National Civil Code (Muluki Dewani Samhita) — Important Topics for Section Officer Exam

Last updated: March 26, 2026 • Reading time: 12 min • Category: Section Officer Syllabus

If you are preparing for the Section Officer (Adhikrit) level Loksewa examination conducted by the Public Service Commission (PSC) of Nepal, you cannot afford to ignore the Muluki Dewani Samhita — the National Civil Code of Nepal. This single piece of legislation covers contracts, property, family relations, torts, and much more, and it appears repeatedly in both the written exam and interview rounds.

In this comprehensive guide, we break down every section of the civil code Nepal Loksewa syllabus into digestible topics. You will find structural overviews, comparison tables, key legal principles, and a focused study strategy so you can maximize your score in the law portion of the exam. Whether you call it Muluki Dewani Samhita, Rashtriya Dewani Samhita, or simply the Civil Code 2074, this article is your one-stop reference for muluki dewani notes.

Overview of Muluki Dewani Samhita

The Muluki Dewani Samhita (National Civil Code, 2074 BS) is Nepal’s principal statute governing civil legal matters. Enacted by the Federal Parliament in 2074 BS (2017 AD) and brought into force on 1 Bhadra 2075 BS (17 August 2018), it replaced the civil law provisions that were previously scattered within the Muluki Ain 2020 (Country Code 1963). The code was drafted as part of a broader legal reform initiative that also produced the Muluki Aparadh (Saza Nirdharan tatha Karyabidhisambandhama) Samhita and the Muluki Foujdari Samhita.

The Muluki Dewani Samhita was designed with several objectives in mind:

• Codification: To bring all civil law provisions under one unified statute, eliminating confusion caused by fragmented legislation.
• Modernization: To align Nepal’s civil law with international norms and contemporary legal principles, including equality-based family law and contract law reforms.
• Constitutional mandate: To fulfill the directive of the Constitution of Nepal 2072, which required new comprehensive civil and criminal codes.
• Accessibility: To provide a single, readable reference for citizens, legal professionals, and government officers alike.

For Loksewa aspirants, particularly those targeting the Section Officer level examination, this code is essential. The PSC syllabus specifically includes the Muluki Dewani Samhita under the law and governance paper. Questions can range from basic structural knowledge (“How many parts does the code have?”) to applied legal analysis (“Under what conditions is a contract voidable?”). Understanding this code is not just about memorization — it is about grasping the legal principles that underpin Nepal’s civil governance framework.

Structure of the Muluki Dewani Samhita

Understanding the structural layout of the Civil Code is the first step in systematic preparation. The Muluki Dewani Samhita is divided into seven major parts (Bhag), each addressing a distinct domain of civil law. The table below provides a complete structural map of the code, including the number of chapters in each part and the section range. This table alone can help you answer several factual questions that the PSC frequently includes.

Notice how the code moves logically from general principles to specific domains. Part 1 establishes the foundation (who can enter legal relationships and under what authority), Parts 2 and 3 deal with individuals and families, Part 4 addresses property, Part 5 covers contractual obligations, Part 6 handles non-contractual liability, and Part 7 wraps up with procedural and transitional rules. This logical flow is helpful for remembering the code’s organization during the exam.

Sections You Must Memorize

While you do not need to know every one of the 735 sections, certain section numbers come up repeatedly in past PSC question papers:

• Section 1–4: Short title, commencement, definitions, and application.
• Section 25–30: Legal capacity and domicile.
• Section 89–100: Conditions and procedures for marriage.
• Section 109–118: Divorce provisions.
• Section 200–218: Partition of property (Anshbanda).
• Section 357–400: General contract formation and validity.
• Section 595–620: Tort and civil wrongs.
• Section 682–700: Limitation periods (Hadmyad).

Key Topics for Loksewa Examination

Based on analysis of past PSC question papers and the published Section Officer syllabus, the following topics from the Muluki Dewani Samhita carry the highest weight. The table below ranks them by frequency and includes the relevant part and chapter references so you can locate them quickly in the original statute.

As the table shows, contract law and family law dominate the exam. If you are short on time, prioritize these two areas. However, well-prepared candidates should also study property and tort provisions to compete for the highest marks.

