National Criminal Code (Muluki Aparadh Samhita) — Key Points for Loksewa Exam

Last updated: March 26, 2026  |  Reading time: 12 min

If you are preparing for any Loksewa examination in Nepal, there is one law you simply cannot afford to ignore: the National Criminal Code (National Criminal Code, 2074 BS). When Nepal replaced the 55-year-old Muluki Ain with four separate modern codes in 2074 BS, the criminal law landscape of the country changed dramatically. The old Muluki Ain 2020, which combined civil and criminal law in a single statute, was finally divided into specialized codes — and the National Criminal Code became Nepal’s standalone criminal legislation.

For Loksewa candidates targeting positions such as Section Officer (Officer), Nayab Subba, Kharidar, or judicial service posts, mastering the key provisions of this code is essential. Questions drawn from the criminal code Nepal Loksewa syllabus appear regularly in Public Service Commission (Public Service Commission) examinations. This article provides a comprehensive, exam-focused breakdown of the National Criminal Code, covering its structure, key provisions, offense categories, punishment framework, previous year questions, and actionable study tips.

What is National Criminal Code? History and Overview

The National Criminal Code (formally: the National Criminal Code, 2074) is the principal criminal statute of Nepal. It defines criminal offenses, establishes the elements of each crime, and prescribes corresponding punishments. This code was part of a historic legal reform that transformed Nepal’s legal framework from a unified code system to a modern, compartmentalized system of distinct criminal, civil, and procedural laws.

Historical Background: From Muluki Ain to National Criminal Code

Nepal’s legal history is closely tied to the Muluki Ain 2020 BS (1963 AD), a landmark unified code that replaced the older Muluki Ain of 1910 BS. The Muluki Ain 2020 was a single comprehensive legislation covering criminal offenses, civil matters, family law, property law, and procedural rules — all within one document. While groundbreaking for its time, this unified approach became increasingly inadequate as Nepal’s legal needs evolved.

By the early 2070s BS, the need for specialized, modern legislation was clear. The government undertook a major reform project, and in 2074 BS (2017 AD), the Legislature-Parliament enacted four separate codes to replace the Muluki Ain:

• Muluki Aparadh (Samhita) Ain, 2074 — Criminal Code (substantive criminal law)
• Muluki Dewani (Samhita) Ain, 2074 — Civil Code (substantive civil law)
• Muluki Aparadh Kaaryabidhi (Samhita) Ain, 2074 — Criminal Procedure Code
• Muluki Dewani Kaaryabidhi (Samhita) Ain, 2074 — Civil Procedure Code

All four codes came into effect on 2075 Bhadra 1 (August 17, 2018). The National Criminal Code specifically took over all criminal provisions that were previously scattered across various chapters of the old Muluki Ain, consolidating them into a single, well-organized criminal statute.

Key Features of the National Criminal Code

• Modern codification: Replaces the archaic structure of the Muluki Ain with a systematically organized criminal code
• New offense categories: Introduces offenses not covered by the old law, including cybercrime, money laundering, and organized crime
• Proportional sentencing: Establishes a structured punishment framework with clear minimum and maximum penalties
• Age-based criminal responsibility: Defines clear thresholds for criminal liability based on age
• Gender-neutral language: Uses inclusive language and provides equal protection regardless of gender
• International alignment: Brings Nepal’s criminal law closer to international human rights standards and treaty obligations

Structure of the Code

Understanding the organizational structure of the National Criminal Code is critical for Loksewa preparation. The code is divided into several parts (Bhag), and each part contains multiple chapters (Paricchhed) dealing with specific categories of offenses. Below is a comprehensive table showing the structure of the code.

This structured approach makes it much easier for Loksewa candidates to study systematically. Instead of wading through a monolithic text like the old Muluki Ain, you can focus on specific parts and chapters that are most relevant to your exam syllabus. For most officer-level (Officer) exams, Parts 2 through 6 carry the highest weight.

