SECTION XII.

SOME ACCOUNT

OF THE

SYSTEMS OF LAW AND POLICE AS RECOGNISED IN THE STATE OF NÉPÁL.

INTRODUCTION.

[WITH a view to obtain correct and authentic information on the subject of Népalese law, both in its theoretical principles and practical administration, Mr. Hodgson addressed a series of questions to several individuals who were judged most capable of replying to them in a full and satisfactory manner. Copies of these series of interrogatories, with their respective answers, have been communicated by him to the Royal Asiatic Society (together with a separate paper on crimes and punishments); and the following article has been drawn up from a careful comparison of the whole, excluding as much as possible the repetitions unavoidably occurring, in many instances, in the various answers to any particular question. A reference to the works of Kirkpatrick, Hamilton, and others will show how little has hitherto been contributed to the knowledge of Europeans respecting Oriental systems of jurisprudence, as far as regards the kingdom of Népál; it is therefore particularly gratifying to be enabled to produce so complete a view of the subject as has been furnished by Mr. Hodgson, whose perseverance and energy in obtaining an acquaintance with these and other matters hitherto kept sacred from all strangers, are only equalled by the intelligent and liberal manner in which he communicates to the public the information he has acquired.-ED. JOUR. ROYAL ASIATIC Soc.]

PART I.

ON THE LAW AND POLICE OF NEPAL

QUESTION I.-How many courts of law are there at Káthmándú? What is the name of each?

ANSWER.-There are four Nyayasab'hás, the first and chief

of which is called Kót Linga; the second, Inta Chapli; the third, Taksúr; and the fourth, Dhansár. [Another answer mentions four additional courts, viz., the Kósi,* the Búngyabit hák, the Daftar Khána, and the Chibhándel. In the Kósi, the Sirkár itself administers justice. The Búngya-bíťhák is the general record-office of the fisc, and a separate diť'ha § presides over it. It is also a Mahal-Adálat.|| The Kót Lingu, Inta Chapli, Taksár, and Dhansár are the proper Adálats, exercising both civil and criminal jurisdiction. In the Daftar Khána the disputes of the soldiers relative to the lands assigned them for pay are investigated, and the Chíbhandel is a tribunal for the settlement of all disputes relating to houses; neither of these courts possesses criminal jurisdiction; and whatever penal matters may arise out of the cases brought before them are carried to the Inta Chapli. All these Adálats are situated in the city of Káthmándú, and within eighty or ninety paces of each other.]

QUESTION II-What are the territorial limits of the jurisdiction of each court? ¶

ANSWER-There are no limits expressly assigned. Any citizen of Káthmándú or Bhátgáon, or any subject dwelling in the provinces, may carry his cause to any court, provincial or superior, that he pleases. [Another answer says, that whencesoever a civil suit comes, and whatever may be its amount, it may be heard in any of the four courts of the capital at the plaintiff's pleasure; but that grave penal cases must be carried to the Inta Chapli.]

* Also called Bháradár Sabhá, or great council of state.

+ Also called Kumari Chók.

The Government, or its representative.

§ A superintending minister of justice, who does not try causes, but watches over the conduct of the court.-B. HAMILTON.

A court for questions relating to land revenue.-ED.

See note at Ques. LXXVI. The Sadr courts' jurisdiction (ordinary) extends east to the Dud Cosi, west to the Trisul. Beyond these limits there are a class of royal judges called mountain bicháris to whom, in assigned lands (and all nearly are assigned), there is an appeal from the decisions of the assignee. Every assignee, save the sipahis and inferior officers, has a good deal of magisterial and judicial authority, and the fines he inflicts, particularly for breach of the law of caste, are a part of his usual income. But grave cases can always be appealed to the capital, and sentences involving death or confiscation must be so, however high the local authority passing such sentences. See p. 200. Pulpa and Doti are administered like Dhankuta

QUESTION III.-Are the four Adúlats of the capital of equal and co-ordinate authority, or how far is one subjected to another?

