Serma (a type of land revenue in hills and Kathmandu valley) shall not
be collected from each household until another survey or examination
is carried out; only one Serma shall be collected. Provided that each
and every household shall pay the Saunephagu (roof tax in the hill
districts and Kathmandu valley).
Number 13. One who makes deprivation of the title in an unauthorized manner and
one who confers the title to which a person is authorized to another
person shall be liable to a fine of Twenty Rupees in the case of
cartilage or Talukdari, of a sum equal to the land revenue of One year
in the case of low land (Khet) and of Two and half rupees in the case of
impediment only. If any such impediment results in the non-cultivation
of land or disorder in the land taxation regime, then the amount in
question shall be recovered where so required, and a fine of Ten
percent of the amount in question shall be imposed.
Number 14. One who claims such land or title of Talukdar as to which one is not
entitled shall be liable to a fine of ten rupees in the case of a claim for
the title of Talukdar and of Two and half percent of the value of the
land claimed in the case of a claim for the land.
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Number 15. One who makes reluctance and refusal to confer the title or land to the
proper person who is entitled thereto shall be liable to a fine of Ten
Rupees in the case of cartilage and of Five percent of the value and
amount in question in the case of land.
Number 16. Any form of exchange including the sale and disposal of and mortgage
of the title of Talukdar or Jimmawal shall be invalid. The title shall be
conferred to one who is chosen by the landowners in the same village.
Number 17.241 A suit on the matter of registration by a person of a land belonging to
another person except encroachment and enjoyment by the Talukdar
shall not be entertained if it is not made within Six months after the
date of knowledge of such registration, and a suit on the other matters
shall not be entertained if it is not made within two years after the date
of the cause of action.
241 Amended by the Seventh Amendment.
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Chapter-10
On Encroachment of Land
Number 1. No person shall enjoy other's land by way of encroachment,
overlapping, pressing or otherwise and conceal, in any manner, and
enjoy a government land without paying the land tax or revenue or
cause another person to so enjoy.
Number 2. If the stream enters and divides the same land and again the stream
leaves the land, then the sandy land through which the stream has run
shall belong to the person who owns it. The owner of the side where the
stream has converted the border land into a sandy land shall be entitled
to cultivate and enjoy the land by paying the land tax or levy. The
owner of one side shall not be entitled to cultivate the sandy land on the
other side and vice versa. If the owner of the sandy side does not
cultivate, other person may cultivate and enjoy the land by paying the
land tax or levy.
Number 3242. Any of the following acts shall be deemed to be the concealment of
land:
Concealment of a Raikar land (land of which tax is collected directly
by the state or through state functionaries) or other governmental or
public land stating that such land is a State trust or other land or
housing plot as enjoyed since ago or pressing or encroachment and use
of a Raikar land or other government or public land through these
lands……………………………1
Use of any government or public land without its registration, other
than a housing plot as exempted and enjoyed since
ago……………………..2
Use of a border land or separate land by virtue of the registration of
another land………………………………….3
242 Amended by the Seventh Amendment.
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Number 3A.243 Any of the following acts shall be deemed to be the concealment of
land tax or levy:
Use of the previously registered Bhith (non-irrigated land and home
sites in the eastern Terai region), Pakho (non-irrigated land in the hill
districts) and sloppy grass land or housing plot as exempted and
enjoyed since ago as a Khet (paddy field) with the use of an irrigation
channel without registering the same as the Khet……..1
In the event of arrangement of reduced land tax because of damage to a
land, use of that land without paying the land tax in full pursuant to
Number 8 of the Chapter on Land Evictions event after the restoration
of that land into its original condition………..2
In the event of obliteration of the records of a land because of severe
damage by the stream or landslide, use of that land without registration
and payment of the land tax even after the restoration of that land into
its original condition……………..3
Number 4. In the case of a place where there applies a government deed providing
a certain course of action against a person who conceals and uses, or
causes the concealment and use of, a government land without paying
the land tax or levy for such concealment and use, then it shall be
according to that deed. The following provisions shall apply in the case
of a place where there is no such deed applicable:
Where the Talukdar himself or herself has knowingly concealed,
pressed and used or caused to be concealed, pressed and used, the
government land, the amount of the land tax or levy leviable by law
shall be recovered from him or her, a fine equal to that amount shall be
imposed on him or her and he or she shall be dismissed from the
Talukdari (title of Talukdar). In the event of the use of amount in
question by the tenant not by the Talukdar, the amount in question shall
243 Inserted by the Seventh Amendment.
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be recovered from such tenant. If the amount in question is not
recovered from the tenant in full, then the shortfall amount in question
shall also be recovered from the Talukdar who has so knowingly
caused such concealment and use; and if the Talukdar has not known
the concealment and use of the amount, then the tenant who makes
such concealment and use shall be liable to the land tax or levy
chargeable pursuant to law and a fine equal to the amount of that land
tax or levy…………………1
Despite that the Talukdar is ignorant of the concealment and use of the
government land by tenant by making a shelter or shed (Dhuri),
without making payment of the land tax or levy, the Talukdar shall be
liable to a fine of one rupee for each roof for the failure to take
care……………………………2
If a person encroaches, presses and uses a government land, to which
one has not title, by using his or her Kipat land, such area of the
government land as held to have been encroached, pressed and used by
that person by using that Kipat land belonging to that person shall be
deducted in a plotting from the Kipat land belonging to that person, on
the border or ridge of the government land that has been so pressed,
and the Kipat land so deducted and the government land so encroached,
pressed and used shall be accumulated and entered into the records of
government Raikar land, with fixation of the land tax or levy
chargeable in accordance with law, and registered in the name of the
person who is entitled to use o tom accordance with the procedures set
forth in Number 6 of this Chapter. If, in making deduction of land, such
area of land as encroached, pressed and used is not sufficient from the
KIpat land, such land tax or levy as may be chargeable by law shall be
collected in the case of the shortfall area of land. No fine shall be
imposed. No deduction of land shall be made also in cases where the
owner is ignorant of encroachment, concealment and use by the tenant
and where the government land is encroached, concealed and used with
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a trust (Guthi) land. The border shall be set right or restored by
imposing a fine equal to the share of crop accruing to the owner (Dhani
Boti) on the tenant in the event of encroachment made by the tenant
upon payment of the land tax or levy, and by recovering the land tax or
levy of the land from, and imposing a fine equal to the amount of the
land tax or levy on, the encroacher in the event of encroachment of the
land with the trust (Guthi) land……………………………3
Number 5. Where a suit is made against a person who encroaches or conceals and
uses a government land while the person is alive, and the person is held
to have committed such encroachment or concealment, and
consequently the amount of the land tax or levy in question applicable
to the land so encroached or concealed and used has to be recovered
from the person, the land tax or levy chargeable for ten years only shall
be recovered despite that the person has encroached or concealed and
used the land for more than ten years, and for such years as during
which the person has so encroached or concealed and used where the
period is less than ten years. In cases where the encroacher or
concealment maker dies and his or her son, grand-son or heir accepts
the continuance of the case or where the encroacher or concealment
maker dies and a suit made against his or her son, grand-son or heir or
one who is tilling and using the land is adjudged, there shall be
recovered the amount in question for two years only despite that such
encroachment or concealment and use has been made since more than
two years ago.
Number 6. Even in cases where the land is liable to be deducted from the Kipat
land upon holding that the government land has been encroached,
pressed, concealed and used and where the land is liable to be
withdrawn along with the dismissal of Talukdari upon proven guilty of
encroachment and concealment, and there is a government deed
applicable to that place to the effect that the land and Talukdari is not
liable to be withdrawn and dismissed despite such encroachment, then
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the deed shall be applicable. In a place where such a deed is not
applicable, registration shall be made by fixing the land tax or levy, in
accordance with the following procedures:
Such area of land cultivated and used by another person out of the land
deducted from the Kipat upon the encroachment and use being proved
and the land registered out of the land encroached, concealed and used
without paying the land tax or levy shall be registered in the name of
the cultivator and user, and only the Talukdari shall be granted to the
informer. In the other cases, the whole of the land deducted from the
Kipat out of the total area of the land cultivated and used by the person
who has been encroaching concealing and using on his or her own as
well as the half of the government land as encroached shall be
registered in the name of that encroacher, and half of the government
land so encroached and used and half of the land as registered as a
result of the encroachment, concealment and use without paying the
land tax or levy shall be registered in the name of the informer and the
half shall be registered in the name of that person who has been so
using it without paying the land-tax or levy, and where the Talukdar
has committed the offence of encroachment, concealment, the title of
such Talukdar shall also be registered in the name of the informer…. 244
…………1
If, in setting aside the land to the informer and a person using the land
in accordance with the provisions set forth in section 1 above, the
person using the land has bee using it as cartilage (house and land),
such area of land as he or she is entitled to shall be so set aside that it
falls in the same plotting and is convenient to him or her and that both
lands form the same plotting despite that he or she has not used the land
as cartilage……………2
244 Deleted by the Seventh Amendment.
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Number 7.245 …………………….
Number 8. In granting the title of Talukdar to an informer who is entitled by law to
the title on the ground that he or she has made a complaint or
accusation and got the accused to make confession, the tenants shall be
allowed to choose him or her if they so desire, and if many tenants
choose him or her, the title of Talukdar shall, by getting a bond
executed by him or her, be so granted to him or her in accordance with
law that the land-tax or levy arrangement remains in order. If, in
making such choice, no one does choose him or her or the number of
those who choose him or her is less that that of those who do not, the
title of Talukdar shall not be granted to him or her. The matter shall be
governed by Number 50 of the Chapter on Punishment.
Number 9. If a land is withheld pursuant to law, the land shall not be transferred to
other in any manner despite that the transferor has title to it unless and
until the withholding is lifted, and even the receiver shall not take it
knowingly. If such a transaction is done, it shall be void.
Number 10. If a suit is filed claiming that any person has concealed or encroached
and used a government land or land tax or levy and a suit or complaint
is made on the matter of title to land owned by persons, then the crops
of that land in dispute shall not be allowed to be taken by any person
nor shall the recovery of such crops be effected pending the disposal of
the dispute. Justice shall be imparted by withholding or attaching the
crops of each year in accordance with the following procedures pending
the settlement of the case. After the disposal of the case, the crops shall
be released to the person entitled thereto, and whatever deposited in the
office and held to be returned shall be dealt with and returned in
accordance with law:
After a suit or complaint has been made as mentioned above, upon the
filing of the statement of defense, if the crops of the land in question do
245 Repealed by the Seventh Amendment.
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not ripe and become ready for cultivation until the time when the
statement of defense has to be made, and even prior to the filing of the
statement of defense, if the crops of the land in question ripe and
become ready for cultivation before the time when the statement of
defense has to be made, an attachment notice shall be immediately sent
to the Village Development Committee or Municiaplity, Jimidar or
Talukdar, whoever is available there, to cut, crush and thresh the crops,
take weight and measurement of the crops by Mana, and Pathi, and do
whatever acts as required, in presence of both the plaintiff and the
defendant, if they are available, and of their joint family members,
heirs above 16 years of age, if the plaintiff and the defendant are not
available, and of the owners of the adjoining lands and local
gentlepersons if even such members, heirs are not available, to hand
over the custody of the crops so cut or crushed to the person whom
both litigants trust, and to the reasonable person whom they trust
failing the person as trusted by both litigants, execute a deed in
triplicate duly signed in accordance with law, send one copy to the
office, retain one copy with the person making attachment, and give
one copy to the person in custody of the crops, and to sell the crops at
the rate prevailing at the village or market and convert the same into
cash in presence of both litigants if they so wish to witness and of other
gentlepersons if the litigants do not so wish, and apply such cash
proceeds to the payment of the land tax or levy, if any, payable on that
land in that place and to pay the remaining amount to the office, if a
notice of clearance is not received until the 15th day of the month of
Chaitra. The recipient of the notice shall also make attachment and
payment to the office as mentioned above and take a receipt
thereof………………………………1
While making an attachment pursuant to the provisions set forth in
section 1 above, in cases where a suit has been filed claiming that any
person has encroached, concealed and pressed a Raikar land or land-tax
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or levy, there shall be set aside for the plaintiff or the defendant who
has cultivated or tilled the land or a third person or the Talukdar who
has so tilled the land, half the crops according to the land tax or levy, if
any, fixed, and failing such land tax or levy and if rebate or remission
is allowed despite the fixation of the land tax or levy, half the crops
that can be yielded and in the case of a slant or sloppy land, such
amount of crops as may be purchased as Serma (land-tax or levy on an
unmeasured Pakho land) at the rate prevailing at the village or market
and the owner's share in the event of dispute between owners of the
land and the tenant's share in the event of dispute between the owner
and the tenant, and then half the crops shall be
attached………………………..2
In cases where the crops of the land in dispute have been cultivated or
planted by a litigant in the year of suit but it is not clear which of the
litigants has made such cultivation and both litigants make conflicting
claims on the cultivation of crops, all the crops of that year shall be
attached, and half the crops shall be given to one who is held upon
judgment to have made cultivation and the remaining half crops shall
be released or provided to the successful or winning
party……………….3
If a case is filed as mentioned above, the authority responsible for
attachment in that place shall make arrangement for the cultivation of
the land by any of the plaintiff and the defendant, who so wishes, and
by one who has cultivated the land in the year of suit if both of them so
wish to cultivate and by a third person if both of them do not so wish to
cultivate the land, and keep on such cultivation until the case is
adjudged. If the land remains barren as a result of the failure to make
such arrangement, the in-charge of the attachment shall pay for
crops………………….4
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After the final settlement and judgment of the case relating to the land
that has been attached pursuant to Section 1 above, the office making
attaching shall give, or cause to be given, the withheld crops that
remain after making recovery of the government dues, if any, from the
crops to the person whose title to the land is so
established……………………5
Where, in the event that an attachment has to be made, after the
attachment notice has been sent by the office where the case has been
filed as mentioned above and one who is not so entitled has taken up
the crops also as a result of omission of the receiver of the notice to
make attachment, and recovery cannot be made in full by the title
holder from the person who has taken the crops, in accordance with
law, the shortfall shall be paid by one who is responsible for making
the attachment……………..6
Where an attachment notice has been issued and the recipient of the
notice has also made attachment and handed over the custody but only
the person taking such custody has made embezzlement, and such
embezzlement has been made by the person who has been trusted by
the litigants of both sides, the amount in question shall be recovered, in
accordance with law, from that person so trusted, and that person shall
also be liable to a fine by Twenty percent of the amount in question. If
recovery cannot be made in full from such a person, no recovery can be
made by claiming against one who has handed over the custody to such
a person. Where the custody has been handed over to a person who has
not been chosen by both the parties and that person has made
embezzlement, then recovery shall be made,246 in accordance with law,
from that person making such embezzlement. If recovery cannot be
made in full in such a manner and if the person handing over the
custody is held to have made such hand-over with mala fide intention,
246 Amended by the First Amendment.
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the shortfall shall be recovered from the person making such handover247
……………….7
Where an attachment is in custody pursuant to this Number, the person
taking responsibility of attachment shall be entitled to a remuneration
at the rate of five percent of the yields or incomings produced or paid
by him or her. The rest upon deduction of the remuneration from the
yields or incomings shall be produced or
paid………………………………….8
Number 11. No ten percent fee shall be charged while releasing the crops attached
upon a case filed in relation to the land to, or returning the money made
upon converting the crops into cash and held in the office to, the title
holder.
Number 12. No one shall till or dig, and over sow seeds, in a land that has already
been tilled or dug by, or in which seeds have already been sown, by
other person. No one shall also overlap seeds. No one shall also loot
and forcibly snatch the crops planted or cultivated by other person.
Such crops may be taken only after having the entitlement decided
upon making a suit for the same.
Number 13. In making a recovery of the crops of a land, the recovery shall be made
by collecting the yields of that land by making a recognizance deed and
inquiring the local gentlepersons and neighbors into the matter.
Number 14. A person who claims a land to which he or she is not entitled as his or
her own land or who forcibly possesses a land owned by other person
shall be liable to a fine by two and half percent of the value and amount
in question of the land.
Number 15.No person shall do any thing that may destroy the crops in a land to
which he or she is not entitled.
247 Amended by the First Amendment.
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Number 16. If a divine act occurs to the crops, then an application or complaint has
to be made for examination with the time-limit prescribed by law, in a
place where the land tax or levy of that land has to be paid. If the
cultivation of crops is made without having such an examination, the
person concerned shall not be entitled to the remission of the rent of
crops and land tax or levy on the ground that such a divine act has
occurred.
Number 17. If a person shows up to claim that the rent of crops or land tax or levy
cannot be covered by the crops of the land due to a divine act, it is
forbidden to tell him or her that he or she has to pay the whole of the
existing rent of crops or land tax or levy. Such rent or tax shall be
collected by giving remission or on the basis of half portion of crops.
Number 18.248 If a suit is not made within six months after the date of knowledge, in
relation to the matter of land, other than the matter of the exchange of a
land attached and concealment of land or concealment of land tax or
levy, within three years after the date of knowledge in relation to the
matter of rent of crops and within one year the date of final disposal
upon settlement of the title to the land in the case of crops of the land in
dispute, the suit shall not be entertained.
248 Amended by the Seventh Amendment.
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Chapter-11
On Construction of Buildings
Number 1. No one shall construct a building by making encroachment on a
land in which one has no right. The owner of the land shall not
stop the eaves (Baleni/Balesi) drops in his or her land. If the owner
of the land wants to construct a building or erects another storey in
the building, he or she is entitled to construct it without
encroaching the land where eaves drop. No one is entitled to stop
it.
Number 2. No one shall make encroachment on the road or drain in the course
of constructing a building. No one shall keep a water channel/pipe
(Dund) which may cause water to drop on the road.
Number 3. No one shall create any obstacle to the outlet exit (Nikas) in use or
given to use since the past. No one shall forcefully take or use any
place for an outlet exit which is neither being used nor given since
the past.
Number 4. No one shall construct a building on the land in which he or she no
right or on any disputed land. In case a person so constructs a
building, the person who builds such building shall give-up that
building upon receiving such reasonable costs as determined by the
prudent local people (Panchakriti) for the same or shall vacate the
land within Six months upon demolishing the building. In cases
where the owner of the land does not agree to accept the building
by paying the costs as determined by the prudent local people or
the building constructor does not agree to give the building by
receiving the costs as determined by the prudent local people and
demolishes it, the building constructor shall pay an amount of Five
percent of the costs of the building as determined by the prudent
local people to the owner of the land. In cases where the builder
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does not demolish the building within a period of Six months, the
builder shall not be entitled to demolish the building after the
expiry of such time period and the building shall belong to the land
owner. In an area/place where a building has to be constructed by
getting the design of the building approved, no one shall stop
constructing building that has started upon laying its foundation
after the approval of the design.
Number 5. In cases where the concerned officer finds that a building is going
to be collapsed or has collapsed in such a way that people could
not reside in it and it is so found upon an inquiry; a notice (Purji)
shall be issued in the name of the owner of the building to
construct (renovate) the building upon vacating it within Six
months, except in Fours months of rainy season, upon informing
the owner that such a collapsed building may cause harm to other
buildings; and if the concerned person does not construct such a
building within such prescribed time, the cost of such a building
including land shall be got determined by the prudent people, and a
notice thereof shall be issued and auctioned after the expiry of such
time, and the proceeds of such auction shall be handed over to the
owner of such building and land.
Number 6. A building of which walls are made of baked brick or stone, with a
roof made from anything and a building made of brick, stone or
concrete (Bajra), made Munda even without the roof, shall be
considered to be a Pucca building/house, and a building made of
other things this shall be a Kachhi building/house.
Number 7. Anyone who is residing in a building or shop constructed in a
taxable or state-trust (Raikar or Rajguthi) or other land, with or
without paying any rent, shall be treated as a tenant and such a
person shall not be entitled to transfer the ownership by any means,
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and in the course of making confiscation of property of the person
in rent, such a rented property shall not be confiscated.
Number 8. In cases where the owner of a building or shop agrees to permit a
person to stay in his or her building or shop whether in
consideration for rent or otherwise, upon preparing a deed for the
same, the matter shall be dealt with in accordance with such deed.
No one shall cause to vacate in the meantime. In cases where there
is no condition as to the date to vacate the building, the owner shall
not cause to vacate until Five years. In cases where it becomes a
family need or if the person staying in rent commits a crime
involving moral turpitude against the owner, the owner may vacate
the building even though there is a deed between them. The owner
shall not be entitled to vacate the building in the pretense of family
need or other imaginary cause and rent it to anybody else. In cases
where the owner rents the building to any one else within Three
years after the vacation of building for his or her family, the person
so evicted may file a case within Thirty Five days of such new
renting, and such a person shall be entitled to rent such a building.
Number 9. In cases where one has to evict a person staying in a building or
shop rented, the owner shall give a notice of Thirty Five days to
vacate his or her building or shop, and one can only vacate his or
her building only after such notice. No one is entitled to vacate his
or her building without a Notice prior to the agreed date.
Number 10. Any person, who constructs a building upon encroaching the
drainage (Dhal), shall be liable to construct such drainage at his or
her own cost and shall also be liable to a fine of Ten percent of
such cost.
Number 11. In cases where any person does not file a suit on the construction
of a building upon encroaching the land within One year from the
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date of completion of the construction of building, the suit shall not
be entertained.
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Chapter 12
On Husband and Wife
Number 1. No conjugal relation can be dissolved except in the circumstances as
referred to in Section 9 of Number 2, and Numbers 4,5,7 and 8249 of the
Chapter on Marriage and those mentioned below. Even in cases where
such relation has to be dissolved on account of such circumstances, there
shall be filed a petition setting out the reasons therefore and after a
judgment therein by the court, the conjugal relation may then be dissolved
only according to that judgment:
If a wife has left her husband and lived separately for a continuous period
of Three years or more without his consent, or she has carried out any
such act or intrigue or conspiracy as is designed to put an end to the
husband's life, lead to his physical disability or result in any other severe
physical or mental 250suffering to him, or………………..251 the wife
suffers from any incurable veneral disease252 or the wife is held to have
sexual intercourse with any other man, the husband may dissolve his
relation with such a wife………………………………..1
If a husband has brought or kept another wife or banished her from the
house, or not provided her with food and clothes or left the wife and lived
separately without seeking any news of her and without taking care of her
for a continuous period of three years or more or carried out any such act
or intrigue or conspiracy designed to put an end to her life, lead to her
physical disability or result in any other severe physical or mental253
suffering to her or has become important, or the husband suffers from any
249 Amended by the Eleventh Amendment.
250 Inserted by the Eleventh Amendment.
251 Deleted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
252 Inserted by the Eleventh Amendment.
253 Inserted by the Eleventh Amendment.
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incurable veneral disease254 or the husband is held to have sexual
intercourse with any other woman or the husband is held to have raped the
wife as mentioned in Section 6 of Number 3 of the Chapter on Rape,255 the
wife may dissolve her relation with such a husband ---------------- 2
In a situation other than those mentioned above, the conjugal relation may
be dissolved with the consent of both the parties--3
Number 1A.256A party willing to dissolve the conjugal relation under Section 1 of
Number 1 of this Chapter or both the husband and wife in case they desire
to dissolve the relation with their mutual consent under Section 3 of
Number 1, shall file a petition to the concerned Village Development
Committee or the Municipality, as the case may be, and such Village
Development Committee or the Municipality257 shall, to the extent
possible, convince both the parties and make them have compromise. If
such compromise shall not be reached even upon so convincing and
reminding them and if it shall be better to het the relation dissolved than to
maintain the marriage, it shall, with in one year of the filing of the
Petition, forward the received Petition, accompanied by its opinion too, to
the concerned District Court having authority to dissolve the relation.
Number 2.258 If the wife concludes marriage with anohter person, the relation of such
husband and wife shall ipso facto be dissolved.
Number 3.259 A child born within Two Hundred and Seventy Two days of the date of
dissolution of the conjugal relation pursuant to the Act shall, unless
otherwise proved, be the child of the divorced husband. In regard to the
subsistence of such a child and a minor below or above the age of Five
years, the following provisions shall apply:
254 Inserted by the Eleventh Amendment.
255 Inserted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
256 Inserted by the Sixth Amendment.
257 Amended by Some Nepal Acts Relating to Court Proceedings (Amendment) Act, 1990.
258 Amended by the Eleventh Amendment.
259 Amended by the Sixth Amendment.
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In case a mother herself desires to subsist a minor, she shall subsist the
minor, and if she does not so desire to subsist, the father shall subsist the
minor ------------------------- 1260
-------------------------------------------- 2261
Notwithstanding anything mentioned in Section 1 ……….262 of this
Number, in the event of the consent of both the father and the mother,
either of the father and the mother may subsist such a minor or they may
subsist the minor by turns ----- 3
Whoever of the father or the mother who is subsisting the minor shall
provide the father or mother who is not subsisting the minor with a chance
to meet him or her occasionally in case it is not prejudicial to the interests
of the minor or there is not a likelihood of such prejudices. Even the
mother who concludes next marriage263 shall also be entitled to obtain
such a chance -----------4
Where the mother is subsisting the minor , the father shall according to his
status and income provide the reasonable expenses for the food, cloths,
education as well as medical treatment of the minor, where the father who
is subsisting a minor and where the mother who is not subsisting such a
minor has mire income than that of the father, even such a woman shall
also bear such a sum of expenses for the food, cloths, education and
medical treatment of the minor as is determined by an order of the court
having regard to the conditions -----5264
Number 4. Where the husband alone or accompanied also by the parents in-law has
banished the wife from the house without providing her with food and
clothes or has frequently battered and harassed her or the husband has
brought or kept another wife, such a wife shall be entitled to get her
260 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
261 Deleted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
262 Deleted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
263 Amended by the Eleventh Amendment.
264 Amended by the Ninth Amendment.
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partition share from the partition share of her husband. If such a wife dies
or concludes next marriage,265 such of her share as is residue after her
use/consumption shall devolve to the her. Where the parents-in-law alone
have banished her, she shall be provided with food and cloths according to
the status and income.
Number 4A.266 Where the relation has been dissolved pursuant to Number 1 of this
Chapter, the court shall make decision on divorce only after having
partition between them. In cases where even the husband has not taken his
partition share, the court shall order the submission of an inventory of
property, partition between the co-parceners, estimate the partition share
of such a husband and that of the wife making divorce from partition share
of such a husband, and cause the husband to pay monthly alimony for the
maintenance and subsistence of such a wife pending the execution of
partition. The woman shall be entitled to the property taken as the partition
share of the divorcee after the execution of partition. If such a woman does
not conclude next marriage or does not have any offspring despite the next
marriage, then after her death, the offspring, if any, born from her previous
husband and if such offspring be not available, the previous husband shall
be entitled to such property obtained by her.
Number 4B.267 Notwithstanding anything mentioned in Number 4A. of this Chapter, if
the wife making divorce does not intent to obtain her partition share but
annual or monthly expenses from the husband instead of such partition
share, the court shall order the payment by the husband of annual or
monthly expenses on the basif of the property and income of the husband.
The husband shall continue to make payment of such expenses until such a
woman remarries.
265 Amended by the Eleventh Amendment.
266 Amended by the Eleventh Amendment.
267 Inserted by the Eleventh Amendment.
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Number 4C.268 Where divorce is made pursuant to Number of this Chapter, and there is
no property to be partitioned pursuant to Number 4A., and the woman who
does not so have partition share from her husband intends to have payment
of expenses for food and clothes from her husband and where such a
husband has income, the court shall order the recovery of expenses for
food and clothes by such wife from such husband. The husband has to pat
such expenses until such a woman remarries.
Number 5. While spending the wife's Daijo269 and Pewa270 such spent Daijo and
Pewa property may be compensated from the joint property of all the
coparceners living in the joint family without sub-division of the property
according to the Chapter on General Transactions, only if consent to that
effect in writing has been obtained from all the coparceners who are above
the age of sixteen years, if any, where such property has been spent or
dealt out without fulfilling the said set out procedure, such property shall
not be capable of being borne by the coparceners and compensated from
the joint property, in case the other coparceners do not consent.
Number 5A271 One may file a suit for the confirmation of his or her relation with any
other person. If the concerned person is a minor, the heir also may be
entitled to file a suit, for the confirmation of the relation of such a minor.
Number 6. If a suit is not filed within One year of the occurrence and commission of
the act in relation to the matters other than those set forth in Number 1 of
this Chapter, and in relation to the matter of adultery, the suit shall not be
entertained.
268 Inserted by the Eleventh Amendment.
269 Any movable or immovable property given to a woman by the relatives and friends of maternal-side
and any property earned there from.
270 Any movable or immovable property given to a woman by the husband or by other coparceners of
husband through a deed to that effect or any property given her by the relatives of friends of the husband
side.
271 Inserted by the Ninth Amendment.
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Chapter-13
On Partition
272Number 1. While partitioning a property after the commencement of this
Number, it shall be partitioned between the father, mother, wife,
son and daughter individually, subject to the provisions of this
Chapter.
273Number 1A. Notwithstanding anything contained in Number 1, it shall not be
necessary to provide a share in property to the married daughter.
Number 2. Except as otherwise provided in this Chapter, all the coparceners
shall equally receive the property in the course of making
partition pursuant to Number 1 of this Chapter.
274Number 3. The sons and daughters of brothers of a joint family shall receive
their share only from the property of their father.
Number 4. If there are co-wives of a husband, all of them shall be entitled to
receive their share from the property of their husband pursuant to
the Act.
275Number 5. If the husband or the father dies before the partition of the
property, the share in property to which he is entitled shall go to
his wife or children.
276Number 5A. Children born by from the couple whose marriage has been held to
be void pursuant to the Chapter on Marriage shall also receive their
share in property from their parents.
Number 6. 277.............
272 Amended by the Eleventh Amendment.
273 Inserted by the Eleventh Amendment.
274 Amended by the Eleventh Amendment.
275 Amended by the Eleventh Amendment.
276 Inserted by the Eleventh Amendment.
277 Repealed by the Sixth Amendment.
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Number 7. The children born of a woman staying without having a particular
husband shall receive the share only from the mother's property
until the husband is identified.
Number 8. A wife kept outside without making it public or children278 born
of her shall not be entitled to claim their share in the property
after the death of the husband or the father.
Number 9. One who performs Vijaya Hom (religious offering) upon getting
one's head shaved shall not be entitled to claim a share in the
property.
279Number 10. The children shall not be entitled to compel their parents to give
them their share in property as long as the parents are alive.
Likewise, no parents are entitled to separate their children by
giving them their share in property unless the children intend to be
separated. The wife also cannot get separated upon receiving her
share in property without the consent of her husband as long as the
husband is alive. The husband or the parents have to provide food
and clothing (means of livelihood) according to their social status
and financial capacity and shall also provide appropriate education
as well as medical treatment as per necessity. If it is not so
provided, they shall be given their share in the property. The
matters written in Number 4 of the Chapter on Husband and Wife
shall be governed by that Number.
Number 10A. 280..........
281Number 10B. In the course of partition of the property between the parents and
the children,282 if the parents want to stay with a particular son or
daughter, it should be mentioned in the deed of partition per se and
278 Amended by the Eleventh Amendment.
279 Amended by the Eleventh Amendment.
280 Repealed by the Eleventh Amendment.
281 Inserted by the Sixth Amendment.
282 Amended by the Eleventh Amendment.
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such a son or daughter shall keep the parents with them and take
care of them. If the income of the aged parents is not sufficient for
their food and clothing or if they do not have any son or daughter
or son's son living in the joint family to take care of them, even the
sons or daughters living separately shall take care of them upon
providing them with food and clothing (means of livelihood)
according to their social status and economic capacity.
283Number 10C. If a woman who is entitled to receive a share in property, any
amount or expenditure in accordance with the decision (made by
the adjudicating office) is not provided with the same and submits
an application to the adjudicating office that has made the decision
stating the complaints, the office shall impose the punishment of a
fine of One Thousand Rupees or an imprisonment of One month
or the both on the person who has not so provided to the woman
concerned as per the decision if the parties to the case are the same
and the office shall also cause to provide the share on property,
amount or expenditure to the woman as soon as possible.
Number 11. If a man living separately upon receiving his share in property has
mixed up his property with the property of the wife or any of the
sons and has kept them together with him, and afterwards, if he
brings another wife and if children are born to them, the share of
property and Jieuni (larger or smaller share in property) shall be
put together and partitioned between those living jointly and those
brought or born afterwards pursuant to the Act. If a man after
having separated with his share of property brings another wife or
if any son or daughter284 is born, such wife or son or daughter so
brought or born afterwards shall be entitled to have share on the
share property and Jieuni of the husband or the father. Those
brought or born after mixing up of the property are not entitled to
283 Amended by the Eleventh Amendment.
284 Inserted by the Eleventh Amendment.
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claim share in the property of those who have already got
separated.