Key Provisions for Loksewa Exam

While the entire National Criminal Code is important, certain provisions appear far more frequently in Loksewa examinations than others. Based on analysis of past exam papers and current syllabus requirements, here are the most exam-critical sections.

Offenses Against the State

Offenses against the state are among the most serious crimes defined in the National Criminal Code. These provisions protect Nepal’s sovereignty, territorial integrity, constitutional order, and national security. For criminal code Nepal Loksewa preparation, understanding these provisions is essential because they form the backbone of questions about state security and constitutional law overlap.

Treason (Rajdroh)

The code defines treason as any act aimed at overthrowing the legitimately established government, undermining the sovereignty or territorial integrity of Nepal, or waging war against the state. Treason carries the most severe punishments in the entire code, including life imprisonment. Key elements that Loksewa candidates must know include:

• The act must be directed against the state itself, not merely against individual officials
• Conspiracy to commit treason is also punishable, even if the act is not completed
• Aiding or abetting a foreign power against Nepal falls under treason provisions
• The punishment for treason can extend to life imprisonment

Sedition (Rajyabirodhi Kasur)

Sedition involves acts or expressions that incite violence or disorder against the established government. The National Criminal Code distinguishes between legitimate criticism of the government (which is a fundamental right under the Constitution) and seditious activity that threatens public order. This distinction is a frequent topic in Loksewa written exams.

Espionage (Jasusi)

Espionage provisions deal with unauthorized collection, transmission, or possession of classified state information. The code provides for severe penalties when sensitive national security information is shared with foreign entities. In the modern context, digital espionage and cyber-enabled intelligence gathering have made these provisions more relevant than ever.

Offenses Against National Symbols

The code also criminalizes desecration or disrespect of national symbols, including the national flag, national anthem, and national emblem. While penalties for these offenses are comparatively lighter, questions about them appear regularly in Loksewa exams because they test candidates’ knowledge of both criminal law and constitutional values.

Offenses Against Person and Property

This is the largest and most exam-relevant section of the National Criminal Code. Questions about offenses against persons and property make up a significant portion of the law section in every Loksewa exam. For your muluki ain loksewa notes, this section deserves the most study time.

Murder and Homicide (Jyaan Marne Kasur)

The code provides a detailed framework for homicide offenses, distinguishing between different degrees of culpability:

• Intentional murder (Dafa 177): Deliberate killing with premeditation or intent — carries the heaviest punishment (life imprisonment or imprisonment up to 20 years)
• Attempt to murder (Dafa 178): An unsuccessful attempt to kill, punishable with imprisonment proportional to the degree of harm caused
• Culpable homicide not amounting to murder: Killing without premeditation but with knowledge that the act could cause death
• Causing death by negligence (Dafa 183): Death resulting from reckless or negligent conduct — carries comparatively lighter punishment

Loksewa exams frequently present scenario-based questions where candidates must distinguish between murder, culpable homicide, and negligent death. Understanding the role of intention (mens rea) versus negligence is absolutely critical.

Assault and Bodily Harm (Kutta Pit)

The code categorizes physical offenses based on severity. Simple assault (causing minor injury) carries lighter penalties, while grievous hurt (causing permanent disability, disfigurement, or life-threatening injury) attracts significantly harsher punishment. The distinction between simple hurt and grievous hurt is a classic Loksewa exam topic.

Kidnapping and Abduction (Apaharana)

Kidnapping provisions in the National Criminal Code cover several scenarios, including kidnapping of minors, kidnapping for ransom, and abduction with intent to commit other offenses. The code prescribes enhanced penalties when the victim is a child, a woman, or a person with disability. Hostage-taking is treated as a separate and aggravated offense.

