NEB Class 12 · Exam intelligence
From 2 NEB Class 12 past papers: the chapters that keep coming back and their most important questions, each with a solved model answer. No guarantees; study the whole syllabus.
From the most-tested chapters first, each with a solved model answer.
अपराधमा उद्योगसँग सम्बन्धित सिद्धान्तहरूको विवेचना गर्नुहोस् । / Analyze the principles relating to attempt to crime. अथवा (Or) साधारणतया अपराधको सोच राख्नुलाई सजाय दिइँदैन तर उद्योगलाई सजाय दिईन्छ । कानुनले किन अपराधको सोच राख्ने र उद्योग बीच यस्तो भिन्नता राख्दछ ? एउटा सरल उदाहरणसहित व्याख्या गर्नुहोस् । / "Thinking about a crime is usually not punished but an attempt is always punished." Why does the law make this difference? Explain with a simple example.
Criminal law looks at more than just completed crimes. It also looks at conduct that moves dangerously towards crime. The principles about attempt (उद्योग) sit at the centre of this. The best way to approach the topic is through the four stages of a crime. The first stage is intention (मनसाय). This is the forming of a guilty mind. The second stage is preparation (तयारी). Here the person arranges the means to carry out the plan. The third stage is attempt (उद्योग). This is a direct act done towards the offence once preparation is complete. The fourth stage is commission or accomplishment (सम्पादन). Here the offence is actually carried out and the intended harm results.
The general rule is that the law does not punish the first two stages. Mere intention is not punished. A guilty thought that stays in the mind harms no one. In any case, it cannot be proved. Mere preparation is usually not punished either. Preparatory acts are often innocent by themselves. For example, buying a knife may be for cooking, not killing. It is also hard to be sure a crime would have followed. So the law draws its line at attempt. Once a person does a direct act aimed at the offence, the danger is real. The criminal intent is now firm. So the Muluki Penal Code 2074 treats the attempt as an offence. It is punishable generally at a lower level than the completed crime. This is commonly up to half the prescribed punishment.
This explains why "thinking about a crime is usually not punished but an attempt is always punished". The difference rests on harm and proof. A thought is private. It is harmless. It cannot be proved. An attempt is different. It is a visible and dangerous act. It shows the offender is ready to cause the harm. It shows he has already begun to do so. The law steps in at this point for two reasons. It wants to prevent the completed offence. And it wants to protect society. A simple example makes this clear. Suppose a person only wishes an enemy dead. No crime is committed. Suppose that person then buys poison. There is preparation, but usually still no offence. But now suppose the person mixes the poison into the enemy's food and serves it, meaning to kill. He has attempted murder. He is punished. This is true even if the enemy notices the poison in time and survives. The firm intent turned into a dangerous act is what the law punishes. It does not matter whether the final harm actually follows.
The lower penalty for attempt also makes sense. The attempter has shown the same wicked intent as one who succeeds. He has already put the victim in danger. That is why the act is punished at all. But the final harm did not actually happen. So the law treats the attempt as somewhat less serious than the completed offence. In this way the law balances two concerns. It steps in early enough to stop crime and to deal with dangerous offenders. Yet it still grades the punishment by whether the harm was actually done.
Q. निजी रक्षा भन्नाले के बुझ्नुहुन्छ ? वर्णन गर्नुहोस् । / What do you mean by private defense? Explain.
Private defence (निजी रक्षा) is a general defence in criminal law. It allows a person to protect himself and others from an unlawful attack. Under the Muluki Penal Code 2074, a person may use reasonable and necessary force. He may use it to defend his own body or another person's body. He may also use it to protect his own or another's property (सम्पत्तिको रक्षा). The attack he defends against must be about to happen or already happening, and it must be unlawful. When force is used within these limits, the harm caused is not an offence. The law does not expect a person to stand by helplessly while being attacked. This is especially so where the help of the state is not available right away.
The right has clear limits. The force used must be proportionate to the threat faced. It must be used only against the attack. It must be used only while the danger lasts. It cannot be used for revenge after the threat has passed. It also may not cause more harm than is reasonably needed. Take an example. A robber attacks a person with a stick. The person may lawfully strike back to fend off the blows and escape. But suppose the robber then flees, and the person chases and kills him. That is revenge, not defence. The defence fails. Take another case. A person exceeds the limits by killing an attacker who posed only a minor threat. Then liability follows. So private defence balances two things. It respects a person's natural right to protect life and property. And it respects the state's interest in preventing excessive private violence.