285Number 12. A widow, if she so desires, can receive her share in property and
live separately. If the widow or vidhur (a man whose wife is dead)
who has no children enters into the next marriage, he or she is
entitled to dispose of his or her share of property at his or her
discretion. If the widow or the vidhur (a man whose wife is dead)
who already has children enters into next marriage, they shall take
care of, educate and instruct those children from such property
until the date they become minor. They cannot partition and sell
(dispose of) such property other than for that purpose. When
children cross the age of minority, they can dispose of their share
at their discretion. In cases where the widow who has entered into
next marriage does not have children, the property which such a
widow is entitled to shall devolve on the children of her previous
husband, and if there is no child from the previous husband, the
property shall devolve on the heir of the previous husband after her
death.
Number 13. If a widow who has not received her share in property and who has
been treated in accordance with law, goes to stay elsewhere
leaving her own house, the heir need not to repay a loan borrowed
by such a widow.
Number 14. In the course of partition of a property after the death of the father
and husband, all the remaining properties after performing his last
rites including the earnings and loans of the father and the grandfather
and husband living jointly or separately shall be partitioned
equally between the wives and the sons and daughters286 in
accordance with law. If, after the death of the father, some
285 Amended by the Eleventh Amendment.
286 Amended by the Eleventh Amendment.
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children287 are living with the mother or no children288 are living
together but are living separately without taking share in the
property at their own free will and property is to be partitioned
after the death of the mother, all that remaining properties after
performing her last rites including the earnings and loans of the
father and grand-father shall be partitioned equally between all the
children289 in accordance with law. The properties and loans
remaining after the separation of kitchen (Mano) shall be dealt
with in accordance with the Act.
Number 15. The partition of property in a large or a small quantity of a share is
called Jieuni. To provide Jieuni, up to additional Five percent of
the property which he or she is entitled to received as a share shall
be considered lawful. If, after giving or receiving Jieuni, a
complaint is filed within the limitation as mentioned in Number 32
of this Chapter, the property including the Jieuni shall be put
together and be partitioned in accordance with the Act.
Number 16. 290.............
Number17. While setting aside the wedding expenses for the sons and
daughters who are not married, regardless of whether the number
of unmarried sons and daughters is large or small, Five percent
shall be set aside for wedding expenses if the total value of the
property is more than Two Thousand Rupees, Ten percent if the
value of the total property amounts to less than Two Thousand
Rupees to One Thousand Rupees and Twenty percent if the value
of the total property amounts to less than One Thousand Rupees
and the resulting amount shall be equally partitioned, at the rate
of partition share for the wedding expenses. While making
287 Amended by the Eleventh Amendment.
288 Amended by the Eleventh Amendment.
289 Amended by the Eleventh Amendment.
290 Deleted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
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partition in this manner, if there is only one person to receive
wedding expenses while those entitled to have share in property
happen to be many more and if the wedding expenses amount
becomes more than the amount to be received by those entitled
(coparceners) to receive share in property, then he or she will
receive upto Three Fourth of the amount that one of them gets as
of the share by partition as wedding expenses and no more than
that. While partitioning property among brothers, no wedding
expenses need to be set aside for the brothers' sons and daughters.
291Number 18: If the coparceners are living together in the same joint family
without separating their kitchen (mano), all the property earned or
increased by any of the coparceners out of the joint property
(sagol) or from joint farming, industry, trade or business, or the
loan borrowed pursuant to Number 8 of the Chapter on General
Transactions shall be partitioned between all those coparceners
living together. Provided that the property earned personally by a
coparcener through his or her own knowledge, skill or efforts or
the property received as a donation (dan) or gift (bakas) personally
by any one or the property from inheritance (aputali) or the
property or income received as referred to in Number 5 of the
Chapter on Woman's Share in Property shall be considered as the
personal property of the person who has received or earned it and
he or she shall be entitled to use such property as he/she likes. He
or she shall not be compelled to divide such property with any
other coparceners. If the individuals are living separating their
kitchen (mano) even without partition or has been using the
property without having it legally registered, being responsible for
their own profit and loss and maintaining their life from their
portion, they shall be considered to have separated their kitchen
291 Amended by the Seventh Amendment.
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(mano) in property, though they are living together. In such a
situation, their earnings and loans shall be their own.
Number 19. The movable and immovable property of a person who has wife,
son and unmarried daughter292 or a widow daughter-in-law and
who have not received their share in property shall be dealt with
as follows:
In the case of the movable and immovable property from the
ancestors' time, all of the movable properties and up to half of the
immovable properties may be used at one’s own discretion to meet
the household needs even without the consent of the wife, son,
unmarried daughter293 or widow daughter-in-law. In the case of
more than half the immovable property, it may be spent only after
having the consent of the wife, son, unmarried daughter294 and
daughter-in-laws even for meeting the household needs. If such a
property is used without their consent, it shall not be considered
lawful……1
In the case of the movable and immovable property earned during
one's own life time, the person, who has only one wife and sons or
unmarried daughter295 from only one wife or there is a similar
situation arising from the death of other sons, the unmarried
daughter296 and wives, may use such property at one’s own
discretion. The person, who has more than one wife or son or
unmarried daughter297 from more than one wife or son or
unmarried daughter298 from this or that wife, may use such
property at his or her own discretion, except giving it to the
292 Amended by Eleventh Amendment.
293 Amended by Eleventh Amendment.
294 Amended by Eleventh Amendment.
295 Amended by Eleventh Amendment.
296 Amended by Eleventh Amendment.
297 Amended by Eleventh Amendment.
298 Amended by Eleventh Amendment.
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favourite wife, son or unmarried daughter299 as a gift (Bakas) or
by any other means of transfer. It shall be lawful only if it is
partitioned among all wives, sons and unmarried daughters300 in
accordance with their lawful share…….2
The act of using the property as mentioned in the foregoing
Sections at one’s own discretion without the consent of his wife,
son, unmarried daughter301 and widow daughter-in-law shall be
lawful. In the case of the property which one cannot use at one’s
own discretion, the act of giving the movable and immovable
property from the ancestors' time to the favourite wife, son,
unmarried daughter302 and widow daughter-in-law as one likes
shall be lawful only if the wife, son, unmarried daughter303 and
widow daughter-in-law above the age of Twenty-One years who
have not received their share in property agree to
it....................................3
In cases where one cannot use the property at one’s own discretion
as mentioned in the foregoing Sections, an individual may dispose
of the property at one’s one discretion if the property is equal to his
or her share in a case of partition............................………….4
If the property that may be given as mentioned above is given to
certain wife, son, unmarried daughter304 or daughter-in-law having
prepared documents before the partition of property takes place, it
need not be partitioned while partitioning the property afterwards.
A person who has received it can use it by himself or herself. If the
property so given is proved to be unlawful, it shall be put together
with the rest of the other property and be partitioned..………5
299 Amended by Eleventh Amendment.
300 Amended by Eleventh Amendment.
301 Amended by Eleventh Amendment.
302 Amended by Eleventh Amendment.
303 Amended by Eleventh Amendment.
304 Amended by Eleventh Amendment.
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Number 19A. 305............
Number 20. When a suit is filed for the partition of property and if the case
proves to be reasonable, before handing down the verdict, an
inventory of the property, movable and immovable including
debts, shall be taken from the head of the family responsible for all
household transactions, having him or her swear the god that he or
she has shown all the properties and has not concealed anything,
and then it shall be partitioned. If the person responsible for giving
the inventory does not abide by the (court) order, he or she shall be
imprisoned in accordance with Number 21 of this Chapter upto Six
months until he or she provides the inventory of all the properties.
When he or she provides the inventory of the property, he or she
shall be released from prison, and then the property shall be
partitioned in accordance with law.
Number 21. If the person responsible for giving the inventory of property is
imprisoned for disobeying (the court) order to provide the
inventory of the property, he or she shall be ordered to give the
inventory in every Two months from the date of imprisonment and
as for those who want the share in property, they shall also be
issued a notice with the order that they need to present the exact
inventory of the property to be partitioned in writing and get them
to sign a receipt for the same. If the person so imprisoned provides
the inventory within Six months after the date of imprisonment, it
shall be accepted and then the property shall be partitioned in
accordance with law. If he or she does not provide the inventory
within Six months, it shall be obtained the document containing
the details from those wanting to have the share in property within
the same period of time, and then the one imprisoned for
disobeying the order should be given another order stating if he or
305 Deleted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
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she does not report within Thirty-Five days starting from the date
he or she receives the order that those wanting to have their share
in property have either not shown all the property or listed as nonexistent
property or shown it to be more or less with intent to
having it for themselves leaving aside the share of one in prison
from the only property as listed, then all the property shall devolve
on his or her coparceners and his or her complaint shall not be
entertained. Having handed over this order he or she should be
made to sign a receipt for the same and if he or she reports within
that period of time, then the property should be partitioned in
accordance with law. If he or she does not report, a Muchulka
(deed) should be prepared to the effect that the details of property
as submitted by those wanting share in property is exact, no more
and no less, and that if afterwards it proves to be false, they shall
be punished in accordance with law, and then the property as listed
in the muchulka (deed) shall be partitioned in accordance with law.
If any property is found concealed, the person who has not made
concealment shall receive it in accordance with law. No complaint
of one who has not abided by the order shall be entertained.
Number 22. If, in a case related to the partition of property, the party
responsible for providing the inventory of property does not appear
before the court before the date is expired, he or she shall be
arrested immediately, and the inventory shall be obtained from him
or her. If he or she is not found when searched for One month
excluding the time required for the journey or after having been
arrested he or she does not provide the inventory within the period
of time fixed by law, then if one who wants share in property is
present, the inventory shall be obtained from him or her and it shall
be acted in accordance with Number 21 of this Chapter and if he or
she is not present or if the person who wants share in property has
not shown any property that he or she wants to have solely, a
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summons shall be issued and be posted to the effect that he or she
shall report being present within the set time, his or her
coparceners shall receive the property solely. After the service of
the summons, whether or not he or she appears in person (before
the court) to report, the property shall be partitioned in accordance
with the same Number 21. If the person responsible for presenting
the inventory of property does not present it or if he or she gets
arrested or does not appear (before the court) and if the person
claiming his or her share says that he or she is also unable to
present the inventory for certain reasons, a document to that effect
shall be prepared and have it signed, and the verdict shall be made
in accordance with law that the rest proceeding shall take place
when he or she prepares and submits the inventory. Following such
verdict, if he or she comes to submit an application afterwards, it
shall be entertained and the remaining action regarding the
document shall be taken in accordance with law and the necessary
action for execution shall be taken in accordance with law.
Number 23. While describing the details of the land, buildings/houses and other
articles to be partitioned, the boundaries, the quantity of land in
Ropani, Bigha or Muri, the taxes also if levied and if not, the
production, and shutters, stories, the boundaries of houses, whether
built from baked or raw bricks and the approximate price, and
apart from houses, the number of sellable articles, if there are any,
with description of their shape and size, and the probable price in
cash currently prevailing at the village or market and the
approximate price has to be fixed and exchanged to each other. If
anyone lodges a complaint to the effect that the given price has
been exaggerated, then the price has to be fixed by having a
meeting of the local elites (Sahu, Mahajan) and gentlepersons by
fixing the cost of articles or estimating the reasonable price.
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Number 24: If the party of the dispute supposed to give the key of the store has
been absent expiring the date or if he or she does not give the key
even when he or she is present and if the person entitled to receive
share in property presents an application demanding that the store
be opened and the details of property be checked and partitioned,
then the office should, in the presence of the one who has the key,
if he or she is present, or if not even in the presence of only one
party of the dispute and in the presence of at least Two
gentlepersons along with the member or representative of the
concerned Village Development Committee or municipality,306
open the store, check and prepare the inventory and partition the
property.
Number 25. Once the partition of property is completed and one's respective
share is accepted, no complaint requesting for replacement of the
goods that are found to be damaged shall be entertained.
Number 26. If, in a case concerning partition of property, the person required to
provide the inventory of property fails to provide it and partition is
made on the basis of the inventory provided by others, the person
who has not provided the inventory shall be, in addition to the
punishment to be imposed by any other Act, punished with a fine
that is by Five percent of the cost of the whole property of which
he or she has not provided the inventory.
Number 27. If any property is found to have been concealed after a document is
prepared stating that no property has been concealed, then the
person who has concealed such a property shall be deprived of
share in it. The other coparceners that have not concealed the
property shall be entitled to partition it between themselves in
accordance with law. No punishment shall be imposed for
concealing the property.
306 Amended by Court Proceedings Related Some Nepal Acts Amendment Act, 2047.
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Number 28. While partitioning a property, if the coparceners agree to receive a
combination of good and bad property, it shall be partitioned
accordingly, if not, it shall be partitioned by way of lottery.
Number 29. If, within Three years following the date of the partition of
property, the movable or immovable property of one's own share
proves to be of the other’s or if following a complaint filed (at the
court) it proves to belong to others, such a coparcener may receive
the substituting property from all other coparceners on the pro rata
basis.
307Number 30. Property shall be partitioned in witness of persons, and after
having partitioned the property in accordance with law, a deed of
partition shall be prepared, signed by those who give and receive
the share and by the witnesses, and registered. No partition of
property without completing all these terms and conditions shall be
valid. Provided that, until the date of the commencement of this
Act, partition of property made by a combination of good and bad
property with or without preparing a deed of partition, and if
following the partition the coparceners have lived separately taking
their rightful share and have also used it separately or even sold it
as they liked, and if it is proved from practical evidence that the
partition has been made, then no complaint made on the ground
that the document of partition has not been registered or that there
has been unequal share in the partition shall be entertained. Even
if it is not registered, it shall be valid. As regards taking less than
the rightful share or Jieuni at one's own free will or abandoning the
share in property, a deed to that effect needs to be registered.
Number 31. After a complaint is filed demanding that share in property be
partitioned, if it is established that the person concerned is entitled
to receive share in property, and after the inventory of property to
307 Amended by Seventh Amendment.
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be partitioned is submitted, if the plaintiff registers an application
demanding that the income from his or her share be attached, then
the share which he or she is entitled to receive shall be attached in
accordance with Number 10 of the Chapter on Encroachment of
Land308 until the property is partitioned, and after the partition is
made, the attachment shall be lifted.
Number 32. While partitioning property, it shall be partitioned in accordance
with law. It shall be neither more nor less. If a person who is
dissatisfied with the partition of property and attained the age of
Sixteen years may file a case within Three months from the date of
deed of partition and upon completing the age of Sixteen years if
one is below the age of Sixteen years and if the complaint is not
filed within such limitation it shall not be entertained. In a suit
related to the partition of property, even if the plaintiff expires the
date fixed for making presence, the case shall not be dismissed,
rather a verdict shall made based on what it appears to be
reasonable.309
Number 33. In cases where all the coparceners were in a joint family, the land,
houses, paddy field etc. which was a joint property to be
partitioned confiscated or attached by the government or the
salary, allowance and remuneration not being released, are
returned or released by the efforts of any of the coparceners after
the partition, the property so returned or released shall be
partitioned in accordance with the document stating the portion to
be shared to each of them if such a document exists, if it does not
exist, the coparceners who have returned it from the government is
entitled to use the immovable property solely for Three years
starting from the date of having it returned, and from the Fourth
year all the coparceners shall be entitled to have their share from it,
308 Amended by First Amendment.
309 Inserted by Seventh Amendment.
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and in the case of the movable property, it shall be partitioned
between all coparceners but the person who has returned it may
have up to Ten per cent more than the others. The same norm shall
be applicable if any coparcener returns any property taken away by
someone else other than the government.
Number 34. If a person who is not eligible to obtain partition share files a case
demanding that he or she be given the share of property, he or she
shall be fined on the basis of the amount in question if it appears
from the case file, and if it does not so appear, he or she shall be
fined up to Two Hundred Rupees depending on his or her income
status (Aukat).
Number 35. In a case where no partition of property has been made, or in a case
where property has been partitioned through the common
(Goshwara) document and in a case where both the parties have
been holding their possession on their own even without any
deed, there shall be no limitation to file a case and in a case where
there does not exist a deed or there is no possession over the
property remaining from the partition made previously or claiming
the portion concealed, the case may be filed upto the life of each
coparcener (bhinna bhinna Jiu). If there exists a common
document (Goshwara), each individual receiving his or her rightful
share shall be entitled to use such property at his or her own
discretion.310
310 Inserted by Sixth Amendment.
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Chapter 14
Women's Share and Property
Number 1. An unmarried woman, a woman having a husband or a widow may use
and dispose of the movable or immovable property which they have
earned on their discretion.
Number 2. An unmarried woman, a woman having a husband or a widow who are
separate from a joint family may use and dispose of all the movable or
immovable property of their share on their discretion.
Number 3. No debt, taken without a surety, by such woman may be paid back to the
lender from the immovable property which she may not use on her
discretion pursuant to Number 2 of this Chapter.
Number 4. The movable and immovable property of a woman received from her
parents' family, her mother's parents' family and the property that she has
increased from it shall be her Daijo (dowry). The movable or immovable
property given to her with a deed of consent coparceners of all the heirs by
her husband or the coparceners on the side of her husband, and the
movable and immovable property given to her by other relatives or friends
on the side of her husband and property she has increased from it shall be
her Pewa (exclusive property).
Number 5. Woman may use and dispose of their dowry (Daijo) or exclusive property
(Pewa) on their discretion. In a case she dies, this property shall be treated
as mentioned in the deed she has made. If such a deed does not exist, her
property goes to the son or daughter living with her if there is any; if such
a son or daughter does not exist, it goes to the son or daughter living
separately if there is any; if such a son or daughter does not exist, it goes
to the husband; if the husband does not exist, it goes to a married daughter
 Amended by Gender Equality Maintaining Some Nepal Acts Amendment Act, 2063.
 Amended by Eleventh Amendment.
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if there is any; if a married daughter does not exist, it goes to a son's son or
unmarried daughter if there exists any; if none of them exists it goes to the
heir (Hakwala).
Number 6. ..........
Number 7. If a woman has previously given some property to someone as a religious
donation (Dan) or ordinary gift (Bakas) or sold the property other than
dowry (Daijo) or exclusive property (Pewa) that she is entitled to, and if
she gets marriage with the same person to whom she has given it as a gift
or sold it, the transaction shall not be lawful. Anyone having the right may
get it back.
Number 8. Regarding the matters referred to in Number 7 of this Chapter, no lawsuit
may be registered unless it is filed within Two years from the date of such
next marriage and regarding other matters, within Two years from the
date of cause of action.
 Omitted by Eleventh Amendment.
 Amended by Eleventh Amendment.
 Amended by Eleventh Amendment.
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Chapter - 15
On Adoption311
Number 1.312 ……………..
Number 2.313 A person except one who has his or her son or daughter may
adopt a son or daughter by executing a deed to that effect.
Provided that, a person who has got a son and a person who has
got a daughter shall not be entitled to adopt a son and daughter,
respectively.
Number 2A. ………………..314
Number 2B.315 One who is once adopted as an adopted son or adopted daughter shall not
be readopted as a son or daughter. Such adoption, if any, shall be
void.
Number 3. The adoption of any person, who has been adopted pursuant to
the duly signed deed by a person entitled to make such an
adoption by virtue of not having any issue at the time of
adoption, shall not be rendered invalid as a result of the
subsequent birth of a son from the person making the adoption.
He shall be entitled to the partition share equivalent to that of a
natural son.
Number 4.316 ……………..
Number 4A.317 …………….
Number 5.318 …………………
311 Amended by the Gender Equality Maintaining Some Nepal Acts Amendment Act, 2063.
312 Repealed by the Eleventh Amendment.
313 Amended by the Gender Equality Maintaining Some Nepal Acts Amendment Act, 2063.
314 Deleted by the Gender Equality Maintaining Some Nepal Acts Amendment Act, 2063.
315 Inserted by the Eleventh Amendment.
316 Repealed by the Eleventh Amendment.
317 Repealed by the Eleventh Amendment.
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Number 6.319 …………………
Number 7.320 …………………..
Number 8.321 ……………………
Number 9.322 …………………….
Number 9A.323 ………………………..
324Number 9B. There shall be a difference of at least thirty years between the
age of an adopted son or daughter and the adoptive person.
325Number 9C. An adopted son or daughter shall be entitled to the same rights as
of a natural son or daughter. Such an adopted son or daughter
shall not be entitled to make a claim for partition share from his
or her natural father.
326 Number 9D. In cases where even a daughter is born from the adoptive parents
after a female has been adopted as a daughter, such adoption
shall not be invalid by that reason. The adopted daughter shall be
as a natural daughter.
Number 10. If the person who has abandoned a child327 is traced, and it is
proved that the child has been abandoned with the consent of
both the father and mother, the partition shares of both of them,
along with such a share of the child,328 shall be provided to the
person subsisting the child. If only one of the parents is found to
be involved in such abandonment, then the partition share of the
318 Repealed by the Eleventh Amendment.
319 Repealed by the Eleventh Amendment.
320 Repealed by the Eleventh Amendment.
321 Repealed by the Eleventh Amendment.
322 Repealed by the Eleventh Amendment.
323 Repealed by the Eleventh Amendment.
324 Amended by the Eleventh Amendment.
325 Amended by the Eleventh Amendment.
326 Inserted by the Sixth Amendment.
327 Amended by the Eleventh Amendment.
328 Amended by the Eleventh Amendment.
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said parent and that of the child329 shall be provided to the person
subsisting the child.……………..330
331Number 11. No adoption made on fulfillment of the requirements of the Act
shall be revoked except for specific defaults. If an adopted son or
daughter does acts such as failing to provide food and clothes to
the adoptive person, failing to look after, and misusing the family
property, giving physical or mental torture to them, such
adoptive parents may revoke the adoption. The adopted son or
daughter whose adoption is so revoked shall be entitled to the
partition share from his or her natural father. If the adoptive
person abandons the adopted son or daughter from the house
without providing such a son or daughter with food and clothes
or fails to make provision of education and medical treatment,
except for any reasons as mentioned in law, such an adopted son
or daughter shall, like a natural son or daughter, be entitled to
seek partition share from such an adoptive person.
332Number 12. One who has only one son or daughter shall not allowed to give
the son or daughter for adoption nor shall the adopting person
adopt him. Any such adoption shall be void.
333Number 12A. If any foreign national wishes to adopt any citizen of Nepal, who
may be adopted as a son or daughter in accordance with the law,
the Government of Nepal may, after considering the character
and economic condition of such a foreign national and on
recommendation of the concerned foreign government or
embassy, permit adoption of a son or daughter on such terms and
329 Amended by the Eleventh Amendment.
330 Deleted by the Eleventh Amendment.
331 Amended by the Eleventh Amendment.
332 Amended by the Eleventh Amendment.
333 Inserted by the Sixth Amendment.
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conditions as the Government of Nepal may consider
appropriate.
334Number 12B. In giving permission to a foreign national to adopt a citizen of
Nepal pursuant to this Chapter, the Government of Nepal shall
give permission only if the law of the country of such a foreign
national provides that an adopted son or daughter has the same
right as a natural son or daughter has.
Number 13. If a suit on any illegal adoption of an adopted son or an adopted
daughter335 is not filed within two years from the date of
knowledge of such adoption, the suit shall not be entertained.
334 Inserted by the Eleventh Amendment.
335 Inserted by the Sixth Amendment.
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Chapter-16
On Inheritance
Number 1.336 An heir means the nearest coparcener of the concerned person within
seven generations. One that is outside seven generations is an outsider
relative.
Number 2.337 No other person shall be entitled to inherit the ancestral property so
long as there is the husband, wife, son, unmarried daughter, son's son
of the deceased or his unmarried daughter, subject to the other
Numbers of this Chapter. If the deceased has not got son but widow
daughter-in-law, she shall be entitled to inherit the property as if she
were the son. If there is none of them, then the married daughter, her
son or unmarried daughter if there is no even the unmarried daughter
and if there is no such heir, the heir according to law shall inherit the
property.
Number 3338 If the separated husband, wife, son, unmarried daughter, son's son or
his unmarried daughter did not take care of and subsisted the deceased
and the married daughter or son-in-law or son or unmarried daughter of
such son-in-law has maintained and subsisted the deceased, the
inheritance of the father, mother, mother-in-law, father-in-law or
grandfather or grandmother so maintained and subsisted shall devolve
on the married daughter, daughter's husband or grand-son or daughter
having so subsisted the deceased. The other heirs shall not be entitled
to inheritance.
Number 4339 ----------
Number 5340 --------
336 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
337 Amended by the Eleventh Amendment..
338 Amended by the Eleventh Amendment.
339 Deleted by the Eleventh Amendment.
340 Deleted by the Eleventh Amendment.
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Number 6341 In cases where the father and mother, who has offspring from only one
wife or more than one wife, receive and give partition shares amongst
him and all wives, sons, unmarried daughter342 and daughter-in-laws,
pursuant to law, and some live with their son, unmarried daughter,343
daughter-in-law after mixing partition share with such son, unmarried
daughter,344 daughter-in-law, and inheritance takes place by virtue of
the death of father and mother, only the jointly living wife, son,
unmarried daughter345 and daughter-in-law shall be entitled to such
inheritance. It shall be as per the deed if there is any.
Number 7346 If the separated husband, wife, son, unmarried daughter, son's son or
his unmarried daughter has not cared for and subsisted the deceased
and the brother or sister born from the same father has maintained and
subsisted the deceased, the inheritance of the brother or sister so
maintained and subsisted shall devolve on the brother or sister having
so subsisted the deceased. The other heirs shall not be entitled to
inheritance.
Number 8347 ------
Number 9. In cases where there are sons, unmarried daughters348 born to the same
wife, the other sons and unmarried daughters349 have lived apart after
having received and give their respective partition shares pursuant to
law, he has lived with one son, unmarried daughter,350 daughter-in-law
but such son, unmarried daughter,351 daughter-in-law have not
maintained and subsisted him and, consequently, he has gone to live
341 Amended by the Eleventh Amendment.
342 Inserted by the Eleventh Amendment.
343 Inserted by the Eleventh Amendment.
344 Inserted by the Eleventh Amendment.
345 Inserted by the Eleventh Amendment.
346 Amended by the Eleventh Amendment.
347 Deleted by the Eleventh Amendment.
348 Inserted by the Eleventh Amendment.
349 Inserted by the Eleventh Amendment.
350 Inserted by the Eleventh Amendment.
351 Inserted by the Eleventh Amendment.
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with another son, unmarried daughter,352 daughter-in-law, taking his
entire partition share and property with him, and he dies, then the son,
unmarried daughter,353 daughter-in-law with whom he has lived
subsequently shall be entitled to inheritance. In cases where he has not
so gone taking his partition share and property but has gone to live for
some days for some reasons and he dies, the son, unmarried
daughter,354 daughter-in-law with whom he has so gone to live for some
days shall not be entitled to such inheritance.
Number 10. In cases where there is only one son, unmarried daughter,355 from the
same mother, only the father and the mother have lived apart or have
lived with any son, unmarried daughter,356 and the husband dies, then
the wife shall be entitled to the partition share, property of the husband.
In cases where the wife dies, then the husband shall be entitled to that
of the wife. In cases where the wife who has lived apart after taking her
partition share, then the son, unmarried daughter,357 if any, and the
husband, if there is no son and unmarried daughter358 shall be entitled
to inheritance. If there is no such son, daughter, then the step son,
unmarried daughter359 shall be entitled to inheritance.
Number 11360 Notwithstanding anything contained in the other Numbers of this
Chapter, in cases where one has been subsisted and maintained not by a
nearer heir but by any other person at the time of his or her death, that
person shall be entitled to the whole of the movable and immovable
property361 belonging to the deceased.
352 Inserted by the Eleventh Amendment.
353 Inserted by the Eleventh Amendment.
354 Inserted by the Eleventh Amendment.
355 Inserted by the Eleventh Amendment.
356 Inserted by the Eleventh Amendment.
357 Inserted by the Eleventh Amendment.
358 Inserted by the Eleventh Amendment.
359 Inserted by the Eleventh Amendment.
360 Amended by the Eleventh Amendment.
361 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
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Number 12. In cases where some brothers or unmarried sisters362 live apart after
having taken their partition shares and some brothers or unmarried
sisters363 live jointly, and any brother or unmarried sister364, out of the
jointly living brothers or unmarried sisters365, dies, then the separated
brother or unmarried sister366 shall not be entitled to inheritance. Only
the jointly living brother or unmarried sister367shall be entitled to
inheritance despite that he or she was not born from the same mother.
In cases where they have maintained and subsisted themselves from
their respective partition shares despite that they have lived jointly, the
full blood brothers or unmarried sisters368 of the deceased brother shall,
in such case despite their joint living, be entitled to such inheritance as
well as to inheritance of the brother or unmarried sister369 living apart.
The brothers or unmarried sisters370 who are not born from the same
mother shall not be entitled to partition share.
Number 12A. ……………..371
Number 13372 -------------
Number 14373 -------------
Number 15. One who is entitled to inheritance shall not be compelled to inherit if
one does not wish to so inherit. One shall be compelled to perform
funeral rites and rituals of the deceased irrespective of whether one
inherits or refuses to inherit.
362 Inserted by the Eleventh Amendment.
363 Inserted by the Eleventh Amendment.
364 Inserted by the Eleventh Amendment.
365 Inserted by the Eleventh Amendment.
366 Inserted by the Eleventh Amendment.
367 Inserted by the Eleventh Amendment.
368 Inserted by the Eleventh Amendment.
369 Inserted by the Eleventh Amendment.
370 Inserted by the Eleventh Amendment.
371 Deleted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
372 Deleted by the Eleventh Amendment.
373 Deleted by the Eleventh Amendment.
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Number 16. In cases where the heir does not inherit, the creditors, if any, shall be
entitled to such assets of the deceased that remain after performing the
funeral rites and rituals of the deceased on pro rata basis. Where there
are no creditors, all the assets, and if there are creditors, the assets
remaining surplus after repaying debts shall devolve on the
Government of Nepal.
Number 17. In cases where an inhabitant dies within the territory of Nepal, and no
heir to him/her is not available in such place but he or she has property
there, then the Jimidar or Talukdar (a person responsible for collection
of land tax or levy) in that place or any person making land tax or levy
arrangement, in the absence of such Jimida or Talukdar shall give a
notice thereof to the concerned Village Development Committee or
Municipality; and the Village Development Committee or
Municipality374 shall also prepare an inventory of the assets of the
deceased in witness of such Jimidar or Talukdar or person making land
tax or levy arrangement, and at least two local gentlepersons and give a
report thereof, accompanied by one copy of such inventory and a deed
executed in that respect, to the nearby District Office. Where a report is
received accordingly, the District Office375 shall send a Three-month
process or notice in accordance with law to the name of the heir to the
deceased if the whereabouts of the deceased are known. If the heir
appears within the time limit, the property shall be handed to the heir
by fulfilling the requirements of law, by charging ten percent thereof. If
any heir does not appear within the time limit or no heir is found out,
the inheritance shall devolve on the Government of Nepal.
Number 18. In cases where any Bheshdhari dies within Nepal, the assets belonging
to that Bheshdhari shall be given to the attorney of that Bhesgdahri if
such attorney is available; and failing such attorney, the Mahanta who
is entitled to inheritance of Bhesh as per the legal provisions shall be
374 Amended by the Court Proceedings Related Some Nepal Acts (Amendment)Act, 2047 (1991).
375 Amended by the Court Proceedings Related Some Nepal Acts (Amendment)Act, 2047 (1991).
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entitled to inherit the same after performing the funeral rites and rituals
of the Bheshdhari. Even though there is no property of the deceased,
one that is entitled to inheritance of that Bhesh shall perform the
funeral rites and rituals of the deceased.
Number 19376 In cases where any one kills any other person with anger and ulterior
motive, the murderer or his or her offspring shall not be entitled to
inherit the property of the deceased or his or her offspring.
Number 20. Except for the matters in respect whereof the limitation is mentioned
elsewhere in this Chapter, no suit shall be entertained if it is not filed
within Three years after the occurrence of inheritance.
376 Amended by the Eleventh Amendment.
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Chapter-17
On General Transactions
Number 1. If any transaction is carried out without making a deed in accordance
with law, no suit shall be entertained. Except where a deed has been
registration passed, if any other deed is subject to a divine act, the
person concerned shall set down and sign or seal an application in
duplicate and submit it to the nearby police office not later than Seven
Days, excluding the time required for journey, after the occurrence of
the divine act. If such an application is made, one copy shall be entered
into the records of the office and the other copy which shall be signed
by the official and bear the seal of the office shall be returned to the
applicant. If, not later than Fifteen days after the occurrence of the
divine act, the debtor or his or her heir entitled to inheritance if the
debtor has died refuses to execute another deed setting out the
occurrence of the divine act, the person concerned shall subsist his or
her right by making a suit, accompanied by a solid evidence showing
the existence of the deed previously and the occurrence of such a divine
act, not later than Thirty Five days of the expiration of that time limit.
If these requirements are not met, no suit shall be entertained.