Sexual Offenses (Yaun Kasur)

The National Criminal Code significantly modernized Nepal’s laws on sexual offenses. Key provisions include:

• Rape (Dafa 219): Defined broadly to include various forms of non-consensual sexual acts; carries punishment of 5 to 15 years imprisonment, with enhanced penalties in certain circumstances
• Sexual harassment: Covers workplace harassment, public harassment, and online harassment
• Child sexual abuse: Carries enhanced penalties, especially for offenses involving children under 16
• Marital rape: Recognized as an offense, which was a significant departure from the old Muluki Ain

Domestic Violence (Gharelu Hinsa)

The code addresses domestic violence with specific provisions covering physical, mental, sexual, and economic abuse within the domestic sphere. This topic has gained increasing importance in recent Loksewa exams, especially for positions in the judicial and administrative services.

Theft (Chori)

Theft is defined as taking movable property out of the possession of another person without consent, with the intention of permanently depriving them of it. The code distinguishes between simple theft and aggravated theft (such as theft committed at night, during natural disasters, or from a place of worship).

Robbery and Dacoity (Dakaiiti)

Robbery involves theft accompanied by the use of force or threat of force. When robbery is committed by a group of five or more persons, it is classified as dacoity — an offense carrying significantly harsher penalties. Understanding the numerical threshold (five persons) for dacoity is a commonly tested point in Loksewa exams.

Fraud and Forgery (Thagi ra Kirtaa)

The code criminalizes various forms of dishonest conduct including cheating, fraud, forgery of documents, counterfeiting, and criminal breach of trust. Forgery of government documents carries enhanced penalties. These provisions are particularly relevant for candidates preparing for administrative service positions.

Cybercrime and Modern Offenses

One of the most significant advances of the National Criminal Code over the old Muluki Ain is the inclusion of provisions dealing with modern offenses that did not exist when the original code was drafted. As Nepal’s digital infrastructure has expanded, cybercrime has become a growing concern, and Loksewa exams have begun including questions on these provisions with increasing frequency.

Cybercrime Provisions

The code addresses several categories of cybercrime:

• Unauthorized access to computer systems: Hacking into computer systems, networks, or databases without authorization is punishable with imprisonment and fines
• Data theft and manipulation: Stealing, altering, or destroying electronic data without permission
• Online fraud and identity theft: Using electronic means to commit fraud, impersonate others, or steal personal information
• Cyber harassment and stalking: Using electronic communication to harass, threaten, or stalk individuals
• Publication of obscene material online: Creating, distributing, or hosting obscene content through electronic platforms
• Electronic forgery: Creating or altering electronic documents with dishonest intent

Money Laundering (Kalo Dhan Safaa)

The code criminalizes the process of disguising illegally obtained money to make it appear legitimate. Money laundering provisions apply to proceeds from any criminal activity, including drug trafficking, corruption, fraud, and organized crime. The penalties increase when the laundering involves large sums or is conducted through organized networks.

Human Trafficking (Manab Bechbikhan)

Human trafficking provisions are among the strongest in the National Criminal Code. The code defines trafficking broadly, covering trafficking for sexual exploitation, forced labor, organ harvesting, and other forms of exploitation. Penalties are severe, with life imprisonment possible for the most egregious cases. Cross-border trafficking carries enhanced penalties.

Organized Crime (Sangathit Aparadh)

The code introduces formal provisions for dealing with organized criminal groups. This includes provisions for charging individuals who participate in criminal organizations, even if they did not directly commit the specific criminal act. The concept of criminal conspiracy within organized groups is treated as a distinct offense.

Terrorism-Related Offenses

While Nepal also has separate anti-terrorism legislation, the National Criminal Code contains provisions addressing terrorist acts, financing of terrorism, and support for terrorist organizations. These provisions complement other specialized laws and provide a comprehensive framework for addressing terrorism within the criminal justice system.

Punishment Framework

The punishment framework of the National Criminal Code is one of the most tested areas in Loksewa exams. Understanding the types of punishment, sentencing principles, and factors that increase or decrease penalties is essential for every candidate preparing muluki aparadh samhita loksewa notes.