Q. अपराधका चरणहरु उल्लेख गर्नुहोस् । / Mention the stages of crime.
Criminal law sees that a crime develops through four stages. It then decides at which stage punishment becomes proper:
The movement through the stages can be seen in one example. A person decides to kill his enemy. That is intention. He buys poison. That is preparation. He mixes it into the enemy's food and serves it. That is attempt. The enemy eats it and dies. That is commission. So the law steps in from the stage of attempt onwards. It punishes the offender once a firm criminal intent has been turned into a dangerous act.
'कानुनको अज्ञानता क्षम्य हुँदैन' भन्ने सिद्धान्तलाई एक उपयुक्त उदाहरणसहित प्रस्ट पार्नुहोस् । / Illustrate with a suitable example the principle of 'Ignorance of law is no excuse'.
The maxim ignorantia juris non excusat means ignorance of law is no excuse (कानुनको अज्ञानता क्षम्य हुँदैन). It lays down a clear rule. A person who breaks the law cannot defend himself by saying he did not know such a law existed. Two reasons justify this principle. First, laws are made in public and published. So every member of society is presumed to know the law. Second, suppose ignorance of law were accepted as a defence. Then every accused would simply plead it. Knowledge could never be proved. The whole legal system would become impossible to enforce.
This must be kept separate from a mistake of fact (तथ्यको भुल). A mistake of fact can be a valid defence. An honest and reasonable mistake about a fact may excuse a person. This is because his act would not have been wrong if the facts were really as he believed. Ignorance of the law, however, is not excused.
Here are some examples. A trader sells a restricted good. He cannot escape punishment by saying he did not know a law banned its sale. He is presumed to know the law. He is liable all the same. Take another case. A person carries a weapon without the required licence. He cannot plead that he did not know a licence was needed. Take a third case. A traveller brings in goods that the law prohibits. He cannot escape by claiming he had not read the rule. In each case the ignorance is of the law, not of a fact. So it gives no defence. The person is held liable. This rests on the idea that everyone is taken to know the law of the land.
Short notes (re-tiered to [1 mark])
An ex-post facto law (भूत प्रभावी कानून) is a law applied backwards in time. It is used against acts done before it came into force. In criminal law such backward use is prohibited. A person may be punished only under the law that was in force when he did the act. The Constitution of Nepal 2015 guarantees this protection as a fundamental right.
'अपूर्ण अपराध / कसुर' को एक उदाहरण दिनुहोस् । / Give an example of an 'Inchoate offence'.
An attempt (उद्योग) to commit an offence is an example of an inchoate offence (अपूर्ण अपराध). For instance, a person fires a gun at another meaning to kill, but misses. He has attempted murder. Criminal conspiracy and abetment are other examples. These are offences that are begun but not completed. They are still punishable.
Q. स्त्रीधनको अर्थ, परिभाषा र प्रकार उल्लेख गर्दै यसको उत्तराधिकारी सम्बन्धी कानूनी व्यवस्थाबारे वर्णन गर्नुहोस् । / Mention the meaning, definition and type of women's property, and describe about its succession.
Women's property means property that a woman holds in her own right. It is different from property held jointly by the family's male members. Nepali law on this subject has changed a lot. The change is from a narrow separate category to full equality. That change is the heart of a good answer.
Under the old law, a woman's own property was a separate category. It was commonly called स्त्रीधन. There were related terms like पेवा and दाइजो. The woman held this property specially. Her rights over it were treated apart from the main family property. The rules for who inherited it were also separate. The old picture was simple. A woman's economic position rested on a separate fund. This fund was often smaller than a full share of the family estate. In practice, a daughter might depend on a modest personal fund. Meanwhile, most of the ancestral land passed through the male line.
The Muluki Civil Code 2074 (2017) has mostly dissolved this separate category and replaced it with equality. A woman is now a coparcener in her own right. She is entitled to an equal share in family and ancestral property, on the same footing as male members. A daughter inherits equally with a son. A wife shares in the family property. And any property a woman earns by her own effort is her self-acquired property. She has full freedom to use it and give it away. For example, a daughter who is a coparcener can ask for partition. She takes a share equal to her brother's. A woman who buys a shop with her own earnings may sell or gift it freely. This reform follows the Constitution. The Constitution guarantees equal property rights for women. It also bans discrimination based on sex.