Number 2. In cases where neither the recovery of some interest has been made nor
a deed on the date of repayment has been executed within Ten years
after the date of a bond (Tamsuk), no suit shall be entertained after that
time-limit. Where a deed on the date of repayment has been executed or
some interest recovered during the period of Ten years, then the timelimit
shall extend again for Ten years after that date. The provisions set
forth in Number 3 of this Chapter shall apply to a usufruct or sight
mortgage.
Number 3. In the event of the execution of a usufruct or sight mortgage deed, the
creditor or any person acting on his or her behalf shall foreclose/use the
mortgaged immovable property or make a suit for the foreclosure in the
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event of any hindrance in the foreclosure of the same, within Two years
after the date of the execution of the deed in the case of the usufruct
and after the date of expiration of the date of repayment in the case of
the sight mortgage. If the suit is not made within the said time-limit, the
deed of mortgage shall be equivalent to an unsecured money.
Number 4.377 In making a decree ordering the payment of interest in any case
requiring the recovery of interest, judgment shall be so handed down
that the recovery of the interest accrued up to the date of judgment and
of the interest accrued up to the date of recovery of interest if an
application is made subsequently for the recovery of the same.
Number 5. The creditor and the debtor shall, while receiving and paying principal
and interest, as well, fulfill the requirements as mentioned below. Any
transaction failing to fulfill these requirements shall not be valid.
While making repayment of principal in whole, the debtor shall make
such payment by having the deed executed by him or her to that effect
torn out or canceled or having an endorsement made in the same deed
indicating that repayment has been made in full. If the deed is not
found for any reason, the debtor shall obtain from the creditor a receipt
setting down the same matter…………….1
While making repayment of only some of the principal or payment of
interest, the debtor shall obtained from the creditor a receipt in
accordance with the provisions set forth in Section 1 above, and the
creditor shall, as far as possible, make an endorsement to that effect on
the reverse side of the bond, book of account or receipt or any deed
whatsoever executed previously in relation to the principal, and have
the debtor sign the endorsement. If the matters of endorsement cannot
be covered in the space of the document on which the endorsement is to
be made, another paper shall be affixed thereto and the maters set down
377 Amended by the Seventh Amendment.
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therein, and the joints thereof shall also be signed, and caused to be
signed, accordingly………………2
Number 6. Where a debt or loan has been lent and borrowed, an interest on the
interest shall not be collected; and even if so collected, it shall be
returned. If the deed does not provide for interest, interest may not be
collected. If a deed provides for an interest that is less than ten percent
of the principal per year, then it shall be as per the deed. If a deed
provides for charging and paying an interest but does not specify the
rate or figure of interest or provides for payment of interest that is more
than ten percent of the principal per year or where making recovery of
interest by the creditor from the debtor on the other grounds requiring
the recovery of interest pursuant to law, making recovery of interest by
the creditor from the debtor on the other grounds requiring the recovery
of interest pursuant to law, no such recovery of interest shall be made
as to exceed ten percent of the principal per year. Even in cases where a
deed does not provide for interest but for payment of profits, the
provisions that apply to interest shall be applicable.
Number 7. While making the recovery of interest, no recovery of such interest may
be made as may be in excess of a sum that is equal to the principal
where none of the principal has been recovered, and to the outstanding
principal where some of the principal has been recovered.
Number 8. Informed men or women who, having attained majority, carry out
transaction as the principal person of family or live in the joint family
and carry out household affairs, farming, trade or any other business in
various places shall be deemed to be the principal ones in the respective
places where they reside. Only such transaction as carried out by such
principal ones or such transaction as carried out by other members who
have attained majority and live in the joint family and the relevant deed
is signed or executed by the principal ones shall be chargeable on the
joint or common property.
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Number 9.378 Except in cases where one has carried out transaction in the capacity of
the principal person in accordance with Number 8 of this Chapter, if
one who has attained majority and lives in the joint family has carried
out any transaction, the creditor shall not be entitled to attach the
money to be received by one unless and until one's right in that money
is established. The creditor shall be entitled to make recovery only from
the property of one's own earning or that one may dispose of at one's
own will. Where one has not any property of one's own earning or that
one may not dispose of at one's own will, attachment or claim shall not
be made unless and until one's title in the money to be received by one
is established. In such a case, only when the creditor makes a suit and
gets his or her right established within ten years, the creditor shall be
entitled to make recovery in accordance with law after one becomes
entitled to such money. In such a case, the time-limit for making an
application for recovery as referred to in Number 42 of the Chapter on
Punishment shall start after the date on which the creditor's title to the
money is established.
Number 10.379 While selling or disposing of, or otherwise relinquishing right in, any
immovable property in common (joint immovable property) by a
coparcener who has not partitioned, such sale or disposal or
relinquishment shall be valid only when such transaction has been
witnessed by all coparceners in the joint family or been carried out with
a deed of consent executed by all such coparceners, except in the case
of the property that the coparcener may enjoy at his or her own will and
for the disposal of which other's consent is not required. Where any
disagreeing coparcener, who has neither witnessed the transaction nor
executed a deed of consent, makes a complaint within thirty five days
of the date of knowledge not later than one year of the date of
registration and it is held that the coparcener has not given consent, the
378 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
379 Amended by the Seventh Amendment.
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coparcener's share in that property shall be returned to him or her.
Where such share of property is so returned, the creditor shall be
entitled to recover his or her money, if any, incurred in the share of
property so returned and an interest as referred to in law and the deed
registration fee as well, from the coparcener who has transferred his or
her right in the property by way of sale or disposal or otherwise as if
such money were an unsecured money. In the case of a property of
one's own personal income, one is not required to obtain the consent of
those who live with him or her jointly. One may sell, dispose of and
otherwise deal with such property.
Number 11. If any person sells an immovable property in which he or she has right,
and any heir to the seller, as referred to in law, who may have easement
or inconvenience in view of the sold property, other than one who has
witnessed the deed or given consent pursuant to Number 10 of this
Chapter wishes to redeem (or preempt) the property, such heir shall be
entitled to make redemption (or preemption) within thirty five days
after the date of knowledge but not later than six months of the date of
registration of the deed of sale and purchase. The sale and purchase
shall be indisputable after the expiration of that time-limit. If any
member having attained majority and living in the joint family has
known the transaction, all heirs including the principal one in the joint
family shall be deemed to have known it. Where many heirs who may
have easement or inconvenience in view of the sold property wish to
redeem the property, the nearest heir of them shall be entitled to make
such redemption. Where the near heir has purchased the property, the
outsider heir shall not be entitled to redeem it despite that such heir
may have easement or inconvenience in view of the sold property.
Number 12.380 Where there is no heir who may have inconvenience in view of the
sold property or where such heir though available does not redeem, the
380 Amended by the Seventh Amendment.
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following person may, by making a complaint for redemption within
the time-limit as referred to in Number 11 of this Chapter, make
redemption:
In the case of a land, the tenant of that land……………1
Provided that in the event of purchase of a land for cartilage, any
person other than the heir who may have inconvenience in view of the
sold property shall not be allowed to redeem the land with an area not
exceeding Two Ropani or Three Kattha.
In the case of a house (building)…………………………2
In cases where different persons are owners of different parts of the
same house (building) and the owner of any part of the house sells his
or her own part, the owner of the other part of the house may, if he or
she so wishes, redeem the sold part. If such persons entitled to
redemption are two or more, one who is the most aggrieved of them
shall be entitled to make redemption……….1
Where one who is entitled to make redemption pursuant to sub-section
1 above does not make redemption and where the tenant has built a
house in the land subject to tenancy right, the land owner shall be
entitled to make redemption……………..2
Number 13. Where any immovable property is merely mortgaged, the heir, as
referred to in law, who lives apart upon receiving his or her partition
share and may have inconvenience in view of the sold property may
redeem the property within the time-limit as set forth in Number 11 of
this Chapter by making payment of the amount/price paid by other,
subject to redemption, if any, by the creditor at a season or time as
mentioned in law. ……………381 If there are no creditor and creditor's
offspring, and the successor furnishes the evidence of mortgage, he or
she may make redemption by paying the amount/price as paid.
381 Deleted by the Seventh Amendment.
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Number 14. In the event that a movable, immovable property has been given in
usufruct mortgage, the creditor shall allow redemption by receiving his
or her amount/price in accordance with the contract, if any, entered
into, providing for the repayment period not exceeding Ten years and
debarring the redemption of the usufruct mortgage within the term of
that repayment period, and failing such a contract, and at any time
when the debtor tenders to redeem the property in usufruct or sight
mortgage. If the property in mortgage is a land, the crops of the year
shall belong to the creditor after the elapse of the time or season as set
forth in the Chapter on Land Evictions if the amount/ price has been
made.
Number 15. In giving and taking a sight mortgage, the term of sight mortgage shall
not exceed Five years, and the creditor shall not claim the amount/price
or foreclose the security prior to the maturation of the term.
Number 16. While making a complaint to the office praying for redemption on any
matters allowing redemption against payment of amount/price, the
amount/price if known and the fee paid in the course of registration
shall be deposited. The amount/price and fee required to be paid shall
be deposited with the office not later than thirty days after the date of
filing of statement of defense if the amount/price is not known for any
reasonable reason for not knowing the amount/price, and where there is
no agreement over the amount/price, the amount/price as agreed shall
be deposited to the office at the time of making complaint and the
amount/price not so agreed shall also be so deposited within Thirty
Five days of the date of first judgment holding the amount/price to be
deposited. In the event of failure to deposit the amount/price within the
said time-limit, redemption shall not be allowed, and the transaction
shall be indisputable. Also in the matter of redemption of mortgage by
the debtor, it is not necessary to effect redemption by the same suit and
judgment. If the debtor subsequently wishes to make redemption but
the creditor refuses to receive the amount/price, redemption shall be
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effected if the debtor makes a complaint by depositing the amount/price
and fee, as well.
Number 17. If a creditor is held not to have received such amount/price and
registration fee382as required to have been received by the creditor, then
the creditor shall not be entitled to the interest, crops or rent accruing
from the date of deposit made with the office and also to the matters set
forth in the deed.
Number 18. A general transaction carried on by a minor who has not attained
Sixteen years of age shall not be held valid. Such transaction shall be
held valid only when there has been executed a deed also signed or
sealed by one who takes custody of such minor. Where even such
person has committed dishonesty with intent to harm the money of that
minor, the amount in question shall be recovered from that person and a
fine of twenty percent of the amount in question shall also be imposed
on him or her.
Number 19. Where the amount in question payable to the creditor cannot be
recovered from the forfeiture of the property of the debtor, the
following provisions shall apply:
Where a debt or loan has been lent and borrowed for business purpose
and a suit is filed against the borrower of the debt or the jointly living
coparceners who have been involved in the borrowing of the debt or
consented to and signed the deed, the principal person shall provide an
inventory or statements of loss. If, in making the inventory of loss, the
inventory of loss is established by making remissions in consideration
for the money or property having been stolen, gutted in fire, sunk in
water and disappeared and in arrears, the debtor shall not be held to
have acted dishonestly nor shall such debtor be liable to imprisonment.
Where the debtor states that the money or property has been lost due to
any cause other than that mentioned and despite statement that the
382 Amended by the Seventh Amendment.
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money or property has been lost due to the cause mentioned above, the
debtor is not able to furnish the proof of loss and the money of creditor
cannot be recovered from the forfeiture of the property of the debtor,
the debtor shall be held to have done dishonesty in relation to the
money of the creditor. If, in such a situation, the creditor makes an
application pursuant to Number 42 of the Chapter on Punishment for
sentencing the debtor to imprisonment, the debtor shall be sentenced to
imprisonment for a tern not exceeding One year at the rate of Twenty
Five rupees per day.383 However, if a suit is filed against other
coparceners jointly living with him or her or his or her successors and
recovery cannot be made in full from the forfeiture of property, these
coparceners or successors shall not be required to provide an inventory
of loss and they shall not also be liable to imprisonment……….1
Where a debt or loan has been lent and borrowed for any purpose other
than for the business purpose as mentioned in Section 1 above, and
recovery cannot be made in full from the forfeiture of property, it is not
required to provide an inventory or statements of loss. Where recovery
cannot be made in full from the forfeiture of property, and the creditor
makes an application pursuant to Number 42 of the Chapter on
Punishment for sentencing the debtor to imprisonment, and the suit has
been filed against the borrower of the debt and the jointly living
coparceners who have consented to and signed the deed, they shall be
sentenced to imprisonment in accordance with the provisions set forth
in Section 1 above. Where a suit has been filed against the jointly
living coparceners or heirs who have neither consented to the
borrowing or nor signed the deed of loan or against the successors, they
shall not be liable to imprisonment in consideration for the shortfall not
recovered from the forfeiture of property……………………2
383 Amended by the Ninth Amendment.
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After making application and having got the creditor to undergo the
sentence of imprisonment in consideration for such shortfall money that
could not be recovered in making recovery to the creditor by making
forfeiture of the property of the debtor in accordance with the
provisions set forth in Sections 1 and 2 above, where such
imprisonment is allowed by law and after receiving money upon once
making forfeiture of property and even where imprisonment is not
allowed, except in cases where a suit can be made by law on the matter
of concealment or containment until the time of the execution of the
forfeiture, the creditor shall not be entitled to again claim the debtor
stating that there is still a shortfall in recovery. Any deed whatsoever
including a deed of loan or bond, ledger and book of account shall be
canceled and invalidated………….3
Number 20. ………………….384
Number 21. Where, in making partition, partition has been made with the consent of
the creditor, the creditor and the debtor shall receive and pay (or give)
in accordance with the manner in which the partition has been made as
per such consent. Where partition has been made without the consent of
the creditor, even the debt lent by the same creditor shall be so divided
as according to the items of money as applicable. Any division made
according to the creditors individually shall not be valid.
Number 22. No creditor shall claim one who does not inherit the debtor. After one
has inherited the debtor, one shall not say that one shall not repay debt
to the creditor. One shall also repay debt to the creditor according to
such share of partition or inheritance as has been obtained by him or
her. However, in the case of inheritance of only the immovable
property as referred to in Number 3 of the Chapter on Women's
Partition Property, the inheritor shall not be bound to repay debt to the
creditor of such person.
384 Repealed by the Seventh Amendment.
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Number 23. One who has once obtained a movable or immovable property by way
of conveyance, usufruct or sight mortgage and possessed or used it, one
shall not unnecessarily claim the amount or price thereof saying that
the property is lesser or of low grade and also against any disorder or
loss thereof. If the property in question is held to be immature for
possession due to any matter disallowing the possession, it shall be
according the deed, if any, executed. Even though there is no such
deed, the creditor shall be entitled to claim for, and recover, the
principal, and interest in accordance with law.
Number 24. Where a house (building) taken in mortgage and being used by a
creditor while in the possession and use by the creditor is damaged or
ruined (Patal)¸ the creditor shall make expense and repair the house in
witness of the debtor if available and if the debtor is not available or
refuses to so witness, in presence of a member or representative of the
concerned Village Development Committee or Municipality385 and at
least two gentlepersons. At the time of redemption of the house, the
expenses so incurred in the repair of the house in witness as mentioned
above shall also be included in the amount/price and transaction shall
be done accordingly. The creditor shall not be entitled to take payment
of the expenses incurred in the repair without witness of a member or
representative of the concerned Village Development Committee or
Municipality386 and at least two gentlepersons. If the house has also
been ruined, the money of the creditor shall lapse if the creditor fails to
build and prepare it within the time-limit for building it as
corresponding to the design approved upon an application made by him
or her within thirty five days, if the design has to be got approved, after
the date of demolition and within one year if the design is not required
to be approved. The land so ruined shall belong to the debtor. Where a
house and land (cartilage) has been taken in usufruct mortgage and the
385 Amended by the Court Proceedings Related Some Nepal Acts Amendment)Act, 2047 (1991).
386 Amended by the Court Proceedings Related Some Nepal Acts Amendment)Act, 2047 (1991).
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house is ruined upon demolition, the creditor shall be entitled to money
of the land only, on the basis of pro rata of the house ruined and the
land.
Number 25. No immovable property which has already been given to a person by
executing a deed shall be given in any manner, in duplication, again to
other person. The amount or money of a creditor who knowingly executes
a deed in duplication shall lapse. Where a creditor has executed a deed in
duplication without knowledge of duplication and does not consent to
obtain or take pursuant to Number 26 of this Chapter, the amount or
money of the latter shall be equivalent to unsecured money. Where deeds
have been so executed in duplicate, the deed bearing the earlier date shall
be valid. It shall be as per law after the expiry of the time-limit.
Number 26. Where a deed has been executed in duplicate pursuant to Number 25 of
this Chapter and the transaction involves the relinquishment of the title,
the mortgagee creditor shall not be entitled to pay the money of the
transferee creditor. Where the earlier deed provides for any kind of
mortgage and the later deed provides for the transfer of title, the transferee
shall be entitled to establish the title by making repayment of loan in
accordance with the earlier deed; provided that where the earlier creditor
has obtained the title, that creditor is not bound to pay the money of the
later creditor. If a creditor, whether the mortgage taken by him or her is
valid or not, wishes to pay the amount/money of the other creditors who
have taken the mortgage and to possess the immovable property in
mortgage, also in relation to his or her amount/money, the creditor shall be
entitled to possess the property. The other creditors shall not be entitled to
take it so long as the creditor whose transaction of mortgage stands valid
takes it. Provided that where the later creditors are two or more, and the
later deed holder undertakes to pay the amount or money of more creditors
than the earlier deed holder undertakes to pay, the later deed holder shall
be entitled thereto. If such creditors undertake to make equal payment, one
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whose deed bears the earlier date shall be entitled thereto. One who is
allowed to pay money shall make payment within thirty five days after the
date of final judgment by the office. One who is not able to pay the
amount/price shall not be entitled thereto.
Number 27.387 In the event of the execution of deeds in duplication, if the earlier deed
holder makes a complaint within two years after the date of the possession
by the later deed holder in the case of usufruct mortgage taken by the
earlier deed holder and within two years after the date of entitlement to the
possessory right in the case of sight mortgage taken by the earlier deed
holder, the earlier deed holder shall be entitled thereto. After the expiry of
the time-limit, such holder shall not be entitled to claim the immovable
property. The amount/price of the creditor shall be equivalent to unsecured
money. If the earlier deed holder has obtained the title by transfer, he or
she shall be entitled thereto irrespective of any manner in which the later
deed holder has obtained.
Number 28. One who executes deeds in duplication shall be punished with a fine equal
to the amount in question, if any, set forth in the later deed, and, failing
such amount in the later deed, equal to the amount in question set forth in
the earlier deed, and with a fine of up to Five hundred rupees if no amount
in question is set forth in these deeds.
Number 29. One who has taken a movable, immovable property in usufruct or sight
mortgage may receive amount by re-mortgaging the property in mortgage
by receiving such sum of money as mentioned in the bond or is lesser than
that. While tendering to redeem the movable, immovable property in remortgage
by the previous usufruct or sight mortgagee upon payment of
money, the mortgagee shall so redeem by tendering to various levels in the
place where he or she has given the movable, immovable property in
mortgage where he or she has re-mortgaged by receiving lesser amount.
387 Amended by the Seventh Amendment.
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Where the movable, property has been remortgaged by receiving money in
full, he or she may make redemption from the last creditor. Receipt by the
later mortgagee of money that is more than the previous one and a contract
executed to that effect shall not be valid.
Number 30. In lending and borrowing a debt or loan against the security of a movable
property, such lending and borrowing shall be made by entering the price
or value and weight of the property into the bond. If, at a time when the
debtor tenders to redeem the property by making payment of money, the
creditor returns exactly the same property, the creditor shall be entitled to
the recovery of his or her principal and Ten percent interest as well. If a
creditor has used the property pledged in security and is thus not able to
return it, such a creditor shall not be entitled to the interest on money. If,
while making calculation of money, any surplus money has to be received
by the debtor, then such surplus money and the interest accrued from the
date of the bond shall be returned to the debtor.
Number 31. If, in lending and borrowing a debt or loan against the security of a
movable, immovable property, the deed states that one shall be entitled to
obtain by way of conveyance, sale or otherwise or one shall transfer the
property by way of conveyance or such transfer has been effected by
virtue of that deed, then such deed shall not be valid. That deed shall be
equivalent to a pledge or mortgage against security.
Number 32. In taking mortgage or security of any type of such movable, immovable
property as may be taken or given by law, a document in duplicate written
by the conveyancer of the bond with his or her own handwriting,
containing such details or matters as set forth in the bond, to be witnessed
by such witnesses themselves as mentioned in the bond, and signed by the
creditor, shall be given to the debtor.
Number 33. Where a mortgage is given and taken without fulfilling such requirements,
a suit or complaint shall be entertained and verdict given based on that
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document, by punishing the creditor with a fine of five percent of the
amount set forth in the bond where the document in duplicate has not been
made and of one percent where only the conveyancer or witness has been
altered.
Number 34. Where general transaction has been carried on with a foreign citizen in a
foreign country and the creditor has obtained a deed meeting the
requirements of Nepal law from the debtor, stating that payment shall be
made within the territory of Nepal, and the debtor is a citizen of Nepal, the
matter shall be tried by the concerned office of Nepal in accordance with
law. In the other cases, no suit of general transaction made with a foreign
citizen in a foreign country shall not be entertained by any office of Nepal.
Number 35. The Jot Jirayat land (taxable land attached to a Jimidari holding as part of
remuneration of the Jimidar in the eastern Terai) which has already been
attached to the existing Jimidari and may have subsequently been attached
to the Jimidary for any reason shall not be capable of being mortgaged or
pledged and being transferred by any means so that only the Jimidari but
not Jot Jirayat or only the Jot Jirayat but not Jimidari is so mortgaged,
pledged or transferred, except where the Jot Jirayat land attached to the
Jimidar is given along with the Jimidari. If so given or taken, the
transaction shall be void. If one has paid money and taken knowingly the
land by retaining the same with the Jimidari, the recovery of money so
paid cannot be made by the office. One who knowingly takes the same
shall be liable to a fine of Fifty Rupees. One who takes the same
unknowingly shall not be liable to punishment, and the money of the
creditor who so takes unknowingly shall be unsecured money. There shall
be imposed a fine by Ten percent of the money, if any, given to one who
detaches the Jot Jirayat held with the Jimidar and by Ten Rupees of fee
Bigaha where it has been given and taken without taking money. The
transaction of Numbari land (Raikar land in Terai) earned by oneself
made prior to accruing any due on it shall be valid.
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Number 36. In making exchange of any movable, immovable properties, such
exchange has to be made with the consent of the principal person of the
house. One who is not satisfied with the exchange may return the property
subject to exchange within Thirty Five days after that exchange. Where an
exchange has been made with another person without consent of the
principal person, a suit shall not be entertained if it is not filed within
Thirty Five days in the case of a movable property and within Thirty Five
days after the date of knowledge no later than Six months in the case of an
immovable property.
Number 37. ……………………..388
Number 38. Where a complaint has been made that one has not received what has to be
given to one upon its tendering or one has not allowed redemption upon its
tendering, there shall be imposed a fine of Two and half percent of the
amount refused to be received if the complaint is sustained, of the amount
that is held to have been claimed falsely on the false complainant if it is
held that such complainant has not tendered for payment or made a false
claim and of the amount said or claimed to be more or less if it is held that
such complainant has said or claimed more or less. There shall not be
charged Ten percent fee on the amount in question as recovered upon a
complaint made by the payer as mentioned above.
Number 39. ………………………389
Number 40. There shall be no limitation on the matter that such transaction shall not
be valid, that suit shall not be heard, that dishonesty has been
committed to temper with the money belong to a minor, that interest on
interest has been collected, that the rate of interest has been mentioned
in excess of Ten percent or excess has been taken or contracted while
taking re-mortgage. Except for the matters in respect whereof the
388 Repealed by the Prison Act, 2023.
389 Repealed by the Seventh Amendment.
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limitation is mentioned or not provided for elsewhere in this Chapter,
no suit shall be entertained if it is not filed within Two years after the
date of happening or commission of the act.
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Chapter-18390
On Bailment
………………………………………..
390 Repealed by the Contract Act, 2056 (2000)
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Chapter-19
On Donation and Gift
Number 1. A person may provide a property in which the person has right to another
person, as a donation or gift. In so providing a donation or gift, one may
provide such property to his or her heir as a gift and to other person in any
manner whatsoever, whether as donation or gift. A person shall not donate
or gift any property, other than a property which he or she can deal with at
his or her own will, without obtaining a deed of consent executed or
witnessed by the coparceners and those who have right in such a property.
Number 2. Where a person, who has executed a deed of donation or gift with
testamentary effect, wishes to void the deed on the ground that the person
is not satisfied therewith, that person may void the deed at any time. In
order for the deed to be voided, the person shall get the deed voided by
making an application to the office which has registered the deed or the
deeds registration office situated in his or her area to that effect. If such an
application is made, the deeds registration office shall also immediately
execute a memo or slip stating that the donation or gift with the
testamentary effect has thereby been voided in accordance with the
application, complaint, and give the memo or slip, to be signed by the
chief of office and the assistant employee (Taharir), to the person applying
to have the deed voided, and shall, not later than Seven days after the date
of issue of the memo or slip, excluding the time required for journey, send
a notice to the receiver of the deed, thereby notifying that the deed has
been voided. A fee of Five rupees shall be charged for such an application.
Number 3. Where any person has relinquished in any manner his or her right in half
the house or some parts of the same house and the land covered by that
house, thereby transferring the title to another person, and provided the
same to that other person as a donation, and the receiver provides what he
or she has so received as a donation or the giver provides the rest to
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another person, the previous giver or maker or the heir to the previous
giver or maker residing in the same place, and in the case of donation or
gift by the giver of the rest to another person, the receiver or the heir to the
receiver residing in the same place shall be entitled to take the same by
making payment of the value/price, if set out, and, failing such
value/price, such value/price as deemed reasonable by gentlepersons
(Panchakirti Mol), within Thirty Five days after the date of knowledge not
later than Six months after the date of registration of the deed.
Number 4. A person who donates or gifts the same movable, immovable property to
another person that the person has already donated or gifted to some one
else shall be liable to a fine of up to Five Hundred Rupees depending the
nature of case.
Number 5. A suit shall not be entertained if the suit is not filed within Two years after
the date on which the receiver of a donation or gift has become entitled to
the right in the property so donated, in the case of such matters, and after
the date on which the receiver of donation or gift has become entitle to the
property so donated or gift and owned and possessed the same, in the
matter of provision of any such property as a donation or gift as not
allowed to be so donated or gifted.
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Chapter 20
On Insolvency/Bankruptcy
Number 1. A person is not entitled to be insolvent upon being unable to pay debts
borrowed by oneself, without consent of the creditor. The creditor shall
either give the date of repayment to that person or recover his or her
money by way of insolvency proceedings.
Number 2. If the coparcener or heir inheriting a person makes an application for
insolvency on a debt borrowed by that person but not by such coparcener
or heir himself or herself, then insolvency proceeding starts in spite of the
consent of the creditor. The date of repayment cannot be given without
consent of the debtor.
Number 3. The debtor, in case of a debt borrowed by the debtor himself or herself for
the business purpose, and any informed person who has attained the age of
sixteen years and been involved in the business or transactions done from
such debt shall give an inventory of loss while asking for the date of
repayment or being insolvent. Other person than mentioned above shall
not be bound to give an inventory of loss, in relation to the debt borrowed
by that person's her, and a person who has borrowed a debt for any
purpose other than the business purpose in spite of the debt being
borrowed by that person himself or herself shall not be bound to give such
an inventory. The failure of any person who is required to give an
inventory of loss to give such an inventory of loss of up to two hundred
rupees shall not result in any punishment to that person.
Number 4. If a debtor has to make a suit for being insolvent or getting the date of
repayment and the debtor makes the suit against all creditors who are
entitled by law to get repayment, meeting all the requirements, and setting
down wherein clearly that the debtor has not been able, for such-and-such
reason, to repay a total of such-and-such debt borrowed by the creditor
himself or herself or by his or her coparcener, heir to such-and-such
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creditors, that he or she has only a property in which he or she has right
valued at such-and-such amount, and also setting down such an inventory
of loss as required to be given in accordance with law, clearly indicating
the amount of, and reason for, loss as may not be otherwise upon an
inquiry into the matter subsequently, and also accompanied by the
evidence thereof, and asking for the date of repayment for certain number
of years, and covenanting that he or she shall be liable to bear and pay
punishment in accordance with law if it is held that he or she has neither
concealed any existing creditor or property nor shown any non-existing
creditor or property nor falsely and otherwise set down any loss that has
not happened where it is required to give an inventory of loss, the suit
shall be taken, and if the defendant creditors make statements of defense
setting out clearly whether they agree to the institution of insolvency
proceedings or to give the date of repayment, if so allowed by law, and
that where the date of repayment can be given and they agree to give such
date, stating that they will give such date of repayment as asked for by the
debtor or so many years as they wish to give, and that where they wish to
institute the insolvency proceeding instead of giving the date of repayment
pursuant to law, stating that that the property and creditors shown by the
debtor in the inventory of loss are not correct for such-and-such reasons,
such-and-such creditors are non-existing and such-and-such properties are
being concealed by the debtor in such-and-such manner, and such
statements of defense are accompanied also by the evidence of such
matters and respond in full to the such matters set forth in the suit as may
be alleged to be incorrect; then the case shall be tried in accordance with
law, also inquiring the defendants creditors into the matter.
Number 5. If a suit is made for the institution of insolvency, then for the purpose of
giving information of the institution of insolvency as prayed for to the
other creditors not shown by the debtor allowed to institute insolvency, a
notice shall be set down, stating that such-and-such person has made a
plaint for being insolvent in favor of such-and-such creditors, if the debtor
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has not mentioned any existing creditor, then the creditors not shown by
the debtor may obtain a copy of the suit made by the debtor, read the
contents and examine the matters therein set forth, obtain such proof and
document of the matters as required to be obtained by them, and that the
office responsible for the recovery of government bond arrears or dues
may send a writing equivalent to a statement of defense, as referred to in
law, and the other creditors shall appear in person and file, or send an
attorney to file, statements of defense, within Fifteen days, excluding the
time required for journey, after the date of affixation of the notice, setting
out such matters as shown by the debtor and as required to be set out by
the creditors, also indicating whether the creditors will give the date of
repayment as prayed for by the debtor, and whether the reason for loss and
inventory of properties are correct or genuine or not, and, also responding
to the matters set forth in the suit, and showing evidence if so required and
all matters as to be mentioned by the creditor and the figure or amount to
be recovered, and that insolvency shall be made in accordance with law in
favor of those creditors who are inquired into and held to be as such, and
that in the event of failure to send a writing or a statement of defense, they
shall not be entitled to subsequently make a complaint for the institution of
insolvency in favor of the debts lent by them and that they shall not also
be entitled to claim the debtor, and the notice shall be stamped with the
seal of office and posted on the door of the office on the date of issue of
the process/notice in the name of the creditors shown by the debtor, and be
sent for service, on the date of issue of the process/notice in the name of
the creditors shown by the debtor, in such city, village and market within
its district as may be conspicuous to all, a notice shall also be sent to the
offices disbursing government money or Tejarath, and a proof of the
posting and notice so made or sent shall be recorded in the case-file. If a
writing as mentioned is sent by a creditor within the time-limit as
mentioned and the application is accompanied by written evidence, the
creditor shall be treated on equal footing with the other creditors shown by
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the debtor, and the case shall be tried in accordance with law, also having
a deed executed by the debtor and examined whatever evidence as
required to be examined. In the case of those who fail to send a writing or
application within the time-limit, any suit subsequently made by them
claiming that insolvency has not been made in favor of them shall not be
entertained nor shall recovery be made by the office in their favor.
Number 6. Where a reply is not sent within the time-limit even where a notice of a
suit for insolvency in favor of government dues or arrears has been sent,
insolvency cannot be made in favor of such dues or arrears. If the recovery
of the government dues or arrears cannot be made from the debtor in
accordance with law, subsequent to the insolvency made in favor of the
other creditors, the shortfall dues or arrears shall be recovered from the
chief of office who failed to make a response despite receiving a notice for
it and from the chief of office who failed to send such writing as required
to be sent and such failure has resulted in the insolvency in favor of the
other creditors only.
Number 7. If a person applies for the institution of insolvency, insolvency may not be
made in favor of a creditor who has already been precluded by law from
making a suit. Insolvency shall be made only in favor of the creditors who
are entitled by law to make a suit.
Number 8. A debtor shall not misappropriate, sell and dispose of, pledge, mortgage,
gift, donate or otherwise assign or give such properties as shown and set
down by the debtor and as shown subsequently by evidence, and the
transaction (receiving and giving) of such properties shall not also be
valid.
Number 9. A complaint, on the matter of concealment or covering up of property by a
debtor, shall not be entertained if it s not made, upon finding out the same,
within ten years after the date on which the inventory of properties has
been given or shown.