Types of Punishment

The code provides for the following categories of punishment:

• Death penalty: Not applicable — Nepal has abolished the death penalty, making this a frequently tested factual point in Loksewa exams
• Life imprisonment (Jiban Kaaid): The most severe punishment, reserved for the gravest offenses such as treason and aggravated murder
• Imprisonment (Kaid Saja): Imprisonment for a specified term, ranging from a few days to 25 years depending on the offense
• Fine (Jariwana): Monetary penalty that may be imposed alone or in addition to imprisonment
• Compensation (Kshatipurti): Payment to the victim, which may be ordered in addition to other punishments
• Confiscation (Jafat): Seizure of property or proceeds connected to the crime

Age and Criminal Responsibility

The National Criminal Code establishes clear age thresholds for criminal liability, which is one of the most important topics for Loksewa preparation:

• Below 10 years: No criminal liability whatsoever — a child below 10 cannot be held criminally responsible for any act
• 10 to 14 years: Limited criminal liability — may be held responsible only if the child has sufficient maturity to understand the nature and consequences of the act. Punishment is significantly reduced
• 14 to 18 years: Criminal liability applies, but sentencing must consider the juvenile status. Reduced penalties and special procedures under juvenile justice provisions
• 18 years and above: Full criminal liability as an adult

Sentencing Principles

The code establishes several guiding principles for sentencing that judges must follow:

• Proportionality: Punishment must be proportional to the severity of the offense and the degree of culpability
• Consistency: Similar offenses should attract similar punishments to ensure fairness
• Rehabilitation: Sentencing should consider the possibility of reforming the offender, especially for younger offenders
• Victim consideration: The impact on the victim and the need for compensation are factors in sentencing

Aggravating and Mitigating Factors

The National Criminal Code lists specific circumstances that may increase (aggravate) or decrease (mitigate) a sentence:

• Aggravating factors: Repeat offenses, offenses against vulnerable persons (children, elderly, disabled), use of weapons, breach of trust or position, crimes committed in a group
• Mitigating factors: First-time offense, genuine remorse, cooperation with authorities, provocation by the victim, young age of the offender, mental health conditions

Statute of Limitations (Haddmyaad)

An important aspect of the punishment framework is the limitation period for filing criminal cases. Different offenses have different limitation periods, and once the limitation period expires, prosecution is generally barred. However, there is no limitation period for the most serious offenses such as murder and treason. The concept of Haddmyaad is a regular topic in Loksewa exams.

Previous Year Questions from This Topic

Understanding the types of questions that have appeared in previous Loksewa exams can significantly boost your preparation strategy. Below are representative questions and themes that have been asked about the National Criminal Code in past PSC examinations for officer-level and assistant-level positions.

Objective (Multiple Choice) Questions

1. Q: When did the National Criminal Code come into effect?
   Answer: 2075 Bhadra 1 (August 17, 2018)
2. Q: What is the minimum age for full criminal responsibility under the National Criminal Code?
   Answer: 18 years
3. Q: Below what age is a person completely exempt from criminal liability?
   Answer: 10 years
4. Q: What is the maximum punishment under the National Criminal Code?
   Answer: Life imprisonment (there is no death penalty in Nepal)
5. Q: How many persons are required to constitute dacoity under the criminal code?
   Answer: Five or more persons
6. Q: Which code replaced the criminal provisions of the Muluki Ain 2020?
   Answer: National Criminal Code, 2074
7. Q: Under which Dafa is murder defined in the National Criminal Code?
   Answer: Dafa 177

Subjective (Written) Questions

1. Explain the distinction between murder and culpable homicide not amounting to murder under the National Criminal Code.
2. Discuss the provisions related to cybercrime in the National Criminal Code. How adequate are they in addressing modern digital threats?
3. What are the general exceptions to criminal liability under the National Criminal Code? Explain the right of private defense.
4. Analyze the punishment framework of the National Criminal Code, including the types of punishment and sentencing principles.
5. Compare the treatment of sexual offenses under the old Muluki Ain and the new National Criminal Code. What improvements have been made?