Now consider the succession of a woman's property. It now follows the normal rules of अपुताली. When she dies, her property goes to her nearest heirs. This follows the order of relationship fixed by the Code. Sons and daughters take equally. The property goes to more distant relatives only where the near ones do not exist. If there is no heir within the recognised degrees, the property escheats to the Government of Nepal. In short, women's property has moved a long way. It has gone from a narrow, separate category to full and equal participation in family property and in the general law of succession.
मुलुकी देवानी संहिता, २०७४ अनुसार 'अंशबण्डा र अपुताली' सम्बन्धी कानुनी व्यवस्थाहरूको विस्तृत विवरण दिनुहोस् । / Detail the legal provisions regarding 'Partition and Succession/Inheritance' as per Muluki Civil Code, 2074 (2017).
The Muluki Civil Code 2074 (2017) treats property as a central civil right. It sets out in detail how family property is divided during life. This is done through partition. It also sets out how property passes on death. This is done through succession. Both rest on one key value of the Code: equality between sons and daughters. Both are made certain through registration and mutation of records.
(a) Partition (अंशबण्डा). Partition means dividing the joint family property. Each member then takes a separate share to hold in their own name. The people entitled to a share are the coparceners (अंशियार). They are broadly the husband, wife, father, mother, son and daughter living in the joint family. The Code's main principle here is equality. Each coparcener gets an equal share. A son and a daughter have an equal right in ancestral property. This was a major reform from the old law, which gave daughters less.
Here is an example. Think of a joint family with a father, a mother, a son and a daughter. They hold ancestral land. On partition, it is divided into four equal portions. The daughter takes the same as the son. Any coparcener may ask for partition. It is given legal effect through a partition deed (अंशबण्डाको लिखत). This deed names the property and the shares. The property is immovable, so the deed is registered. The land records are then corrected by mutation (दाखिल खारेज) at the land revenue office (मालपोत कार्यालय). Each sharer's name is entered against their portion. The family's debts are divided along with its property. So a separated coparcener takes both the share and the matching burden. Sometimes the coparceners cannot agree. Then a coparcener may go to court. The court orders division on the same equal-share basis.
(b) Succession and inheritance (अपुताली). Succession decides who gets a person's property when they die. It applies when the person died without partitioning their property in their lifetime. The Code lays down an order of heirs based on nearness of relationship. The property passes first to the closest relatives. These are people like the surviving spouse, sons and daughters, and others of the immediate family. It passes to more distant relatives only if the near ones do not exist. Here too, sons and daughters inherit equally. For example, say a man dies owning an unpartitioned house. He leaves a widow, a son and a daughter. These three take as the nearest heirs. The son and daughter share equally.
One more rule completes the scheme. Sometimes a person dies leaving no heir at all within the recognised degrees of relationship. The property does not become ownerless. It escheats to the Government of Nepal (नेपाल सरकार).
Taken together, partition and succession make sure family property always has a clear, lawful owner. Division is recorded in public through registration and mutation. This keeps titles certain. And the Code's value of equality between sons and daughters runs through both the division of property during life and its inheritance after death.
Q. अंशवण्डा गर्ने कार्यविधिको बारेमा संक्षेपमा वर्णन गर्नुहोस् । / Explain about the procedure of partition.
Under the Muluki Civil Code 2074, the procedure for partition (अंशबण्डा) goes through these steps:
Sometimes the coparceners cannot agree. Then a coparcener may go to court. The court orders division using the same rules.
Q. नेपाल सरकारमा अपुतालीको हक कायम हुने अवस्थाका बारेमा वर्णन गर्नुहोस् । / Explain the condition to establish the right of inheritance to Nepal Government.
Under the Muluki Civil Code 2074, succession (अपुताली) first gives property to the deceased's nearest relatives. This follows the order fixed by the Code. The right of inheritance of the Government of Nepal comes last. It arises only in specific conditions:
So the Government's right of inheritance is a fallback only. It makes sure every piece of property has a lawful owner. At the same time, it keeps the family's claim first.