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Number 10. Where a debtor is neither able to furnish the evidence of the alleged loss in
the case where an inventory of loss has to be given nor does he or she
gives such property as shown by him or her or from the evidence, then the
debtor shall be held to have committed a dishonesty. For the commission
of the dishonesty, the creditor shall be liable to a fine of fifteen percent of
such amount in question as on which he or she has committed the
dishonesty, insolvency shall be made from the property whatever is
available. If the creditor applies for sentencing the debtor for the shortfall
amount in question, the debtor shall be sentenced to imprisonment for a
term not exceeding six months, at the rate of twenty five rupees per day. In
the case of a person who has crossed the age of sixteen years and been
involved in the transaction carried on by the debtor, that person shall be
liable to half the punishment mentioned above.
Number 11. If, after a debtor is sentenced to imprisonment pursuant to Number 10 of
this Chapter for having committed a dishonesty, the money of the creditor
is recovered from any property found out prior to the completion of the
service of the sentence of imprisonment, the debtor shall be released from
imprisonment immediately when such recovery is made.
Number 12. A person shall neither take any property subject to forfeiture in order to
conceal it nor knowingly take bailment of a property carried to conceal it
nor cause it to be concealed. If the property is taken for concealment or is
concealed, one who so takes it for concealment or one who conceals it
shall be liable to a fine at the rate of five percent of the amount in
question.
Number 13. If any movable or immovable property is pledged or mortgaged by
fulfilling the requirements of law prior to the filing of a suit of insolvency,
only the remaining after the recovery of the money of creditor who has
taken mortgage from that movable or immovable property shall be divided
to the other creditors on pro rata.
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Number 14. In executing insolvency, the money of the creditor who has taken the
pledge or mortgage by fulfilling the requirements of law and the property
in bailment or deposit taken by from the creditor or other executing
insolvency shall not be subject to insolvency. The movable and
immovable property owned by the debtor that remains after setting aside
such money/property as required to be set aside pursuant to law shall all
be subject to insolvency.
Number 15. In making recovery by way of insolvency, the money/property that is
required to be set aside from the property belonging to the person applying
for insolvency, pursuant to Number 14 of this Chapter, and the money of
the mortgagee creditor shall be recovered from the proceeds of sale by
auction of all other movable and immovable properties, pursuant to
Number 13 of this Chapter, the remaining money/proceeds shall be
divided on pro rata between the other creditors who are entitled by law to
recovery, in accordance with law, and the documents held with the
creditor shall be obliterated. A creditor shall not be entitled to claim a
debtor for any money not recovered from insolvency.
Number 16. In making recovery from insolvency, such money/property as required to
be postponed and set aside for the debtors in making forfeiture of property
for the amount in question pursuant to Number 26 of the Chapter on
Punishment shall be so postponed and set aside and the remaining shall be
divided on pro rata pursuant to law.
Number 17. If, in setting the date of repayment, both the creditor and the debtor agree
to give and take the date of repayment as so asked, the date of repayment
shall be set according to the agreement. If both the creditor and the debtor
do not agree to the date of repayment, no date of repayment that is more
than ten years shall be set for them.
Number 18. If some creditors opt to give the date of repayment and some opt to
proceed insolvency proceedings, and insolvency shall be made in the case
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of those who undertake to proceed insolvency proceedings, and the parts
of those who opt to give the date of repayment shall be handed over to the
debtor himself, and it shall be read out to them that they may make
recovery in accordance with law within the time-limit as referred to in the
Chapter on General Transactions if the debtor makes improvement The
debtor shall also be entitled to sell and dispose of such part or share of the
creditor who has given the date of repayment as handed over to the debtor.
Number 19. If any creditor finds out any property/money concealed prior to the
completion of insolvency proceeding, such property/money shall be
divided between the creditor who has so found out and the other creditors
as well, in accordance with law. If any creditor finds out any
property/money concealed by the debtor within the time limit only after
the completion of insolvency proceedings, the shortfall in the money of
that creditor who has so found out shall first be recovered therefrom, and
the surplus, if any, shall be divided between the others on pro rata.
Number 20. One who, in showing creditors, does not show such creditors who are
entitled to make recovery pursuant to law or shows non-existent creditors
shall be liable to a fine of ten percent if the borrower himself or herself or
heir to him or her has knowingly omitted them or shown non-existent
ones. One shall not be liable to punishment if such omission is made
unknowingly.
Number 21. The ten percent fee is not chargeable where the money of the usufruct or
sight mortgagor has been set aside, and bailment and deposit returned.
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Chapter-21
On Registration of Deeds
391Number 1. Any deed of adoption, deed of separation of kitchen (Manu
Chhutinu) and joining of kitchen, and any of the following deeds
relating to all other immovable property shall be registered:
A deed of transfer of ownership by way of sale or
otherwise..........1
Any type of mortgage deed (Bandhaki Tamasuk).....1
392A deed of re-mortgage (Lakh) of usufruct or sight mortgage
(Dristibandhak)..............1
A deed of will to be executed after the death of the executor of
will/deed of testament (Seshpachhi ko Bakaspatra)...........1
A deed on exchange of property (Sattapatta)............1
A deed on partition of joint property......................1
Number 2. 393.............
Number 3. A deed which is not to be registered mandatorily pursuant to
Number 1 of this Chapter may also be registered. If a person
appears to register such a deed with the concerned registration
office, it shall register such a deed, following the procedures set
forth in this Chapter.
Number 4. While preparing a deed required to be registered pursuant to the
Act, the parties to the deed may appear before the registration
391 Amended by the Gender Equality Maintaining Some Nepal Acts Amendment Act, 2063.
392 Amended by Seventh Amendment.
393 Omitted by Seventh Amendment.
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office and request the office to prepare the deed or may get the
deed registered, producing the deed before the office within Six
months from the date of preparation of such a deed upon preparing
and putting signature/thumb impressions on it at the household
pursuant to the Act or may legally prepare the deed, not putting
signature/thumb impressions on it at the household and may appear
before the registration office with such a deed and get it registered.
Where the parties to a deed appear before the registration office
and requests for the preparation of the deed by the office itself, the
office shall prepare such deed accordingly; and in cases where
signature/thumb impression has been put on a prepared deed at the
household or deed has been already written and the putting of
signature/thumb impression is yet to be completed, the office shall
check the deed and prepare another deed if such deed does not
meet legal terms and conditions; and if the deed meets legal
formalities, the office shall register the deed, upon getting the deed
to bear the signature/thumb impressions of the parties and to be
signed also by recognizing witnesses in front of the office.
Number 5. Both parties to a deed which has been prepared at the household
and required to be registered mandatorily shall appear before the
office within the date prescribed by the Act and cause the deed to
be registered ..........394
Number 6. In cases where a deed which has to be registered mandatorily has
been prepared at the household but the concerned party fails to get
registered such a deed as referred to in Number 5 of this Chapter,
the party concerned shall not be eligible to file a suit claiming any
immovable property on the basis of such unregistered deed. The
394 Deleted by the Seventh Amendment. This Amendment shall not apply in relation to those deeds which
have been prepared at the household or which have been prepared at the household and are pending at
any level (of the office/court) after filing a case for registration at the time of the commencement of
this Amendment.
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concerned party shall be eligible to recover the amount so paid for
such transaction, if any, and an interest for not being able to use
the property as if the transaction was equivalent to unsecured
money.
Number 7. 395.............
Number 8. In cases where a deed required to be registered mandatorily could
not be registered due to the death of the party, the immediate
successor and the other party shall get it registered within the
remaining period if it remains more than Thirty Five days of such
death and within Thirty Five days from such death if it remains
less than Thirty Five days. If the heir (Haquedar) is brought within
the stipulated period to register such deed and such a person agrees
(Sakari) the deed and consents to register it, the same statement
shall be set down on the top of the deed, signature/thumb
impression shall be put on such statement and the deed shall be
registered in accordance with the Act.
Number 9. In cases where a party to the deed (who caused for the deed)
appears before the office within the period set forth in the Act,
with an application to register the deed where the other party
entering into the deed at the household died before the registration
of the concerned deed and such a party has no heir, the office shall
prepare a notice consisting of the content whether the person
concerned has entered into such deed prepared at the household or
not, if there is any heir to the person so died, the heir may appear
before the office and report his or her statement within Fifteen
days excluding the time required for journey, and that in case the
heir does not appear before the office, the deed shall be registered
accordingly; and a copy of such notice shall be posted publicly in
395 Deleted by the Seventh Amendment.
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the village, town or ward of the person who executed the deed and
died before registration; and there shall be posted a copy at his or
her house door, a copy at the door of the office registering it and a
copy in any other public place conspicuous to all. If the successor
of the party to the deed who died or any other person if the
inherited property is to devolve on the Government of Nepal
appears before the office within the said time-limit, and does not
file a complaint that the deed was not executed or the party
executing the deed has not died, the concerned office inquire the
person whom the complaint has produced before office as a person
who knows about the death of the party or other witnesses
mentioned in the deed within Seven days of expiry of the timelimit,
and if it is found the person (party) has died upon entering
into the deed and heir of such person could be found, the office
shall mention the content accordingly and make registration of the
deed in accordance with the law. If someone files a complaint upon
hiding the fact that a person has died though he or she is still alive
or deed has been done though it was not so done or knowingly
conceals the fact that the heir is still there, and such complaint has
caused to register the deed; such a registration shall be voided and
such a complainant shall be liable to punishment in accordance
with the Act.
Number 10. The following matters shall be contained in a deed required to be
registered by both parties. The chief of office (Hakim), immediate
subordinate (Taharir) and section chief (Phantwala) shall put
signature on the head of the deed upon mentioning whether the
deed was prepared at the household or in the office. In cases where
the deed was prepared through a commission (Dor), the members
of the commission shall put signature accordingly:
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In cases where the party transferring the ownership is present in
person, he or she shall be caused to mention that this property does
not belong to another person, he or she has right in it and has not
transferred it by way of mortgage or transfer of ownership or
otherwise and is now transferring it by such-and-such means of
transfer of property..............1
In cases where the person who has to transfer the ownership has
died and his or her heir has to transfer the ownership, he or she
shall mention that such-and-such person entered into the deed with
such-and-such person on such-and-such date with such-and-such
contents, therefore they have got the deed registered
accordingly...........2
In cases where a deed involving payment and receipt of money
has been concluded, whether the amount was paid at the
household or before the office shall also be mentioned in the
deed...............3
In cases where the amount was paid based on the transaction
made earlier or upon adjustment of amount if an additional
amount has to be paid on the top of the previous transaction or
Nehdik was paid, it shall be mentioned in the deed..............4
All the evidence on behalf of the person transferring the
ownership, if any, shall also be mentioned in the
deed.....................5
Number 11. In cases where a person makes an application for the registration of
a deed which is to be registered before the office, by a
commission deputed by the office at his or her house, the chief of
office or sub-ordinate employee of the office shall, if the matter
falls within the jurisdiction of the concerned office, visit the house
 Amended by Seventh Amendment.
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of the applicant and make registration of the deed in accordance
with the Act. In cases where only the transferor of the ownership
appears before the office, the office may register the deed if the
receiver of the ownership appoints his or her representative and
sends his or her seal and agreed deed for the same.
Number 11A. If, in the course of transferring the ownership of any immovable
property, a person who is going to transfer right in the property by
a deed which is to be registered may, upon showing a reasonable
reason for being unable to appear before the registration making
office, appoint a person who is eligible to be an attorney pursuant
to the Act, as his or her authorized attorney, pursuant to Number
71B. of the Chapter on Court Proceedings, to transfer the
ownership of the specified property on his or her behalf. Such an
authorized attorney may obtain registration on behalf the person
executing the power of attorney, subject to the terms and
conditions of the power of attorney.
Number 12. The commission deputed to execute a deed at the household
pursuant to Number 11 of this Chapter shall not collect deeds to
meet the requirements of the Act or revenue without giving a
receipt thereof. When the designated commission returns to the
office, upon giving a receipt to the person concerned, it shall
maintain the official record, return the deeds so collected, and also
hand over the counterfoil (Aadakatti) upon collecting the previous
receipt given earlier while in deputation.
Number 13. When someone has to make a request to the chief of office or subordinate
employee in the registration making office pursuant to
Number 11 of this Chapter to prepare a deed at the household, such
a person shall prepare ready upon gathering the people necessary
 Amended by Seventh Amendment.
 Inserted by Seventh Amendment.
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and collecting essential deeds so that the deed could be prepared
without delay. If the concerned person does not do accordingly and
it causes delay, such a person shall be liable to a fine of Five
Rupees and such an amount so collected shall be credited to the
government account, and regarding registration, the designated
team shall do it as soon as possible and get back.
Number 14. The amounts to be paid and taken in the course of transaction of
the deed may be counted and caused to be handed over in the
office. If the money has been taken at the household, it shall not be
essential to bring money in the office.
Number 15. In the course of preparing, or causing to prepare, a deed of
immovable property, boundaries of such a property shall be
mentioned based on the deeds or records, if any, and if such deeds
or records are not available, accurate boundaries shall be
mentioned for all plots separately from the field.
Number 16. In cases where the transferor of ownership has shown the
boundaries of the land and building and someone files a complaint
that such boundaries are incorrect, it shall be decided in
accordance with the evidence. A boundary shall not be considered
as final only for the reason that it has been mentioned in the deed.
Number 17. In the course of registration of land, the deed of such land to be
registered shall not be registered unless the evidence of ownership
and the receipt of payment of land revenue of the land have been
submitted. The evidence and receipt so submitted shall be
recorded, the registration shall be concluded and the evidence and
receipt thereof shall be returned to the transferor. In cases where
there is only one evidence or receipt of several plots of land, the
office shall cause to prepare a valid copy of the deed and give it to
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the transferee ,and the original copy shall be handed over to the
person who has submitted it to the office.
Number 18. In cases where transferor has submitted any deed of his or her
ownership, in the course of preparing a deed of transaction, the
deed shall be handed over to the creditor (Sahu) if so required, and
the same statement shall be mentioned in the deed. In the case of
land, it shall be done in accordance with Number 17 of this
Chapter.
Number 19. In cases where the amount of previous transaction (Tamasuki) has
been accepted or same amount has been put in addition or Nehdik
has been paid for the purpose of transaction, such matter shall also
be mentioned in the deed.
Number 20. If someone has paid Nehdik, he or she shall show the evidence of it
in the office. In cases where payment for Nehdik is due, the office
shall cause to register the deed only after the evidence of the same
is produced before the office.
Number 21. In the course of registration, at least two witnesses, irrespective of
their abode, shall make identification of the transferor and
transferee and their address accordingly and the witnesses shall put
signature or thumb impressions to that effect.
Number 22. In the course of getting a deed by the office to be signed or thump
impressions impressed thereon, the contents and consequences of
the deed shall be read out and made understood to both parties, and
the signature and thumb impressions shall be put only after
completing such requirements.
Number 23. In cases where an amount is a part of the transaction, statements as
to whether the amount was paid before the office or at the
household and evidence thereof was produced before the office,
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and that the proceedings were done before the official shall be
mentioned on the head of the deed, and signature of the chief of
office, and subordinate employee and section chief, along with the
office seal shall be put thereunto; and the deed of registration shall
be handed over to one who is entitled thereto; and in cases where a
copy of the deed has to be handed over to the transferor, if any, it
shall be handed over to the transferor accordingly, and the
recipient of such a copy of deed (Dohori) shall be caused to put his
or her signature or thumb impressions on the statement that he or
she has received such a copy of deed on the side of the deed which
remains in the office.
Number 24. If, due to any reason, the chief of office is not present in the office,
the immediate subordinate (Taharir) shall sign it and cause it to be
signed by the section chief, and if the immediate subordinate
(Taharir) is not also present, the chief of office shall sign it and
cause it to be signed by the section chief accordingly. The reason
for the absence of the chief of office or immediate subordinate
shall be mentioned.
Number 25. In the course of preparing a deed which is to be registered, it shall
be prepared in triplicate if it is to be handed over to both parties
and in the case of other deeds, it shall be prepared in duplicate, and
the parties to transaction and witnesses shall duly put signature or
thumbs impressions thereon. It shall not be necessary to bring the
witness of a deed prepared at the household to the registration
office. The witness whose duty is to recognize the parties to the
transaction (Sanakhat-Sakshi) shall appear before the office and be
caused to put his or her signature or thumb impressions on each
copy in front of the office; and serial number shall be recorded on
the deed and the deed shall be registered pursuant to this Chapter.
A copy of such registered deed shall be kept in the office and a
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copy thereof shall be handed over to the transferee. In cases where
a copy has to be supplied to the transferor of the property, it shall
be handed over accordingly. If a deed has to be registered based on
the judicial decision on a case filed pursuant to Number 9 of this
Chapter, contents of the case and decision thereof in brief shall be
mentioned on the top of the deed so endorsed by the judicial
authority and the deed shall be registered pursuant to Number 23
of this Chapter and signature or thumb impressions shall be put on
such deed as mentioned hereinabove, and a copy of such deed shall
be prepared duly and the original copy shall be handed over to the
concerned party who has appeared for registration, and a copy
shall be handed over to the party who has duty to cause registration
.............. and both of them shall be caused to put their signature
and thumb impressions to the effect that duplicate copies
correspond to the original and they have received the copy or the
original, as the case may be.
Number 26. If, in the course of registration or any other time, any person wish
to look at or get a copy of a registered deed to find out whether the
ownership has been transferred to anybody else or not, the office
shall allow such person to do so.
Number 27. If cash or in-kind required to be paid pursuant to a deed registered
has to be paid by different persons at the equal rate due to partition
on their joint family, and all the persons who have to make such
payment do not appear at a time to pay it, and if some of them
appear for such payment of their respective share, such a partial
payment shall also be accepted and the same shall be noted on the
reverse side of the deed and a receipt thereof shall be prepared
describing the details of such payment and receipts shall be
 Amended by Seventh Amendment.
 Deleted by Seventh Amendment.
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exchanged between the payer and the payee and when such a
person makes full payment and appears to note down the detail on
the copy of the deed which is in the office, pursuant to Number 37
of this Chapter or such a person pays the due before the office, the
same shall be endorsed on the reverse side of the copy which was
submitted by the party and such a copy shall be returned upon
affixing the seal when the whole payment is made by the party. No
one shall refuse to receive payment, to endorse the details and to
release the deposit (Dhito) on the ground that full payment has not
been made.
Number 28. If any person appears before a registration office for the
registration of a deed in accordance with law, the registration
office in any territorial jurisdiction shall register the deed.
Number 29. In cases where someone appears before an office to register a deed
executed outside its territorial jurisdiction, such an office shall
send a copy of the registered deed to the office in whose
jurisdiction the house or land is located, and the latter office shall
record it in its serial number and enter the deed in the concerned
record book.
Number 30. If transmission or cross-off in the record (Dakhel Kharej) of the
office has to be made as a consequence of the registration of a deed
with the same office, such transmission or cross-off shall be made
accordingly. If such transmission or cross-off has to be made in the
record maintained in any other office, the office shall issue a notice
to the concerned person to appear before the concerned office
within Thirty Five days for transmission or cross-off, and a
separate notice shall also be given to the concerned office within
Seven days to transmit or cross-off the record of such and such
building or land and to maintain the record in the name of suchand-
such person. The concerned office who has a duty to transmit
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or cross-off the record and maintain the new record shall act
accordingly in accordance with the law
Number 31. In the course of preparing any deed required to be registered, the
name of father, mother, grandfather and grandmother shall have
to be mentioned in the deed. In the case of a body corporate,
mentioning of the name of such body shall be sufficient to meet the
requirement.
Number 32. The person, who has received a will (deed) which can be executed
only after the death of the transferor (donor), shall submit an
application to the registration office on the property in which right
has been created, when the transferor (donor) dies and the right of
the receiver becomes mature, within Thirty-Five days of the death
of the transferor (donor) to cross-off the record and maintain it in
his or her own name. Upon receiving such application, the
registration office shall check the deed in the office and conduct an
inquiry whether the transferor (donor) has died or not and whether
the transferor (donor) has cancelled the earlier deed or not; and if
the office finds, upon such inquiry, that the right of the receiver is
in existence because of the death of the transferor (donor) or the
deed is valid for not being cancelled by the transferor (donor), the
office shall cross off the record and maintain it accordingly
pursuant to Number 30 of this Chapter.
Number 32A. Notwithstanding anything contained in Numbers 30 and 32 of this
Chapter, if a person appears for transmission or cross-off with an
application after the expiry of the time-limit referred to in those
Numbers, the act of transmission or cross-off the records (Dakhel
Kharej) shall be made at any time, upon collecting a fee of Ten
Rupees. If such date has expired before the commencement of this
 Amended by Amending Some Nepal Acts to Maintain Gender Equality Act, 2063.
 Inserted by Third Amendment.
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Act, the cross-off of the records (Dakhel Kharej) shall be made
upon collecting the said fees.
Number 33. The date of registration of a deed required to be registered, which
was prepared at the household and registered subsequently, shall
be deemed to be the date for limitation to file a suit.
Number 34. In cases where Two or more (Dohoro) deeds are prepared, the deed
registered first shall be considered to be valid (Jetho) one.
Number 35. While re-deeming (Nikhannu) an immovable property pursuant to
the Chapter on General Transactions, it shall be done in
accordance with the following:
The person, who is allowed and interested to redeem any
immovable property shall appear before the registration office,
along with the creditor (who has received the immovable
property) and pay the money to the creditor and cause for a
receipt for the same and also cause to endorse the registered
deed by the creditor, and reasons shall be mentioned where
there is no deed. In the case of redemption by virtue of a
decree, such a decree shall be produced along with the
application. In cases where one is entitled to redeem, such a
property shall be crossed-off (Dakhel Kharej) and maintained
in the name of such applicant even though such a property has
already been crossed-offed and maintained in the name of
another person, and that matter shall be mentioned in the
deed/bond (Tamsuk) and record maintained in the
office.................1
In cases where a person who is duty bound to permit
redemption of any property by a person who is entitled to
redemption creates any obstacle or hindrance, the person
entitled to redemption may deposit the amount of the property
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with the office where the deed was registered or with the
registration office where the deed was registered or with the
registration office in that territory (area) where the creditor is
residing and file an application for the same; and if an
application is so filed, the applicant ............. shall be given
the time-limit to appear before the office ............. and a notice
shall be issued in the name of the person who is duty bound to
permit redemption to appear before the office within Seven
days along with the original deed,…………….396 excluding the
time required for journey. If the concerned person appears
within the time limit and agrees for redemption, the amount has
to be handed over to the creditor (Sahu) pursuant to Section 1
above, and a receipt issued by him or her and the registered
deed have to be handed over to the person who redeems
property (Aasami). In cases where a person who is duty bound
to permit redemption of property does not appear, a
memorandum shall be executed after the expiry of the timelimit
and a foreclosure notice (Chalani Purji) has to be issued
in the name of the person who is entitled to redemption to
execute or enjoy the immovable property; and a notice of the
same stating that if he or she does not appear within Three
years, he or she shall not be entitled to receive the deposited
money has to be served on the creditor (Sahu). In cases where
the person who is duty bound to permit redemption of property
appears but denies to redeem the property, the registration
office shall, if the claimed property deemed to be redeemable
upon examining the registered deed and other records of the
office itself, issue the foreclosure notice in the name of the
person who is so entitled, upon the expiry of the time-limit for
 Deleted by Seventh Amendment.
 Deleted by Seventh Amendment.
396 Deleted by the Seventh Amendment.
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appeal. If the person who is duty bound to permit redemption
of property appears and shows the reason that he or she has no
obligation to redeem the property, and it seems that decision
has to be made upon evaluating or examining the evidence, the
office shall pass a decree informing them to make a complaint
or case within Thirty Five days of such a decree. If a complaint
or case is not filed or decision is made against redemption of
such property even after the complaint or case is filed, the
deposited amount shall be returned to the applicant if he or she
appears within the time-limit as prescribed by law. If the
creditor (Sahu) or the debtor (Aasami) does not take back the
deposited amount within the time-limit, such amount shall
devolve on the Government of Nepal...................2
If an applicant who has deposited amount to redeem any
property pursuant to Section 2 above, in the course of time,
does not want to redeem the property for any reason or expires
the time-limit or fails to file a case or complaint, he or she shall
be liable to a fine of Two and half percent of the deposited
amount (Thaili), and the remaining amount from such deposit
has to be returned accordingly..............3
If a person who is duty bound to permit redemption of property
and a person who is entitled to redemption wish to enter into
compromise, the registration office shall execute such
compromise. An amount of One percent of the deposited
amount shall be charged for as the fee for compromise
(Baksauni)...............4
Number 36. If a case has been filed on the matter of failure to register a deed
within the stipulated time, and a decree has been passed in favour
of the registration of a deed, a notice (Purji) shall be issued by the
adjudicating office in the name of the registration office pursuant
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to Number 44 of the Chapter on Punishment. One has to appear in
person or send an attorney to file an application before the
registration office within Thirty Five days of the receiving of such
notice (Purji), along with such notice, a copy of the decree and the
deed to be registered. If a person so appears with such an
application, the registration office has to register the deed as per
the decree and notice (Purji) so issued in accordance with law and
mention on the top of the copy of the decree that the deed has been
registered on such and such date and affix the seal of office and
chief of the office, if the application has been made within the
time-limit and return such copy to the person concerned. In cases
where an application is not filed within the time limit, the act of
registration shall not be made upon the expiry of such time-limit.
Number 37. The amount to be given to the creditor (Dhani) of a deed which has
been registered may be given at the household (Gharsar) and a
receipt thereof (Kaagaj Phatta) has to be prepared, and such an
amount may also be paid before the office. In cases where the
amount was paid and received at the household, a statement that he
or she has received such-and-such amount on such and such date
shall be written on the reverse side of the deed concerned, and it
shall be caused to be signed by the recipient (Dhani) pursuant to
the Act (Code), and take a satisfaction receipt (Phatta) for the
same, and the person concerned appears in person or through his or
her attorney and produces his or her seal with a note (Lekhot)
within Fifteen days of such receipt to maintain it in the records
maintained in the office or if such amount is collected before the
office, such details shall be mentioned on the reverse side of the
deed and inventory and the receipt, and such a receipt has to be
returned upon affixing the seal of the office thereunto.
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Number 38. Any cash or kind to be paid to the creditor (Dhani) of a deed
required to be registered may be paid to the attorney who appears
before the office, along with a deed of attorney (Ikshyapatra)
prepared in front of the witness. In cases where any person appears
before the office, along with the satisfaction receipt (Phatta) which
is so endorsed upon paying at the household to the person holding
a power of attorney and the deed of attorney (Ikshyapatra) to
maintain in the copy of inventory in the office or to pay through
the person holding the power of attorney within the time limit
referred to in Number 37 of this Chapter, and the copy of inventory
in the office has to be maintained accordingly, and the concerned
deed shall be returned to the concerned party.
Number 39. In cases where a person wants to take a copy of a deed in the office
or to inspect such a deed, it shall be so permitted. For copying a
deed, Two Rupees shall be charged for per copy, and One Rupee
shall be charged for per copy to see the deed as a fee.
Number 40. The registration fee as prescribed by law shall be charged from the
following person on the following condition:
From the creditor (Dhani) in the transaction of deed of sale and
purchase (Rajinama) and mortgage (Bandhak)..................1
From all coparcenars (Ansiyar) on pro rata basis in relation to
the transaction of partition of joint property (Bandapatra),
separation of kitchen (Manu) or joining of kitchen...........1
From the receiver, in the case of any other deeds………….1
Number 41. In cases where the creditor/receiver of property (Sahu) or his or her
heir has enter into a deed and caused to register the deed upon
paying or taking additional amount, on the deed which was so
registered earlier, they shall not be charged for the amount which
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has been paid earlier. They shall be charged only for the amount of
additional transaction pursuant to law.
Number 42. In the case of transaction of land or building where cash has been
exchanged in the course of transaction, the registration fee shall be
charged based on the exchanged amount, even though the cost of
such land or building could have been found from any other source
or means.
Number 43. The time-limit for the registration of a deed shall not be extended if
it lapses.
Number 44. If a person appears before the office to perform any act as referred
to in Number 37 of this Chapter upon the expiry of the time-limit
mentioned in that Number, such a person shall be liable to a fine of
Twenty Five Paisa for (each) Hundred Rupees if he or she has
appeared within One year of such expiry of the time-limit and a
fine of Fifty Paisa for (each) Hundred Rupees if he or she has
appeared after One year of such expiry of the time-limit and the
act referred to in that Number shall be done accordingly.
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Chapter-22
On Default of Payment
Number 1. If a person who is held to pay a government due other than penalty is not
able to pay the due so held payable and gives a reasonable money bail
(Dhanjamani), the date of repayment shall be given for one year. In the
event of failure to give the bail accordingly, recovery shall be made in
accordance with law.
Number 2.397 No one shall, or make attempt to, receive, give, or cause to be received or
given, any such cash, in-kind of a government body or a body corporate
fully or partly owned by the Government of Nepal or of any bank as held
in his or her own custody, except in accordance with law or except with an
order or sanction duly made.
Number 3. In examining the treasury (Tahabil) containing governmental cash and inkind,
such examination shall be made in presence of the person who has
the custody of the treasury if such person is available and also in presence
of the assistant, treasurer and store keeper who are in presence. If the
treasury and stock do not correspond to that as set forth in the records and
list thereof, embezzlement (Masaut) thereof shall be held. The amount in
question that has been embezzled shall be recovered from the embezzler
and the embezzler shall be liable to the punishment of a fine equal to the
amount in question or imprisonment for a term not exceeding Three years
or with both punishments.
Number 3A.398 If any person embezzles or make attempt to embezzle any cash or in-kind
of a body corporate fully or partly owned by the Government of Nepal or
of any bank, that person shall be liable to the punishment of a fine equal to
the amount in question or imprisonment for a term not exceeding Three
years or with both punishments, where it is required to make recovery of
397 Amended by the Ninth Amendment.
398 Inserted by the Ninth Amendment.
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the amount in question, and to the punishment of a fine of up to Five
Thousand Rupees or imprisonment for a term not exceeding Three years
or with both punishments, where it is not required to make recovery of the
amount in question.
Number 3B.399 If any person embezzles any money/amount of a body corporate fully or
partly owned by the Government of Nepal or of any bank, the amount in
question shall be recovered for the partition share of the embezzler. If the
concerned body or bank makes an application for sentencing the
embezzler to imprison in consideration for the amount in question that
could not be recovered, the embezzler shall be so imprisoned for a term
not exceeding Four years irrespective of the figure of the amount in
question that a sum of Five Hundred Rupees is deducted per month.
Number 4. If a treasurer or storekeeper of a government office embezzles the
treasury, and the treasurer or storekeeper has been so appointed on the
understanding that he or she is trusted by the chief of office, such
remaining amount in question as has not been recovered from the
embezzler shall be paid by the chief of office.
Number 5. Interest (Sud) shall also be charged at the rate of Ten percent with effect
from the day of embezzlement of the treasury.
Number 6. No interest shall be charged with effect from the date of forfeiture of the
property where property has been forfeited in consideration for dues
attracting governmental interest and from the date of detention where the
debtor is detained prior to the attachment of the property. Where the
amount in question is not recovered from the auction sale of property so
attached and it is subsequently held that the property has been concealed
or covered up, interest shall also be charged on such amount that has been
held to have been concealed and recovered with effect from the date of
attachment. Where the property is being attached and it has matured for
399 Inserted by the Ninth Amendment.
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recovery by auction selling it, such auction sale shall be made within thirty
five days.
Number 7. If any type of movable or immovable property is tendered to be handed
over to any office for payment or hand-over to the Government of Nepal,
the office shall, if such property has to be received, receive such property
setting out all details and reasons. In the case of difficulty or confusion,
decision shall be made or cause to be made by taking action in accordance
with law, making credit to the deposit, setting out the same matter.
Number 8. Where the heir who inherits the transacting defaulter is arrested, such
amount in question as held to be recovered shall be recovered by forfeiting
the property belonging to the defaulter. Such defaulter shall not be claimed
for the remaining not covered from the forfeiture of property. If in making
such forfeiture, the defaulter has concealed and covered up any property
and it is held upon inquiring into the matter, the heir who has made such
concealment shall be liable to a fine equal to the amount in question so
concealed and to be detained in consideration for such a fine.
Number 9. If any worker who does other's work, except as mentioned in Numbers 2,
3A. and 3B of this Chapter,400 embezzles any cash or in-kind in his or her
custody and such embezzlement is proved upon a complaint made by the
owner, then the amount in question as required to be recovered shall also
be recovered by imposing a fine of Twenty Five percent of the amount in
question. If a suit is made by a person who carries out, or causes to be
carried out, any work claiming that a person has not repaid any money
other than that mentioned or makes or receives attachment or money that
cannot be made or received, the relation between the persons concerned
shall be that of a creditor and a debtor.
Number 10.401 While sentencing to imprisonment by the reason of short recovery as
required to be made pursuant to Number 9 of this Chapter, the term of
400 Amended by the Ninth Amendment.
401 Amended by the Ninth Amendment.
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such imprisonment shall not exceed one year at the rate of Twenty Five
Rupees a day.
