Civil & Criminal Cases

Filing a case in Nepal is the first formal step toward seeking legal remedy. The Constitution of Nepal 2015, along with the Civil Procedure Code 2017 (2074) and Criminal Procedure Code 2017 (2074), provides the legal framework for case proceedings. Cases in Nepal are broadly categorized into civil cases and criminal cases, each following distinct procedures.

At Court Marriage in Nepal Pvt. Ltd., we provide expert legal representation for civil and criminal cases in Nepal. Our experienced litigation team represents clients at District Courts, High Courts, and the Supreme Court, ensuring your legal rights are protected throughout the judicial process.

Governing Laws and Authorities

Governing Laws

Civil Cases: Civil Procedure Code 2017 (2074)

Criminal Cases: National Criminal Code 2074, Criminal Procedure Code 2017 (2074), Criminal Offence (Sentencing and Execution) Act 2074

Court Structure

District Court: First level court for most civil and criminal cases

High Court: Appellate court for District Court decisions

Supreme Court: Final court of appeal and interpreter of law

Civil Cases in Nepal

Civil cases involve disputes over property, contracts, family matters, personal rights, and other non-criminal matters. These cases are resolved through the civil court system.

Types of Civil Cases We Handle

Property Disputes: Land ownership, boundary disputes, property partition, inheritance claims

Contract Disputes: Breach of contract, non-payment, business agreements

Family Matters: Divorce, child custody, maintenance, property division

Rent Disputes: Eviction, unpaid rent, lease agreement violations

Debt Recovery: Loan recovery, financial disputes

Compensation Claims: Personal injury, damages, negligence

Civil Case Procedure in Nepal

Step 1: Pre-Filing Requirements – Ensure the matter is civil in nature, you have legal standing to file, and the case is within the limitation period.

Step 2: Determining Jurisdiction – Identify the correct court based on subject matter, location of issue, and address of parties. Generally, District Court handles civil cases at first level.

Step 3: Drafting the Plaint – Prepare written application (plaint) containing names and addresses of parties, subject matter and facts, legal provisions supporting the claim, and relief sought.

Step 4: Filing the Plaint – Submit plaint along with supporting documents (contracts, property deeds, evidence) and pay court fees based on claim amount.

Step 5: Issuance of Summons – Court issues summons to inform defendant about the case.

Step 6: Defendant's Response – Defendant submits written statement within 21 days, including defenses and counterclaims.

Step 7: Mediation – Court provides opportunity for mediation depending on case nature.

Step 8: Court Proceedings – If mediation fails, case proceeds with evidence submission, witness examination, cross-examination, and legal arguments.

Step 9: Judgment – Judge delivers final judgment including claim amount, compensation, or other legal remedies.

Criminal Cases in Nepal

Criminal cases involve offenses against individuals, property, or the state, including theft, assault, fraud, homicide, and other criminal activities. These cases are prosecuted by the government through the criminal justice system.

Types of Criminal Cases We Handle

Offenses Against Person: Assault, bodily harm, homicide, domestic violence, kidnapping, rape

Property Offenses: Theft, robbery, burglary, arson, extortion

White Collar Crimes: Fraud, corruption, money laundering, embezzlement

Cyber Crimes: Hacking, identity theft, cyber bullying, online fraud

Drug Offenses: Drug trafficking, possession, smuggling

Organized Crime: Human trafficking, terrorism

Criminal Case Procedure in Nepal

Step 1: Filing FIR (First Information Report) – Anyone aware of an offense may file FIR at the nearest police station. Report can be verbal, written, or electronic with available evidence.

Step 2: Arrest and Custody – For serious cases, police may arrest suspect with court-approved warrant. Arrested person must be presented before court within 24 hours. Police can hold suspect in custody for up to 25 days for investigation with court approval.

Step 3: Police Investigation – Collection of evidence, recording witness statements, medical examination (if applicable), and preparation of investigation report.

Step 4: Filing Charge Sheet – After investigation, Government Attorney files charge sheet in District Court including crime details, evidence, witness statements, and proposed punishment.

Step 5: Bail Hearing – Court takes statement from accused and decides whether to grant bail or keep in judicial custody.

Step 6: Trial Proceedings – Evidence submission, witness examination and cross-examination, legal arguments by Government Attorney and defense lawyer.

Step 7: Judgment – Judge delivers verdict including acquittal, imprisonment, fines, or compensation to victim.

Documents Required

For Civil Cases

1. Citizenship certificate (copy of plaintiff and defendant)

2. Passport-sized photographs

3. Evidence documents (contracts, property deeds, receipts)

4. Power of Attorney (if represented by lawyer)

5. Relevant certificates (marriage, birth, land ownership)

For Criminal Cases

1. FIR copy

2. Citizenship certificate

3. Evidence related to the crime

4. Medical reports (if applicable)

5. Witness details and statements

Court Fees

Divorce Case: NPR 2,000 - NPR 5,000

Property Dispute: 1% to 2% of property value

Partition Case: NPR 5,000 - NPR 25,000

Rent Dispute: NPR 1,000 - NPR 3,000

Criminal FIR: Generally free

Note: Legal fees are separate and vary based on case complexity and advocate experience.

Limitation Period

Civil Suits: Generally 3 years from the date the right to sue arises

Criminal Complaints: Varies by offense. Serious crimes like murder have no limitation period. Minor offenses may have 3 months to 1 year limitation.

Appe