Q. लिखतहरु रजिष्ट्रेशन गर्दा हुने फाइदा र महत्त्वको बारेमा प्रकाश पार्नुहोस् । / Highlight the advantage and importance of registration of deeds.
Registration of deeds means the official recording of a transfer document. The document may be a sale, gift or partition deed. It is recorded with the right office. Its advantages and importance are:
For these reasons, registered deeds give security and confidence to property dealings.
Q. देवानी कानूनको प्रकृति र क्षेत्र उल्लेख गर्नुहोस् । / Mention the nature and scope of civil law.
Civil law is a branch of private law. It governs the rights and duties of people in their dealings with one another. It also gives remedies when those rights are broken. Criminal law treats a wrong as an offence against society. Civil law is different. It treats a wrong as a private matter between the parties. It seeks to restore the loss, not to punish. The best way to give a full account is to look at its nature and its scope.
(a) Nature of civil law. Civil law is private, corrective and compensatory. It is private because it governs relations between individuals (one person against another). It does not govern relations between the individual and the state. It is corrective and compensatory because of its object when a right is broken. Its object is to put the injured party back in the position they would have been in if the wrong had not happened. It does this through remedies such as compensation, restitution, specific performance, partition or a declaration of right. For example, suppose a seller takes payment for a plot of land but then refuses to register the transfer. Civil law does not imprison the seller. Instead it compels the seller to complete the transfer. Or it orders the return of the money with compensation. The case is started by the person who was harmed (the plaintiff, वादी). It is brought against the wrongdoer (the defendant, प्रतिवादी). The burden of proof lies on the plaintiff. The dispute is decided on the balance of probability. This is a lighter standard than the criminal "beyond reasonable doubt".
(b) Scope of civil law. The scope of civil law is broad. It reaches into most of ordinary life. Property law governs ownership, partition (अंशबण्डा), succession and inheritance (अपुताली), gift (दान, बकस) and the registration of deeds. It decides who owns what and how ownership passes on. Family law governs marriage, divorce (पारपाचुके) and adoption. It controls the most personal relationships. The law of contract and obligations governs how agreements are formed, performed and enforced. It also governs what happens when they are broken. This is the backbone of business and everyday dealings. The law of compensation for private wrongs (torts) gives relief for harm caused to a person or their property outside a contract. For example, one family quarrel over inherited land may raise several civil matters at once. It may raise a partition claim, a succession question and a dispute over a registered deed. All of these fall within civil law.
In Nepal, most of this field is now written in the Muluki Civil Code 2074 (2017). This code brought property, family, contract and obligation law into one modern code. It rests on principles such as good faith (सद्भाव), protection of acquired rights, a remedy for every wrong, and limitation (हदम्याद). In short, civil law is private in nature and corrective in purpose. Its scope covers property, family, contract and the compensation of private wrongs. This makes it the body of law that orders the everyday legal relations of ordinary people.
मुलुकी अपराध संहिता, २०७४ मा उल्लेख भए बमोजिम कुटपिट सम्बन्धी अपराधको बारेमा विश्लेषण गर्नुहोस् । / Critically analyze the crime relating to hurt as stated in the Muluki Penal Code, 2074 (2017).
Hurt (कुटपिट) is one of the main offences against the person in the Muluki Penal Code 2074. It protects the most basic interest a person has. That interest is the safety and wholeness of the body. In simple words, hurt means causing bodily pain, injury or harm to another human being. A full analysis of the offence should look at four things. What the offence consists of. How the Code grades it. What makes it worse. And what defences may apply.
The essence of the offence is simple. It is a voluntary act that causes bodily harm to another person. The act must be done with the intention of causing hurt. Or it must be done with the knowledge that hurt is likely to follow. Accidental contact with no fault is not hurt. There must be a guilty act joined to a guilty mind. This reflects a general rule of criminal law. Criminal liability needs both a guilty act (actus reus) and a guilty mind (mens rea). Here is an example. Suppose two people collide by pure accident in a crowd. One of them is bruised. There is no offence. This is because there is no guilty intention or knowledge.