Number 11. A suit on the offense as referred to in Number 9 of this Chapter shall not
be entertained if it is not made within two years after the date of the cause
of action.
Number 12. While sentencing a person to imprisonment for the punishment imposed
pursuant to law for the embezzlement of a government money or treasury
and also for the government amount in question, the person may not be so
sentenced to imprisonment for a term exceeding Ten years.
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Part-4
Chapter-1
On Forged Document (Forgery)
Number 1. If any person puts or prepares signature or finger impression, sign-mark or
seal (Chhap) or prepares a false document by erasing any content in a
genuine document prepared pursuant to the Act by any means (Tarakib)
and writing in such a way that it gives another meaning, or uses or puts a
blank singed paper (Lifa) or a seal given for any one purpose to any other
purpose or in any other document other than so permitted, or prepares a
fraudulent document, and such an act causes any harm to the body,
property/wealth or right of any other person, or if not so, causes any
benefit (profit) or creates any evidence to the concerned personor any
other person, such an act shall be deemed to be the offence of forgery
(Keerte), irrespective of whether any act has been performed (or benefit
taken) or not, by virtue of such a fraudulent document. Any person who
commits, or causes the commission of, such forgery or who knowingly
becomes a witness to a forged document or an accomplice in the
commission of offense shall also be liable to punishment.
Number 2. If a person, despite that the person has not forged a document completely,
tempers with a document by changing, or causing changes in, the figures
(Ghatibadi), date or other contents (Byahora) set down in a genuine
document prepared with the knowledge of the concerned person
(Kaarani), then that person shall be liable to punishment for forgery, to
such an extent that such figures or contents have been so changed.
402Number 3. If any person prepares, or causes to prepare, a document by inserting any
untrue matter or changing a date, figure or any content and putting
signature or thumb impression on it for the purpose of depriving any right
of any other person or causing the expiry of a limitation (to file a suit) or a
402 Amended by Ninth Amendment.
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date (in a suit) or causing any other damage or loss by any other means,
except otherwise mentioned in the foregoing provisions, that person shall
be deemed to have committed the offence of fraud (Jalsaji).
Number 4. If any person so expresses any false matter verbally that one may believe
it to be true or genuine and does any act, that person shall be deemed to
have committed the offence of verbal forgery.
Number 5. If any person commits, or causes the commission of, the offence of
forgery, with intent or motive to take the life of another person and that
the life of that other person has consequently been already taken, that
person who commits, or causes the commission of, the forgery shall be
liable to the punishment of imprisonment for life with the confiscation of
the entire property (Sarvaso), and other accomplice shall be liable to
punishment of imprisonment for Ten years. In the case where the life of a
person has not been so taken (not killed), the person who commits, or
causes the commission of, forgery shall be liable to the punishment of
imprisonment for a term of Ten years and other accomplice shall be liable
to the punishment of imprisonment for a term of Five years.
Number 6. If a person commits forgery on any matter involving the punishment of
imprisonment for life with the confiscation of entire property or that of
imprisonment for life, the person shall be liable to the punishment of
imprisonment for a term of Ten years, and if a person commits forgery on
any matter involving the confiscation of entire property, the person shall
be liable to the punishment of imprisonment for a term of Three years. In
case such an act has not yet been completed, he or she shall be liable to
half the punishment as mentioned above.
Number 7. If any person commits forgery regarding any property and has taken any
benefit out of it, the amount in question shall be recovered from, and a fine
equal to such an amount shall also be imposed on, that person. In case
such an act has not yet been completed, he or she shall be liable to a fine
of half the amount in question.
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403Number 8. If any person forges the seal which is used by the head of the state or the
document on which such a seal is put, that person shall be liable to the
punishment of imprisonment for a term of Ten years and the amount in
question, if any, shall also be recovered.
Number 9. In the case where a document has not been forged completely but figures
or some of its contents are manipulated or altered, the person involved in
such forgery shall be liable to such an extent of that manipulation or
alteration as he or she has so done. In the case of manipulating a date, the
person involved in such forgery shall be liable to a fine of Twenty Five
percent of the amount in question, if any, to the extent the person has
manipulated the date, thereby causing a loss or depriving of any right. If
there is no amount in question, such a person shall be liable to the
punishment of fine of up to Fifty Rupees.
Number 10. If any person prepares, or causes to prepare, a fraudulent (Jalsaji)
document, the person shall be liable to a fine of Twenty Five percent of
the amount in question, if any. If there is no such amount in question, such
a person shall be liable to a fine of up to Two Hundred Rupees.
Number 11. If a person commits, or causes the commission of, forgery on any other
matters except with the motive or intention to take the life of another
person, the person shall be liable to punishment that is equal to the
punishment imposable on the offender of forgery, and other accomplice
shall be liable to the half of such punishment.
Number 12. If a person forges the seal of a government office or seal or signature of a
government employee in the course of the government business, or any
document with such seal or signature, the person shall be liable to the
punishment of imprisonment for a term of One year, in addition to the
punishment as referred to in different Numbers of this Chapter, and if the
employee of the same office commits such an offence, he or she shall be
liable to additional Two years of imprisonment.
403 Accommodated by translator as per the spirit of Interim Constitution of Nepal, 2063.
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Number 13. If a person puts finger impression or signature of any other person, even
with the consent of such other person, the person shall be liable to the
punishment of a fine of up to Twenty Rupees, having regard to the nature
of the case.
Number 14. If a person knowingly witnesses a forged document, the person shall be
liable to the punishment of imprisonment for a term ranging from Fifteen
days to Two years, where the principal offender has to be liable for life
imprisonment, with the confiscation of entire property, or a fine of up to
One Hundred Rupees where the principal offender has to be liable to a
fine, in cases where the act has been completed. In cases where the act has
not been completed yet, half the punishment mentioned above shall be
imposed on such a witness.
Number 15. A person who commits a verbal forgery shall be liable to a fine up to half
(Fifty percent) the amount in question, if any, and up to One Hundred
Rupees if there is not amount in question. If such an act has not been
completed yet, the person shall be liable to half the punishment mentioned
above.
Number 16. No person, except one who is authorized to give designation with the
approval of the Government of Nepal, shall give any designation (Darja)
to any other person at his or her own will nor shall such person say or
write that he or she holds such-and-such designation. One who has
received a designation from the competent authority may say or write even
after his or her retirement from the service. If, with this except, any person
says or write that he or she has obtained any such designation as has not
been given to him or her, and any person who does the following act shall
be liable to the following punishment………………….
Any person who does any act with the boast of any false designation shall
be liable to imprisonment for a term not exceeding Four years or a fine of
up to Five Thousand Rupees or both and the amount in question shall also
be realized, if any. If any person commits any other offence, that person
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shall not be exempted from the punishment pursuant to the Act for the
offense committed by him or her...............1
A person who is knowingly involved, except a person involved without
knowledge, with such a person shall be deemed to be an accomplice. The
accomplice shall be liable to half the punishment as referred to in Section
1 above..........2
Number 17. Except where the punishment of imprisonment for life, with the
confiscation of entire property, is to be imposed, no person shall be
imprisoned for a term of more than Twelve years for the other matters as
referred to in the different Numbers of this Chapter.
Number 18. If a suit on any matter other than on the matter of forgery or fraud (Keerte
or Jalsaji) of a document on which the government seal has been put or of
any other document held in a government office or on any matter of verbal
forgery or saying or writing any false designation or of dismissal of
employees (Parapajani) by saying or writing so is not filed within Six
months of its knowledge, from the date of cause of action,404 the suit shall
not be entertained.
404 Amended by Court Management and Administration of Justice Related Some Nepal Acts Amendments
Act, 2058.
Note: Section 2 of sub-section 4 of the Court Management and Administration of Justice Related
Some Nepal Acts Amendment Act reads as follows:
"Notwithstanding anything contained in Number 18 of the Chapter on Forged Document
(Forgery), a lawsuit filed in any court of law pursuant to the prevailing law and subjudice
at the time of commencement of this Act shall be deemed to have been filed
pursuant to the same Number.”
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Chapter 2
On Looting
Number 1. A person shall not forcefully snatch away (Khosi) or cause loss to any
cash, commodity, property (Dhanmal), two footed or four-footed animal
(birds or cattles), including crops in the land that is owned and possessed
by other person, and such act arises out of the acts (Rup) as referred to in
different Numbers of this Chapter, with or without any dispute (Jhagada)
or battery (Kutpit), except in relation to any matter that can be held to be
an offense as referred to in the Chapter On Theft, by the nature of the
commission of the offense (Wardat); the commission of such act shall be
deemed to be the offense of looting.
Number 2. If a person snatches away such property, on the spot, or causes loss, on the
spot, to such property (Dhanmal), cash or commodity as may be carried
with another person there, by use of force (Dharpakad) or wrangle
(Bhanabhan), dispute (Jhagada) or dragging on the matters of land,
encroachment of land (boundaries), lending, borrowing, partition/share of
property, donation (Dan), gift (Bakas), harm (Bijai), improper act (Vidjut),
money (Rakam), amount (Kalam), servitude (Sandhi Sarpan), canal
(Kulo), water, harvest, meadow, pledge(Naso), deposit (Dharuat) etc., in
the disguise of the loss of property or showing any reason for the same or
with an argument that such a property belongs to him or her, the person
shall be deemed to have committed the offence of looting.
Number 3. Except in cases where a person, who is entitled to get back his or her
property transacted as usufruct or sight mortgage or pledge or deposit
based on the deed for the same, a person shall take back any property,
despite that the property belongs to such a person, only with the consent of
the person who has taken custody of that property or only after
establishing his or her title thereto by making a suit. If the person takes
back the property without obtaining such consent of making such suit,
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then the property so taken by him or her shall be returned back, by
imposing a fine of Twenty Five percent of the amount of the property than
exceeds the amount in question to which he or she is entitled and a fine of
Fifteen percent thereof if the property so taken back does not exceed or is
less than that to which he or she is entitled.
Number 4. If a person loots, or causes to be looted, ripen (prepared) crops cultivated
by any other person before it is cut, the person shall be liable to a fine of
Ten percent of the amount in question so looted if the looter has right in
such crops, and a fine of Twenty percent of the same if the crops do not
belong to the looter. If a person loots, or causes to be looted, unripe
(unprepared) crops cultivated by any other person before it is cut, the
person shall be liable to a fine of Twelve and half percent of the amount in
question so looted if the looter has right in such crops, and a fine of
Twenty Five percent of the same if the crops do not belong to the looter. If
a person loots or causes to loot such property in which the person has
right, such a person shall not be entitled to recover any of his or her
amount in question as damaged. If a person loots or causes to loot such
property as in which the person does not have right, the damaged amount
in question shall be recoverable from the looter to the person who has
right in the property. Every aider, other than the principal offender of
looting, shall be liable to the punishment that is one fourth of the
punishment that can be imposed on the principal offender of looting where
the property looted belongs to the looter and to the punishment that is half
the punishment that can be imposed on the principal offender where the
property looted does not belong to the looter.
Number 5. No one shall take and consume any crops (Bali), movable and immovable
or other property being attached (Rokka) by the office prior to its release.
If a person takes and consumes a property by way of looting and a
complaint is made on that matter, the office shall immediately arrest the
person who has taken and consumed it, recover any movable, immovable
property and crops as attached from that person and hold the property in
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the custody of the office or a reasonable person. If the person does not
hand over it, he or she shall be detained until he or she so hands over. If
the person does not return the looted property even within Fifteen days of
such detention, the movable and immovable property shall be realized, if
found in proper condition (Saabud), and if it is not so found, the amount in
question (Bigo) shall be realized, also from his or her property (Jayajat).
The person shall be liable to a fine at the rate of Twelve and half percent if
it is subsequently adjudged that a person who has no right in the property
has taken and consumed the same, and that of Twelve and half percent if it
is adjudged that the person who has right in the property has taken and
consumed it. The amount in question shall be given to the person who has
right in the property.
Number 6. Except as otherwise provided in Numbers 3, 4 and 5 of this Chapter, if a
person loots any property in any other manner, the amount in question
shall be recovered from the person who has taken, consumed, or caused a
loss or damage to, the property, and the looter shall be liable to a fine of
Twenty Five percent of the amount in question. Every aid and abettor shall
be liable to half the punishment imposable on the principal offender.
Number 7. If a suit is not filed within Three months from the date of the cause of
action, the suit shall not be entertained.
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Chapter-3
Cheating
Number 1. If a person takes or gives, or causes to be taken or given, any movable or
immovable property (Dhanmal) which the person has no right in and
belongs to other or the property which is in other’s custody or control, by
way of luring or conspiracy, or prepares, gives and submits any fraudulent
document regarding the property which the person has no right in or
deceives that any matter that is not with him or her is with him or her, or
lies something which is not true (Gaflat), or makes fraud, or gives, takes,
sells or exchanges some other's property upon pretending that the property
of somebody else belongs to him or her or has come into his or her
ownership, the person shall be deemed to have committed the offence of
cheating.
Number 2. If a person does any act yielding benefits to the person and causing loss to
another person by way of deceiving, misrepresenting or misleading the
other person, with mala fide intention or with intention to escape
punishment for an offense, or by lying that the name does not belong to
him or her but belongs to somebody else, or the person in question is not
him or her but is somebody else and by deceiving upon saying that some
other's name is his or her and that the person in question is him or her, and
deceives the person or knowingly causes another person to state such
matter or by any other means whatsoever, the person shall be deemed to
have committed the offence of cheating.
Number 3. In cases where the person cheated (victim) has hold the cheater and got the
cheater to execute a bond with the date for repayment (Bhaka Tamasuk),
the relation between them shall be that of a creditor and a debtor.
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Number 4.405 If the amount of cheating can be determined, such an amount shall be
realizable by the victim from the cheater and the cheater shall be punished
with a fine equal to the amount so cheated, and if the amount so cheated
cannot be determined, the cheater shall be punished with a fine of up to
Five Thousand Rupees and imprisonment for a term not exceeding Five
years.
Number 5. A person, who shares any property in collusion with the cheater, or aids
the cheater in the commission of cheating or knowingly becomes a witness
to the document prepared for cheating anybody else, shall be deemed to be
an accomplice. Such an accomplice shall be punished as if he or she were
the principal offender.
Number 6. The victim who has right in the property cheated shall be entitled to the
recovery of the amount in question of the property so cheated from the
person who knowingly receives or purchases the property so cheated and
purchased, and such a receiver or buyer shall be liable to the punishment
of a fine of up to Two Hundred and Fifty Rupees or imprisonment for a
term not exceeding Three months or both.
Number 7. Any transaction made in relation to the cheated property shall not be valid.
The cheated property shall be recoverable from the person under whose
custody it is, and the real owner (victim) shall be entitled to recover it. If a
person knowingly receives or purchases the cheated property, his or her
cost (Thaili) shall not be recoverable. If the cheated property is taken or
purchased without knowledge that it is a cheated property, the cost (Thaili)
shall be equivalent to unsecured money (Kapali).
Number 8.406 If a suit on any matter as referred to in this Number is not filed within on
year from the date on which it came to the knowledge of the Government
of Nepal, if the Government of Nepal is a plaintiff, and in the other cases,
405 Amended by the Ninth Amendment.
406 Amended by the Ninth Amendment.
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within Two years from the date of the cause of action, the suit shall not be
entertained.
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Chapter-4
On Theft/Stealing
Number 1. If any person, with mala fide intention, takes any immovable property by
converting it into a moveable property or any other moveable property in
which he or she has no right, without giving any notice or taking consent
of its owner to take it away or consume by himself or herself, upon
depriving the owner of such property of ownership, by any means, such an
act shall be deemed to be the offence of theft.
Number 2. Where a notice has been given to a minor of a joint family (Sagol) or
consent of a minor has been obtained, it shall not be considered that a
notice has been given to the owner or consent of the owner has been
obtained for the purpose of Number 1 of this Chapter. In cases where a
person gives notice to or obtains consent from any prudent (Jankar) major
of a joint family, it shall not be considered theft but it shall be dealt with in
accordance with the Chapter On General Transactions.
Number 3. In cases where theft is committed by making a tunnel or an artificial
staircase (Sen) or breaking or opening the wall, window or door or
entering from the roof, balcony, window or wall or through any other
irregular way or by any means except the open door or by entering into the
building from the regular pathway but coming out from the irregular path
way as mentioned hereinabove, such an act shall be deemed to be the
offence of burglary (Nakabajani).
Number 4. In cases where a theft is committed by using force (Hatpat) or tying
(Bandhi) or pressing someone or showing fear or threat to take life
immediately or to cause grievous injury or locking the person upon
closing the door or upon using excessive force (Jorjulum) to the
victim when he or she tries to recover the stolen property or catch
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the offender on the spot or pursuit him or her from the spot after
the commission of theft or snatches away any property from the
body of a minor even doing nothing as mentioned hereinabove,
such an act shall be deemed to be the offence of forcible theft
(Jarbarjasti Chori).
Number 5. In cases where a person commits the forcible theft by sneaking
(Dhuki) around a road or wharf (Ghato) or forest (Jungle), the
person shall be deemed to have committed the offence of Rahajani
theft.
Number 6. In cases where more than four persons commit the offence of
forcible theft or Rahajani theft or any other theft by showing or
using any weapon or using force or manhandling (Hulhujjat), such
theft shall be deemed to be the offence of robbery (Danka).
Number 7. If any person comes to know that any offence of theft has been
committed, the person shall appear before the nearest Police Office
within Seven days from the date of knowledge of such an offence,
and file an application (first information report) upon showing the
details, i.e. name, nature, count of the property and amount in
question correctly and such an informer shall collect a receipt for
the same. Upon submission of such an application, the concerned
Police Office shall send a copy of it to the higher authority, initiate
legal action and search it.
Number 8. If a person brings any goods to keep or sell such goods and there is
a reasonable ground to doubt that the goods are stolen, the goods
and the person who has so taken or kept goods shall be handed
over to the nearest Police Office.
Number 9. In cases where the owner of property, before giving a notice to the
Police Office, sets free any thief other than a thief committing the
offense of forcible theft, Rahajani theft, or robbery or a recidivist,
the owner of stolen property shall not be deemed to be an offender.
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In any case, the owner of stolen property may exempt the offender
from the amount in question, upon preparing a deed for the same;
and in the case of punishment it shall be as provided in the Act. In
cases where the owner of stolen property has caused to prepare a
deed regarding the amount in question of a stolen property, it shall
be equivalent to a transaction of unsecured money (Kapali).
Number 10.407 In a lawsuit of theft, the case shall be disposed of as
following..............
In relation to any cases of theft, other than those of robbery, if the
accused has absconded and elapsed the date stipulated in a notice
or a co-partner or an accomplice who is so divulged (Polnu) by an
arrested accused upon his or her confession is absconding, such a
suit shall be adjourned or stayed until such absconding accused
appear voluntarily or is arrested and produced; such a case shall be
disposed of as it appears in the case file within the date as referred
to in the Act in relation to the other defendants. In cases where all
the defendants of a case do not make presence voluntarily or are
not arrested at the same time and the statement of those defendants
is being recorded in different times and the case cannot be matured
in respect of all defendants at the same time, the suit shall be
decided at a date when the case is matured in relation to the
defendant concerned...........................1
In relation to those defendants in relation to whom the suit has
been adjourned/stayed, it shall be reopened and decided after the
expiry of 408One year of such adjournment even though the
accused does not appear voluntarily or is not arrested, based on the
evidence so collected and examined until that date........................2
407 Amended by the Seventh Amendment.
408 Amended by the Court Management and Administration of Justice Related Some Nepal Acts
Amendment Act, 2058.
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In all types of theft cases, the amount in question shall be
recovered from the concerned persons according to their respective
share of such amount. If, in the course of recovering the amount in
question, the stolen property is found out (seized), the stolen
property shall be recovered for the victim; if the seized property or
amount is not sufficient to meet the amount in question, the victim
may file an application upon showing the property of the
concerned offender; and the remaining amount in question shall be
recovered from that property, and except in the case of a
government amount in question regarding stolen property, if the
owner of property makes an application pursuant to Number 42 of
the Chapter on Punishment for the imprisonment of offender
instead of the claimed amount not realized even from the property,
the offender shall be imprisoned for a term not exceeding Two
years at the rate of One day for Twenty Five Rupees409..............3
Number 11. Any accused, who has been arrested for committing theft in
different places at different times, shall be punished separately for
each commission. If a person commits robbery and other types of
theft, the punishment for robbery and other theft shall be
accumulated separately for the purpose of additional punishment
for recidivism. If such punishment is found so imposed by a
foreign court, additional punishment for recidivism shall not be
accumulated (Khapi).
Number 12. In a general theft, except in robbery, Rahajani, forcible theft and
burglary, each offender shall be liable to a fine equal to the total
amount in question; and he or she shall be liable to the punishment
of imprisonment for a term of One month for committing the
offence for the first time, Three months for the second time, Six
months for the third time, One year for the fourth time, two years
409 Amended by the Ninth Amendment.
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for the fifth time, Four years for the sixth time and Six years for
more than Six times, accordingly.
Number 13. In cases where the amount in question on a theft case as referred to
in Number 12 of this Chapter is less than Fifty Rupees, the
offender shall be punished with half the fine for committing such
an offence for the first time, and he or she shall be liable to half the
fine and imprisonment for committing general theft for two or
more times as referred to in that Number. While counting the
'times' (patak) in a recidivism case, the 'times' shall be counted for
each conviction by the court, though the accused has confessed the
commission of theft for more times.
Number 14. Any person who commits the following type of theft shall be liable
to the punishment as follows:
If the person commits burglary, the person shall be punished with
an additional half (Fifty percent) of the punishment as referred to
in Number 12 of this Chapter.............................1
If the person commits the forcible theft, the person shall be
punished with an additional half (Fifty percent) of the punishment
as referred to in Number 12 and shall be imprisoned for the fine so
calculated; and in case the term of imprisonment so calculated is
less than Four months, he or she shall be imprisoned for at least
Four months............................2
If the person commits the Rahajani theft, the person shall be liable
to punishment that is two-fold of the punishment as referred to in
Number 12 of this Chapter and shall be imprisoned for the fine so
calculated; and in case the term of imprisonment so calculated is
less than Six months, he or she shall be imprisoned for at least Six
months......................3
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If the person commits robbery, the person shall be liable to a fine
of additional Fifty percent of the amount in question and to
imprisonment for Six years for the first time, Nine years for the
second time, and Twelve years for the third or more than third
time...................................4
Number 15. In the course of imposing punishment on the offender pursuant to
Numbers 12, 13 and 14 of this Chapter, if the offender submits or
produces the amount in question prior to the disposal of the case,
except in cases where the offender is a government employee or
where the owner of stolen property himself or herself has assisted
in finding out or seizing the stolen property in the course of search
and seizure, the offender shall be liable only to the fine of Ten
percent of the amount in question.
Number 16. In cases where a major and prudent (Janakr) person sells a
property stolen by a minor who is below the age of Sixteen years,
the purchaser (buyer) shall be entitled to receive his or her money
(Thaili) from the seller, and the seller shall be liable to a fine of
upto the amount in question (Bigo).
Number 17. A person, who attempts to commit the offence referred to in
Numbers 12 and 14 of this Chapter, shall be liable to the
punishment of imprisonment that is half the punishment
(imprisonment) as prescribed for the concerned offence.
Number 18. If a person commits the offence referred to in Numbers 12 and 14
of this Chapter by administering intoxicating substance to the
victim and making him or her unconscious, the offender shall be
liable to the punishment of additional imprisonment of One year as
referred to in those Numbers, respectively.
Number 19. If a member of joint family commits an offence of theft and brings
any of such property to the family and the other family members
above the age of Sixteen years consume such stolen property upon
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knowing the fact that it is a stolen property, the amount in question
shall be recovered from the partition property of such other family
members. If the amount in question is not recoverable in full, the
other family members other than the thief (offender) shall not be
liable to other punishment.
Number 20. An accomplice, who has not gone with the offender to steal any
property but who has been involved in taking a share of such
property, shall be responsible to pay back all the shared amount for
each time that he or she has taken such a share, and shall be liable
to a fine equal to the amount in question and shall also be
imprisoned based on the recidivism.
Number 21. In the course of recovering the stolen property by the owner from
the seized property, it shall be recovered by the owner to the extent
it is proven that particular property belongs to a particular person
by the evidence; and in the case of any other property where the
owner is not found, such property shall be deposited with the office
and a notice of Three months shall be published for the same. If
any person appears before the office within the date so prescribed
in the notice to recover such a property and the details of property
so requested resembles with the property details mentioned in the
first information report, such property shall be handed over to
such applicant. No ten percent fee (Dasaund) shall be levied to
hand over such property.410 If any person does not appear or if
there is no resemblance with the property mentioned in the report,
such property shall be realized by the owner who has first caused
to arrest the accused and claimed for the property, and if there
remains some extra property, it shall be recovered by the other
owners of the property so proven by evidence on pro rata basis
(Damashai); and again there remains any property, it shall be
410 Inserted by the Court Management and Administration of Justice Related Some Nepal Acts Amendment
Act, 2058.
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auctioned and the amount so received shall be credited to the
Government of Nepal. No one shall be fined for the amount in
question where the owner of property is not found. In the case of
shortfall, it shall be recovered from the property of the offender.
Number 22. Out of the persons who have gone together to commit any type of
theft but who have not been involved in the commission of offence
of rape or murder or who have not committed such offence, such
persons shall be liable to the punishment only for the theft. In cases
where, such thief (offender) before accusation against him or her
or his or her arrest reports the offence of murder or rape so
committed on the spot immediately (Maukaima) or where the
offender controls and causes the arrest of the co-accused or
provides a lead information (Suraak) before accusation or his or
her arrest, such an accused who reports or brings or causes to arrest
shall not be punished for the offence of theft even though he or she
confesses the offence or it is so proved by the evidence; such an
offender (who so helps) shall be set free upon realizing the amount
which he or she has taken away or used up.
Number 23. If any person purchases any property or commodity in which the
profit margin is up to Fifteen percent vis-à-vis the cost of that
commodity in a transaction of sale and purchase, or upt o Twenty
percent in the case of mortgage (Bandhak) transaction even
without preparing a deed for such transaction, or upon preparing a
deed of transaction even the profit margin is more than that, such
an act shall not be deemed to be an offence if such transaction has
been made without the knowledge that the commodity is a stolen
one. If someone accepts (such commodity) with a profit margin
more than that mentioned above without preparing a deed or with
the knowledge that the commodity is a stolen one, the provisions
referred to in Number 24 of this Chapter shall be applicable. The
cost of such a commodity shall be calculated taking into
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consideration the time when the commodity was so transacted and
the amount in question shall be determined accordingly.
Number 24. Any person who knowingly accepts, keeps or purchases a stolen
property shall be liable to a fine equal to the amount in question if
he or she has committed the offence for the first time. From second
time onwards, the offender shall be liable to a fine equal to the
amount in question and to imprisonment in consideration for the
fine also. If one takes stolen property without such knowledge
he/she shall not be fined and imprisoned. One who has taken such
property without knowledge shall be entitled to recover his or her
amount in question from the giver including the thief as if the
amount was unsecured money. In cases where a person has taken
stolen property from a minor, he or she shall not be entitled to
claim his or her money (Thaili).
Number 25. Even though any property has been taken in any manner
whatsoever, if the property is proved to be a stolen property,
whether it has been taken knowingly or unknowingly, the owner of
such property shall be entitled to it, and the property shall be
recoverable by the owner irrespective of the destinations the
property has reached. In cases where a currency note or cash has
been exchanged or any commodity purchased or sold out of such
note or cash, the receiver of such note or cash shall not be liable to
return such amount.
Number 26. A prudent (Jankar) male, who is above the age of Sixteen years
and below the age of Sixty-Five years, and does not provide help
upon listening the cry for help to catch a thief by anybody else
(Gwahar), shall be liable to a fine of upto Fifteen Rupees.
Number 27. On the matters referred to in this Chapter, the total term of
imprisonment for the amount in question, fine, and imprisonment
or accumulation of all the three, shall not be more than Eight years
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for (general) theft, Ten years for burglary or forcible theft, Twelve
years for Rahajani theft, and Eighteen years for robbery.
Number 28. 411..............
Number 29. There shall be no limitation to file a case if someone reports with
sufficient real evidence. In the other cases, a case has to be filed
within one year from the date of the cause of action.
411 Repealed by the Ninth Amendment.
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Chapter 5
On Arson
Number 1. No person shall, knowingly, commit or cause to be committed or attempt
to commit arson for causing a loss to anybody else. If any person commits
such an act, all the persons involved in that act and the conspirator
(Matalabi) shall also be liable to punishment.
Number 2. If any person causes arson, knowing the fact that somebody is inside the
building (house) belong to others, it shall be deemed that the arson has
been caused with an intention to kill a person, and such an act shall be
dealt as referred to in the Chapter on Homicide.
Number 3. If any person causes arson in the building (house) of anybody else and it
causes death or hurt to a cow or ox, such an act shall be dealt as referred to
in the Chapter on Quadruped.
Number 4. If any person commits or attempts or instigates to commit the offence of
arson in a place where any commodity of anybody else has been stored
and such a place is not a house but a place out of the house, and no house,
quadruplet or person has suffered a damage, the damaged amount shall be
recovered and the person involved shall be punished with imprisonment
for a term of Six months for each place for the commission of offence, and
he or she shall be punished with imprisonment for a term of Three months
for each place for the attempt. The accomplice (Matiyar) shall be punished
with half the punishment imposable on the principal offender.
Number 5. Except in cases where punishment is to be imposed as referred to in
Number 2 of this Chapter for causing arson in the building of other person,
if a person causes arson in one building, the principal person who
instigates (gives words) for such an act shall be liable to the punishment of
imprisonment for a term of Four years and if the person causes arson in
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more than one building, the person shall be liable to imprisonment for a
term of one additional year for each building.
Number 6. Any person who causes arson, or instigates for the same as a principal
offender, in a building or a place where government documents or treasury
(Tahabil) have been kept or located, such an offender shall be liable to
imprisonment for a term of Four years to Twelve years. Any person who
causes arson or instigates for the same as a principal offender in a building
or a place where military equipment, arms and ammunition (Khajana)
have been kept or stored, such an offender shall be liable to life
imprisonment with confiscation of the entire property (Sarvasho). Except
as otherwise provided herein (in this Number), if any person causes arson
in any other government building, the person shall be liable to the
punishment as referred to in Number 4 of this Chapter.
Number 7. Except the principal instigator or offender involved in arson, the
conspirator (Matlabi) and accomplice shall be liable to half the
punishment to be imposed on the principal offender.
Number 8. In cases where at attempt has been made to commit arson but the act of
arson has not been completed, the offender and the principal instigator
shall be liable to the punishment of imprisonment for a term of Two years
and the conspirator (Matlabi) and accomplice shall be liable to
imprisonment for a term of One year. In the case of a building where
government documents and treasury (Tahabil) have been kept, the
punishment shall be two-fold.
Number 9. In cases where the amount in question for the loss caused by an act of
arson could not be recovered from the total property (Jayajat) of the
offender, and the owner of the building (property) files a petition for the
imprisonment of the offender for the unrecovered amount in question, it
shall be dealt as referred to in Number 10 of the Chapter On Theft.
Number 10. In cases where, in the course of arson, any cattle or property (Dhanmal) is
damaged, the amount in question for such a loss shall be caused to be
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recovered from the property (Jayajat) of one who has committed or
caused to commit arson if the amount of loss is set out and if such amount
in question is not set out, it shall be as fixed by the local people
(Panchakriti Mol).
Number 11. Except on a matter involving the punishment of life imprisonment with
confiscation of the entire property, no one shall be imprisoned for more
than Twelve years on the other matters referred to in this Chapter.
Number 12. In the case of a death of a cow, ox or human being, the limitation to file a
suit shall be as referred to in the concerning Chapters. On the other matters
as referred to in this Chapter, if a suit is not filed within One year from the
date of the cause of action, the suit shall not be entertained.
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Chapter-6
On Counterfeiting
Number 1. No one shall counterfeit, or cause or attempt to counterfeit, a government
coin, currency note, stamp (postage stamp), stamp paper, Mana, Pathi,
measure of weight (Dhak) with a sign number, measuring rod or tape
(Gaj), the instrument used as a means of rules and usages (Thiti chalan) by
molding (Dhali) or engraving (Khodi) any fake sign (Baahida), mark
(Tak), seal, number, symbol; and no one shall knowingly sell, purchase, or
transect (measure, weight) from an unauthorized (not used sign or mark
from the Government) instrument (Mal) or bring into use (Chalauna) that
type of instrument (Mal), and re-use the stamp or stamp paper once used
and cancelled earlier. Such an act shall be considered to be the offence of
counterfeiting.
Number 2. No one shall melt (Galna) a coin issued by the Government, except the
lower quality coin (Dagi) or wreath of coin is marked (Kati) and
withdrawn by the government for being useless (Bekamma) due to an act
of God, without the prior approval of the Government.