ANSWER-The other courts of the capital are subject to the Kót Linga, in which the supreme judicial officer or dit'ha personally presides.

QUESTION IV.-Do the courts of the capital always sit, or have they terms and vacations?

ANSWER. They always sit, with the exception of fifteen days. in the twelve months, viz., ten days at the Dasahrá, and five days at the Dewáli,* during which the courts are closed.

QUESTION V.-Are the courts of the capital permanently fixed there; or do their judges, or any of them, make circuits, civil or criminal?

ANSWER. They are fixed, nor does any judicial authority of the capital ever quit it. When necessary, the dit'ha sends special judges (bichári) into the provinces.

QUESTION VI.-In what cases does an appeal lie from the supreme or provincial courts to the Bháradár Sabhá?

ANSWER.-If any one is dissatisfied with the decision of the courts of the capital on his case, he may petition the Government, when the bháradárs (ministers) assembled in the nhólcha (palace) receive his appeal and finally decide. [Another respondent says: "If the matter be grave, and the party, one or other, be dissatisfied with the judgment of the courts of law, he applies first to the premier and if he fails in obtaining satisfaction from him, he then proceeds to the palace gate, and calls out, 'Justice justice!' which appeal, when it reaches the rájá's ears, is thus met: four kájis, four sirdúrs, four eminent panchmen, one dit'ha, and one bichári are assembled together in the palace, and to them the matter is referred, their award being final."]

QUESTION VII.-Are the bháradárs, or ministers, assisted in judicial cases by the chief judicial authorities of the capital, when they hear appeals in the Bháradár Sabhá?

ANSWER. They are: the dit'ha, the bicháris, and the dharmádhikari,† sit with the ministers in such cases.

• Dasahrá and Dewáli, public festivals.

A high law officer; the chancellor.

QUESTION VIII.-What concern has the dharmadhikari with the courts of law in civil and penal cases; and of a hundred cases brought before the courts, what number will come in any way under the cognisance of the dharmadhikári?

ANSWER.-Eating with those with whom you ought not to eat; sexual commerce with those between whom it is forbidden; drinking water from the hands of those not entitled to offer it -in a word, doing anything from negligence, inadvertence, or licentiousness, by which loss of caste is incurred, renders the sinner liable to the censure of the dharmadhikári. He must pay the fine called Gáo-dán to the dhurmádhikari, who will cause him to perform the práyaschitta.* In such matters only has the dharmadhikári any concern.

QUESTION IX.-Is any pursuer-general or defender-general recognised in the system?

ANSWER.-No; none whatever.

QUESTION X.-If the prosecutor fail to appear at the trial of an offender confined at his instance, is the offender dismissed, or what course is taken?

ANSWER.-The offender is not dismissed, but remanded to confinement, and the trial is deferred.

QUESTION XI.-What, and how many, provincial courts are there?

ANSWER. For the provinces west of the capital there are two courts constituted by the supreme judicial authority there; that is, the diťha; and the provinces east of the capital have also two courts similarly constituted.+

QUESTION XII.-Is the regular appeal from the provincial courts of justice to the ordinary courts of the capital, or to the Bháradár Sabhá?

* See Question XXX.

+ Palpa and Doti (and Kiránt also, see page 200) are viceroyalties, and their viceroys appoint the judicial establishment; the other districts beyond the ordinary limits of the Sadr courts' jurisdiction (Dud Cosi and Trisul) are administered by mountain bicháris nominated by the Rajah. There is no dit'ha in the provinces, but an appeal lies from all the mountain bicháris to the dit'ha of the supreme metropolitan court. To the westward there are eight, and to the eastward four mountain bicháris, besides which every assignee of superior grade exercises a good deal of indefinite magisterial and judicial power in the lands assigned to him for pay by the State. From the Pecision of such assignees there is an appeal to the court of the adjacent mountain bicháris and thence to the dit'ha of the Kót Linga.