The most important feature of the Code is clear. It grades hurt by seriousness. It does not treat every injury the same. At the lower end is simple or ordinary hurt. This is bodily harm that is neither serious nor lasting. It carries a fairly light punishment. A slap that leaves a bruise is of this kind. So is a small cut that soon heals. At the higher end is grievous hurt (गम्भीर चोट). This covers injuries of a serious nature. Examples are the fracture of a bone, or the loss of an organ, or the permanent weakening of an organ. It also covers the loss of a sense such as sight or hearing. It covers permanent disfigurement of the face. And it covers any injury that puts the victim's life in danger. The harm here is lasting and may threaten life. So grievous hurt carries a much heavier sentence. Here is an example. A blow with a heavy stick that breaks the victim's arm is grievous hurt. A shove that causes only a bruise is simple hurt. The Code punishes the two very differently.
The Code also recognises aggravating circumstances. These increase the punishment. Causing hurt with a dangerous weapon is one. So is causing hurt by poison, or by fire or acid. These are treated more seriously than hurt caused by ordinary means. There are two reasons. The method is more dangerous. And it shows greater cruelty. An acid attack that disfigures the victim's face is a grave example of aggravated hurt. The punishment is also heavier when the victim is especially vulnerable. This includes children, pregnant women, the elderly and the helpless. The sentence also rises when hurt is caused in order to commit or hide another crime. In each case the law raises the sentence to match the greater wrong.
Against all this, the Code allows defences. The clearest is private defence. This means protecting your own body, or another person's body, from an unlawful attack. A person who causes hurt in reasonable and proportionate self-defence commits no offence. Here is an example. Suppose Y strikes an armed robber to fend off an attack. The force Y uses is reasonable. Y causes hurt, but Y commits no offence. Other things can also defeat liability. One is the absence of the required intention or knowledge. Another is a genuine accident.
Assessed as a whole, the law of hurt in the Muluki Penal Code 2074 is a good example of proportionate criminal justice. It separates trivial harm from serious harm. It punishes dangerous methods and cruelty to the weak more heavily. And it leaves room for honest self-defence. So the sentence tracks the true gravity of the injury done to the victim. (The comparative scheme stated here is reliable. Exact imprisonment terms and fine amounts are fixed by the relevant sections. They should be confirmed against the current text of the Code.)
Q. नेपालको प्रचलित कानूनमा धर्मपुत्र-धर्मपुत्री राख्ने सम्बन्धमा रहेको व्यवस्थाको व्याख्या गर्नुहोस् । / Describe the provisions for adoption in prevailing Nepalese law.
The prevailing law on adoption in Nepal is the Muluki Civil Code 2074 (2017). It lets a person keep another's child as a धर्मपुत्र / धर्मपुत्री. In law, the child then becomes his or her own. The main provisions can be set out as follows.
(a) Who may adopt. The adopter should normally have no son or daughter of their own. The reason is that adoption is meant to give a childless family a child. A single person or a married couple may adopt. They must follow the conditions of the Code.
(b) Conditions of age and difference. The adopter must have reached the mature age fixed by law. The adopter must also be older than the adopted person by a reasonable gap. This gap makes a genuine parent-child relationship possible.
(c) Consent. The child's biological parents or guardian must give consent. If the child is old enough to understand, the child must consent too. This way, adoption is not forced on anyone.
(d) Limits. The Code limits how many children a person may take, and of which sex. So a person may not take both a son and a daughter if that breaks these limits.
(e) Process and registration. The adoption must be done through the proper legal process. It must be registered. A mere private arrangement is not enough. Registration gives the adoption legal effect. It also lets the adoption be proved.
For example, a childless couple complete the legal process to adopt a relative's orphaned child. They register it. This creates a valid adoption. But another couple simply raise a child informally, without that process. They have not created a valid adoption. Once the conditions are met, the adopted child is treated as a natural child. The child then gets rights of maintenance, family name, and partition and inheritance in the adopting family.
Q. अपहरणका सम्बन्धमा नेपालको कानूनी व्यवस्थाका बारे उल्लेख गर्नुहोस् । / Explain the Nepalese legal provision regarding kidnapping.
Kidnapping and hostage-taking (अपहरण तथा शरीर बन्धक) are offences against the person and against personal liberty under the Muluki Penal Code 2074. The law can be explained in these points.
