Concept of legal system

In general term, legal system is a system of rules that governs the social
behavior of people in a particular society. It is the study of the structure of
rules and the expected role of the law in society. It studies law making,
enforcing and adjudicating institutions and process of a given society. It
constitutes the culture as it studies the concept associated with the method of
interpretation of these rules in context. There is common understanding
among the members of the society about certain words and concept of law.
Therefore, sometimes it is difficult to differentiate legal system with other
terminology like legal theory and jurisprudence which studies the theoretical
aspect of law.
Each legal system has its own fundamental concepts that make one legal
system different from other. Every legal system is guided by certain
fundamental values. These underlying values guide the whole legal processes.
These concepts, processes and values make a legal system unique.
Contd……….
Late Gajendrakesari Bastola had shed light about the nature of Nepalese legal system
through his articles that our legal history reveals that Nepal has had her own legal
system from the very beginning of her history with law making, enforcing and
adjudicating institutions.
Laws are part of legal system. Not a single norm without legal system can be termed as
law. It means that no law, in its formal sense, can exist without a legal system. Legal
system and other social systems have close relation and make reflection or impact to
each other. Legal system is influenced by other social systems and also recognition,
climate, peoples need and aspiration etc. are considered as an essence of it without
which legal system will not stand and function. Because of this every legal system is
unique in nature.
Contd……….
Julius stone and keelson prefer the term the legal order to legal
system. But most of the jurist apply the term legal system. Bentham
opine that legal system is only the sum total of the laws and one has
only to identify a law. Austin also believed that legal system is the sum
total of the laws and defined law as the command of the sovereign
backed by sanction.
According to Dias legal system is the more than the sum total laws or
legal materials. H.L.A hart and Kelson viewed a legal system as
essentially system of rules. In developed western society, however a
legal system is far more than this. According to M.J Sethana the legal
system of a state is the very machinery of the organization of that
state.
 Foundation of the Nepalese legal system

Legal system is treated as the integrative sub system of the society.