Number 3. No one shall sell metal, jewellery or any food and any other commodity,
by misleading it to be a qualitative one which in fact does not have such
quality or by making adulteration; and no one shall measure, weigh or fill
up for the same upon deciting (to cause Ghatibadi) beyond the norms of
weighing and measuring, in the course weigh or measurement; and no one
shall keep such deceitful instruments or apparatus (Mal) at his or her shop.
Number 4. If a person makes and uses fake government coin (Tak), stamp number,
sign mark (Nishana) etc., the amount in question shall be recovered, and
the following provisions shall be applicable:
If the person mints a fake coin or prints a fake currency note, the person
shall be liable to punishment of a fine equal to the amount in question and
imprisonment for a term of Ten years.............................1
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If the person prints a fake stamp (postage) or stamp paper which may be
sold, the person shall be liable to punishment of a fine equal to the amount
in question and imprisonment for a term of Six years...............2
If the person uses a fake seal, number or sign mark in the Dhak, Mana,
Pathi, Gaj etc. (weighing and measuring instruments), the person shall be
liable to punishment of a fine equal to the amount in question and
imprisonment for a term of One year..................3
All the goods and materials (Malsaman) used and can be used in the acts
as mentioned above shall be confiscated..................4
Number 5. In cases where a government employee in the official job of minting the
coin or printing the stamp (postage) or stamp paper or putting (measure of
weight) the number or sign mark in the Mana, Pathi, Gaj, Dhak
(measuring and weighing instruments) prepares, prints, mints, carves,
engraves any Dhak, seal, Gaj, number, sign mark etc. or causes for the
same without any order or notice (Purji) of the Government of Nepal or
acting contrary to law or attempts to commit such act or knowingly acts to
alter (Ghatibadi) in weighing and measuring in the course of minting,
printing, carving, engraving, measuring the number or sign marks even he
or she is entitled to do this job pursuant to the law or with an order or
notice (Purji) of the Government, the person shall be liable to the
punishment of additional one fourth of the punishment as referred to in
Numbers 4, 6, 7 and 18 of this Chapter.
Number 6. If a person is or going to mint a fake coin or print, carve, engrave or make
a Government seal, number or sign mark in the currency note, stamp
(postage) stamp paper (Lifa), Dhak, Mana, Pathi, Gaj, or keeps the
printing, carving, engraving or making seal, machine (Sancho) or
apparatus (Sarjam) with him or her or in a rented house, his or her house
or shop with that (mala fide) intention, or caused to be committed such
act, the person shall be liable to half the punishment as referred to in
Number 4 of this Chapter.
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Number 7. A person who is indulged in the preparation (a Matlabi involved in
conspiracy) for the commission of the offence as referred to in Number 4
of this Chapter shall be liable to imprisonment for a term that is half the
term of imprisonment as mentioned in that Number. If such a person has
taken up or used any benefit (Liye-khayeko) from such an act, the amount
in question (Bigo) shall be recovered from that person, and a fine equal to
such an amount shall be imposed on him or her.
Number 8.412 If a person mints a coin or makes (prints) currency note or cheque which
can be used as good as a currency, of a foreign country, within the
territory of Nepal, or if a person imports or brings in use any coin,
currency or cheque counterfeited in a foreign country into Nepal or
attempts for the same and indulges in such activity, the person shall be
liable to a fine equal to the amount printed in the currency and
imprisonment for a term of up to Five years; and such counterfeited
currency shall be confiscated and cancelled. A person who receives a
counterfeit without such knowledge shall not be liable to punishment.
Number 8A.413 Any person who uses or attempts to use a cancelled cheque etc.,
concealing or deceiving the fact, shall be liable to half the punishment as
referred to in Number 8 and such a cheque shall be seized (Jafat).
Number 9. Ten Cheuti shall be one Muthi, Ten Muthi shall be One Mana, Eight Mana
shall be One Pathi and Twenty Pathi shall be One Muri.
Number 10. Eight stout barley grain (Jau) put together shall be one Angul, Twelve
Angul shall be one Bitta, Two Bitta shall be one Haat and Two Haat shall
be one Gaj (yard) or Thirty Six inches shall be one yard.
Number 11. Eight Lal shall be one Masa, Twelve Masa shall be one Tola, Four and
half Tola shall be one Karua, Four Karua shall be one Paau, Four Paau
shall be One Ser, One and half Ser shall be One Bisauli and Two Bisauli
shall be one Dharni in the Dharni related weighing system; and in a Man
412 Amended by the Ninth Amendment.
413 Inserted by the Ninth Amendment
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related weighing system, Ten Lal shall be One Masa Ten Masa shall be
one Tola, Five Tola shall be one Chhataak, Four Chhataak shall be one
Paau, Four Paau shall be One Ser and Forty Ser shall be One man.
Number 12. If a person makes profit of dregs in chasni (piece of gold and/or silver) by
decreasing the weight, the person shall be liable to pay the amount of such
profit and to a fine equal to that amount.
Number 13. If a person brings in use the measuring or weighing Mana, Pathi, Dhak
and Gaj etc. by decreasing or increasing its measurement capacity and if a
person keeps such an instrument at his or her shop with mala fide intention
of bringing the same in use (Chalan), the person shall be liable to pay the
amount in question where it is required to make recovery of such amount,
and to a fine of Fifty Rupees for each instance.
Number 14. In cases where a Mana, Pathi, Dhak, Gaj etc. is found without a seal,
number or sign-mark, or a balance-scale or sealed or numbered Mana,
Pathi, Dhak, Gaj etc. is found to be faulty, such instruments shall be
confiscated (seized), made useless, auctioned and amount collected from
such an auction shall be credited to the revenue of the Government of
Nepal.
Number 15. If any person sells any bad commodity misrepresenting that the
commodity is good one or mixes up something wrong with any
commodity, the additional profit earned out of such act shall be recovered
by the owner who has suffered loss, and the person who sells such
commodity shall be liable to a fine of Fifty Rupees each time.
Number 16. No person shall bring into use (Chalan) any counterfeit coin, wreath
(Mala) or any other lesser quality (Dagi) coin due to a hole on it or
burning (fire) or by virtue of any other reason. Except this, everyone
including a government office shall bring into use (Line Dine) the worn
out (Maleda), broken boundary and smashed coin. If a person does not
accept a broken or smashed coin, the person shall be liable to a fine equal
to the amount of such unaccepted coin. If any person surrenders any coin
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that should not be used to the office, such a coin shall be broken into
pieces and returned. If a government employee breaks such a coin into
pieces as should not have been so broken into, and returns it, such an
employee shall be liable to make payment of the amount in question and
to a fine equal to the amount in question of the broken coin.
Number 17. Except where the lower quality wreath has been issued (permitted) by the
Government of Nepal and any coin has become useless due to an act of
God, if a person melts any coin issued by the Government of Nepal
without taking prior approval (Saadhi) of the Government of Nepal, the
person shall be liable to a fine equal to the amount in question of the
melted coin.
Number 18. If a person knowingly purchases, sells, brings in use (Chalan) or transects
a counterfeit coin, seal numbered, sign- marked cash or commodity, with
an intention to earn profit upon transacting it in its full cost, the person
shall be liable to a fine of up to One Hundred Rupees, and the amount in
question shall be confiscated.
Number 19. If a person, fraudulently and knowingly, uses a stamp (postage) or a
stamp-paper already used and cancelled again as a genuine one or attempts
to do so, the person shall be liable to a fine at the rate of Fifty Rupees if
the cost of one stamp or stamp-paper is less than Fifty Rupees and equal to
the amount in question if the amount in question is more than that.
Number 20. A government currency note and the coin shall be transacted (given and
taken) at the rate it is mentioned in such currency or coin. If any person
transacts, or causes to be transacted, a currency or coin at a higher or
lesser rate, the person shall be liable to a fine of up to Five Hundred
Rupees and the amount in question shall be confiscated.
Number 21. The Government of Nepal may, by publishing an order in the Nepal
Gazette, restrict particular type of currency note or coin from using
(Chalan Chalti) and transporting the same in particular places. The
Government of Nepal may issue an order to surrender such a restricted
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currency note or coin to a designated place, upon publishing a notice in the
Nepal Gazette. A person who surrenders a currency note or coin pursuant
to the notice shall be entitled to receive the currency note or coin of
similar value so surrendered. If a person brings in use (Chalan Chalti) the
restricted currency note or coin or carries (transports) in to a restricted
place or does not surrender in the designated place within the designated
period of time, such a currency note or coin may be confiscated by an
order of the Government of Nepal; and if someone helps to arrest and
prove a suit of using (Chalan Chalti), illegally exporting or hiding such a
restricted currency note or coin, the person shall be provided with a
reward of Ten percent of the amount confiscated (seized) from the
accused, and such a reward shall be made in the legal currency note or
coin.
Number 22. The word 'Government' mentioned in this Chapter also includes others
which are recognized by the Government of Nepal.
Number 23. In relation to the counterfeiting of a coin (or currency), a suit may be field
during the life of the offender, and in the other offences, it has to be filed
within Three months from the date of the cause of action.
Number 24. While imprisoning a person for any matter set forth in this Chapter, the
person shall not be so imprisoned for a term exceeding Twelve years.
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Chapter-7
On Quadruped
Number 1. No person shall, with intention to kill, kill, cause another person to kill,
attempt to kill, a cow or ox or take a cow or ox to a foreign country or take
and sell it in such country, with such intention. No person shall also kill
and cause damage to any such quadruped animal and bird, as well, other
than that mentioned above, as may be prohibited by law and as to which
such person has no entitlement.
Number 2. Where a cow or ox happens to die as a result of a sudden strike or otherwise
when any action is taken for rescue/welfare or when some other thing is
done without intention to kill it, it shall be deemed an accidental death.
For the purpose of relieving pain on the body and, for welfare, a wound or
brand may be made on the body or blood may be extracted from some
organ.
Number 3.414 -------
Number 4. Where a person sees another person being ready, by taking up a weapon or
otherwise, to intentionally kill a cow or ox, the person shall prohibit that
other person from killing the cow or ox. Where that other person, rejecting
such instruction, uses the weapon also against the person who so prohibits,
and the person who strikes, cuts and kills that other person shall not be
deemed to commit offense and be liable to punishment. In cases other than
that mentioned above, any person shall not kill but shall arrest and hand
over such other person to the office.
Number 5. Where any person hits a cow or ox with a weapon, heavy stick or stone, and as
a result of that pain or suffering, the cow or ox cannot move, becomes
confined to its shed and dies within Twenty One days, the cow or ox shall
be deemed to have died as a result of the wound or pain caused by that
person. Where such cow or ox dies after the period of Twenty One days or
414 Repealed by the Animal Slaughtering and Meat Inspection Act, 2055.
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dies of another illness or disease after it has started making movement,
that person who has so hit it shall be liable to punishment only for the
wound caused by him/her.
Number 6. Except the four-footed animals which are restricted to kill, no one shall
kill or injure (Khuni) any other pet animal even such an animal causes loss
to one's crops. One shall hand over such an animal to the police office, and
the owner of crops shall be entitled to recover the loss (amount in
question) from the owner of the animal. A person shall not get
compensation for a loss of crops if he or she causes injury to the animal. If
any animal, except a cow or ox, is injured, one shall not be liable to
punishment. If a person kills such an animal, the person shall pay
compensation to the owner of the animal and shall also be liable to
punishment.
Number 7. If it seems that a pet animal may cause loss or damage because it is
excited or has gone mad or for any other reason, any damage or risk
(Jokhimi) that may be caused by such an animal shall be saved at any cost,
and such an animal shall be kept safely from causing any loss to some
other person. When the owner of such an animal keeps the animal safely,
but some person dies due to strike, bite or any other act by such an
animal, the owner of such an animal shall be dealt with pursuant to the Act
(law) regarding Bhabitabaya ( accidental homicide). he animal which
kills a person shall be confiscated and shall be cut and its meat shall be
auctioned if people eat the meat of such an animal and if such meat is not
eaten by the people, the body of such an animal shall be buried. The cow,
ox or other animal which is restricted to be killed, shall be put (kept) in the
nearest government cattle house (Goth), stable (Tabela), elephant shed
(Hattisar) in such a way that it cannot cause any loss or damage, and
information thereof shall be given to the concerned office accordingly. If
any animal kills any of the family members of the owner or caretaker of
such animal, it shall not be considered to be an offence. Such an animal
shall be confiscated (Jafat) as mentioned above. In cases where such an
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animal kills any animal of another person, other than a human being, the
loss shall be recovered and penalty shall also be imposed as referred to in
the Act. In cases where an animal such as an elephant or horse etc. which
is being used as a means of transportation causes any loss or damage, it
shall be dealt with in accordance with the concerned law.
Number 8. No one shall export, carry or sell the branded bull (Sandhe) or old cow or
bullock or barren cow (Baila) in a foreign country. If some one sells, the
amount involved in the sale shall be confiscated and such a person shall
also be fined at the rate of One Hundred Rupees for each animal. In cases
where a person is arrested in the course of transportation, before reaching
a foreign country, he or she shall be fined at the rate of Fifty Rupees per
animal.
Number 9. No person shall sell or purchase a bullock (Basha) or branded bull
(Sandhe). If any person so sells or purchases, the amount received from
the seller shall be confiscated, and that person shall also be liable to
punishment. If the purchaser purchases a bullock (Basha) or branded ox
(Sandhe) without knowing about the branded mark, such a person shall not
be liable to punishment. In such a case the buyer shall be entitled to
receive (get back) the purchased amount from the seller, and the seller
shall also be liable to punishment.
Number 10. Any person who transports a cow, branded bull (Sandhe) or bullock
(Basha) from the territory of Nepal to a foreign country, and kills or
causes other person to kill such an animal, he or she shall be liable to the
punishment of imprisonment for a term not exceeding Six years.
Number 11. If a person knowingly kills a cow or bullock, the person shall be liable to
imprisonment for a term of Twelve years, and a person who instigates
(gives word) for the same shall be imprisoned for a term of Six years. A
person who kills a yak (Chauri) shall be liable to a fine of Forty Rupees
for each yak.
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Number 12. If a person administers poison to a cow or bullock with intention to kill it,
the offender shall, despite that such an animal does not die, be liable to the
punishment of imprisonment for a term of Six years; a person who
instigates (give word) to administer such poisoning shall be liable for the
punishment of imprisonment for a term of Three years; and a person who
makes attempt for the same shall be liable to the punishment of
imprisonment for a term of Two years.
Number 13. If a person holds or fastens (Bandhchhadh) a cow or bullock with
intention to cause to kill it with the hand of other person, such an offender
shall be liable to the punishment of imprisonment for a term of Six years.
Number 14. Any person who causes a grievous hurt (Angabhanga) to a cow or bullock
shall be liable to the punishment of imprisonment for a term of Two years;
and any person who causes wound or bloodshed (Ragatpachhe) to such an
animal shall be liable to a fine of up to Two Hundred Rupees. Any person
who causes grievous hurt or wound or bloodshed to a yak shall be liable
to a fine of up to Twenty Rupees.
Number 15. Any person who strikes (hits) a cow or bullock, that belongs to another
person and such an animal dies accidentally (Bhabitabaya), the cost of
such an animal shall be recovered, and a fine equal to the cost of such a
cow or bullock shall be imposed on such person.
Number 16.415 ………………
Number 17. If a stray (Chhada) animal or an animal under the care of a herd (Gothala)
causes a serious injury to a person or another animal due to the negligence
on the part of the herd, the owner of animal in the case of a stray animal,
and the herd, if he or she is sane and has crossed the age of Sixteen years,
and the owner of the animal, if the herd is below the age of Sixteen years,
shall be liable to a fine of up to Twenty Rupees.
415 Repealed by the Slaughter House and Meat Inspection Act, 2055.
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Number 18. No person shall use a bullock or branded ox or cow to plough land. If any
person ploughs with the help of such an animal, he or she shall be liable to
a fine of up to Twenty Rupees and such an animal shall be set free.
Number 19. If a suit is not filed within Six months in the case of killing of a cow
(Gobadh) and within Thirty Five days on the matter of other offences,
after the date of the cause of action, the suit shall not be entertained.
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Chapter-8
Illegal Detention
Number 1. In cases where a person has to be arrested and detained under the Act, the
person shall be given food and water to eat and drink or the victuals
(Sidha) as referred to in the Act. If, a person is detained otherwise or
against the provisions of the Act with or without providing food and
beverages, it shall be considered to be an offence.
Number 2. If a serious patient or a minor below the age of Twelve years or a person
above the age of Sixty years dies in the detention where he or she was
detained for Three days and nights without providing food or drinking
water and if a person, except as otherwise mentioned above, dies due to
the detention, when he or she was detained for more than Seven days, the
person who detains him or her shall be considered a murderer. The
punishment for the same shall be as referred to in the Chapter on
Homicide. In cases where the detainee was supplied food and drinking
water in the detention or the detainee himself or herself has rejected to eat
food or drink water and dies, such an act shall not be considered to be an
offence.
Number 3. A person who detains a person, without supplying food or drinking water
to him or her and the detainee dies in the detention shall be liable to a fine
of Five Rupees for a day and night, to Fifteen Rupees for Two days, Thirty
Rupees for Three days, Sixty Rupees for Four days, One Hundred and
Twenty Rupees for Five days, Two Hundred and Forty Rupees for Six
days, Four Hundred and Eighty Rupees for Seven days, Nine Hundred and
Sixty Rupees for Eight days, One Thousand Nine Hundred and Twenty
Rupees for Nine days, Three Thousand Rupees for Ten days, and from the
Eleventh day, Three Hundred Rupees shall be added and it shall be at the
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rate of Six Thousand and Three Hundred Rupees for upto Twenty One
days; and such a person shall be imprisoned upto the equal days that the
victim was detained illegally. In cases where a person is illegally detained
with fetter, leather strip or sackles (Nel, Chamot or Thigunra), one fourth
of such a punishment shall be added to the punishment; and if the illegal
detention is made with handcuffing or Galfandi, half of such punishment
shall be added to the punishment. In cases where any person detains a
minor or a male detains a female as mentioned above, punishment for such
act shall be two-fold of the punishment as mentioned above.
Number 4. Except in cases where a person may be detained pursuant to the Act, if a
person detains another person upon supplying food and drinking water,
the person shall be liable to a fine at the rate of One Hundred Fifty Rupees
per month according to the number days that the victim has been detained;
the rate of fine in a case where a person has been illegally detained with
fetter, leather strip or sackles (Nel, Chamot or Thigunra) shall be Three
Hundred Rupees and the rate of fine in a case where a person has been
illegally detained with handcuffing or Galfandi shall be four Hundred and
Fifty Rupees and such an offender shall be imprisoned equal to the days
that the victim has been detained. In cases where a male has detained a
woman or any person detains a minor or government employee, the
punishment for such a case shall double the punishment mentioned above.
Number 5. If a government employee detains a person in the course of a suit in
accordance with the provisions of the Act in good faith, and in the course
of proceedings it appears that it was not appropriate to detain the person,
in such a case such a government employee shall not be a punished.
Number 6. The fine recovered from the person who has illegally detained another
shall be provided to the detainee at the rate of one third of the fine if one
has been detained upon supplying food and drinking water and half of
such an amount if the detainee has been detained without supplying food
and drinking water.
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Number 7. In the matter of illegal detention, if a suit is not filed within Thirty Five
days from the date of release from detention, the suit shall not be
entertained.
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Chapter 8A416
Kidnapping/Abduction and Hostage Taking
Number 1. No person shall compel another person to go to any place by using force
or threatening to use force or showing fear or threat or overpowering
(Jorjulum) or showing weapons or by using deceitful means or by using
intoxicating or stimulant/psychotropic substance or by seizing or
controlling any means of transportation by any means or take a person to
any place without his or her consent, or in the case of a minor or a
mentally unsound person, without the consent of his or her father or
mother or guardian for the benefit of the minor or unsound person. If any
person does such an act, the person shall be deemed to have committed the
offence of kidnapping.
Number 2. Except in cases where a mentally unsound person is detained in good
faith, and in the interest of such person, with the consent of his or her
father or mother or guardian, no person shall detain another person, by
using force or threatening to use force or showing fear and threat, or by
overpowering (Jorjulum) or by any deceitful means (Chhal, Kapat,
Jhukkyan) or by using intoxicating or stimulant substance, or by seizing or
illegally controlling any means of transportation or any place. If any
person does such an act, the person shall be deemed to have committed the
offence of taking hostage.
Number 3. If a person kidnaps/abducts or takes hostage of another person, as referred
to in Number 1 or Number 2 of this Chapter, with intention to kill
somebody else, to cause hurt by battering, to rape or to have unnatural
sexual intercourse, to sell, to enslave a person, to deploy somebody in
work forcefully, to cause torture, to engage into prostitution, to compel to
work or cause to work, to get ransom or to receive the property of the
abducted person or his or her successor (Hakwala), to cause to hand over
(Samarpan) business or to cause to commit an offence punishable by the
416 Inserted by the Twelfth Amendment
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prevailing laws, the person who commits, or causes to be committed, such
an act, shall be liable to the punishment of imprisonment for a term
ranging from Seven years to Fifteen years and a fine from Fifty Thousand
Rupees to Two Hundred Thousand Rupees; and the person, who
kidnaps/abducts or takes hostage for any purpose or intention other than
those mentioned above, shall be punished with imprisonment for a term
ranging from Four years to Eight years and also a fine from Twenty Five
Thousand to One Hundred Thousand Rupees.
Number 4. A person, who abets, instigates or orders to commit the offense as referred
to in this Chapter or gives consent to commit the offence prior to the
commission of such an offence shall be punished as if he or she had
committed the offence himself or herself.
Number 5. In cases where a person has attempted to commit the offence as referred to
in this Chapter but has not completed the commission, the person shall be
punished with half the punishment for such an offence.
Number 6. A person who threats another person to kidnap that other person if he or
she does not provide the ransom as demanded shall be punished with the
same punishment as is imposable on a person who makes attempt to
commit the offence.
Number 7. In cases where two or more persons kidnap/abduct another person or take
hostage in a collective or organized manner, all the persons involved in
such an act shall be liable to the punishment of imprisonment for a term of
Two years, in addition to the punishment referred to in this Chapter.
Number 8. In cases where a person kidnaps/abducts another person or takes hostage
and commits an offence against him or her upon violating the prevailing
laws, the person shall also be liable to the punishment under such
prevailing laws, in addition to the punishment referred to in this Chapter.
Number 9. In cases where the offence as mentioned in Number 1, 2, or 3 of this
Chapter is committed against a woman or a minor, the person involved in
such offence shall be liable to the punishment of imprisonment for a term
of Two years, in addition to the punishment mentioned in this Chapter.
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Number 10. In cases where the offender who commits the offence as referred to in this
Chapter surrenders himself or herself before the security personnel in the
course of the commission of offence and assists in the investigation,
punishment may be reduced in the case of such offender upon considering
the circumstance.
Number 11. In cases where a person takes another person outside the territory of Nepal
and kidnaps/abducts him or her or takes hostage, as mentioned in this
Chapter or kidnaps/ abducts or takes hostage any citizen of Nepal outside
the territory of Nepal, as mentioned in this Chapter, of causes the
commission of such act, the person shall be deemed to have committed the
offence within the territory of Nepal and shall be punished pursuant to this
Chapter.
Number 12. If it is proved that any person has committed, or caused the commission
of, the offence, pursuant to Number 1, 2 or 3 of this Chapter, the case
trying office shall also order the payment of compensation by the offender
to the victim at the rate of not less than Five Hundred Rupees per day from
the day of the commission of the offence, upon considering the physical
and mental damage (loss) caused to the victim of such an offence. In the
case of death of the victim, the nearest successor (Haqdar) shall be
entitled to such compensation. In cases where the kidnapper/abductor or
hostage taker is found to have taken a ransom or any other benefit, such a
ransom or benefit shall be returned to the person concerned, and the
offender shall be liable to a fine of up to the amount of such a ransom or
benefit, in addition to the punishment as referred to in this Chapter.
Number 13. There shall be no limitation to file a suit on the offence of murder upon
kidnapping/abduction or hostage taking. Except as otherwise mentioned
above, if a suit is not filed within Six months from the date of the
commission of kidnapping/abduction or hostage taking or from the date of
release from kidnapping/abduction or hostage taking, the suit shall not be
entertained.
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Chapter-9
Hurt/Battery
Number 1. If a person causes bloodshed (Ragatpachhe), wound, injury, grievous hurt
(Angabhanga) or causes any pain or harm to the body of another person,
the person shall be deemed to have committed the offence of hurt/battery.
Number 2. If the following occurs in the course of hurt/battery, it shall be considered
to be a grievous hurt:
Loss of eyesight or blind........................1
Deprivation of smelling capacity of the nose.....................1
Making deaf upon damaging the hearing capacity of the ear..............1
Damage to the speaking capacity of the tongue......................1
Making useless upon cutting the breast of a woman........................1
Making impotent upon destroying the capacity of the male organ and
testicle (Nal fal)......................1
Making useless the backbone (Vertebra/Spine) hands, legs or joints of
such organs upon causing destruction, fracture or dislocation......1
Number 3. Even in the absence of malice (Ibi adawat) or intention of causing hurt, if
a person suffers grievous hurt or wound or any other hurt in the course of
doing any other act, or if a person is seriously engaged in his or her work
and there is no opportunity to save if some other person in the meantime
comes in the way and suffers a grievous hurt, wound or other injury, it
shall be considered to be an Bhabitabaya (accidental injury); and in such a
situation, it shall be dealt with in accordance with the following
provisions:
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Where despite that the work was being done carefully and cautiously, it
caused a serious injury, the victim shall receive a compensation for
domestic use and treatment (Gharkharcha) of One Thousand Rupees417
for each serious injury and the offender shall be liable to a fine of One
Hundred Rupees418 accordingly. Except in such a case, if the victim
suffers other type of injury or bruise (Neeldam),the offender shall pay Two
Hundred Fifty Rupees419 as a compensation for treatment and shall also be
liable to a fine of up to Fifty Rupees420 taking into consideration of the
nature of the injury (Ghau Chot)...................................1
Where the work was being done negligently or recklessly and a person
suffers a serious injury due to such a work, the victim shall receive a
compensation for treatment in a sum of Two Thousand Rupees421 for each
grievous hurt from the offender, and the offender shall also be liable to a
fine of Fifty Rupees422 accordingly. Except in such a situation, if the
victim suffers other type of injury or bruise, the offender shall pay Five
Hundred Rupees423 as a compensation for treatment and shall also be
liable to a fine of up to Two Hundred and Fifty Rupees,424 taking into
consideration of the nature of the injury....................2
Number 4. In cases where there is no malice (Ibi adawat) or greed (Lalach) or where
the injury was not clandestinely caused, and where a person is trying to
use a weapon or cause injury or has inflicted injury, in the course of any
dispute (Jhagada) but without his or her fault, causes injury to save him or
herself from some one else, in such situation, and where a person is
stealing property of other or committing any other crime and the person
tries to take the offender into control and the offender uses a weapon or
417 Amended by the Ninth Amendment.
418 Amended by the Ninth Amendment.
419 Amended by the Ninth Amendment.
420 Amended by the Ninth Amendment.
421 Amended by the Ninth Amendment.
422 Amended by the Ninth Amendment.
423 Amended by the Ninth Amendment.
424 Amended by the Ninth Amendment.
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where it is impossible to control him or her without causing injury and the
offender suffers grievous or any other type of injury, and if a person, who
has a duty to protect or give education to somebody else, causes injury to
the victim upon using a reasonable minimum amount of force, the act of
causing injury shall not be deemed to be the offence of hurt in all these
situations.
Number 5. In cases where a person causes grievous hurt or other type of injury by
using a weapon at the outset or doing any other act, upon knowing the
result that if a weapon is used or another act is done, it may cause, or there
is a possibility of, a grievous hurt or injury or pain out of it, or to do any
act to take a revenge (Ibi Saghaun), or to get some thing out of greed
(Lalach), or causes injury clandestinely, such a person shall be liable to
the punishment as referred to in different Numbers of this Chapter.
Number 6. In cases where a person commits a grievous hurt resulting in blindness or
impotence, the offender shall be liable to the punishment of a fine of Ten
Thousand Rupees425 and imprisonment for a term of Eight years for one of
these two offences. If a person who commits a grievous hurt, other than
those two hurts, the person (offender) shall be liable to the punishment of
a fine of Five Thousand Rupees426 and imprisonment for a term of Eight
years for any other grievous hurt. In cases where a person makes useless
any one organ of the body where there are more than one organs of the
similar type, the person (offender) shall be liable to half the punishment
mentioned above. If such an organ can be cured and function as usual, the
offender shall be imprisoned only for Two years. The amount collected
from the offender, if so collected, and upon causing auction (Lilam) of the
property from the share of the offender, if the fine is not paid, shall be
recovered to the victim fully as a compensation for treatment. In cases
425 Amended by the Ninth Amendment.
426 Amended by the Ninth Amendment.
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where the amount of fine cannot be recovered, the offender shall be
imprisoned at the rate of Twenty Five Rupees for a day427.
Number 7. Except in the case of grievous hurt, any person who causes fractures or
dislocation or breaks (Phorne, Chhinalne, Fukalne) shall be liable to the
punishment of a fine of Two Thousand Rupees428 and imprisonment for a
term of Six months, where a part of body can be cured and function as
good as it used to do earlier, and to a fine of Five Thousand Rupees429 and
imprisonment for a term of One year, where the injury has been cured but
the organ of body does not get fit to work as good as earlier or it cannot be
cured at all.
Number 8. Except in the case of grievous hurt, a person, who cuts or breaks
(Chhinali) by any means and which causes mark (Khat) or brand (Daam)
in the face above the throat which is regularly seen or which causes the
victim deformed (ugly) not being cure as good as it was earlier,
permanently for the life time, shall be liable to the punishment of a fine of
up to Five Thousand Rupees430 and imprisonment for a term ranging from
One year to Three years, upon considering the nature of mark (Khat), and
if there remains a mark (Khat), scar (Tato) or brand (Daam) causing the
victim deformed even the injury is cured to the fullest extent, the offender
shall be liable to a fine of up to Three Thousand Rupees431 and
imprisonment for a term of One year, taking into consideration of the
nature of mark (Khat).
Number 9. Except in the case of grievous hurt by means of sticking (Hani), poking
(Ghonchi), cutting (Kati) with the help of a minor weapon, stick (Lathi) or
stone, a person who causes any injury (Chotpatak) shall be fined at the
rate of Five Hundred Rupees432 for per inch per injury, upon measuring
427 Amended by the Ninth Amendment.
428 Amended by the Ninth Amendment.
429 Amended by the Ninth Amendment.
430 Amended by the Ninth Amendment.
431 Amended by the Ninth Amendment.
432 Amended by the Ninth Amendment.
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the depth of the wound in the case of ruptured (Ghocheko) injury and in
the case of sticking (beating/haneko) wound by measuring both length and
depth of the wound and on the basis of whichever is bigger. Where a
person causes any injury (Ghau Chot) by cutting, striking (Hani) or
poking (Ghochi) with a weapon like gun, Khukuri, Sword¸ arrow Khundh,
Chapsa, Vala, Katari, Khunda, axe, Gadasa or any other hazardous risky
(Jokhimi) weapon, the person shall be liable to a fine at the rate of Five
Hundred Rupees433 and imprisonment for a term of One month for per
inch of wound, but not exceeding Two years of imprisonment.
Number 10. If a person causes injury of less than one inch by striking (Hani), rupturing
(Ropi), poking (Ghochi) with a stick (Lathi), stone or weapon, the person
shall be liable to a fine of up to Five Hundred Rupees,434 upon considering
the nature of risk (Jokhimi) of the weapon and the wound.
Number 11. If a person causes bruise/contusion (Neel) by beating (Kutpit), the person
shall be liable to a fine of One Hundred Rupees435 per contusion (Neel),
but not exceeding One Thousand Two Hundred Rupees436 altogether.
Number 12. If a person takes off (Phukalnu) or breaks teeth of any other person, the
person shall be liable to a fine at the rate of Three Hundred Rupees 437for
per tooth.
Number 13. If a person causes bloodshed (Ragatpachhe) or tears out (Luchhne) or
peels of skin or causes reddish mark by using a nail or teeth or anything
else or by besieging or tying (Bandh Chandh), attacking (Katak) or
oppressing (Bijuli) etc., and causes pain to another person, the person shall
be liable to a fine of up to Two Hundred Rupees, upon considering the
nature of pain.