Contract Law Provisions

Part 5 of the Muluki Dewani Samhita (Sections 357–594) is dedicated to Karar (Contracts). This is arguably the most important part for Loksewa candidates because contract law questions appear in nearly every Section Officer exam paper. The code establishes a comprehensive framework for how agreements are formed, what makes them enforceable, and what remedies are available when they are breached.

Formation of a Valid Contract

According to the Muluki Dewani Samhita, a valid contract requires the following essential elements:

1. Free consent (Swatantra Sahamati): Both parties must agree voluntarily, without coercion, undue influence, fraud, or misrepresentation.
2. Legal capacity (Kanuni Yogyata): The parties must be of legal age (18 years for general contracts, per the capacity provisions in Part 1) and of sound mind. Minors and persons of unsound mind cannot enter valid contracts.
3. Lawful consideration (Badlapatra): There must be something of value exchanged between parties. The code recognizes both monetary and non-monetary consideration.
4. Lawful object (Kanuni Bishaya): The subject matter of the contract must not be illegal, immoral, or against public policy.
5. Certainty of terms: The essential terms of the agreement must be clear and definite enough to be enforceable.

Void and Voidable Contracts

The code draws a critical distinction between contracts that are void (Badhar) from the outset and those that are voidable (Badarya) at the option of one party:

• Void contracts: Agreements made by minors (with exceptions), agreements with unlawful consideration, agreements to do impossible acts, and agreements that violate public policy are treated as void ab initio — they have no legal effect from the beginning.
• Voidable contracts: Contracts obtained through coercion (Dab), undue influence (Auchitya Prabhav), fraud (Thagi), or misrepresentation (Mithya Bayana) are valid until the aggrieved party chooses to rescind them. The right to rescind must typically be exercised within a reasonable time.

Specific Types of Contracts

Beyond general contract principles, the Muluki Dewani Samhita dedicates separate chapters to specific categories of contracts:

• Sale of goods (Bikri Karar): Chapter 23 deals with the sale and transfer of movable property, including conditions for delivery, risk transfer, and warranties.
• Lease and tenancy (Bhadakama Liyeko): Chapter 24 governs rental agreements for both movable and immovable property, including tenant rights, notice periods, and grounds for eviction.
• Partnership (Sajhedari): Chapter 25 covers the formation, operation, and dissolution of partnerships, including the rights and liabilities of partners.
• Agency (Pradhinidhitwa): Chapter 26 addresses the principal-agent relationship, the scope of an agent’s authority, and the liability of principals for agents’ actions.

Remedies for Breach of Contract

When a party fails to fulfill contractual obligations, the Muluki Dewani Samhita provides several remedies:

• Compensation (Kshatipurti): The non-breaching party can claim monetary damages to cover losses directly caused by the breach.
• Specific performance (Karya Sampadhan): In cases where monetary compensation is inadequate (particularly for unique goods or immovable property), the court may order the breaching party to fulfill their contractual obligations.
• Rescission (Karar Badar): The injured party may cancel the contract and be restored to the position they were in before the contract was made.
• Injunction (Ades): A court order to prevent a party from doing something that would breach the contract.

Property and Land Rights

Part 4 of the Muluki Dewani Samhita (Sections 221–356) addresses Sampatti (Property) — an area of law that has direct relevance to daily governance in Nepal and, consequently, a significant presence in the Section Officer exam. Nepal’s history of land reform and agrarian law makes property provisions especially nuanced and frequently tested.

Ownership and Possession

The code distinguishes clearly between ownership (Swamitwa) and possession (Bhogadhikar):

• Ownership is the legal right to use, enjoy, and dispose of property. It can be acquired through purchase, inheritance, gift, or government grant.
• Possession refers to the physical control over property, which may or may not coincide with ownership. The code protects possessors against unlawful dispossession even if they are not the legal owners.

The code also addresses joint ownership (Sanyukta Swamitwa), which is common in Nepal due to the joint family tradition. Rules for co-owners include the right to seek partition, the requirement for consent before sale or encumbrance, and the right of pre-emption.

Transfer of Property

The Muluki Dewani Samhita lays down rules for the transfer of both movable and immovable property:

• Sale (Bikri): Transfer of ownership in exchange for a price. For immovable property, registration at the Land Revenue Office is mandatory for the transfer to be legally effective.
• Gift (Dan): Voluntary transfer without consideration. Gifts of immovable property must also be registered. The code specifies conditions under which a gift can be revoked.
• Inheritance (Ansha): Transfer of property upon the death of the owner to legal heirs according to the succession rules in Part 3. Nepal follows a system that provides equal inheritance rights to sons and daughters.
• Exchange (Satasat): Mutual transfer of property between parties.