As legal system is a part of social system. The administrative of the
justice in Nepal had close relation with religious myth and realities
of the early hindu civilization. Classical hindu philosophy is basically
centered around the principles of justice and morality. Basic
concept of hindu theology, commonly known as dharma is the
science of law and justice and rational principles.
Both the science of law and justice and rational principle were the
rules responsible for promoting social economic and moral values in
the universal order. Dharma was the content of humanity that gave
wide approach to the progressive, healthy and constructive
development of universally recognized social and moral values.
Foundation of the Nepalese legal system
contd……..
According to hindu theology (the science of religion) divine
concept of religion is one of the major aspects of dharma.
However, in the consequent days the divine concept
succeeded in dominating most aspects of social life sometimes
encroaching upon the affairs of the other aspects of dharma.
Consequently people came to believe that dharma is
synonymous of the divine concept of the religion which placed
the paramatma (soul force of the god) on the apex of the
realm of the brahmanda (the universe) as well as the heaven
and hell.
Foundation of the Nepalese legal system contd……..
There are four choice for the development of any law and legal system which
are as follows:
• On the basis of existing customs or having developed independently over a
long period of time in their own history of a country.
• On the basis of scholarly effort or having developed by codified law.
• On the basis of court practice or having influenced from the decision or
approach of the court rendered and taken in particular cases or time.
• On basis of revolutionized their laws and institutions and breaking away
from the past.
• Concept of the religion is an old as the beginning of the human civilization.
According to a school of the thought the concept of divinity in the hindu
theology is an outcome of personal interest and fear in the people of the
early hindu civilization.
Foundation of the Nepalese legal system
contd……..
On the basis of prehistoric human behavior some philosopher are of
the opinion that divine concept of Hinduism is based on myths
influenced by the natural content of human behavior.
Nepalese legal system historically resembled to the civil law in many
respect. It is because of the similarity in the mode of development
procedure employed during the process of litigation. Both of these
systems civil law and Nepalese legal systems were developed by
scholarly efforts. The great law givers of the Roman law were
university law professors. The legal system of Nepal has been
developed on basis of codification. Yagnabalkyasmriti was extensive
legal code composed by yagnavalkya.
Foundation of the Nepalese legal system
contd……..
Different kings promulgated different codes in later times.
Manabnyayashastra of jyasthiti malla and code of ram shah are
important among them. In modern age Jung Bahadur Rana
brought the concept of codification in Nepal. The procedure was
also similar to civil law systems. It was inquisitorial.
Before unification of Nepal it was divided into numerous tiny
states or principalities with their own judicial system. However it
had not been difficult to form a unified judicial system because
there were no fundamental differences among them. All of them
based mainly on hindu philosophy. Nepalese legal system was
very advanced and comprehensive since the very beginning. Law
Foundation of the Nepalese legal system
contd……..
Both roman and Nepalese legal system thought that law must rule
society and submit to the rules of reason. Hindu philosophy from
the very beginning regards law as the king of the king. It was
founded on the idea of justice.
Hindu dharmashastra state that the god created the king to protect
people from disorder and injustice. Brahma composed penology to
save the earth from the cobweb of anarchy and disorder by
establishing justice. Our conventional legal system was guided by
human values not merely by black letter of law. Judges decide the
cases with help of reasons, equity and justice.
Foundation of the Nepalese legal system
contd……..
The special feature of our conventional justice system is that no single
judge could decide the case. There were three judges and more than
that in nyayasabha who decided the case. The first codifided law the
code of 1910 B.S. was no more than the complication of laws
developed on the basis of ancient literature.
Nepalese legal system started to lose its indigenous character and
identity after the political change of 2007 B.S. There was not any
research or study about legal system and no justification were given
while leaving one system of legal thinking and adopting the other. It is
interesting that we not only borrowed the rules but also the judge to
apply these rules. Nepal is now being governed by the received rules.
Foundation of the Nepalese legal system
contd……..
Our legal system is presently influenced by the concepts and technique of
Anglo –American system that is based on common law system. According to
Gajendra Keshari Bastola this system is not suitable for us.
As we mentioned earlier Nepalese legal system from the very dawn of the
history developed on the basis of the Hindu philosophy. In Lichchhavi period,
administration of justice was conducted according to the Smrities of Manu,
Yagyavalkya and Narada. Malla kings also administered justice in accordance
with the smrities and other religious sources. Jayasthiti Malla composed a legal
code called Manabnyayashastra with the help of five Indian scholar. Nepalese
law until 1910 B.S. was mainly based on Hindu Dharmashastra and religious
customs. Legal code of 1910 B.S. was no more than the aggregation of
religious laws, customs and usages prevalent at that time. Present legal system
of Nepal is called the hybrid system i.e. mixed system of both of common law
and custom.
Legal system of Kirat period

