Muluki Criminal Procedure Code 2074
Exam Snapshot
The Muluki Criminal Procedure Code 2074 is a core statute for the TU LLB entrance. Expect MCQs on its key procedural stages, Constitutional anchors, and timelines.
Core Concept
The Muluki Criminal Procedure (Fauzdari Karya Bidhi) Sanhita, 2074 is the primary procedural law governing criminal investigation, prosecution, and trial in Nepal. It operationalizes Constitutional justice rights.
Nepal Law Anchors
- Enactment: 16 Bhadra 2074 BS.
- Commencement: 1 Bhadra 2075 BS.
- Basis: Articles 20 (Right to Justice) and 21 (Right of Victim of Crime) of the Constitution of Nepal.
Key Procedural Stages
- FIR (Jaheri): Written/oral complaint for State-case offenses.
- Investigation: Conducted by police under Public Prosecutor supervision.
- Arrest: 24-hour rule (must present to court within 24 hours, excluding travel time).
- Bail: Accused's right to request release.
- Trial/Sentencing: Separate hearing for sentencing after conviction.
Confusable Terms
| Term | Muluki Criminal Procedure Code 2074 | Muluki Criminal Code 2074 |
|---|---|---|
| Nature | Procedural (how to enforce) | Substantive (defines crime/punishment) |
MCQ Traps
- Dates: Confusing enactment (2074) vs. commencement (2075).
- Investigation: Ignoring the Public Prosecutor's supervision role.
- 24-hour rule: Forgetting the 'excluding travel time' clause.
- FIR: Thinking all complaints are FIRs.
Example
Scenario: A person reports a crime -> Police register FIR -> Investigation under Prosecutor -> Arrest -> Court (within 24 hrs) -> Bail -> Trial -> Separate sentencing hearing. This flow captures the Code's core procedure.
Memory Hook
Think of the 'F-Code': FIR, Fair Trial, Fast Procedure, Final Sentencing.
Quick Revision
- Purpose: Manage investigation, prosecution, trial.
- Key: 24-hour rule, Public Prosecutor supervision, Victim rights, Separate sentencing.