Partition of Property (Anshbanda)

The concept of Anshbanda (partition) is deeply rooted in Nepal’s legal tradition and is one of the most commonly tested topics in muluki dewani samhita loksewa questions. Key principles include:

• All coparceners (Anshaband) in a joint family have an equal right to demand partition of the joint property.
• Daughters have equal rights to ancestral property as sons, a provision that aligns the code with the constitutional guarantee of equality.
• The share of a deceased coparcener goes to their legal heirs.
• Certain property, such as Daijo (gifts received by a woman at the time of marriage) and Pewa (self-acquired property of a woman), is not subject to partition.
• If coparceners cannot agree on partition, the matter can be resolved through the court, which will appoint a partition officer to divide the property equitably.

Trust and Endowment (Guthi)

The code includes provisions on Guthi (trust or endowment property) that is dedicated to religious, charitable, or community purposes. While not tested as frequently as partition or transfer, these provisions may appear in subjective questions about the scope and limitations of property rights under the Civil Code.

Family Law Provisions

Part 3 of the Muluki Dewani Samhita (Sections 89–220) covers Pariwar (Family) law and is the second most heavily tested area after contracts. This part governs the legal aspects of marriage, divorce, adoption, guardianship, and inheritance — issues that intersect with everyday governance and citizen services.

Marriage (Bibaha)

The Muluki Dewani Samhita establishes specific conditions for a valid marriage:

• Minimum age: Both parties must have attained 20 years of age. Marriage below this age is prohibited, and facilitating child marriage is punishable under the criminal code.
• Free consent: Both parties must voluntarily agree to the marriage without coercion or duress.
• Prohibited relationships: Marriage between close blood relatives (Sapinda) is not permitted.
• Subsisting marriage: A person already married cannot enter into another marriage unless the first marriage has been legally dissolved.
• Mental capacity: Both parties must be of sound mind at the time of marriage.

The code also requires registration of marriage at the local government level. Unregistered marriages, while not automatically void, create evidentiary challenges in legal disputes.

Divorce (Sambandhbichchhed)

The Muluki Dewani Samhita provides for both mutual-consent divorce and fault-based divorce. Grounds for fault-based divorce include:

• Domestic violence or cruelty.
• Desertion for a continuous period (typically three or more years).
• Living separately for a prescribed period without reconciliation.
• Incurable mental illness or communicable disease (with specific conditions).
• Bigamy by one spouse.
• Conviction for a serious criminal offense.

Upon divorce, the code provides for equitable division of jointly acquired property, alimony, and child custody arrangements. The welfare of the child is the paramount consideration in custody decisions.

Adoption (Dharmaputra/Dharmaputri)

The code allows adoption under specific conditions: the adoptive parent must be at least 18 years older than the child, the child must be below 18 years, and the adoption must be registered. Adopted children have equal rights as biological children in the family property.

Guardianship (Sanrakshak)

Provisions on guardianship cover the care and protection of minors and persons with mental disabilities. The code designates natural guardians (parents) and allows court-appointed guardians when natural guardians are unavailable or unfit. Guardians have fiduciary duties and cannot alienate the ward’s property without court approval.

Inheritance and Succession

Nepal follows the principle of equal inheritance. Key points include:

• Sons and daughters have equal share in parental property.
• A surviving spouse is entitled to a share equal to that of a child.
• If there are no direct descendants, property passes to the parents, and then to siblings and other relatives in a defined order of succession.
• A will (Pachhi Khat) can alter the succession order but cannot completely disinherit legal heirs who have a mandatory share.

Tort and Compensation

Part 6 of the Muluki Dewani Samhita (Sections 595–681) introduces a formal tort law framework into Nepal’s civil law — something that was largely undeveloped under the old Muluki Ain. Understanding Dayitwa ra Kshatipurti (Liability and Compensation) is essential for the Section Officer exam, particularly for subjective questions that test your ability to analyze civil wrongs and determine appropriate remedies.

What is a Tort under the Civil Code?

A tort, under the Muluki Dewani Samhita, is a civil wrong that causes harm or loss to another person, giving rise to a legal obligation to compensate the injured party. Unlike criminal offenses (handled under the Muluki Foujdari Samhita), torts are primarily addressed through monetary compensation rather than punishment.