The kirat period was early 250 B.C. It was also known as pre historic
period. The early Kirats of Mahabharata range of Nepal had a
rudimentary form of governance in their respective tiny (very small)
states. A few of the early Kirats of Kathmandu valley had sufficient
knowledge of Sanskrit literature. Sanskrit was the language of
communication at higher level of society. In the process of evolution
they developed their own language and scripts similar to language of
their Kirat states.
The Kirat kings of the mongoloid family that ruled earlier Nepal
administered justice as per the Mundhum, their holy scripture. In Yanang
part of Mundhum there were the rules of marriage, birth and death
ceremony. These rules resembled to the law of 12 tables of the ancient
Rome.
 Legal system of Kirat period contd……
There were rules regarding birth ceremony, marriage, and rituals to be
followed in the death of the family member. It prohibited marrying
within certain relationship. There was provision that the child born
without formal wedlock could not claim his her/her paternal property.
The mother had to support him/her at all. The common crimes at that
period were theft, murder, incest (sexual intercourse with near
relative), cheating and miscarriage of justice.
The Kirats had very much respect on justice they believed that god
would be angry if justice was not secured. Those who destroy justice
would not survive till the day fixed by the almighty. The Kirat thought
Dharma as the integral part of justice.
Legal system of Kirat period contd……
According to Kirat belief, God himself for the betterment of
human being authored Mundhum. As a result, rules of
Mundhum were obligatory. King was said to be representative
of god. The main duty of the king was to maintained law order
in society. The god has granted some powers to the king in the
affairs of the administration of the state. His main duty was to
enforce law and dispense justice according to divine law.
Later the legal provisions of Mundhum thought to be
insufficient and the king began to make laws which required
being consistent with Mundhum.
 Legal system of Kirat period contd……
Similarly the religion, customary practices, tradition conventions
and certain other rules developed by the society were also
recognized as the sources of law. It was believed that those who
did not follow divine rules in the process of imparting justice
would not survive till the day fixed by almighty. What is
important is that law was interwoven with religion and the
society was mainly controlled by non – formal legal system.
Mundhum the holy scripture of Kirats ordains that there shall be
a Mukhiya and Bichari to impart justice. Mundhum says that if
there is no justice, man will be like animal and extinct. The god
is the root of justice and he will be angry if justice is destroyed.
 Legal system of Kirat period contd……
As we stated above the Mundhum was one of the important source of law as
well as the guideline for governance.
Various Kirat states had their own form of governmental system. In the
Chumbi valley state of Himalayan region there was a typical practice to elect
the king. Significant development in the field of administration of justice were
made till the region of king Humatity. King Jetedesti is believed to be the first
king who paid some attention towards legal and judicial reforms. He issued
some legal directives in the form of edicts relating to the administrating of
justice commonly known as khasen kharon them. This law was mainly based
on Mundhum. Besides the customary practice, social, cultural, morals rules
and values of Kirat society were also incorporated in the edicts. The people
had belief that violation of khasen kharon them was unforgivable and subject
to the actions of almighty.
 Legal system of Kirat period contd……
As directed by the edict, justice had to be done. If justice was not done
in accordance with the Mundhum god may affect the collapse of human
society.
Basically the religious authority were given the powers of imparting
justice in the society. Anybody accused of heinous offences had to take
oath of sacred grass and stone. The witnesses of the case were legally
obliged to take oath in gods name against bias and prejudice in their
statement deposited before the judicial authority.
The royal authorities of the subsequent days began to delegate some of
their legal and judicial powers to the local chieftains and headmen of the
respective villages. As a result the chieftains and headmen of the villages
came also to be regarded as the divine representative.
 Judicial system of Lichhavi period
Lichhavi conquered Kirats at Kathmandu valley and began to rule there.
King Supuspa is believed as the first Lichhavi king. At the very beginning
of his rules king Supuspa asked his subjects to follow the rules on the
basis Hindu religion many of those rules were based on social custom,
tradition, culture, values, and religion developed by the Lichhavis during
their rule in Baisali. This dynasty ruled Nepal from the first century to
ninth century A.D. The sources of the history of that period are in
inscription (shilalekh) on stones or pillars of that time. Lichhavi who
entered Nepal in 250 B.C. from Baishali by the Gupta emperors of India
ruled Nepalese society according to the science of starecraft propounded
by the great eastern philosopher that is known as Hindu polity. Their
