The Muluki Ain (General Code) - २०६३: स

1 1 The Muluki Ain ( general code ) Date of Authentication and Publication (..) Amending Acts: 1. The Muluki (First Amendment) Act, 2021(..) (..) 2. The Contract Act, 2023(..) (..) 3. The Muluki (Second Amendment) Act, 2024(..) (..) 4. The Muluki (Third Amendment) Act, 2025(..) (..) 5. The Muluki (Fourth Amendment) Act, 2027(..) (..) 6. The Muluki (Fifth Amendment) Act, 2031(..) (..) 7. The Evidence Act, 2031(..) (..) 8. The Muluki (Sixth Amendment) Act, 2033(..) (..) 9. The Muluki (Seventh Amendment) Act, 2034(..) (..) 10. The Muluki (Eighth Amendment) Act, 2042(..) (..) 11. The Muluki (Ninth Amendment) Act, 2043(..) (..) 12. The Some Nepal Acts Repealing Act, 2047(.)

2 (..) 13. Amended by the Court Proceedings Related Some Nepal Acts Amendment)Act, 2047 (1991) (..) 14. Some Nepal Acts Amendment Act, 2048(..) (..) 15. The Children Act, 2048(..) (..) 16. The Muluki (Tenth Amendment) Act, 2050(..) (..) 17. Some Nepal Acts Amendment Act, 2055(..) (..) 18. The Slaughtering House and Meat Inspection Act, 2055(..) (..) 19. The Punishment Related Some Nepal Acts Amendment Act,2055 (..) (..) 2 20. The Contract Act, 2056(..) (..) 21. The Court Proceedings Related Some Nepal Acts Amendment)Act, 2058 () (..) 22. The Muluki (Eleventh Amendment) Act, 2058(..) (..) 23. Some Nepal Acts Amendment Act, 2063(..) (..) 24. Some Nepal Acts to Maintain Gender Equality Amendment Act, 2063(.

3 (..) 25. The Muluki (Twelfth Amendment) Act, 2641(..) (..) 26. Republic Strengthening and Some Nepal Laws Amendment Act, 2066(..) (..) Act Number 67 of the year 2019 3 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.

4 4 Part-1 On Preliminary Matters Number 1. This Act shall be cited as the & quot ; Muluki Ain ( general code )& quot ;. 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) & quot ;Nepal& quot ; means the State of Nepal, (b) & quot ;Law& quot ; means the Nepal law in force for the time being, (c) & quot ;Office& quot ; means and includes a court, (d) & quot ;Chief of office& quot ; means and includes a judge, and (e) & quot ;Suit& quot ; 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 ).

5 5 Part-2 Chapter-1 On Court Proceedings Number 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.

6 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.

7 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. 6 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.

8 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 .. Number .. Number 9. The following cases are criminal cases, and the other cases are civil cases: ..4 Cases relating to state Cases carrying punishment under the Chapter on Cases carrying punishment under the Chapter on Medical Cases carrying punishment under the Chapter on Cases carrying punishment under the Chapter on Cases relating to the killing of Cases of Cases of libel and 2 Deleted by the Law Practitioner's Act, 2025.

9 3 Deleted by the Seventh Amendment. 4 Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 7 Contempt of Embezzlement of government Cases carrying punishment under Number 9 of the Chapter on Non-payment of Cases relating to fake statement as holding title or dismissal of employees or gathering of people by way of such fake Cases relating to Cases relating to Cases relating to sexual Cases relating to Cases relating to Cases relating to Cases carrying punishment under the Chapter on Trafficking in Cases relating to arms and Cases relating to loss, concealment of or tempering with government Cases relating to Cases relating to tonsure by Cases of counterfeiting coins or using counterfeit Cases of corruption (bribery).

10 1 Cases of forgery and Cases relating to transportation (motor vehicle)..1 Cases carrying punishment by the Chapter on Unlawful 8 Cases punishable by Law Relating to Cases punishable by Law Relating to Protection of Livestock, Birds or Aquatic In addition to the above-mentioned cases, other cases except disputes relating to title to property or position or Number 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.