Types of Liability

The code recognizes several categories of civil liability:

• Fault-based liability (Galti-ma Adharit Dayitwa): Liability arising from negligence or intentional wrongdoing. The claimant must prove that the defendant owed a duty of care, breached that duty, and caused foreseeable harm.
• Strict liability (Kathor Dayitwa): Liability that arises regardless of fault, typically in cases involving inherently dangerous activities, hazardous substances, or defective products. The defendant is liable even if they exercised due care.
• Vicarious liability (Pratinidhi Dayitwa): Liability imposed on one person for the actions of another, such as an employer being held liable for the torts committed by employees during the course of employment.

Determining Compensation

The Muluki Dewani Samhita provides guidelines for calculating compensation in tort cases:

• Actual damages: Medical expenses, loss of income, cost of repair or replacement of property.
• Future damages: Anticipated loss of earning capacity or ongoing medical costs.
• Non-pecuniary damages: Compensation for pain and suffering, mental anguish, and loss of enjoyment of life.
• Contributory negligence: If the claimant’s own negligence contributed to the harm, the compensation may be reduced proportionally.

Unjust Enrichment (Anyayapurna Labh)

The code also addresses situations where one party gains an unfair benefit at another’s expense without legal justification. In such cases, the enriched party must return the benefit or compensate the other party for its value. This is a relatively modern concept in Nepali civil law and may appear in exam questions testing your understanding of Part 6.

Limitation on Tort Claims

All tort claims are subject to limitation periods prescribed in Part 7 of the code. Generally, a claimant must file a tort action within a specified number of years from the date they knew or should have known about the harm. Failing to file within this period results in the claim being time-barred. The specific limitation periods vary by the type of tort, and memorizing the key timeframes is advisable for the exam.

Study Strategy for Section Officer Exam

The Muluki Dewani Samhita is a large and detailed statute, and covering all 735 sections is neither practical nor necessary for the Section Officer Loksewa exam. What you need is a strategic, focused approach that maximizes your score in the time you have. Here is a proven study plan used by successful candidates.

Step 1: Learn the Structure First

Before diving into individual sections, memorize the 7-part, 31-chapter structure of the code. Use the structural table provided above as your map. Knowing where a topic falls within the code helps you recall relevant sections during the exam and demonstrates organized thinking in subjective answers.

Step 2: Prioritize by Exam Weight

Based on the frequency table in this article, focus your preparation in this order:

1. Contracts (Part 5): Understand formation, void vs. voidable, breach, and remedies.
2. Family Law (Part 3): Focus on marriage, divorce, adoption, and partition.
3. Property (Part 4): Cover ownership, transfer, and joint property rules.
4. Tort (Part 6): Study the types of liability and compensation mechanisms.
5. General Provisions and Limitation (Parts 1 and 7): Memorize key definitions, capacity rules, and limitation periods.

Step 3: Study Key Section Numbers

PSC questions sometimes reference specific section numbers. You do not need to memorize all 735, but knowing the approximate range for each topic and the exact numbers for landmark provisions (like Section 89 for marriage conditions or Section 357 for contract formation) gives you a significant advantage.

Step 4: Practice Past Questions

Gather past PSC question papers from the last 5–10 years for Section Officer and similar officer-level exams. Identify recurring themes and practice writing structured answers. For MCQs, pay attention to trick questions that test the difference between void and voidable, or between ownership and possession.

Step 5: Use Comparative Study

Compare the provisions of the Muluki Dewani Samhita with related laws such as the Muluki Foujdari Samhita, the Land Act, and the Contract Act. Loksewa exams increasingly include cross-referencing questions that test your understanding of how different statutes interact. For example, you might be asked how the contract provisions in the Civil Code relate to the Companies Act or the Consumer Protection Act.

Step 6: Take Mock Tests

Practice under timed conditions using muluki dewani notes and topic-specific quizzes. Mock tests help you identify weak areas, improve time management, and build confidence. The Loksewa Tayari App offers curated question sets aligned with the PSC syllabus for the Section Officer exam.

Frequently Asked Questions (FAQ)

This article is part of our comprehensive Section Officer preparation series. For topic-wise quizzes, mock exams, and daily practice questions on the Muluki Dewani Samhita and other Loksewa subjects, download the Loksewa Tayari App or create your free account today.