judicial system was based on Hindu Dharmashastra.
 Judicial system of Lichhavi period
contd…..
The inscription of Handigaun, Narayansthan makes reference of
the smritis of Manu, Yama, Brihaspati and Usanas-smritis.
Although there is a debate whether the Lichhavi kings were Hindus
or not, it is true that they replaced the Kirat legal system that was
based on the indigenous values of the Kirats was Hindu legal
system. The Shilalekh and other historical materials are the
sources of Lichhavi history. Mandev in the pillar of Changunarayan
appreciated his father with the adjectives like good having Dharma
(righteousness), Karma (righteous deed) and Yasha (reputation),
having knowledge in penology and religion etc.
Judicial system of Lichhavi period
contd…..
Likewise, numerous references of Dharmashastras had been
the main sources of law at that time in one Abhilekh
(inscription) of Mandev it is written "follower of Veda and
other Dharmashastras". In an inscription Anshuverma had
appreciated himself as a great law giver of that time. It is said
that he enjoyed while taking part in Shartric discourse. One of
the inscriptions of Jayadev maintains that Dware decided the
cases as per the Dharmashastras. These inscriptions
sometimes quoted ancient scriptures like Mahabharat.
 Judicial system of Lichhavi period
contd…..
Categorical reference of Panchakhata or five heinous crimes are found
in several inscription of Lichhavi period. The concept of Panchakhata
had been derived from different smriti like Manusmriti and
Yagyavalkyasmriti as these texts mention about Panchakhata or five
heinous crimes. Sanskrit names of the court and administrative
institutions also prove that their system was based on Hindu
Dharmashastra.
The administration of justice was carried out according to the
procedure prescribed by the memories of treaties of Manu, Yama,
Brihaspati and Sukra. Therefore, the religious pandits had very
important role in the interpretation of these religious texts. When the
law of Dharmashastras was inadequate royal charters were issued
Sanads.
Judicial system of Lichhavi period
contd…..
The state mechanism in Lichhavi period was well managed as to
play a key role by state in protection and promotion of the well
being of its citizens. The state was driven by the concept of
welfare state. The kings were anxious about the welfare and
prosperity of people. So they were concerned with establishing
strong and effecting justice system in their states. This period is
highly appreciated by the scholars for the contributions to Nepal
of well-established state machinery. There were different sets of
administrative and judicial offices. Judicial power was
decentralized and it was delegated to gram panchali.
Judicial system of Lichhavi period
contd…..
The Lichhavi kings were democratic and people oriented. The
people themselves through their representative solved many
administrative and legal problems. Local bodies named panchali
which comprised of the representative of people of locality, were
entrusted with many judicial powers. Therefore, this period is
known as golden era of Nepalese history. Main sources of law
were Sruti, Smriti, Dharmashastra and customs. Later kings began
to promulgate laws, in the form of Rajagya or royal edicts and
sanad with the advice of Dharmadhikari and pandits with the
objective of providing fair justice. Sanad was a royal edict made
for a particular subject matter.
Judicial system of Lichhavi period
contd…..
Most of the Lichhavi kings were concerned with establishing
strong and effective justice system in their states. Some of
them had given highest priority to the justice system. A strong
and effective justice system was regarded as the precondition
for peace and harmony in society, respect and decency in
public life was not possible without justice. Lichhavi kings
were convinced that justice was the inevitable content for
better human society and that could be an effective tool for
the geographical extension of their states.
Judicial system of Lichhavi period
contd…..
The Lichhavi were convinced with the idea that an effective
justice system was the foundation stone for good governance.
Principle duties of the chief judicial officer were to supervise
and advice the subordinates to dispense justice. Sometimes
the king himself would deliver judgments in certain crucial
issues. The king was the source of all power. Since the king
was regarded as a creation of divinity he was obliged to follow
the divine concept of religion. Traditional concept of fairness
and impartiality under the law of Dharmashastra was one the
basic rules of justice system. As observed by king Anandev
religious texts were the law of his state.
Judicial system of Lichhavi period
contd…..
The provisions of sentencing for heinous crimes were deprived
from the politics of Kautilya, Bagdanda (reprimand of words),
Dhiknanda(public reproach), Arthadanda (fine), and Badhdanda
(corporal punishments including death penalty) were familiar in
the Lichhavi legal system. The rules relating to procedure were
influenced by the code of Manu.
The witnesses were compelled to take oath in the name of god.
The witnesses could face fine and punishment for giving false
and misleading statements. Every aspect of legal proceeding
involved invocation of religious codes.
Administration of Justice during Lichhavi period