Here is an example. Suppose a group seizes a businessman. They hold him captive. At the same time they demand a ransom from his family. This is kidnapping for ransom. It is treated far more seriously than a brief unlawful detention. This is because the purpose is to extort money. The victim's liberty and safety are both in danger. In short, Nepalese law treats kidnapping as a serious crime against liberty. The more harmful its purpose, the more severe the punishment. (Exact sentence lengths should be verified against the relevant sections of the current Code.)
देवानी कानुनमा वादी र प्रतिवादी कसलाई भनिन्छ ? परिभाषा दिनुहोस् । / Who are the plaintiff and defendant called in civil law? Define. अथवा (Or) मुलुकी देवानी संहिता, २०७४ अन्तर्गत रहेका देवानी कानुनका सिद्धान्तहरू वर्णन गर्नुहोस् । / Describe the principles of civil law as outlined under the Muluki Civil Code, 2074 (2017).
(a) Plaintiff and defendant. A civil case has two opposing sides. The plaintiff (वादी) is the person who files the suit. The plaintiff claims that one of their rights has been violated. The plaintiff asks the court for a remedy. The remedy may be compensation, partition (अंशबण्डा) or a declaration of right. The defendant (प्रतिवादी) is the person the claim is brought against. The defendant must answer it with a defence. For example, suppose a tenant refuses to leave after the lease ends. The owner files the suit, so the owner is the plaintiff. The tenant is the defendant. The plaintiff is the one who makes the claim. So the burden of proving it rests on the plaintiff. The plaintiff must prove the case on the balance of probability. If the owner cannot prove the lease has ended, the claim fails.
(b) Principles of civil law under the Muluki Civil Code 2074. The code is built on a set of guiding principles:
यदि कुनै दम्पतिले दस बर्षीय बच्चालाई अदालती प्रक्रिया अनुसार धर्मपुत्र / धर्मपुत्री राख्ने मान्यता प्राप्त गरेका छन् भने त्यस्तो बच्चाको कानुनी हैसियत के हुन्छ ? / If a ten year old child is adopted by a couple through court proceedings, what will be the legal status of that child?
A couple has adopted a ten year old child through the proper court proceedings. This is done under the Muluki Civil Code 2074. So the adoption is valid. From that point, the child's legal status changes completely. The law now treats the child as their own. The main effects are these.
(a) Treated as a natural child. In law, the adopted child (धर्मपुत्र / धर्मपुत्री) is now the child of the adopting couple. The child can use their family name. The child also has the right to be maintained, educated and brought up by them.
(b) Property rights. The child becomes a coparcener in the adopting family. A coparcener is a family member with a right in the joint family property. So the child can claim a share in partition (अंशबण्डा). The child can also inherit (अपुताली) the adopter's property. The child holds these rights on the same footing as a child born to them.
(c) Duties. In return, the child owes the normal duties of a child. These include respect for the adopting parents. They also include the care and support of those parents in their old age.
(d) Tie with birth family. The legal link with the original family is generally cut. So the child usually no longer has a right of inheritance or partition in the biological family. The law does not allow a full child's share in two families at once.
For example, the adopting father later dies. He leaves land and a house. The ten year old is now his son in law. So the child claims a child's share exactly as a natural son would. But the child usually cannot also claim a share from his birth parents. In short, the court-recognised adoption gives the ten year old the full legal position of a natural child of the couple.
नेपालमा धर्मपुत्र / धर्मपुत्री बदर हुने वा बदर गराउन सकिने कानुनी व्यवस्थाहरू बारे वर्णन गर्नुहोस् । / Explain the legal provisions regarding the revocation of adoption in Nepal.
Under the Muluki Civil Code 2074, adoption (धर्मपुत्र / धर्मपुत्री) is meant to be a lasting relationship. Even so, the law accepts that it may be cancelled or revoked (बदर) in certain situations. This is not left to the private wish of the parties. It is allowed only on recognised grounds. It is normally done through a court or the proper legal process. The main grounds are these.
(a) Breach of legal conditions. The Code requires certain conditions, such as the rules on age, eligibility or consent. An adoption made without meeting these conditions can be challenged and set aside as invalid. For example, a person already had a child of his own but still adopted. This breaks the condition. So that adoption may be undone.
(b) Fraud or coercion. The adoption may have been brought about by fraud or coercion. It may also have been brought about by hiding important facts. In such a case, the adoption may be revoked. The reason is that genuine consent was missing.