433 Amended by the Ninth Amendment.
434 Amended by the Ninth Amendment.
435 Amended by the Ninth Amendment.
436 Amended by the Ninth Amendment.
437 Amended by the Ninth Amendment.
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Number 14. If a person causes pain to the body of another person by burning (Poli),
branding (Dami), forcefully rubbing (Dali) or otherwise using fire, fire
like burning material or acid and if the victim has not suffered grievous
hurt or disformed (made ugly), the person (offender) shall be liable to a
fine of Five Hundred Rupees438 and imprisonment for a term of Two
months, and in cases where front part of body, mouth (face) or ear has not
been brunt, the offender shall be liable to a fine of One Thousand
Rupees439 and imprisonment for a term of Four months for burning the
nose or eyes, to a fine of Two Thousand Rupees440 and imprisonment for a
term of Eight months for burning the anus, to a fine of Four Thousand
Rupees and imprisonment for a term of One year and Four months for
burning the male sex organ, to a fine of Eight Thousand Rupees 441and
imprisonment for a term of Two years and Eight months for burning the
female sex organ. In cases where a person causes pain by burning (Poli),
branding (Dami), forcefully rubbing (Dali) or gently rubbing (Ghasi) with
the use of flaming or burning substance (Polne Bastu) other than those
mentioned above, the person shall be punished with half the punishment as
mentioned above. In cases where a person gives a poisonous fume
(Dhunwa) to another person or causes that other person to inhale
(Sunghaunu) any substance which results in unconsciousness, the person
shall be liable to a fine of One Thousand Rupees442 and imprisonment for
a term of Two months.
Number 15. In cases where a person causes hurt, serious hurt, bloodshed or other act of
hurt to the same person in the same incident (Wardat), the person
(offender) shall be liable only to the bigger punishment. The other
offences shall not be accumulated (Khapna) for the purpose of
punishment.
438 Amended by the Ninth Amendment.
439 Amended by the Ninth Amendment.
440 Amended by the Ninth Amendment.
441 Amended by the Ninth Amendment.
442 Amended by the Ninth Amendment.
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Number 16. If a person instigates or orders other person to cause hurt to any one else,
the person who so instigates or orders shall be liable to the punishment
which is equal to the total punishment imposed on all the persons who
abide by such an order to cause hurt.
Number 17. One may intervene to separate the persons engaged in committing the act
of hurt or battery. If a person engaged in separating uses any force (hand),
the person shall not be blamed for such use of force.
Number 18. In cases where more than one person are engaged in committing the act of
hurt or battery, the person committing the particular type and nature of
hurt shall be punished in accordance with the nature and degree of the hurt
and shall be liable to additional punishment as follows for the gang
behavior (Hul):
If an offence punishable with imprisonment pursuant to this Chapter is
committed by a gang (Hul) of up to Three persons, everyone shall be fined
at the rate of One Hundred Rupees,443 if by a gang of Four to Five persons,
Two Hundred rupees,444 if by a gang of Six to Ten persons, Three
Hundred Rupees,445 if by a gang of Eleven to Twenty persons, Four
Hundred Rupees,446 and if by a gang of more than Twenty persons, Five
Hundred Rupees447.................1
In cases where an offence punishable only with a fine pursuant to this
Chapter is committed by a gang, a fine at the rate of additional Ten
percent of the fine for any type of hurt shall be imposed to the gang of up
to Three persons; the additional fine for a gang of Four to Five persons
shall be Fifteen percent, for a gang of Six to Ten persons, Twenty percent,
for a gang of Eleven to Twenty persons, Twenty Five percent, and for a
gang of more than Twenty persons, Fifty percent………………........2
443 Amended by the Ninth Amendment.
444 Amended by the Ninth Amendment.
445 Amended by the Ninth Amendment.
446 Amended by the Ninth Amendment.
447 Amended by the Ninth Amendment.
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Number 19. In cases where a victim is unable to claim in his or her suit about who
caused what type of injury or wound for being unconscious due to the hurt
or to mention the details of injury caused by particular person could not be
proved by the witness and other evidence even though it was mentioned in
the suit, the punishment shall be divided between all the offenders in equal
amount (pro rata) upon accumulating in a case the hurt was caused by a
gang of more than one person or have caused more than one injuries at the
time of imposing additional punishment pursuant to Numbers 15 and 18 of
this Chapter.
Number 20. In cases where a person suffers contusion/bruise (Neel), wound or injury
as a result of any type of hurt, the victim shall appear before the nearest
Police Office or Village Development Committee or Municipality448 or the
case trying office for the examination of hurt before it is cured. Where a
victim of hurt appears for the examination of contusion/bruise (Neel) or
wound, the victim shall be sent to the nearest hospital or government
dispensary for examination thereof, and a report thereof shall be prepared
accordingly, and in the absence of a hospital or government dispensary,
the examination shall be conducted in front of the relatives and successors
of both parties, if available, and at least four public from the
neighbourhood (Sarjamin), and a deed of examination shall be prepared
upon mentioning the details of the hurt. In cases where the Village
Development Committee or Municipality449 has conducted an examination
thereof and if it is beyond its jurisdiction, the deed shall be forwarded to
the case trying office.
Number 21. In the course of examination of the wound (Ghau), the details of the
incident such as day, time, reasons, and persons involved shall be
mentioned in the statement to be prepared by the office in a case the police
has arrested the person involved in the incident before conducting of such
examination, and in a case where the person has arrested by the police but
448 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
449 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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the victim has appeared before the office or his or her representatives have
brought him or her before the office, an application (report) regarding the
details of the incident shall be collected from the victim in cases where he
or she is conscious or his or her statements recorded by the office and shall
be caused to put signature or thumb impressions, and the process of
examination of hurt shall be proceeded; and in cases where the victim is
not conscious, an application shall be collected from the person who has
brought him or her before the office and the statement of the unconscious
victim shall also be recorded when he or she recovers from
unconsciousness and all the documents such as the application, deed of a
statement and deed of examination of hurt shall be recorded in the case
file.
Number 22. In cases where any person, in a suit filed on the case of hurt, knowingly
conceals the measurement or type (nature) of the wound (Ghau) inflicted
(caused) in the body or increases or decreases the number of wounds in
the deed of examination of the hurt (Ghau), such a person shall be liable to
a fine of up to Two Hundred Rupees,450 upon considering the fact that to
what extent such concealment may have affected the punishment.
Number 23. If a person who appears before an office for the examination of hurt, with
a fake wound, mark or contusion/bruise or brand (Dam), the person shall
be liable to a fine of One Hundred Rupees451 if it is so proved (confessed).
Number 24. If a person hurts or uses weapons forcefully in a gang with an intention to
create obstacle or otherwise to a government employee who is engaged in
any government duty pursuant to law or trying to arrest someone in the
office or under deputation (Dor) or abiding by the order (Urdi) or serving
any notice (Purji), the person shall be liable to the punishment of
imprisonment for a term not exceeding Six months, according to the
gravity of the offence (Chuk) in addition to the punishment as referred to
in the Act. In cases where a person does not use his or her hand but
450 Amended by the Ninth Amendment.
451 Amended by the Ninth Amendment.
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commits an offence of using force in a gang (Hul Huzzat), the additional
punishment for such persons shall be a fine of up to Two Hundred and
Fifty Rupees.452
Number 25. The victim of the offence of hurt shall be awarded compensation for
treatment, as mentioned in Numbers 3 and 6 of this Chapter as referred to
in those Numbers, and in other offences, an amount of half the fine in a
case of hurt as mentioned in Numbers 7 and 8 of this Chapter, and One
third of the amount of the fine in the other cases.
Number 26. In the course of imposing punishment in relation to the offences
mentioned in this Chapter, there shall not be imposed the punishment of
imprisonment for a term exceeding Three years in the case of hurt
(Kutpit), exceeding Six years in the case of hurt committed with the help
of weapons or fire and exceeding Ten years in the case of grievous hurt.
Number 27. In the course of filing a suit in any offence referred to in this Chapter, if a
suit is not filed within Three months from the date of the cause of action,
if the case is related to grievous hurt, and within Thirty Five days in the
case of other hurts, the suit shall not be entertained.
452 Amended by the Ninth Amendment.
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Chapter- 10
On Homicide
Number 1. Except as otherwise provided in law, no one shall take the life (kill), cause
to take the life, or attempt to take the life of, a person.
Number 2. In a case of the death of a person, either from suicide or an act of any other
person, the heir to the deceased or another person including one who has
seen or heard about the incident shall inform it to the Jimidar, Talukdar or
a member of the concerned Village Development Committee or the
Municipality453 and the police office; and if the Jimdar, Talukdar and the
member of the Village Development Committee or Municipality454
receives such information or comes to know it from any other
sources/means, they shall do the following:
The Jimdar, Talukdar or member of the Village Development Committee
or Municipality455 shall, as soon as possible, give such information or
message they received to the Village Development Committee or
Municipality456 and in cases the police do not come to the scene of crime,
the Village Development Committee or Municipality457 shall prepare a
deed of external examination of corpse (Lash Janch Muchulka) in front of
the Jimdar, Talukdar as referred to in Number 3 of this Chapter and shall
also make arrangement to keep the corpse safe.............1
If it seems that the death was caused by an act of another person
(homicide), the Village Development Committee or Municipality458 and
Jimdar or Talukdar shall try to find out the offender (involved in
homicide) and hand him or her over to the police if he or she is so
caught...............................2
453 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
454 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
455 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
456 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
457 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
458 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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The Village Development Committee or Municipality459 shall hand over
the deed of external examination of corpse prepared pursuant to Section 1
to the police whenever they reach the scene of crime; and the police also
shall proceed, or cause to proceed, for the external examination of corpse,
deed of public inquiry (Sarjamin) and inquiry/investigation
(Tahakikat)...............3
In the course of examination of the corpse, if a dispensary or hospital is
located nearby, the corpse shall be caused to be examined by the doctor of
the hospital so far as the hospital is available thereby and by the in-charge
of the dispensary if a hospital is not so available there..............................4
Number 3. In cases where a complaint has been filed or there is a doubt on suicidal or
homicidal (Kartabaya) death, in the course of preparing the deed of
external examination of the corpse or a spot examination, when the
investigating official reaches the scene of crime, at the outset they shall
stand or sit down in a minor distance from the place where the corpse is
laying and watch/see the finger prints, foot prints or any other types of
signs or any specific signs of draggle in the scene of crime on the land
(surface) or any sign of dragging from one to another place and any other
object which could be a real evidence (Dashi Praman) seen or found; the
investigating official shall clearly mention all such details and also
manage to protect the real evidence, sign or symbol in an as it is condition
so far as practicable until the final examination is completed and the letter
of permission for obsequies is issued. Similarly, the investigating official
shall also prepare a deed of external examination of corpse upon seriously
and sincerely watching the condition of the corpse, condition of the land
(surface/area) where the body is laying and mentioning the four sides of
the scene of crime, and shall also prepare a drawing of the scene of crime
so far as it is practicable and mention the details as referred to hereunder
in that deed:
459 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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If the cause of death seems to be an outcome of wounds, hurts, bruise
(Neeldam), the deed of external examination of corpse shall be made,
upon mentioning the location, length, width, depth number and nature of
wounds, hurt, fracture, bruise, swelling, dislocation, broken and abrasion,
lacerated, incised one...................1
If the condition of the death seems to be by hanging, the corpse shall be
examined as mentioned hereunder and the rope used for hanging shall be
brought or sent to the office....................2
Whether the lips are brown or not, and the eyeballs are bigger or
not.................................1
Whether the eyes have partially or fully come out or not...................2
Whether the tongue has come out or not and whether the tongue is being
pressed by the lips or not....................................3
Whether any blood, saliva, fluid, faeces or semen has come out from the
mouth, nose, anus or genital (sex organ) or not........................4
Whether the ligature mark on the throat is towards the hanging side or not,
whether the ligature mark is round or piper-betel (Nagbeli) or not, whether
the mark is brownish and skin over the mark is little bit hard or
not.......................5
Whether the fist is closed or not or whether the hand has catched
something or the leg has touched the land or not....................6
If the condition of a body found into the well, pond, river or canal it shall
be examined as follows..............................3
While taking the body out of the water, whether the skin of the hand is
wrinkled or not and there is water into the belly (stomach) or
not........................1
Whether there are stains of blood or not around the vicinity and side of the
well or pond where from the body was recovered and on the mouth of the
body.....................2
Whether there is any wound or blood stain on the head, neck or other parts
of the body or not.........................3
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It has to be mentioned correctly and accurately, whether the fist is open or
not, whether anything was held into the fist or whether the skin of the face
and body is soft or coarse (rough) or not........................4
To examine whether there is water into the stomach or not, one may use
the representative of the deceased if available on the spot or any other
person if such a representative is not available, and put the face of the
body downward and press into the back of the body to the surface of the
land and find out whether the water comes out from the mouth body or
not.......................5
Whether the male sex organ is shrinked and smaller or not..... 6
Whether there is any abrasion in skin or not...................7
Whether there are soil particles into the female sex organ or
not..........................................8
In a case of snake biting, it shall be examined as mentioned
hereunder.........................4
Whether the spot of bite is swelling or not, and whether the hair on the
head can be off rooted while pulling or not.........1
Whether there was big pain in and around the biting area or not, whether
the foam (scum, froth) was coming from the mouth or not, finger and
eyebrows were shrinking or not and there was difficulty to open them or
not, whether the face was turned into yellowish and bluish colour or not,
and whether the blood was turned into bluish colour, thinner and quickly
frozen or not..........................2
Whether there was any difficulty with talking or not, whether there was
any problem in walking due to intoxication or not.................3
In a case of poisoning, investigation shall be made as mentioned
hereunder....................................5
Whether the eyeball was shrinked and smaller before the death and larger
in size after the death or not, whether the deceased person before his or her
death got unconsciousness or not and felt sleepy or not, whether there was
excessive sweating or felt dry mouth or not............................1
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Whether, before the death, the deceased felt any excitement, dry throat and
mouth or not and the face turned into reddish or not, whether felt sleepy or
not, whether the eyes were seen puzzled or not and expansion of eyeball
was seen or not, whether frequently get into unconscious or not, and
whether his or her voice was stammering or not......................2
Whether there was any of the symptoms such as diarrhea, vomiting, and
burn into the stomach, excessively thirsty, swelling into the face, fast beat
of the nerves, total weakness and unconscious before the death or
not………….........3
Whether the whole body felt cold, burn into the mouth and throat while
eating and weakness in the calf of the leg types of symptoms were there
at the time of death or not.............4
Number 4. After the completion of the examination of the body of a person died due
to suicide or homicide, pursuant to the prevailing law, the investigating
police personnel involved in the process and the government attorney if
available over there, shall sign a letter and issue it for the cremation of the
body. The body shall not be cremated or thrown away or decayed without
obtaining such a letter. One who does not so issue a letter to permit
cremation of body or one who cremates the body without receiving the
letter permitting for cremation shall be liable to a fine of Ten Rupees. In
cases where a person cremates, or causes to be cremated, the body for the
purpose of concealing of the fact, prior to the examination of the body,
such a person shall be liable to the punishment of imprisonment for a term
of Six months, in addition to the punishment to be imposed, pursuant to
the other laws.
Number 5. If a person, does or takes any act or action without any malice or intention
to commit a murder, and considering that his or her act or action would
not result in the death of a person but someone dies as a consequence of
such an act or action, it shall be deemed to be accidental homicide
(Bhabitabya).
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Number 6. In the case of accidental homicide, punishment shall be imposed as
follows:
In cases where a weapon was taken carefully to use it for a specific act but
it happens to cause the death of someone in such an accidental way, one
shall be liable to a fine of up to Three Hundred Rupees.........................1
In cases where accidental homicide occurs due to negligence or
recklessness while performing any other act, one shall be liable to a fine of
up to Five Hundred Rupees or imprisonment for a term not exceeding Two
years or with both.................2
In cases where a person engaged in taking care of or educating another
person beats that other person or does any other act for the benefit of the
deceased and an accidental homicide occurs as a result of such act, the
person shall be liable to a fine of up to Fifty Rupees.......................3
In cases where a person, other than a person engaged in taking care of or
educating another person, beats another person and an accidental homicide
occurs as a result of such act, the person shall be liable to the punishment
of a fine of up to Five Hundred Rupees or imprisonment for a term not
exceeding Two years or both................................4
In cases where an accidental homicide occurs as a result of any act other
than that mentioned above, one shall be liable to a fine of up to Two
Hundred Rupees.........................5
Number 7. In cases where a person dies in any of the following circumstances, one
shall not be deemed to be a murderer:
In cases where a person is going to use excessive force (Jorjulum) with or
without taking a weapon, and it is not possible to catch him or her or to
make an appeal to anyone to rescue oneself or it is not possible to get the
help even making such an appeal or it is not possible to get rid of such a
person and rescue one's life, and in such a situation if he or she does not
do anything it is sure that his or her life may not be saved, and if such a
person in the meantime does anything to save his or her life and the
preparator (Julumi) dies out of such an act.............................1
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Except in the case of a theft of food, vegetables or fruits from the field or
garden, if someone is lurking (sneaking) to steal or engaging in theft by
entering into a building through a regular or irregular way or someone is
entering into (a place) by digging a tunnel (Sen) to steal and sufficient help
is not available to catch the thief or robber while making full effort for it,
and it is not possible to save the property, and in such a case the owner of
the property takes an action in the meantime and the preparator dies in the
course of such an action.................2
Where a person providing security to the government treasury or
documents or prisoners or detainees in the government office, custody
house or a jail (prison) is performing his or her duty and someone with
intention to obstruct or damage or steal or flee or cause to flee, attacks or
forces or compels to do anything against the order (Urdi) with or without
using any weapon to the security person, and in such a case, if the security
person reacts in the meantime to save his or her life or government
property in his or her custody and such preparator dies as a result of that
action..................3
Number 8. Except in cases where there occurs an accidental homicide as referred to in
Number 5 of this Chapter, if a person hurts another person, thereby
causing fracture or breaking of any part of the body, and such a victim
dies as a consequence of hurt before it is cured anytime later, such a
perpetrator shall be considered to be a murderer.
Number 9. Except in cases where one hurts or batters another person to cause fracture
or breaking of any part of the body with intention to kill that other person,
if a person commits an act to kill another person and the victim does not
die at that time but suffers from the same hurt or injury and dies within
Twenty One days or that other person dies within Three days in the case
where other act or excessive force has been done or used or within Seven
days in the case where poison has been administered to that other person,
the perpetrator shall be considered to be a murderer.
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Number 10. Except in cases where accidental homicide is proved as referred to in
Number 5 of this Chapter, if any person hits/beats in the sensitive part of
body (Sandhi or Kuthaun) by his or her hand and the victim dies, suffering
from the same pain within Seven days or, in the case of using excessive
force, dies within Five days upon suffering from the same pain of the
incident or where a person hurts another person by any other ways or
means and the victim dies within Twenty One days of suffering from
infection of the wound or without recovering from it, such act shall be
deemed to be murder. If someone dies after such dates, it shall be dealt
with as referred to in the Chapter on Hurt/Battery.
Number 11. In cases where a person is suffering from any hurt inflicted by any other
person or suffering from any disease or is unable to move around or work
due to any other reasons and where somebody else causes hurt or commits
any other act to that person and such a person dies within Twenty One
days, the death shall be considered to have been caused by the person who
has caused pain subsequently. In such a situation, the person who caused
hurt earlier with the intention of murder shall be dealt with as referred to
in Number 15 of this Chapter, and if it was caused without an intention to
cause death of the victim, it shall be dealt with as referred to in the
Chapter on Hurt/Battery.
Number 12. Where a person, who has been suffering from any hurt caused by any
other person begins to move around and becomes capable of perform his
or her regular work, dies due to a disease or hurt inflected by another
person within the dates (as referred to in the Numbers hereinabove), it
shall not be considered that the death was caused by the person who
caused hurt or pain earlier. In cases where the hurt was caused with an
intention to kill such person, it shall be dealt with pursuant to Number 15
of this Chapter, and in the absence of such intention, it shall be dealt with
as referred to in the Chapter on Hurt/Battery.
Number 13. Except in cases where an act does not amount to murder as referred to in
the other Numbers of this Chapter, if a person commits any act resulting in
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the death of another person and the victim dies immediately or within the
date (so prescribed), the person causing such death or the principal
instigator or the person who catches or holds or directly uses his or her
hand against the victim with an intention to get that person to be killed by
any other person in the scene of crime, such a person shall be punished as
mentioned hereunder. A person who directly uses his or her hands with an
intention to separate the person from the dispute or who in fact separates
somebody from dispute shall not be liable to any punishment:
In cases where a person kills another person by hitting, stabbing or poking
(Hani, Ropi, Ghochi) with a dangerous weapon with or without the edge,
all the persons who have used the weapon shall be considered murderers.
Everyone (in such a case) shall be liable to the punishment of
imprisonment for life, along with confiscation of the entire
property..................1
In cases where a person administers poison to another person and kills that
other person, the person shall be a murderer; such a person shall be liable
to the punishment of imprisonment for life, along with confiscation of the
entire property. A person who causes other to administer poison to another
person shall be liable to the punishment of imprisonment for
life................2
In cases where a person kills another person by hitting, beating, stabbing,
or poking by using a stone or other minor weapon or by means of any act
which results in the death, if such an act has been committed by a person,
such person, and, if it is proved by the evidence that the person was killed
or died due to the hurt inflicted by any particular person in a case where a
group of people were involved in the commission, such person shall be
considered to be the principal murderer. Such a person shall be liable to
the punishment of imprisonment for life, along with confiscation of the
entire property. Any person other than those mentioned above and where it
cannot be proved by the evidence that the victim was killed by a particular
person or where the person who has used the weapon to hurt the victim
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cannot be identified, all of them involved in the commission of crime shall
be liable to the punishment of imprisonment for life..............3
A person who instigates other to kill anybody else by any means or a
person who uses his or her hand and catches the victim and creates
conducive environment (Sanjog) to other person to kill somebody else in a
scene of crime shall be liable to the punishment of imprisonment for
life......................4
Number 13A. ..................460
Number 14. In cases where a person uses a stick, stone, kick or fist against another
person, without intention to kill that other person or without having any
malice (Ibi) or without hiding in a secret place (clandestinely), and with an
immediate provocation, but without using any serious/hazardous weapons
or poison, and the victim dies within the date due to the hurt or pain
inflicted out of it, such a person shall be liable to the punishment of
imprisonment for a term of Ten years.
Number 15.461 In cases where a person opens fires or throws a bomb or cuts with a
serious weapon or commits any act of attempt to kill another person to the
extent possible, with an intention to kill that other person, then even
though the victim does not die due to any reason, the person who commits
or causes to be committed or instigates (being present in the crime scene)
or helps other in the commission of such an offense, the person shall be
liable to the punishment of imprisonment for a term ranging from Five
years to Twelve years.
Number 16.462A person who conspires to kill a person or causes other person to kill a
person shall be liable to the punishment of imprisonment for a term
ranging from Ten years to Fifteen years in cases where such a victim has
been killed, and to the punishment of imprisonment for a term ranging
from Five years to Twelve years in cases where the victim has not been
killed.
460 Inserted by Eight Amendment and deleted by Some Nepal Laws Amendment Act, 2047.
461 Amendment by the Eighth Amendment.
462 Amendment by the Eighth Amendment.
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Number 17. In cases where a person who is indulged in the crime (Matlab) of killing
another person without being involved in instigating other or without
using a weapon or even without touching the body of the victim commits
any of the following acts, the person shall be punished as mentioned
hereunder in cases where the victim has died and shall be liable to half the
punishment if the victim has not been died:
One who knowingly supplies weapons, bullets, gunpowder or poison to a
person who demands weapons or poison to kill anybody else or one who
remains present in the scene of crime where somebody is murdering any
one else shall be punished with imprisonment for a term of Ten
years...................1
Except as otherwise provided in Section 1, if a person creates conducive
environment to kill any one else stopping the pathway or passage or
restricting the victim to flee from the scene of crime shall be punished
with imprisonment for a term of Five years........................2
A person who is involved in discussion/preparation (Sallaha) through any
other means and appears in the scene of crime and watches the incident
without doing anything else or a person who is indulged in the
commission of offence except as provided hereinabove, the person shall
be punished with imprisonment for a term ranging from Six months to
Three years.....................3
Number 18. A person who abandons a male or female baby born alive shall be liable to
the punishment of imprisonment for a term of Four years. In cases where
such a baby is found dead, the person who has so abandoned shall be
treated as a murderer.
Number 19. In cases where a person is trying to kill another person and the aggrieved
person is requesting for help (Gwahar), each informed man above Sixteen
years of age and below Sixty-Five years of age who hears such a request
but does not go to help the aggrieved person shall be punished with a fine
of up to Thirty Rupees.
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Number 20. Except in the case of murder (Kartabya) where the offender (accused) has
confessed the offence and has divulged/marked/accused (Poleko) anybody
else, a case shall not be registered if it is not filed within Twenty years of
the cause of action where complaint shows that it is a case of murder and
the investigation does not identify any accused and within Two years if the
complaint does not mention it as a murder (Kartabya) case.
Number 21. A person, who has a duty to prepare a deed of examination of corpse, shall
duly examine the corpse and mention all the details of wounds scar, hurt
or sign (Ghau, Khat, Chot, Nishan) in the report. One who knowingly
mentions wrong details shall be liable to a fine of up to Five Hundred
Rupees.
Number 22. No one, though not indulged in the crime (Matalab) of killing somebody
else, shall refrain from catching, reporting and fleeing the preparator, in
case he or she knows the matter of such killing is going to happen before
the act takes place.
Number 23. No one, though not indulged in the crime (Matalab) of killing of
somebody else, shall refrain from catching, reporting, concealing or
fleeing the preparatoir, in cases where one of the joint family members has
killed any other member of the same family or the servant.
Number 24. In cases where one is not indulged in the killing of another person, but
knowingly shares the property brought upon the commission of such
offence, such an act shall be deemed to be an offence. Event though a
person has neither shared the property received out of commission of the
offence of homicide nor reported the incident nor concealed or helped for
fleeing preparatory, and except as referred to in Number 23 of this
Chapter, if the father, grandfather, grandmother, wife, son, daughter,
sisters from the same family, uncles born from the same grandfather along
with the father sister of his father, brother, nephew grandson,
granddaughter, aunts, wives of the brothers, mother-in-law, father-in-law,
brother of the mother, son of the sisters, own daughter, husband of own
sisters and persons living in the same joint family refrains from reporting
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or knowingly conceals the fact or helps to flee, shall not be liable to the
punishment.
Number 25. One who knows about the homicide but does not report it or conceals the
fact and causes fleeing of the preparator shall be liable to the punishment
of imprisonment for a term of Two years if he or she is a government
employee, for a term of One and Half year if he or she is the Jimdar,
Talukdar or a member of the Village Development Committee or the
Municipality,463 for a term of Six months if he or she is Thari, Gumasta,
Mukhia, Mijhar, Jetha Budha, Gorum, Katuwale, Naike, Mahane, local
guard or Godayat, and a fine of Twenty Rupees to the chief of the family
who knows the fact of the commission of offence in the case of any other
person not so mentioned.
Number 26. In cases where a person does not report the fact that somebody is going to
kill any other person and this fact is revealed subsequent to the death of
victim, such a person who has not reported the offence shall be liable to
the punishment of imprisonment for a term not exceeding One year.
Number 27. In cases where a person does not report the fact that somebody is going to
kill any other person and this is revealed later on but before his or her
death, such a person who has not reported the fact shall be liable to the
punishment of imprisonment for a term not exceeding Six months.
Number 28.464 Any person who commits abortion or causes abortion by doing any act
with intention or knowingly or with sufficient reasons to believe that such
an act is likely to cause an abortion shall be punished as follows:
Imprisonment for a term of one year in case the fetus is upto Twelve
weeks...........................1
Imprisonment for a term of Three years in case the fetus is upto Five
weeks............................1
Imprisonment for a term of five years in case the fetus is above Twenty
Five weeks.....................1
463 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047(1991).
464 Amended by the Eleventh Amendment.
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Number 28A.465 No one shall cause abortion upon causing coercion, threat, lure or offer
(Pralovan) to a pregnant woman. In cases where a person causes abortion
in that manner, the person shall be liable to the following punishment:
Imprisonment for a term of one year in case the fetus is up to Twelve
weeks........ 1
Imprisonment for a term of three years in case the fetus is upto Twenty
Five weeks...........1
Imprisonment for a term of Five years in case the fetus is above than
Twenty Five weeks..............................1
Number 28B.466 Notwithstanding anything contained in Number 28 of this Chapter, if an
abortion is carried out by a qualified and registered health worker upon
fulfilling the procedures as prescribed by the Government of Nepal, it
shall not be deemed to be the offence of abortion, in the following
circumstance:
If the abortion of a fetus of upto Twelve weeks is carried out with
the consent of the pregnant woman........1
If the abortion of a fetus of up to Eighteen weeks caused by rape or
incest is carried out with the consent of the pregnant
woman................................2
If the abortion is carried out with the consent of the pregnant
woman and on the advice of an expert pursuant to the prevailing
law that if abortion is not carried out, the life of such a woman may
be in danger or the physical or mental health may be deteriorated
or a disabled child may be born...........3
Number 28C.467 No one shall commit or cause to be committed an act to identify
(determine) the gender of the fetus for the purpose of committing the
offence of abortion. A person who commits this offence shall be
liable the punishment of imprisonment for a term ranging from Three
months to Six months.
465 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
466 Inserted by the Eleventh Amendment.
467 Inserted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
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Number 28D.468 A person who commits, or causes to be committed, abortion upon
identifying the gender of the fetus as referred to in Number 28C, the
person shall be liable to the punishment of imprisonment for a term
ranging from Six months to Two years.
Number 29. If a person commits an act to a pregnant woman with some anger or
malice (Rishibi)and such an act results in abortion, the person shall be
liable to punishment despite that such act has not been done with
intention to cause abortion.
Number 30. If a person finds a male or female baby born alive has been
abandoned, the person shall inform this matter to the nearest police
office.
Number 31. ..........469
Number 32. If a person commits the offence referred to in Number 29 of this
Chapter, with the knowledge of the fact that the woman is pregnant,
the person shall be liable to the punishment of imprisonment for a
term of Three months if the fetus is of up to Twenty Five weeks, and
Six months if the fetus is of more than Twenty Five weeks. If such act
has been committed without knowing the fact, that the woman is
pregnant, the person shall be liable to a fine of Five Hundred Rupees
if the fetus is of up to Twenty Five weeks and a fine of One Thousand
Rupees if the fetus is of more than Twenty Five weeks.
Number 33. Except in a case where the offender has confessed and the case has
been initiated from such confession, if a suit is not filed on the matter
of abortion within Three months of such abortion, the suit shall not be
entertained.
468 Inserted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
469 Deleted by the Eleventh Amendment.
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Chapter-11
On Human Trafficking
Number 1. No person shall lure and take another person outside the territory of Nepal
with intention to sell him or her nor shall sell another person outside the
territory of Nepal. If a person, who is taking another person to sell him or
her in a foreign country, is caught (arrested) before the sale, the offender
shall be liable to the punishment of imprisonment for a term of Ten
years470 and if the person is arrested after the sale, the offender shall be
liable to the punishment of imprisonment for a term of Twenty years471. In
cases where the buyer is found within the territory of Nepal, the buyer
shall be liable to the same punishment as is imposable on the seller.
Number 2. No person shall separate or lure to separate a minor below the age of
Sixteen years or even a major who is mentally unsound, from his or her
guardianship without the consent of his or her legal guardian. If someone
is so separated or lured, the offender shall be liable to the punishment of a
fine of up to Five Hundred Rupees or imprisonment for a term not
exceeding Three years or with both.
Number 3.472 No person shall make any other person a Kamara, Kamari (sub-servant),
slave or bonded labor. A person who makes another person a sub-servant,
slave or bonded labor shall be liable to the punishment of imprisonment
for a term ranging from Three years to Ten years, and the court may issue
an order for the provision of a reasonable compensation by the offender to
the victim.
Number 4. If a person aids the offender to commit the offence as referred to in
Number 1, 2 or 3 of this Chapter, the person shall be liable to half the
punishment that is imposed on the principal offender.
470 Amended by the Sixth Amendment.
471 Amended by the Sixth Amendment.
472 Amended by Some Nepal Acts Amendment Act, 2048.
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Number 5. If a human being is sold or bought as referred to in Numbers 1 and 3 of
this Chapter, the amount involved on behalf of the buyer shall be void
(may not be returned) and the seller shall be liable to the punishment of a
fine equal to the amount involved in such a sale, in addition to the
punishment mentioned in those Numbers.
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Chapter-12
On Medical Treatment
Number 1. In the course of a serious major surgical operation and prescribing for
medicine after diagnosing a patient, only a medical practitioner who has
studied and passed the concerned examination and also has received
certificate on the concerned subjects of the profession and is a medical
doctor or a Vaidha (Ayurvedic Medical Practitioner), shall perform a
surgical, operation or prescribe ointments to be used in the body or
prescribe oral medicine or write a prescription for the same. One who has
not passed such an examination may examine a patient if he or she can
diagnose the disease or has knowledge about the medicine, or one who has
an experience may carry out operation (Chirfar) of a minor wound
(Ghau), boil (Khatira), use ointment (Malam) and bandage (Patti) or
medicine in the external part of the body.