Study Tips for Law Sections

Preparing the law portion of Loksewa exams can feel overwhelming, especially when dealing with a comprehensive statute like the National Criminal Code. Here are proven strategies to study effectively and maximize your score in law-related questions.

1. Master the Structure First

Before diving into individual sections, understand how the entire code is organized. Know the parts, chapters, and the general flow of topics. This structural awareness helps you quickly locate relevant provisions during study and recall them during the exam. Use the structure table provided earlier in this article as your roadmap.

2. Focus on High-Frequency Sections

Not all sections are equally important for Loksewa. Prioritize the “Very High” importance sections from our key provisions table. Spend approximately 60% of your law study time on these high-frequency areas: general provisions, criminal liability principles, offenses against persons, property offenses, and punishment framework.

3. Study Section Numbers with Context

Rather than trying to memorize section numbers in isolation, learn them in the context of what they cover. For example, instead of just memorizing “Dafa 177,” associate it with the full context: “Dafa 177 — intentional murder — life imprisonment or up to 20 years.” This contextual approach makes recall much more reliable under exam pressure.

4. Use the Comparison Method

A powerful study technique is to compare related offenses. For instance, compare murder vs. culpable homicide vs. negligent death. Or compare theft vs. robbery vs. dacoity. Understanding the distinctions between similar offenses is exactly what Loksewa examiners test. Create comparison charts and review them regularly.

5. Practice Previous Year Questions

There is no substitute for practicing actual exam questions. Solve previous year PSC questions related to the National Criminal Code. This not only familiarizes you with the question format but also reveals which topics the PSC considers most important. The Loksewa Tayari App provides a comprehensive bank of previous year questions with detailed explanations.

6. Create Flashcards for Key Dafa Numbers

Make flashcards with the Dafa number on one side and the offense name, key elements, and punishment on the other. Review these flashcards daily during your preparation period. Spaced repetition — reviewing cards at increasing intervals — is scientifically proven to enhance long-term retention.

7. Study with Scenario-Based Questions

Modern Loksewa exams increasingly use scenario-based questions. Create your own scenarios and try to identify which Dafa applies. For example: “A group of six armed men robs a bank at night. What offense(s) are committed, and what Dafa applies?” Working through such scenarios builds the analytical skills that PSC examiners value.

8. Connect Criminal Law to Constitutional Provisions

Many criminal law questions in Loksewa exams test your ability to connect the National Criminal Code with constitutional provisions. For instance, how do criminal law provisions align with the fundamental rights guaranteed by the Constitution of Nepal 2072? Understanding these connections elevates your answers from good to excellent. Read our comprehensive officer exam preparation guide for more strategies.

9. Revise Regularly with Mock Tests

Consistent revision is key. Take weekly mock tests that include law questions from the National Criminal Code. Track your scores and identify weak areas for additional study. The Loksewa Tayari App offers timed mock tests that simulate actual PSC exam conditions.

10. Supplement with Recent Court Decisions

For officer-level and judicial service exams, knowledge of how courts have interpreted key provisions of the National Criminal Code can give you an edge. Follow Supreme Court landmark decisions that interpret provisions of the criminal code. This demonstrates advanced understanding in written exams and interviews.

Frequently Asked Questions (FAQ)

Final Thoughts

The National Criminal Code is a cornerstone of Nepal’s modern legal system and a critical subject for anyone preparing for Loksewa examinations. By understanding its structure, mastering the key provisions, and practicing with exam-style questions, you can confidently tackle any criminal law question that the Public Service Commission throws at you. Remember, consistent study with the right resources makes all the difference. Use the Loksewa Tayari App to access structured practice questions, mock tests, and detailed syllabus-aligned study materials for the National Criminal Code and all other Loksewa subjects.