(c) Serious misconduct. The relationship may be ended for serious misconduct. This happens when the adopted child gravely mistreats, harms or abandons the adopting parents. For example, a grown adopted son drives his aged parents out and denies them support. It can also happen when the adopter seriously fails in the duties of a parent towards the child.
When an adoption is validly revoked, the artificial parent-child relationship comes to an end. The rights of inheritance and partition (अंशबण्डा) that came from it also fall away. So the former adopted child usually loses the share he or she could otherwise have claimed. The precise grounds and procedure are laid down in the Code.
डकैती कस्तो प्रकारको अपराध हो ? डकैतीमा हुने कानुनी सजायको व्याख्या गर्नुहोस् । / What type of crime is dacoity? Interpret the provisions of the punishment for dacoity.
Dacoity (डकैती) is a serious offence against property under the Muluki Penal Code 2074. It is a form of robbery. Robbery means theft committed by using force, or by threatening force. It becomes dacoity when a group or band of persons carries it out together. Its nature can be explained in a few points.
A simple example shows why the law is strict. Suppose six persons break into a family home at night. Some of them are armed. They threaten the people inside. Then they carry away cash and gold ornaments. This is not an ordinary theft. It is a dacoity. This is because a band did the taking by using force and fear. The whole household was put in danger. Each member of the band is liable. This is true whether a member entered the house or kept watch outside. In short, dacoity is punished strictly. It combines greed, violence and group action. This makes it one of the most dangerous property offences. (Exact sentence lengths are set by the relevant sections of the Code. The comparative severity stated here is reliable. The precise numbers should be verified against the current text.)
Short notes (re-tiered to [1 mark])
A son or daughter (धर्मपुत्र / धर्मपुत्री) is validly adopted under the Muluki Civil Code 2074. In law, this child has the status of a natural child of the adopter. The child is entitled to the adopter's family name and to maintenance. The child also has a right to a share in partition (अंशबण्डा) and inheritance (अपुताली) of the adopter's property. At the same time, the inheritance tie with the birth family is generally cut.
पारिवारिक कानुन केलाई भनिन्छ ? / What is a family law called?
Family law is a branch of civil (private) law. It governs the relations that arise within a family. These include marriage, partition (अंशबण्डा), succession and inheritance (अपुताली), and adoption. In Nepal it is now written mainly in the Muluki Civil Code 2074 (2017).
देवानी र फौजदारी न्याय बीच किन भिन्नता छुट्याउन आवश्यक छ ? / Why is it necessary to distinguish between civil and criminal justice?
We must separate them because the two differ in purpose, parties and proof. Civil justice compensates a private party, and it is decided on the balance of probability. Criminal justice punishes an offence against the state, and it must be proved beyond reasonable doubt. Knowing the difference tells us which procedure, parties and remedy apply to a given dispute.
लिखत सम्बन्धी कुनै दुई अपराध लेख्नुहोस् । / Write any two crimes relating to the offence against documents.
Here are two offences relating to documents under the Muluki Penal Code 2074. The first is forgery (कीर्ते). This means making a false document or a false entry in order to deceive. The second is the use of a forged document as genuine. This means passing off a false or tampered document as a true one. A further example is dishonestly changing a genuine document.
Q. अपराधका तत्वहरुको वर्णन गर्नुहोस् । / Explain the elements of crime.
A crime is not just any wrong. It is a wrong that the law defines as punishable. For an act to amount to a crime, certain essential elements must come together. If any one of them is missing, the act usually cannot be treated as a complete crime.
The first element is a person with legal capacity. There must be a human actor. The law must recognise this actor as able to commit an offence. It must also recognise him as able to be held responsible for it. Some people wholly lack this capacity. For example, a very young child is treated differently.
The second element is the actus reus, the guilty or forbidden act. This is the external, physical side of the crime. It covers the wrongful conduct itself. That conduct may be a positive act, which means doing what the law forbids. It may also be an omission, which means failing to perform a legal duty. The actus reus also includes the attending circumstances and the harmful consequence that flows from the act. The law punishes conduct and not bare thoughts. So there is no crime without some actus reus.
The third element is the mens rea, the guilty mind. This is the mental or internal side of the crime. It is the blameworthy state of mind with which the act is done. It may be intention. It may be knowledge. It may be recklessness, which means consciously running an unjustified risk. It may be negligence (हेलचेक्र्याईं), which means a want of the care a reasonable person would take. The rule depends on the offence. The more serious the offence, the higher the degree of mens rea the law generally demands.