Administration of justice during lichhavi period was

decentralized in its true sense. In the village level there was
panchali to settle the dispute as preliminary courts exercising
original jurisdiction. The body consisted of the people with
deserving character and personality. The king also nominated
some of the member of panchalis. The right duties of panchali
were mentioned in Tamrapatra. If panchali failed to settle any
dispute it was referred to the Kings bench named Antarasan.
Antarasan also heard the appeal against the decision of
panchali.
Administration of Justice during Lichhavi
period Contd…..
There were different offices in royal palace through which
administration over local authorities was carried out. In local
level, there were Dware as the representatives of the king.
Some of the administrative and judicial powers were
delegated to them. People could present their cases before
Dware. They could take prompt decision in some minor cases
as per the power delegated to them by the king. If the petition
contained a complicated question, they would forward the
petitions to the king for decision.
Administration of Justice during Lichhavi
period Contd…..
There was Pratihar in the palace that was the tie of the link between
the king and people. Apart from those officials, there were
Adhikarans or judicial and administrative offices. They were
Purbadhikarn, Pashimadhikaran Kuther, Sholla, Lingwal and
Mapchok. There were other central offices like Sarbadandanayak and
Mahabaladhyaksha. Sarbadandanayak was primitive form of present
police while Mahabaladhyaksha was the chief of the Army.
Pashimadhikaran was assigned the duty to protect the property of
temples and religious place. There were different kinds of judicial
bodies called Adhikaran. Main of them were Kuther, Suli or Solla,
Lingwal, and Mapchok.
Administration of Justice during Lichhavi
period Contd…..
Kuther
Kuther was revenue departments having authority to raise three
types of tax i.e. agricultural tax, tax in animal husbandry and tax in
business. They also performed the function relating to land
administration. It was also a quasi – judicial body, which decided the
cases relating to land.
Lingwal
Lingwal Adhikaran was not purely a law court. It was mainly an
administrative body. It was assigned with the duty relating to these
matters. Thus it is quasi – judicial body.
Administration of Justice during Lichhavi
period Contd…..
Solla or Sulli
Solla or Sulli was purely criminal court. Earlier it had original
jurisdiction on cases relating to panchakhat (five heinous
crimes). It had the power to investigate the case, arrest the
accused and decide the case. But in later period of king Basant
Dev, the jurisdiction of this Adhikaran was changed significantly
and it was limited only to smaller cases. The cases relating to
panchakhata started to be decided by the court of royal palace.
Later it had jurisdiction over the criminal cases other than
Panchakhata.
Administration of Justice during Lichhavi
period Contd…..
Mapchok
Another important judicial body of that period was Mapchok. It was no
more different from modern family court. It had jurisdiction over the cases
relating to property arose after divorce and re-marriage. It also had
jurisdiction over the cases relating to marriage and divorce.
Bhattadhikaran
Bhattadhikaran had jurisdiction to hear the cases relating to change of
profession. The society at that period was based on Hindu class or caste
system. The purity of breed was employed and there was no permission to
change the profession. Change of profession endowed by ones own birth
was held as crime.
 Administration of Justice during Lichhavi period
Contd…..
Beside these different bodies having the nature of courts, there was a tribunal
named Bisti which heard the cases relating to compulsory labour. There were
various office and officials in the local level or gram. Gram, Panchali, Tala, Kotta,
and Dranga were some of them. Gram was the committee of Gram Pradhan
(gentleman of the village). Gram panchali was headed by panchalik or local
gentleman. Tala was headed by the Tala swami while kotta was headed by
Kottapal (Kottuwal). Likewise, Dranga was administered by Samanta, while
Dware was representative of center to local level.
In the center level there was an apex court called Antarasan or parmesan
presided by the king himself. Appeal against the decision of panchali or any
Adhikaran could be made before parmasana through Daubarik. Disputes, which
could not be decided by panchali, would be referred to Antarasan through the
medium of Daubarik.
 Administration of Justice during Lichhavi period
Contd…..
The decision of Antarasana or parmasan would be final and binding. Apart from
these judicial bodies there was sentencing body named Sarbadandanayaka. He
was the head of govt., supreme commander in chief and fountain of justice.
There was clear hierarchy and organization of courts. This period is highly
appreciated by the scholars for the contributions to Nepal of well established
state machinery. There were different administrative and judicial offices. In term
of administration, Nepal was divided into two parts i.e region ruled directly by
the crown from center and the region ruled through feudal. The region from
Dumja to Gorkha was ruled directly from the center. Administrative power was
delegated to the local chieftain to rule the region east from Dumja and west
from Gorkha. There were Panchalis in the local level to decide petty cases.
Adhikarans like Kuther, Solla, Lingwal, and Mapchok had jurisdiction in most of
cases. Complicated cases were decided by the king's court named Antatasan or
paramasan.
Sources of law in lichhavi period