Number 2. In cases where a surgery has to be performed to split, burst, take out or cut
(Chirna, Forna, Jhikna, Katna) from the body for the best interest of the
patient, the medical practitioner or a Vadihaya holding a certificate
(Passwala) may himself or herself perform such an operation upon
receiving the consent of the patient if he or she is major and conscious and
upon receiving the consent of the guardian if the patient is minor or in a
state of unconsciousness, and even without receiving any consent but in
the best interest of the patient on behalf of the hospital in the case of a
person without any guardian.
Number 3. In cases where it is essential to provide processed and refined substance
(Bisaya) or toxic medicine and the certified (license holder) medical
practitioner or a Vaidhaya has prescribed it and the dose of medicine is
appropriate, but somebody dies upon consuming such medicine, it shall
not be deemed to be an offence. In cases where a person gives to eat or
drink unprocessed toxical substance or poisonous substance which are
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known as poison or prescribes such substance or such substance is
supplied or prescribed in an excessive dose though such substance is being
processed and perfect or it happens otherwise in the course of wrong
operation (surgery), such a doctor or Vaidha and who checked the patient
and the person who mixed up the dose of the medicine or who mixed-up in
a wrong quantum even the doctor or Vaidha has had prescribed it
correctly, or mixed-up unnatural elements in the composition of the
medicine, in case it happens something otherwise, it shall be deemed to be
an offence.
Number 4. A person who is entitled to treatment or operation pursuant to Number 1
of this Chapter, in the course of prescribing medicine or conducting
operation, if the sickness of the patient who is under treatment increases
(suffers more) or dies or suffers any loss or pain, the medicine shall be
examined if the leftover of the medicine is available; and if the leftover
medicine is not available, the prescription written by the doctor or
Vaidhaya, method of operation (surgery) and instruments used in the
course of operation or any other ointment (medicine) used otherwise shall
be investigated to find out whether the intoxicating substance has been
processed or not and whether all the elements to be mixed-up as per the
evidence (Praman) have been mixed-up or not, and whether that particular
medicine resembles with the disease or not and whether the medicine was
prescribed unnecessarily or not, by the Doctor or Vaidhaya and if such a
medicine is toxical one, such a toxical medicine shall be supplied to the
dog, castrated goat (Khasi) or he-goat, for the purpose of investigation. If,
in the course of such investigation, the dog, castrated goat (Khasi) or hegoat
dies or in the course examination of the patient, it is revealed that the
prescribed medicine was not appropriate to the patient in the light of his or
her disease or the manufacturer or the person with a duty to mix-up the
medicine has processed it wrongly (incorrect dose) or caused to feed the
unprocessed medicine or with wrong composition or caused wrong
operation (surgery) or vaccinated for small-pox by the under quality
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vaccine; and if such an act is unintentional but has happened due to the
lack of knowledge or by mistake, the person involved in such an act shall
be punished as referred to in Number 8 of this Chapter.
Number 5. No one shall sell any intoxicating substance and poisonous substance
without the prescription of a doctor or Vaidhaya. If a person gives or sells
the same, it shall be considered to be an offence.
Number 6. An insane person may be put behind the bar with fetter (Nel) and he or she
shall be treated in a hospital if available in that place. In case his or her
representative (Warsiswala) requests that he or she shall keep him or her
safely, then such an insane shall be handed over accordingly.
Number 7. No one shall abandon a servant or guest who is sick in a road, inn, or rest
house (Pati Pauwa) without arranging for an attendant to take care of him
or her. In cases where a person abandons such a person without care, the
person shall be liable to a fine of up to Five Hundred Rupees. The police,
Village Development Committee or Municipality473 shall arrange for
treatment at a hospital or dispensary, if available, and shall arrange for an
attendant as well as treatment if a hospital or dispensary is not available
over there.
Number 8. In cases where a person who is entitled to carry out treatment or operation
of a patient pursuant to Number 1 of this Chapter does the same for the
benefit of the patient but with recklessness or negligence and consequently
the patient dies or suffers any damage (loss) or pain, such a person shall be
liable to the punishment of a fine of up to Five Hundred Rupees or
imprisonment for a term not exceeding Two years or both.
Number 9. In cases where a person, other than a person entitled to carry out treatment
or operation as referred to in Number 1 of this Chapter, gives medicine or
operates or gives vaccine to a patient for the benefit of the patient, but the
patient dies or suffers any damage (loss) in his or her body, the person
473 Amended by the Court Proceedings Related Some Nepal Acts (Amendment) Act, 2047.
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shall be liable to a fine of up to One Hundred Rupees or imprisonment for
a term not exceeding Six months, in addition to the punishment as referred
to in Number 8 of this Chapter. In cases where there is no damage (loss) in
the body of the patient, he or she shall be punished with a fine of up to
Five Hundred Rupees.
Number 10. If a suit is not filed on the matter of offense(Daga) where a person dies in
the course of treatment, within Three months (from the date of cause of
action), the suit shall not be entertained.
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Chapter- 13
On Intention of Sex
474Number 1. If a person, without the consent of a woman, touches or attempts to touch
her sensitive organ, puts off her inner clothes (under garments), takes her
to an unusually lonely place, makes her touch or catch (hold) his sexual
organ or uses vulgar or other similar words or indications or shows her
such drawing or picture or teases or harasses her for the purpose of sexual
intercourse, or treats her with any unusual behavior or holds her with
intention of having sexual intercourse, he shall be deemed to have done
sexual harassment, and the who commits such an offence shall be liable to
the punishment of imprisonment for a term not exceeding One year and a
fine of up to Ten Thousand Rupees. The victim of such an offence shall be
entitled to a reasonable compensation from the offender.
Number 2. 475..............
Number 3. 476..............
Number 4. 477..............
478Number 5. If a person lures a woman to have illegal sexual intercourse with himself or
with any other person or contacts and manages for prostitution, the person
shall be liable to the punishment of imprisonment for a term ranging from
Six months to Two years or a fine of Five Hundred Rupees to Six
Thousand Rupees or with both.
Number 6. If a suit on any matter referred to in this Chapter is not filed within Thirty
Five days after the date on which the matter became public, the suit shall
not be entertained.
474 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
475 Repealed by the Sixth Amendment.
476 Repealed by the Sixth Amendment.
477 Repealed by the Sixth Amendment.
478 Amended by the Sixth Amendment.
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Chapter-14
On Rape
Number 1.479 If a person enters into sexual intercourse with a woman without her
consent or enters into sexual intercourse with a girl below the age of
Sixteen years with or without her consent shall be deemed to be an offence
of rape.
Explanation: For the purposes of this Number:
(a) A consent taken by using fear, coercion, undue influence,
misrepresentation or use of force or kidnapping or hostage taking
(abducting) shall not be considered to be consent.
(b) A consent taken when she is not in a conscious condition shall not be
considered to be consent.
(c) Minor penetration of the penis into the vagina shall be considered to
be a sexual intercourse for the purposes of this Number.
Number 2. A person who commits rape with a woman within kinship (prohibited
degree of consanguinity) shall be liable to the punishment as referred to in
the Chapter on Incest, in addition to the punishment as referred to in this
Chapter. In cases where imprisonment for life has been imposed to an
offender, an additional punishment for rape shall not be added.
Number 3.480 A person who commits rape shall be liable to the imprisonment as
mentioned hereunder:
Imprisonment for a term ranging from Ten years to Fifteen years if the
minor girl is below the age of Ten years……......…1
Imprisonment for a term ranging from Eight years to Twelve years if the
minor girl is above Ten or more years of age but below Fourteen years of
age...................2
479 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
480 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
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Imprisonment for a term ranging from Six years to Ten years if the minor
girl is of Fourteen years of age or above below Sixteen years of
age……………….3
Imprisonment for a term ranging from Five years to Eight years if the
woman is of Sixteen years of age or above but below Twenty years of
age.................4
Imprisonment for a term ranging from Five years to Seven years if the
woman is of Twenty years of age or above . …….5
Notwithstanding anything contained in this Number, the husband who
commits a rape with his wife shall be liable to imprisonment for a term
ranging from Three months to Six months.
Number 3A.481 One who commits a gang rape or commits rape with a pregnant woman or
a disabled woman shall be liable to imprisonment for a term of Five years,
in addition to the imprisonment mentioned in this Chapter.
Number 3B.482 Notwithstanding anything contained in Number 3 and Number 3A, if
someone commits a rape upon knowing the fact that he is living with HIV
positive, such an offender shall be liable to imprisonment for a term of One
year, in addition to the imprisonment referred to in Number 3 and Number
3A. of this Chapter.
Number 4. Every person who knowingly accompanies a gang and grabs a woman for
rape or helps in committing the rape shall be liable to imprisonment for a
term not exceeding Three years. In the case of a girl under Sixteen years
of age, such a person shall be liable to the double of such punishment.
Number 5. One who has made attempt to commit rape but has not succeeded in
committing it shall be liable to the punishment which is half the
punishment that is imposed on the offender who commits rape.
481 Inserted by the Eleventh Amendment.
482 Inserted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063
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Number 6. If a person instigates another person to commit a rape, the instigator shall
be liable to the punishment which is half the punishment that is imposed
on the offender if the person has committed rape, and which half the
punishment that is imposed on a person who has made attempt to rape if
the person has made attempt but not been able to complete the commission
of rape.
Number 7. ………………….483
Number 8. In cases where a person with intention to attempt rape assaults, rounds up
(chhekthun), ties up (bandchhand) or uses force (jorjulum) by any other
means to a victim and it is not possible to save the chastity (dharma) for
the victim upon rescuing herself from the offender by shouting, requesting
for the help or by any other means immediately, or where the victim is in a
situation that if she does not do anything with her idea (akkal) or power
(barkat) she may not be able to save her chastity due to serious fear or
threat so created over there before the commission of rape or even after
the commission of rape where she could do nothing due to lack of her
power or force immediately, if such a victim, out of anger of such act,
strikes a weapon, stick (latho) or stone at the place of commission of rape
immediately or within one hour upon pursing the offender from such
place and the offender dies over there, such an act shall not be deemed to
be an offence. In case the victim kills the offender after one hour, she shall
be liable to a fine of up to Five Thousand Rupees or imprisonment for a
term not exceeding Ten years.
Number 9. A person who commits or causes to be committed rape with a woman for
the purpose of grabbing her property through inheritance shall not be
eligible for inheritance to be received from the victim of such rape.
Number 9A. 484 A person who commits or causes to be committed sodomy (any kinds
of unnatural sexual intercourse) with a minor, it shall be considered to be
483 Repealed by the Eleventh Amendment.
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an offence of rape and the offender shall be liable to an additional
punishment of imprisonment for a term not exceeding One year as referred
to in Number 3 of this Chapter, and the court shall make an order to
provide appropriate compensation to such a minor from the offender, upon
considering the age and grievance suffered by the minor.
Number 10.485 If a person is held to have committed rape with a woman, the
court shall make an order to provide appropriate compensation to the
victim from the offender upon considering the physical or mental loss she
has suffered. In the course of determining such compensation, the gravity
of offence and pain suffered by the dependent minors, if any, shall also be
taken into account if such victim is already dead.
Number 10A.486 In the course of an investigation or inquiry of a case mentioned in this
Chapter, a woman police employee shall record the statement of the victim
woman and if a woman police employee is not available, any other police
employee may record her statement in front of a woman social worker.
Number 10B.487 In the course of hearing of a case filed pursuant to this Chapter, only
the lawyer, accused, victim woman and her guardian and police or court
employee so permitted by the case hearing authority may appear before
the bench.
Number 10C.488 If the court, in making judgment, convicts the accused of rape on a
case filed pursuant to this Chapter, the court shall mention in its decision
about the compensation to be awarded to the victim from the offender and
shall also cause the same to be provided to the concerned woman. For the
purpose of realizing of the compensation, the court shall attach the
property, including the share on joint property, of the accused immediately
after the filing of a case pursuant to this Chapter.
484 Inserted by the Eleventh Amendment.
485 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
486 Inserted by the Eleventh Amendment.
487 Inserted by the Eleventh Amendment.
488 Inserted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063
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Number 11. If a suit on the matter of rape is not filed within Thirty Five days from the
date of the cause of action, the suit shall not be entertained.
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Chapter 15
On Incest
Number 1. A person who commits sexual intercourse with his mother, who gave birth
to him, shall be liable to the punishment of imprisonment for life. A
person who commits sexual intercourse with his elder or younger sister,
born from the same father from whom he was born, or with his own
daughter shall be liable to the punishment of imprisonment for a term of
Ten years. .............489
Number 2. A person who commits sexual intercourse with a woman of the following
relationship shall be liable to the punishment of imprisonment for a term
ranging from Three years to Six years:
Step-mother in the prohibited degree of consanguinity (Haad Nata),
grandmother of any generation in the same branch and grandmother within
the third generation in the different branch, wife of one's own son, wife or
daughter of the son/offspring of any generation in the same branch, wife
of one's own brother (sister-in-law) born from the same father, daughter or
daughter-in-law (wife of nephew) born from his own elder or younger
brother, granddaughter or granddaughter-in-law of the elder or younger
brother born from the same father, elder or younger sister born and
descending from the same grandfather or daughter or wife of the elder or
younger brother who was descended from his own
grandfather....................1
Daughter of his own daughter or wife of his own son (daughter-in-law),
grandmother who gave birth to his own mother, grand-grand-mother who
gave birth to the father or mother of his own mother, mother-in-law who
gave birth to his wife, grand-grand-mother-in-law who gave birth to such
grandmother-in-law or grandfather-in-law, elder and younger sister of his
own mother, daughter of his own elder or younger sister or daughter-in-
489 Deleted by the Eleventh Amendment.
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law of such elder or younger sister, wife of his own elder or younger
brother or wife of the brother who was born from his own
mother............................2
Number 3. A person who knowingly commits sexual intercourse with a woman in the
following relation shall be liable to the punishment of imprisonment for a
term not exceeding Two years taking into consideration of the nature of
relation (Nata) and generation (Pusta):
Except those within the prohibited degree of consanguinity and within
seven generations as referred to in Number 1 and those relations as
referred to in Section 1 of Number 2 of this Chapter, the grandmother,
wife of the brother, wife of the son, wife of the grandson, elder sister,
younger sister, daughter, granddaughter, Phupu (sister of the father) or
Aunt (wife of the uncle)...............1
Granddaughter in the line of the son of his uncle who is in the line of the
same grandfather, daughter of the daughter of his own elder or younger
brother, daughter or daughter-in-law of the son of his own elder or
younger sister, daughter or daughter-in-law of the daughter of his elder or
younger sister, step-mother-in-law or step-grandmother-in-law.............2
Number 4. 490.......In cases where a person commits sexual intercourse with the wife
of his elder brother (Bhauju), the person shall be liable to the punishment
of imprisonment for a term ranging from Three years to Six years; and in
the other cases, if a person commits sexual intercourse knowingly with the
wife of his elder brother within seven generations within the prohibited
degree of consanguinity, the person shall be liable to the punishment of
imprisonment for a term not exceeding one year considering the nature of
relation (Nata) and generation (Pusta).
Number 5. In cases where a son who was born from one husband knowingly commits
sexual intercourse with the daughter from another husband of the same
490 Deleted by the First Amendment.
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mother, such a person shall be liable to the punishment of imprisonment
for a term not exceeding One year.
Number 6. In cases where a person commits sexual intercourse with the wife of his
adopted son or his offspring (Santan) or with one who is a relative of his
adoptive father and if there is a relation between them amounting to incest
pursuant to this Chapter, the offender shall be punished accordingly; and
in the other cases where sexual intercourse is committed by the adopted
son with the wife of his adoptive father or with the daughter of his
adoptive father or by the adoptive father with the wife of the adopted son
or by the adoptive father with the daughter of the adopted son, such an
offender shall be liable to the punishment of imprisonment for a term not
exceeding One year.
Number 7. ……………..491
Number 8. ……………..492
Number 9. If, after having served the sentence for the commission of sexual
intercourse with any woman punishable pursuant to this Chapter, the
convicted person again commits sexual intercourse with the same woman,
the person shall be liable to a fine of Fifty Rupees; and if after such
imposition of the fine, that person again commits sexual intercourse with
the same woman, the person shall be liable to the punishment of
imprisonment for a term not exceeding three months after the third
instance.
Number 10. On the offense in which a man is to be punished pursuant to this Chapter,
if a woman indulges herself in sexual intercourse with her consent, such a
woman shall be liable to the punishment that is One Fourth of the
punishment imposed on the man. While imposing such punishment, if she
has to serve the sentence of imprisonment for a term exceeding Three
491 Repealed by the Eleventh Amendment.
492 Repealed by the Eleventh Amendment.
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years, in such a case, the term of imprisonment shall not exceed Three
years.
Number 10A.493Notwithstanding anything contained in the other Numbers of this
Chapter, no one shall be punished for a marriage or sexual intercourse in
that relation which is considered to be valid in accordance with their
tradition followed by their caste (race) or ancestry (Kul).
Number 11. Notwithstanding anything contained in the other Numbers of this Chapter,
if a person commits sexual intercourse with a married woman, who has a
husband, and who comes under particular relationship which is punishable
under this Chapter, and the aggrieved husband (Sadhu) intends to
imprison him pursuant to the Chapter on Adultery, the person shall be
sentenced to imprisonment by adding the punishment of imprisonment
under that Chapter to the punishment imposable by this Chapter. Provided
that if the total term of imprisonment so added exceeds Six years, only
One year shall be added to the term of imprisonment.
Number 12. If, on any matter relating to the offence referred to in this Chapter, a suit is
not filed during the life of the offender, the suit shall not be entertained.
493 Inserted by the First Amendment.
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Chapter-16
On Bestiality
Number 1. No person shall commit, or cause to be committed, sexual intercourse with
a female cattle, or commit, or cause to be committed, any other unnatural
intercourse (Maithun).
Number 2. A person who commits sexual intercourse with a cow shall be liable to the
punishment of imprisonment for a term of Two years and a person who
commits sexual intercourse with any animal other than a cow shall be
liable to the punishment of imprisonment for a term not exceeding One
year or fine of up to Five Hundred Rupees.
Number 3. If a woman enters into sexual intercourse with an animal, she shall be
liable to the punishment of imprisonment for a term not exceeding one
year and a fine of up to Five Hundred Rupees.
Number 4. Except as provided in the other Numbers of this Chapter, a person who
commits, or causes to be committed, any other type of unnatural sexual
intercourse shall be liable to the punishment of imprisonment for a term
not exceeding One year and a fine of up to Five Thousand Rupees.494
Number 5. If a suit is not filed within a period of One year from the date of the cause
of action on the matters referred to in this Chapter, the suit shall not be
entertained.
494 Amended by the Eleventh Amendment.
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Chapter - 17
On Marriage
Number 1. Save within the relationship punishable under the Chapter on Incest, any
marriage may be solemnized with one's consent according to one's own
will and pleasure, subject to the provisions set forth in several Numbers of
this Chapter. Where a marriage concluded happens to be within the
consanguinity, the spouses thereto shall be separated. If one has
deliberately concluded such a marriage, one shall be liable also to the
punishment set forth in the Chapter on Incest.
Number 2.495 While contracting a marriage, no one shall arrange to marry nor cause to
be married where the male and the female have not completed the age of
Eighteen years with the consent of the guardian and that of twenty years in
case of absence of the consent of the guardian. The persons having attained
majority, out of those who marry or cause to be married in violation of this
provision, shall be punished as follows:
If a female below the age of Ten years is married or caused to be married,
punishment of imprisonment for a term from six months to Three years
and with a fine of One Thousand Rupees to Ten Thousand Rupees shall be
imposed --------1
If a female above the age of Ten years but below the age of Fourteen years
is married or caused to be married, punishment of imprisonment for a term
from Three months to One year and with a fine of a maximum of Five
Thousand Rupees or both shall be imposed --------2
If a female above the age of fourteen years but below the age of Eighteen
years is married or caused to be married, punishment of imprisonment for
a term not exceeding Six months or a fine of a maximum of Ten Thousand
Rupees or both shall be imposed…………………..3
495 Amended by the Eleventh Amendment.
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If a male or female who has not completed the age of twenty years is
married or cause to be married, punishment of imprisonment for a term
not exceeding six months or a fine of a maximum of Ten Thousand
Rupees or both shall be imposed ------4
If one marries or causes to be married lying that the marriage is allowed
under the law, no punishment shall be imposed on the person who marries
or causes to be married in ignorance--------5
Those persons who have attained majority, out of the priests, matchmakers
and other abettors who knowingly perform acts of marriage in
violation of the provisions contained in the above-mentioned numbers
shall be punished with imprisonment for a term not exceeding One month
or a fine of a maximum of One Thousand Rupees-------6
Notwithstanding anything contained in the above-mentioned Sections of
this Number, if solemnization of marriage has not been completed but
arrangement of marriage has been finalized in accordance with the rites,
the main person finalizing such arrangement of marriage shall be punished
with a fine of a maximum of seven hundred rupees and such finalized
arrangement of marriage shall be set aside --------7
The amount of fine imposed under the above-mentioned Sections 1, 2, 3,
and 4, if paid, shall be paid to that girl-child, woman or man. In default of
payment of the fine so imposed, the property of the convicted person equal
to the amount of fine shall be confiscated and the amount so realized shall
be paid to such that girl-child, woman or man. In case the total amount of
fine is not realized through such confiscation, the convicted person shall
be imprisoned for a term not exceeding Three months for the fine not
realized---------8
In case either a male or a female below the age of Eighteen years is
married and no offspring has been born from the marriage, the male or
female who is below the age of Eighteen years may get such a marriage
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declared void if he or she does not agree with such a marriage upon having
attained the age of Eighteen years………………..9
Number 3. Even after the completion of formalities by exchanging moneys or rites in
accordance with the tradition of one's clan for a marriage, the parties
thereto shall not be obliged to solemnize the marriage if they do not so
desire.
Number 4. If a marriage is concluded with a male who is dumb, leprous, crippled,
lame, blind of both eyes, impotent with devoid of the male genital organ,
handicapped with his hand or leg broken, insane or epileptic, under the
false representation that he is normal, such a marriage shall be void if the
female spouse does not accept the marriage. One who has concluded or
arranged the marriage on such false representation shall be liable to
punishment of a fine of up to Five Hundred Rupees.
Number 5. If a marriage is concluded with a female who is dumb, leprous, crippled,
lame, blind of both eyes, devoid of the female genital organ, handicapped
with her hand or leg broken, insane or epileptic, under the false
representation that she is normal, such a marriage shall be void if the male
spouse does not accept the marriage. One who has so concluded or
arranged the marriage on such false representation shall be liable to
punishment of a fine of up to Five Hundred Rupees.
Number 6.496 -------------
Number 7.497 No marriage shall be solemnized or arranged without the consent of both
the male and the female parties thereto. If a marriage is solemnized or
arranged by force without consent, such a marriage shall be void. One who
concludes or arranges such a marriage shall be punished liable to
punishment of imprisonment for a term not exceeding Two years.
496 Repealed by the Eleventh Amendment.
497 Amended by the Sixth Amendment.
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Number 8.498 If one arranges the marriage of a female, who is already married or a
widow or divorcee with another person by representing a false fact that she
is an unmarried girl or of a male who is already married or a widower or
divorced, the marriage shall be void if the party who gets married under
that false representation does not consent to the marriage. The persons
having attained majority, out of the principal persons who have so
arranged the marriage, shall be liable to punishment of a fine of up to Ten
Thousand Rupees and that amount of fine shall be provided to the party
being subject to such a false representation.
Number 9. No male shall, except in the following circumstances, marry another
female or keep a woman as an additional wife during the life-time of his
wife or where the conjugal relation with his first wife is not dissolved
under the law……………
………………………….499
If his wife has any contagious venereal disease which has become
incurable……………………….1
If his wife has become incurably insane………1
500If it is certified by the medical board recognized by the Government of
Nepal that no offspring has been born because of his wife------1
If his wife becomes crippled, with being unable to make movement---------
--------------------1
If his wife becomes blind of both eyes----------------1
501If his wife takes partition share from him pursuant to No. 10502 of the
Chapter on Partition and lives apart-----------------1
498 Amended by the Sixth Amendment.
499 Deleted by the Ninth Amendment.
500 Amended by the Eleventh Amendment.
501 Inserted by the Eleventh Amendment.
502 Amended by the Eleventh Amendment.
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Number 9A.503 While concluding a marriage pursuant to Number 9 of this Chapter, one
shall take the consent of the wife except she has become incurably insane
or she is living apart after taking her partition share.
Number 10504 If any person concludes another marriage or keeps wife in contravention
of the matters contained in Number 9 and Number 9A.505 of this Chapter,
such person shall be liable to imprisonment for a term from One year to
Three years and to a fine of Five Thousand Rupees to Twenty Five
thousand rupees.506 If a woman knowingly concludes such marriage or
becomes wife, that woman shall also be accordingly subject to the
punishment.
Number 11.507 If a suit is not filed within Three months after the commission of any act
mentioned in Number 7 of this Chapter and after the date of knowledge of
the matter in the case of the other matters, the suit shall not be entertained.
503 Inserted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
504 Amended by the Sixth Amendment.
505 Inserted by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
506 Amended by the Eleventh Amendment.
507 Amended by the Sixth Amendment.
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Chapter 18508
On Adultery
Number 1. If a person takes a woman to make his wife509 knowing that, or the person
has a reasonable reason to know, that she is the wife of somebody else, it
shall be an adultery.
Number 2. If a case is filed by the aggrieved husband (Sadhu) on the offence of
adultery, the adulterine (Jar) and the woman involved in adultery shall be
liable to the punishment of imprisonment for a term ranging from One
month to Two months and a fine of One Thousand Rupees to Two
Thousand Rupees.
Number 3. On the following conditions, the aggrieved husband (Sadhu) shall not be
entitled to have punishment imposed on the offender:
If the wife with whom the aggrieved husband has himself committed
adultery is adultered by other person……….1
If a person commits adultery with a woman who is a co-wife
(Sauta)...................2
If a person commits adultery with a woman who is entitled to divorce
pursuant to Section 2 of Number 1 of the Chapter On Husband and Wife
and a woman who is entitled to void the marriage pursuant to Section 9510
of Number 2, and Numbers 4 and 7 of the Chapter on the
Marriage.......................3
Number 4. If the adulterine dies prior to the sentence of punishment where a suit has
been filed by the aggrieved husband (Sadhu) for punishment to the
adulterine on the offence of adultery or prior to the making of suit, the
adulterine shall not be liable to any punishment.
Number 5. If a person is involved in adultery and takes away the property of the
aggrieved husband (Sadhu) or the woman enters into the next marriage511
and carries the property other than the clothes which she is wearing or
508 Amended by the Sixth Amendment.
509 Amended by the Sixth Amendment.
510 Amended by the Eleventh Amendment.
511 Amended by the Eleventh Amendment.
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using or the dowry, Pewa or the property earned by herself with her, the
aggrieved husband (Sadhu),and in case of his death, or in case he has gone
abroad, his heir may file a suit equivalent to a civil case and recover such
property.
Number 6. If a suit on any matter as referred to in this Chapter is not filed within one
year after the disclosure of the matter, the suit shall not be entertained.
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Chapter 19
On Decency/Etiquette (Adal)
Number 1.512 No one shall propagate any religion in such manner as to undermine the
religion of other nor shall cause other to convert his or her religion. If a
person attempts to do such act, the person shall be liable to imprisonment
for a term of Three years, and if a person has already caused the
conversion of other’s religion, the person shall be liable to imprisonment
for a term of Six years, and if such person is a foreign national, he or she
shall also be deported from Nepal after the service of punishment by him
or her.
Number 1A.513 If any person does any act to undermine any religious place or religious
function, the person may be liable to the punishment of imprisonment for
a term not exceeding Three years or a fine of up to Three Thousand
Rupees or both.
Number 2. No person shall, without prior approval of the Government of Nepal, sell,
donate, mortgage or otherwise transfer ownership of any immovable
property to a foreign citizen, foreign body corporate or foreign nation. If
any such property is so transferred or received, such property shall
devolve on the Government of Nepal. If any money of a creditor is
involved, it shall be equivalent to unsecured money.
Number 3. If any foreign citizen is to obtain any immovable property by virtue of
succession or partition, that property shall not be registered in his or her
name nor shall he or she be entitled to receive any income from it except
in cases where he or she has resided in Nepal upon obtaining the
citizenship of Nepal in accordance with law. Such person is entitled to sell
or otherwise transfer such property a citizen of Nepal. Any transaction
done in violation of the foregoing provision shall be void and that property
shall devolve on the Government of Nepal.
512 Amended by Some Nepal Acts Amendment Act, 2048.
513 Inserted by Some Nepal Acts Amendment Act, 2048.
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Number 4. A government employee who is engaged in service in a government office
shall not be entitled to receive any immovable property in his or her name
or in the name of his or her family member, without prior approval of the
Government of Nepal, if the immovable property is related to the case
which is to be disposed by him or her, until he or she is engaged in the
same office or in another office in the same district where his or her such
office is located or until Two years in the case of his or her transfer from
that district or his or her removal from the post.
Number 5.514 Any government employee who commits sexual intercourse or arranges
for sexual intercourse by other person with a woman who is imprisoned or
detained, or any medical practitioner or health worker who commits
sexual intercourse with a woman who has come to avail medical service at
time of rendering medical service or in the place of rendering such service,
or any guardian or caretaker who commits sexual intercourse with a
women who is under his guardianship or care, or any official or employee,
in any organization where a woman suffering from mental or physical
illness is staying for the purpose of treatment or rehabilitation, who
commits sexual intercourse with such a woman shall be liable to the
punishment of imprisonment for a term ranging from One year to Three
years. If such an act is an offence under this Act or any other prevailing
law, the punishment imposed thereunder shall be added to such
punishment.
Number 6. No Bhesdhari shall covert a minor below the age of Eighteen years into a
saint to even where his or her heir or the minor him or herself has
consented for the same. If a person who has crossed the age of Eighteen
years is forcefully converted into a saint, and that person makes a
complaint within Thirty Five days of the cause of action, such complaint
shall be entertained. If such person does not make a complaint, such
conversion is held to be made voluntarily. If a suit on the matter of
conversion of a person below Eighteen years of age is not filed within
514 Amended by Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063.
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Three years from the date of the cause of action, the suit shall not be
entertained.
Number 7. A person who commits an offence as referred to in Number 6 of this
Chapter shall be liable to imprisonment for a term not exceeding One year.
Number 8. ..............515
Number 9. One who has been traditionally following the rites and rituals at time of
death and birth (Jutho and Sutak) of his father, mother, elder brother,
younger brother etc. shall follow the same as per his or tradition
(Kuldharma).
Number 10. No one shall do, or cause to be done, any act to undermine or likely to
undermine social custom and usage of other person. If someone commits
or causes to be committed such an act, he or she shall be liable to
punishment of imprisonment for a term not exceeding One year or a fine
of up to One Thousand Rupees.
Number 10A.516 If a person discriminates as an untouchable or excludes or prohibits any
person on grounds of caste, religion, color, class or work, the person shall
be liable to the punishment of imprisonment for a term ranging from Three
months to Three years or a fine of One Thousand Rupees to Twenty Five
Thousand Rupees or both.
Number 10B.517 If a person accuses another person of a witch or banishes him or her
from his or her place of residence on such accusation or excludes him or
her from social activities or does any other inhuman or degrading
treatment or commits torture or banishes any ill (sick) person from his or
her place of residence by rejecting or doing any inhuman or degrading
treatment to him or her on the ground that he or she has suffered from any
disease, the person shall be liable to the punishment of imprisonment for a
term ranging from Three months to Two years or a fine of Five Thousand
Rupees to Twenty Five Thousand Rupees or both.
515 Repealed by Some Nepal Acts Amendment Act, 2063.
516 Amended by Some Nepal Acts Amendment Act, 2063.
517 Inserted by Some Nepal Acts Amendment Act, 2063.
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Number 11. Any matters carrying punishment as set forth in this Chapter shall be
governed accordingly, and in relation to any matter other than such matter,
there shall be imposed a fine of up to Twenty Rupees.
Number 12. On the matters referred to in Numbers 1, 2 and 3 of this Chapter, there
shall be no limitation to file a suit, and on the other matters where
limitation has been mentioned, a suit has to be filed within that limitation;
and if on the matter where limitation has not been mentioned, a suit is not
filed within Thirty Five days from the date of the cause of action, the suit
shall not be entertained.
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Part-5
Repeal
Number 1. The Muluki Ain (General Code) existing prior to the commencement of
this Muluki Ain (General Code) is hereby repealed.
Number 2. Notwithstanding anything contained in the Sawals and Sanads which were
formulated before 7th Falgun 2007 and in force at the time of the
commencement of this Muluki Ain (General Code), the matters set forth in
this Muluki Ain (General Code) shall be governed by it.