The fourth element is injury or harm. This is the actual or threatened damage to a legally protected interest. Such an interest can be life, the body, property, reputation or public order.
The heart of the matter is simple. The guilty act and the guilty mind must usually exist together. The maxim actus non facit reum nisi mens sit rea makes this clear. An act does not make a person guilty unless the mind is also guilty. A concrete example shows how the elements work. Suppose A intends to kill B. A shoots and kills him. There is a capable person (A). There is a guilty act (the shooting). There is a guilty mind (the intent to kill). There is harm (B's death). So the crime of homicide is complete. Now change the facts. Suppose A is driving carefully and within the law. A person suddenly runs into the road. A cannot avoid him and knocks him down. The harm is there, but the guilty mind is absent. So A is not guilty of an intentional crime. Questions of negligence would still be examined. A limited class of strict-liability offences is different. For them the act alone is enough. But as a general rule, all these elements are needed before a person can be convicted of a crime. Above all, the union of actus reus and mens rea is needed.
Q. नेपालको फौजदारी कानूनको संक्षिप्त इतिहास व्याख्या गर्नुहोस् । / Describe the brief history of criminal law of Nepal.
Criminal law in Nepal has developed over a very long time. It moved from unwritten custom towards a modern written system. Its history is usually studied through the dynasties that ruled the country one after another. Tracing it period by period shows a steady growth in organisation. In the end it shows a decisive shift towards equality before the law.
The earliest stage is the Kirat period. The Kirats are the oldest dynasty that Nepal's history traditionally counts. They left no written penal code. Their justice rested on custom and community practice. Their wider moral tradition is linked to an oral inheritance called the Mundhum. An oral inheritance means teachings passed on by speech, not by writing. The Kirat state was simple and based on kin. So wrongdoing was handled within the community. Punishment leaned towards fines, compensation and restitution, or exile. Death was not usual. The standard example is a killing. It was commonly answered by banishing the offender or by a payment to the victim's family. So the early system is remembered as fairly mild.
The Licchavi period brought an organised state. The Licchavis left stone inscriptions (abhilekh). These are writings carved on stone that still survive. They reveal a settled royal government. In it the king was the source of justice, helped by officials. Offences and punishments were now recognised by the state. The influence of religion and the Dharmashastra is clear. It joined law closely to morality. It also grounded the ruler's duty to punish wrong and protect his subjects. A dispute that might once have been settled within the village could now be brought before royal officials. So the state took on responsibility for justice.
The Malla period put law on a systematic, written footing. Jayasthiti Malla is credited with reorganising society and law. He did this along Hindu Dharmashastra lines. The era is linked to the Manava Nyaya Shastra (मानव न्याय शास्त्र). People regard it as an early written statement of law and procedure. Disputes were heard through courts and officials. But punishment stayed caste-graded. It depended on the status of the parties, not on equality before the law. So the same act could draw a different penalty. It depended on the caste of those involved.
The Shah period carried royal justice across the unified kingdom. Its landmark is the Muluki Ain of 1910 BS (1854 AD). It was issued under Jung Bahadur Rana. This was Nepal's first full written national code. It applied a single body of civil and criminal law across the country. This was a major advance towards uniform justice. But it still graded offences and punishments by caste and status.
The modern period is one of steady reform. Caste-based discrimination in the law was abolished. The usual turning point is the 2020 BS / 1963 AD revision of the Muluki Ain. The judiciary became independent. A separate prosecution service developed. Today the system rests on the Constitution of Nepal 2015. It guarantees rights such as the right against torture and a fair trial. It also rests on the Muluki Civil Code 2074 and the Muluki Penal Code 2074 (2017), in force from 2018. These replaced the old Muluki Ain with a modern, equality-based system. It has written offences. It follows the principle of legality. It has a clear court hierarchy headed by the Supreme Court. It also has reformative punishments such as community service. The contrast between the two ends of the story makes the progress plain. Once, the punishment for an act could depend on the caste of the parties. Today the Penal Code defines the offence and its punishment in the same terms for everyone. So Nepal's criminal law has travelled from community custom to a modern code founded on equality before the law.
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