There was clear cut hierarchy of legal rules. As law in lichhavi period
was based on Hindu philosophy and religious scriptures, there was
no difference between law and dharma. Law was considered as one
of the facet of dharma. According to Manu Dharma is that thing
which is followed by learned in Vedas and approved by conscience
of the virtuous, which are exempted from hatred and inordinate
affection. There was no distinction between rules of law and rules of
mortality and religion. Consequently, no difference could be found
between legal and religious duties. Marriage, adoption, debt and
succession have both religious and legal values.
 Sources of law in lichhavi period

The administration of justice was carried out according to religion

and in case of exigency new rules tuning with religious law would be
laid down. Dharmashastra had the highest authority, afterward came
the royal charters in copper plate and inscription in stone
respectively. Veda, Smriti, Sadachar or good conduct and good
conscience were regarded as other main sources of law. The veda
(basic source of Hindu law) has laid down rules for human kind
covering all aspect of life. It was believed that God revealed laws in
the form of vedas for well-being of the mankind. Since the law was
considered as divine order it was inviolate and immutable. Being the
divine origin it was sacred or holy and its authority was
unquestionable.
Sources of law in lichhavi period

As Hindu philosophy is multi- dimensional there is no any

aspect of life uncovered by it. The religious sources were
mainly the writings of Manu, Yagnavalkya, Narada, and
Brihaspati which were purely legal works. Because of the
nature of legal literatures, the religious scholars or
Dharmadhikara were appointed in the courts. This was the
period of formation of Nepalese legal system. This period
showed unprecedented development of legal and judicial
concepts and institution as well as the existence of clear
judicial hierarchies.
 Impact of Hindu law

According to Mayne the Hindu law is the oldest pedigree of any known
system of jurisprudence and even now it shows no sign of decrepitude.
Hindu law was not the command of sovereign nor was it established by
any political authority. At one time, it was supposed to be of divine
origin, god's revelation to learned Rishis for the well-being of human
kind.
Hinduism has always been the dominant religion in Nepal. Recent data
shows that most of the Nepalese are Hindu. Before the unification of
Nepal in 1768, the whole system was governed by the Hindu religious
text and local customs. Law was considered to be a branch of religion.
Prior to the codification of the law during of Junga Bahadur Rana in
1910 B.S., the legal system of Nepal was very much influenced by the
Hindu religion.
Impact of Hindu law contd…….
Kirats kings administered justice as per their holy mundhum and
laws made by the first kirat lawmaker, written in Yehang
Mundhum. Yehang issued the first human rules recognized as law
which is governed the marriage, birth and death ceremonies.
These rules resembled to the law of 12 tables of the ancient Rome.
The judicial power was delegated and judicial bodies were formed
in villages. The act against Mundhum was regarded as crime and
would be punished. The acts incest and treason were regarded as
crimes and severe punishment would be imposed for these crimes.
Lichhavis who entered Nepal from india ruled Nepalese society
from 1st to 9th century according to the science of statecraft
propounded by the great eastern philosopher that is known as
hindu polity.
 Impact of Hindu law contd…….
Their judicial system was based on Hindu Dharmashastra. The
inscription of Handigaun, Narayansthan makes reference of the
smritis of Manu, Yama, Brihaspati and Usanas-smriti.
Lichhavis replaced the kirat legal system that was based on the indigenous
values of the kirats, with hindu legal system. The Shilalekh (inscription on
stones) and other historical materials are the sources of lichhavi history.
Manadev in the pillar of changunarayan appreciated his father with the
adjectives like good, having dharma (righteousness), Karma (righteous
deed) and Yasha (reputation), having knowledge in penology and religion
etc. Likewise numerous references of dharmashastras are found in other
inscription of that period.
Impact of Hindu law
Therefore, Dharmashastras were the main sources of law at that
time. Categorical references of panchakhata or five heinous
crimes are found in several inscription of Lichhavi period.
The concept of panchakhata had been derived from different
smritis like Manusmriti and Yagyavalkyasmriti as these texts
mention about panchakhata crimes.
Sanskrit names of the courts and administrative institutions also
show that their justice system was based on Hindu
Dharmashastra. Malla kings continued the legal and judicial
tradition established and evolved by the lichhavis.
Impact of Hindu law contd…….
However, there were contradictions prevailed in different religious
treaties and some of the things had been felt impracticable in the
changed situation. Therefore, there was a need of a new social order
to keep social harmony and solidarity. Jaysashiti Malla also undertook
the responsibility of legal reform to facilitate judicial administration
based on the tradition estabilished by the Lichhavi kings.
The primary sources of law were Dharmashastras, customs,
traditions, royal edicts and Sanads. Sanads were royal chartes
delegating judicial and administrative powers to local bodies or
officials. During Lichhavi period the Smriti to Manu, Yagyavalkya and
Brihaspati were in practice whereas NaradaSmriti had been foremost
source of law in Malla period.
 Judicial System of Kirat Period

