NEB Class 12 · Past paper
The complete NEB Class 12 2083 exam paper for Legal Drafting, all 5 questions with solved model answers.
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विधायिकी मस्यौदाको परिभाषा दिनुहोस् । / Define legislative drafting.
Legislative drafting (विधायिकी मस्यौदा) is the special art of preparing the text of laws. This means constitutional provisions, statutes, ordinances, rules and regulations. The language is precise and systematic, and it binds the whole society.
Q1 / Q15. अभियोगपत्र तयार गर्दा ध्यान दिनुपर्ने कुराहरू के के हुन् ? न्याय सम्पादनमा यसको महत्त्व के छ ? / What must be considered in preparing a charge sheet, and what is its importance in the administration of justice?
The charge sheet (अभियोगपत्र) is the document by which the state brings a criminal case before the court. The state acts through the public prosecutor, after the police have investigated. Under the National Criminal Procedure Code 2074, with its registration the court's criminal procedure formally begins. So two things matter here. One is the points to consider in drafting it. The other is its importance in the administration of justice.
In preparing a charge sheet the drafter must take care of several matters. It must state the details of the accused accurately. Then the right person is tried, not an innocent namesake. It must give a clear and complete statement of the offence. This means the date, time and place and the manner in which it was committed. The accused is entitled to know exactly what is alleged. It must set out the facts and the evidence collected in the investigation. These must link the accused to the offence. The court decides on that material. It must specify the exact law and the offence charged. A person can only defend himself against a definite charge. It must state the punishment or relief demanded. And it must be drafted in clear, accurate and unambiguous language, in the proper form. Any defect may let a guilty person escape. Or it may wrongly burden an innocent one.
Consider an illustration. The police investigate a burglary. They conclude that Haribahadur broke into Rambahadur's house and stole cash and ornaments. They recover some of the articles from him. The prosecutor's charge sheet must name Haribahadur with his particulars. It must describe the break-in, with its date, time and place. It must set out the evidence: the recovered articles, the witnesses and the manner of entry. It must charge the offence of theft under the penal law. And it must demand the prescribed punishment. On that document the trial will proceed.
Its importance in the administration of justice is considerable. The charge sheet defines the accusation. So it tells the accused what case he has to meet. It lets him prepare his defence. This serves the right to a fair trial that the Constitution of Nepal 2015 guarantees. It frames the issues the court will try. It confines the trial to them. This prevents the prosecution from shifting its case. It records the state's evidence and reasoning. This gives the court the basis on which to decide. And it requires the prosecution to commit its case to writing. This guards against arbitrary or casual prosecution. The state must show a definite, evidenced accusation before a person is put on trial. For all these reasons a carefully drafted charge sheet is essential to a fair and effective criminal justice system. A careless one can defeat justice in either direction.
अंशवण्डा लिखतमा खुलाउनुपर्ने दुईवटा तत्त्वहरू उल्लेख गर्नुहोस् । / State any two elements to be mentioned in a deed of partition.
A deed of partition (अंशबण्डा) divides joint family property among the coparceners (अंशियार). A coparcener is a family member with a right to a share. After the division each takes a separate share. Under the Muluki Civil Code 2074, each member of an undivided family has a right to claim such a division. The deed ends the joint ownership. It fixes who owns what from then on. So it must be complete and exact. The essential elements it should mention are these:
Here is an example. रामबहादुर and his two sons decide to separate. The deed lists the family house, the fields and the movable property. It divides them into three shares. It records that each thereafter holds his portion as sole owner. Now suppose the deed forgot to mention a plot of land. That plot would remain joint. It could spark the very dispute the partition was meant to prevent. This is why completeness matters. Listing both the coparceners and the property is the heart of a sound अंशबण्डा.
खानेपानी जडानको सिफारिस र जग्गा बिक्रीको सिफारिसपत्रबीच तुलना गरी भिन्नता छुट्याउनुहोस् । / Compare and contrast the recommendation letter for a water-supply connection with the recommendation letter for the sale of land.
