2. MULUKI AIN 1910 AND
BEYOND
INTRODUCTION
It was promulgated in January 1854. This Ain was
the then Prime Minister Junga Bahadur Rana’s
greatest and most lashing accomplishment. It
was based upon the Sanstras, moral principles
and experience of the law. It was a
comprehensive attempt t o regulate all aspects of
social, religious and commercial life.
3. This Ain was promulgated under the Red Seal of
the then King Surendra. This Ain was instructed
to follow strictly to all the people and officials.
Although the Muluki Ain of 1854 was modified from
time to time, it contained as the legal code of
Nepal until 1962. It was made to enforce all over
the Kingdom
4. FEATURE
It is about 1400 pages.
It imposed a complete ban on gambling and had
legal provisions for the legal issues of that time
such as Sati system, theft, murder, etc.
It was based on premise that it was everyone’s
responsibility to maintain law and order otherwise
the people were fined or imprisonment.
It was based upon the Sanstras.
The general principle was loss of life was to be
paid by loss of life.
5. NAYA MULUKI AIN 2020 AND
BEYOND
INTRODUCTION
This Muluki Ain was promulgated by the then
King and came into force the same year. It was of
secular state. It describes the proper form and
procedure to write plaint,defence, judgment,
appeal, etc. It explains the way how summons or
warrant should be issued or served. The Muluki
Ain has been examining the contemporary
society of Nepal and is the pioneer law of Nepal
6. Feature
It is the first secular criminal law of Nepal.
It is divided into five chapters.
It initiated the process of modernization and
democratization in punishment system.
It embodies matters related to criminal law.
It also contains provisions of punishment
emerging of litigation of civil nature.
7. ERA OF SPECIAL STATUTES
INTRODUCTION
After the promulgation of the Interim Government
Nepal Act,2007 B.S which incorporated principle
of personal liberty, theory of check and balance,
independence of judiary and other were
established. As per the provision of this act,
Pradhan Nyayalaya Act 2008 was formulated. It
was influenced by the British and Indian tradition.
This act for the first time introduced the doctrine
of precedent and writ system in Nepal.
8. Within the period of 2007 to 2017 some acts and
rules have been enacted. Some of the rules and
acts are: Black Marketing Control Act 2009, The
High Court Act 2008, etc. Judicial administration
during the period were also remarkable. After the
judicial administration act couldnot be enforced,
Supreme Court Act was enacted in 2013.
According to this act, supreme court would be the
court of record.
9. LEGAL SYSTEM AND
ADMINISTRATION OF JUSTICE:
PERIOD FROM 2017 TO 2047 BS
INTRODUCTION
The duration of 2017 to 2047 is said to be the
period of the party less Panchayat era. The king
was the fountain of all the powers during this
period.
FEATURE
The inhuman treatment present in Muluki ain
1919 were removed.
The regional courts were established.
10. The muluki ain of nepal has been amended as
per the aspiration of people
The punishment in Muluki Ain are moderate not
so rigid.
It has been aimed at reforming the criminals.
11. LEGAL SYSTEM AND JUDICIAL
ADMINISTRATION PERIOD FROM
2047 B.S
INTRODUCTION
The mass movement of Nepal 2046 towards the
multi-party democratic system and towards the
limited ceremonial roles of King. The institution of
monarchy was also put in the status of
unalterable or essential features of this
constitution, Constitution of Kingdom of
Nepal,2047. The King was the hea of executive
indirectly.
12. CONSEQUENCES
Various economical, social culture, collective
rights have been recognized as the fundamental
right. Likewise in the protection of the
fundamental rights, the roles and functions of
Supreme Court has been increased.