Class 12 Civil Law and Criminal Law

Secondary Education Curriculum
2076(CDC)
Civil Law and Criminal Law

Working hrs: 160

1. Introduction

In the realm of justice, the civil matters are concerned with the everyday life of general people. In large number of affairs, the individual citizens are involved in transaction without any involvement in the formal or government institutions. Often, the transaction generates disputes, and the state’s judicial and quasi-judicial bodies, including process of arbitration and mediation of disputes by parties themselves, must handle such issues to set forth justice. This curriculum acquaints the student with core principles and methods of civil and criminal justice system of Nepal and also explores the historical development, current operation, and future trends of civil and criminal justice.

This curriculum familiarizes the student with the terms, procedures, principles of substantive civil matters and laws related to it. The civil law and justice part provide a wide-ranging and detailed overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation and justice. It covers the Nepali criminal system through a review of the history of criminal law and present criminal justice system. The students will examine both the reasoning behind criminal law, the practical applications of the law, and current issues in the enforcement of the law.

The curriculum has been offered as per the structure of National Curriculum Framework. It provides a comprehensive outline of level-wise competencies, grade-wise leaning outcomes and scope and sequence of contents, suggested practical/project activities, learning facilitation process and assessment strategies so as to enhance the learning on the subject systematic.

2. Competencies

At the end of this course, the students will have developed the following competencies:

1. Explain the concept of civil law with reference to Nepalese legal provisions.
2. Analyze the general principles of civil and criminal law and justice, with emphasis to Nepalese context and Muluki Civil and Criminal codes.
3. Describecore process of the civil law, litigation system, and judicial proceedings as prescribed by the laws of Nepal.
4. Demonstrate understanding of general modality of criminal justice system including concept of crime, criminal law and punishment of Nepal.
5. Distinguish between civil and criminal litigation and procedures.
6. List the major crimes in Nepal and discuss the legal procedures and punishment for them.
7. Explore and analyze the civil and criminal cases and their application in practical contexts.

Scope and Sequence of Contents

1. Introduction to Civil Law and Justice ( 6 Working Hours)

1.1 Concept, nature and scope of civil law and justice
1.2 Importance of civil law and justice
1.3 Principles of civil law under Muluki Civil Code, 2074
1.4 Characteristics of civil law and justice
1.5 Differences between civil law and justice and criminal law and justice

2. Introduction to Property Law ( 12 Working Hours)

2.1 Concept and types of property law
2.2 Law of property transaction
2.3 Law of gift and donations
2.4 law of partition
2.5 Law of succession/inheritance
2.6 Registration of property ownership

3. Introduction to law of Marriage and Divorce ( 12 Working Hours)

3.1 Definition and types of marriage
3.2 Legal criteria of marriage
3.3 Valid, void and voidable marriage
3.4 Divorce and criteria of divorce
3.5 Alimony

4. Law Concerning Adoption ( 12 Working Hours)

4.1 Concept of adoption
4.2 Requirements for valid adoption
4.3 Procedures of adoption
4.4 Rights & responsibilities of adopted children and Parents
4.5 Revocation of adoption
4.6 National and inter-country adoption

5. Law of Contract ( 12 Working Hours)

5.1 Meaning and elements of contract
5.2 Kinds of contract (valid, voidable, void)
5.3 Performance and breach of contract and their remedies

6. Introduction to Criminal Law and Justice ( 10 Working Hours)

6.1 Concept and definition of crime, crime victim and criminal law
6.2 Classification of crime: simple, grievous, heinous
6.3 Concept and nature of crime and criminal law
6.4 Types of criminal liability
6.5 Elements of crime-actus reus (commission, omission and the state of affairs) and mens rea (intention, recklessness, negligence), transferred malice
6.6 Stages of crime: preparation, planning, conspiracy, attempt and completion of crime
6.7 Inchoate offences

7. Punishment System ( 10 Working Hours)

7.1 Concept and meaning of punishments
7.2 Types of sentence: physical, pecuniary, community punishment
7.3 Theories of punishment: retributive, deterrence, preventive, reformative

8. Development of Criminal Justice in Nepal ( 9 Working Hours)

8.1 Historical development of criminal justice system in Nepal
8.1.1 Kirat dynasty
8.1.2 Lichhavi dynasty
8.1.3 Malla dynasty
8.1.4 Shah dynasty and Rana period
8.2 Modern era of Nepali criminal justice system

9. Some Major Crimes ( 25 Working Hours)

9.1 Offence against documents
9.1.1 Forgery of documents
9.1.2 Fraud of document
9.1.3 Abuse or forgery of government documents
9.2 Offence against property: theft & dacoit, cheating, looting
9.3 Offence against person: homicide, physical assault, trafficking of drugs and trafficking in persons, kidnapping, sexual offences (rape, indecent assault, pedophile, sexual harassment)

10. Major Principles of Criminal law ( 6 Working Hours)

10.1 Some important principles of criminal law
10.1.1 Ignorance of law is no excuse
10.1.2Nullem crimen sine lege
10.1.3 Principles of double jeopardy
10.1.4 Crime dies with criminal
10.1.5 Principles of ex post-facto law
10.1.6Actus non facitreum nisi mens sit rea
10.2 Procedural rights of the suspects
10.2.1 Right to have notice and information about arrest and criminal proceedings
10.2.2 Right against torture and right to have compensation for torture
10.2.3 Right to have counsel and legal representation from lawyers of choice
10.2.4 Right against detention except judicial remand
10.2.5 Right to remain silence
10.2.6 Right against double jeopardy

11. Victim Justice ( 6 Working Hours)

11.1 Introduction to crime victim
11.2 Rights of crime victims
11.2.1 Right to have notice of case proceedings
11.2.2 Right to privacy
11.2.3 Right to compensation
11.2.4 Right to restoration, reintegration and rehabilitation
11.3 Duty of crime victim