Since 750 B.C ancient period was was started in Nepalese

history. Kirat was resigned at that time in Nepal. Kirat kings
were devoted to deliver justice for the benefit of people.
Yalamber hang was the first kirat king who was reputed to
provide justice to people. Kirat kings adopted the arya culture
and belong to kirati culture.
It was thought that kings were created by the god to save the
people. They provide justice according to customs, traditions
and usages. To make the people happiness and to abolish
might is right was the main objectives of kirat kings.
Judicial System of Kirat Period contd……

Some historian opine that administration of justice during

kirat period was appreciable. Kings themselves involved to
deliver justice at the time. When they deliver justice they took
advice with intellectuals, religious people. Witness was given
much importance to provide justice.
Kirat Mundhum which was also known as veda of kiratis by
which administration of justice was runned at that time.
Hadnatakarani (incest) was considered as crime. There was
separate unit in mundhum regarding the justice.
Judicial System of Kirat Period contd……
Bichari, mukhiya was selected to provide justice in local level.
Justice was the most important part of religion. Pan Tumang
also was the authority to provide justice in local level.
It was also thought that there is co-relation between divine
power and justice system. Like the Hindus veda, Mundhum
was considered as main source of law and justice during kirat
period.
 Judicial System of Kirat Period contd……
There was provisions regarding justice and crime. We can found
provisions relating to theft, murder, prostitutions, deceit etc. Being
a religious book less provisions were there relating to punishment
in mundhum.
Ten sardar was appointed to save their cast and nation in Limbuwan.
They make some rules to save their nation, society and caste. They
make the rules relating to land also. It was developed kipat system later
on. We found tit for tat system in punishment at that time. There was
provisions exile in treason. Provisions relating marriage, land tax was
there. Except the panchakhata minister, deputy minister, has right to
hear the cases. Pancha Bhaladmi also involved in deciding the cases.
Judicial System of Kirat Period contd……
Kirat Pradesh was divided in north and south for easiness of
administration of justice. Rai Limbu Subba of limbuwan heard
the cases except panchakhata in Amalkachahari. IIakaAdalat or
Amini was the appellate authority of Amalkachahari.
Judicial Administration Reform Act 2016 was issued by which
except court no other authority can heard the cases and also
abolished that cases hearing system according to tradition and
usages. Act relating to land 2021 was issued and kipat system
also was abolished.