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Presen criminal law of nepal

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  • 1. HISTORICAL EVOLUTION OFCRIMINAL LAW IN NEPALHEMANTA BUDHATHOKIB.A.LL.B. THIRD YEARROLL NO :25NEPAL LAW CAMPUSEXHIBITION ROAD,KATHMANDUTRIBHUVAN UNIVERSITY5/12/2012
  • 2. CONTENTS OF THE PRESENTATIONCRIMINAL LAW DURING SHAH PERIOD Ruling period of Ram Shah Ruling period of Prithvi Narayan Shah Ruling period of Rana Bahadur Shah
  • 3. Ruling period of Ram Shah Ram Shah ,king of Gorkha formed the rule on the basis of likeHinduscriptures Manuesmriti,NaradsamhitaShukraneeti,Chanakyaneeti and Yangyavalkya smriti No permanent institution in contemporary Judicial Administration toimplement law The ultimate sovereign of the state was king ,administrative andjudicial power vested on the king King transferred the some rule to implement by Bhardar ,Chautaria,Kaji ,Sardar ,Birtawal,Brahmin ,Dharmadhikar ,Khardar and otherlocal assembly(Sabha) and Kachahari(community meeting)
  • 4. Contd………………………………The abuse of the right to implement the law was punishableProvision of Crime and Punishment To recovery /return more interest from debtor was illegal andpunishable . Five rupees punishment should realized by offenderof turn waiter in tap(drinking water=padhero) Five rupees punishment should realized by Tree chopper ofsurroundings near tap source
  • 5. Contd………………. Royal family members would also be banished from the countryinstead of being given death sentence .Khas ,Newar ,Magar and othercommunitiies commited to murder Capital punishment andconfiscation of whole of the property The witches who were committed the crime – exile , The person not follow cast system – Punished legally
  • 6. Ruling period of Prithvi Narayan Shah Continuity of punishment system of Ram Shah. Punishment was directly propotional to the degree of crime Physical punishment provided to the person who committed toPachakhat and other flagrant (Jaghanya ) crime Provision of Capital punishment along with confiscation of wholeproperty to saint ,Sage and women
  • 7. Contd…………………… Provision of brand along with life imprisionment for Brahmin andthey were degrated the cast ,shaving pigtail, exile and made to beslave Provision of capital Punishment and confiscation of whole propertyto the person who committed crime against the king and state capital punishment provided to the person who theft and export theprohibited things like salt and wool
  • 8. Contd……………… PN Shah ordered capital punishment to the person of the traderwho involved in smuggling Provision of “cut into two piece” to insurgent who involved in leaksecrecy about military ,weapon ,income during ware fare and 12years imprisonment with confiscation of the property in normalsituation Provision of cut off hand ,nose ,and damage to other part of bodyfor Rebellion During Unification period ,the family members of robber wasmade to slave and used as carrier of millitary
  • 9. Contd………………….. Capital punishment and confiscation of the property provided tothose person who are involved in bribery (Ghus khane) and who givebribe (Ghus dine) of the officials and witness Generally cut with weapon to murderer but piercing on forehead andexile or life imprisionment to Brahmin ,Bhaibhardar,Saint,Women and Sage Incase of Jari marrige, Sadhu had provided right to cut of Jar.Except Brahmin ,Women who involved in jari marrige had punishedby cutting nose and called as nakati Brahmin who got married with widow sister in law (Bhauju)- degradedfrom the cast and head shaved and exile
  • 10. Contd……………………………. Thagadhari,Knowingly had taken wine (Mata),sacred thread(JANAI) had removed and degraded to matawali cast.If matawalihad misled for tagadhari to take wine ,they were converted intoslave.If tagadhari were to be misled to take mata – sacred by taken Patiya Bhaiyad ,Pandey,Basnet ,Pantha and Magar involved in murder andflagrant (Jaghanya) crime -sent to war Habitual thief (Twice) to cut off forefinger . If any person of untochable cast performed jari marrige ,had to fillup marrige expenditure,imprision and exile
  • 11. Economic punishment(Fine) Brahmin ,Women,Saint and sage who committed flagrant crime –Economic punishment or exile If sadhu did not want to cut jar ,he could left the jar in spite of to fill upmarriage expenditure Widow women who got married with man of lower cast was fined Slave women involved in theft ,her owner should pay fine equal toamount of property theft. Gambles were punished
  • 12. Contd………… Any one provoke to go Sati without win of widow womenwere punished Economic Punishment for all types of civil crime
  • 13. Ruling period of Rana Bahadur ShahA.Physical Punishment If any Kaji did not worked sincerely ,he was to be dismissed .He wasalso to be physically tortured (Vaidhya and Manandhar P. 136) The official harassing the people were to be punished by cutting theirhands Betrayal (Dhokewaj) of the nation was supposed to be a heinous(Akshyama) crime The Brahmin were to be head shave and non Branmin to beheaded(cut of head) for the bribery (Ghus) case .Regarding the females theyshould be degraded to be lower cast (Vaidhya and Manandhar P.138)
  • 14. Contd………………………… The code made by king Ram Shah of Gurkha and revised by RanaBahadur Shah specifically sanctions exile of the Branmins andSanyasi If they committed murder in the case of others like khas,Newar,Magar,Muslim and untouchable cast ,Punishment wasprovided Abortion was strictly prohibited ,the concern women was degradedand enslave d with cutting her noseTrafficking in Girl : Irrespective of the Motives ,trafficking of girl inside or outside countrywas considered as serious crime .Punishment was not fixed but it wasannounced that the offender would be Punished in accordance withtheir cast
  • 15. Contd………………………………..Crime against Property Offence against others property whether he/she may kingor peasant (Praja) was supposed to be a heinous crime The thieves punished for petty thefts by whipping ,finingand imprisonment for short periodSexual OffenceAdultery :Aggrieved husband known as Sadhu was entitled to cut theadulator known as jar .This provision however was appliedin the case of lower cast
  • 16. Contd…………………..Incest The punishment in the incest cases may be roughly divided intotwo groups on the basis of cast system as Brahmins and Non-Brahmins .For Brahmins usual punishment was banishment whilethe non Brahmins were usually given to PunishmentSexual abuse with Animals The concern person was punished at all or was only required toundergo Prayaschita ,if any person committed sexual abuse with cow
  • 17. Contd………………Inter –cast sexual abuse The Branmins were leniently punished for these crimewhereas other cast were punished morestrictlyOffence Against Religion A culprit was taken as sinner and was supposed to havecommitted crime not only against the victim but alsoagainst the supreme lordWitch craft : It is said that the witches were given severe punishment bybranding (Damne) their tounge with HOT IRON
  • 18. Contd…………….Defilement Those person who implicated the hi cast people in defilementhowever were punished depending on nature of their crime egSome Dhobis of Palpa sold mutton to the inhabitant of villageand the government instructed to imposed fine on thoseDhobis as punishment (Vaidhya and Manandhar P.173)
  • 19. ConclusionCriminal legal system during ruling period of LateKings Ram Shah,Prithvi Narayan Shah and RanaBahadur Shah had based on Hindu Religiousscriptures. Which tried to control social crime andtried to maitain social norms and value. But it was soprimitive type of legal system .So that it hadaddressed only few dimension of modern humancivilization .
  • 20. THANK YOU !
  • 21. Any Question????????????????

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