Both of these are recommendation letters (सिफारिस पत्र) issued by the ward office. Both share the common form. Each has a letterhead, a letter and dispatch number, and a date. Each has an addressee, a subject, a body, and a signature with a seal. So a drafter moves from one to the other by changing the addressee and the certified facts. But the two letters serve very different ends:
Here is an example. रामबहादुर श्रेष्ठ builds a new house in ward 5. A simple ward recommendation that the house is his lets the water office give a tap connection. But suppose he wishes to sell a plot. Now the land-sale recommendation must carefully certify that the plot is really in his ownership. On the strength of that letter, the Land Revenue Office may register a transfer. That transfer changes who owns the land. So the two letters are alike in form. But they differ in purpose, addressee, the facts certified and the seriousness of their consequences.
एउटा पक्राउ पुर्जीको नमुना तयार गर्नुहोस् । (अथवा, भरपाई भनेको के हो ? भरपाईको नमुना ।) / Prepare a sample arrest warrant (or, what is a receipt, and prepare a sample receipt).
An arrest warrant (पक्राउ पुर्जी) is a written order. It directs that a named person be arrested and produced before the court or office. It touches a person's liberty. So it must be clear and lawful. A fuller sample in the correct Nepali form (placeholder names):
श्री जिल्ला अदालत, काठमाडौं ।
(वा श्री इलाका प्रहरी कार्यालय, काठमाडौं)
विषय: पक्राउ पुर्जी ।
वादी नेपाल सरकार प्रतिवादी रामबहादुर श्रेष्ठ भएको चोरी मुद्दाको सम्बन्धमा, अभियुक्त
रामबहादुर श्रेष्ठ, काठमाडौं महानगरपालिका वडा नं. ५ बस्ने, उमेर ...... वर्षलाई अनुसन्धान तथा
अदालतमा उपस्थितिका लागि आवश्यक परेको, तथा पटक पटक सूचना दिँदा पनि उपस्थित नभएकोले,
निजलाई कानुनबमोजिम पक्राउ गरी यस अदालत/कार्यालयमा हाजिर गराउनु भनी श्री प्रहरी कार्यालय,
काठमाडौंलाई यो पक्राउ पुर्जी जारी गरिएको छ ।
जारी गर्ने अधिकारी: ..................
दर्जा: ..................
(कार्यालयको छाप)
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
Explanation of the parts. The warrant opens with the issuing court or office as its heading. Next comes a subject line (विषय) that names it as a पक्राउ पुर्जी. The body names the case and the parties, here नेपाल सरकार (Government of Nepal) against the accused. It identifies the person to be arrested by name, address and age. So the right person is taken. It states the ground. Here the ground is that he is needed for investigation and appearance, and has failed to appear despite notice. A stated ground is required. An arrest must rest on a lawful reason. The warrant then gives the direction to the police to arrest him and produce him before the court or office. It closes with the issuing authority's name and post (दर्जा). It carries the office seal (कार्यालयको छाप) and the date (मिति). Together these show that the order comes from a competent authority. These parts are essential. The warrant allows the state to take away a person's liberty. So it must be precise and lawful. A detention warrant (थुनुवा पुर्जी) is drafted on the same frame. But it does not order arrest and production. Instead it orders that the accused be kept in custody during investigation or trial.
For the Or alternative, a receipt (भरपाई) is proof that money or a thing has been received. It protects the payer by proving that the payment was made. A fuller sample:
भरपाई
काठमाडौं महानगरपालिका वडा नं. ५ बस्ने रामबहादुर श्रेष्ठबाट, निजले भाडामा लिएको मेरो
घरको मिति २०८२ साल ... महिनाको घरभाडाबापत नगद रु. १५,०००।- (अक्षरेपी पन्ध्र हजार रुपैयाँ)
आजका मितिमा नगदै बुझी लिई यो भरपाई गरिदिएँ । उक्त महिनाको भाडाबापत अब कुनै रकम लिन बाँकी छैन ।
रकम बुझी लिने: सीताराम श्रेष्ठ, काठमाडौं वडा नं. ५ - सहीछाप
रकम बुझाउने: रामबहादुर श्रेष्ठ - सहीछाप
इति सम्वत् २०८२ साल ... महिना ... गते रोज ... शुभम् ।
The receipt names the payer and the payee. It states the purpose of the payment, here house rent for a named month. It records the amount in figures and words and that it was received. It confirms that nothing is left due for that month. It closes with the signatures and the date.