Malla Legal System

Nepalese Legal System

By:
Suman Acharya
sumantext@gmail.com

1 Suman Acharya 04/04/2023

 Malla Period (1140- 1768)
 Malla means wrestler who came into power through fighting.
There are 3 groups; Newar of Kathmandu/Bhaktpur/ Lalitpur,
Thakuri of Western Region and Rajput in Tarai Mithila
Ari Malla was the first king of Malla dynasty who dethroned the
Lichhavi in Nepal.
Principle duty of Malla Monarch was to protect and preserve
justice commonly known as Dharma.
 Malla had good allegiance and faith to Hindu Religion.

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 Malla Rules of Whole Kathmandu
 Ari Deva: 1201 - 1216

Jayari Malla:1320 - 1344
Abhaya Malla : 1216 - 1235

Jayarudra Malla : 1320 - 1326
Ranasura : 1216
Jayaraja Deva :1347 - 1361

Jayadeva Malla: 1235 - 1258

Jayarjuna Malla:1361 - 1382
Jayabhima Deva :1258 - 1271 
Jayasthiti Malla :1382 - 1395
Jayasimha Malla:1271 - 1274 
Jayajyotir Malla :1395 - 1428
Ananta Malla :1274 - 1310 
Jayakiti Malla :1395 - 1403
Jayananada Deva :1310 - 1320 Jayadharma Malla :1395 - 1408

Jayayakshya Malla :1428 - 1482


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 Malla King of Kantipur
 Ratna Malla 1482 - 1520
Surya Malla 1520 - 1530
Amara Malla 1530 - 1538
Narendra Malla 1538 - 1560
Mahendra Malla 1560–1574
Sadashiva Malla 1574–1583
Shivasimha Malla 1583–
1620
Lakshminarasimha Malla
1620 - 1641
Pratap Malla 1641–1674
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Chakravartendra Malla 1669
Mahipatendra Malla 1670
Jayanripendra Malla 1674–1680
Parthivendra Malla 1680–1687
Bhupalendra Malla 1687–1700
Bhaskara Malla 1700–1714
Mahendrasimha Malla 1714–
1722
Jagajjaya Malla 1722–1736
Jaya Prakash Malla 1736–1746,
1750–1768
Jyoti Prakash Malla 1746–1750
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 Malla Rulers of Lalitpur
 Purandara Simha c.1580 - 1600
Harihara Simha c.1600 - 1609
Shiva Simha (King of Kantipur)
1609 - 1620
Siddhi Narasimha 1620 - 1661
Srinivasa Malla 1661 - 1685
Yoga Narendra Malla 1685–1705
Loka Prakash Malla 1705–1706
Indra Malla (Purandara Malla)
1706–1709
Vira Narasimha Malla 1709
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Vira Mahindra Malla 1709–1715
Riddhi Narasimha 1715–1717
Mahindra Simha (King of Kantipur)
1717–1722
Yoga Prakash Malla 1722–1729
Vishnu Malla 1729–1745
Rajya Prakash Malla 1745–1758
Vishvajit Malla 1758–1760
Jaya Prakash Malla (King of Kantipur)
1760–1761, 1763–1764
Ranajit Malla (King of Bhaktapur)
1762–1763
Dala Mardan Shah 1764–1765
Tej Narasimha Malla 1765–1768
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 Malla King of Bhaktpur
 Raya Malla 1482 - 1519
Prana Malla 1519 - 1547
Vishva Malla 1547 - 1560
Trailokya Malla 1560–1613
Jagajjyoti Malla 1613–1637
Naresha Malla 1637–1644
Jagat Prakasha Malla 1644–1673
Jitamitra Malla 1673–1696
Bhupatindra Malla 1696–1722
Ranajit Malla 1722–1769

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 Famous Malla King
Jitamitra Malla: During his reign of 21 years, he wrote dramas like
"Jaimini Bharata" and "Ashwo Megha". He also rebuilt the 2 storey of
Pashupati Nath Temple. He issued Irrigation sthiti
Sriniwas Malla: This religious and art lover King built "Degutale"
Temple and reconstructed "Bhim mandir" and "Machhendra Nath
Temple". He was popular for Security Sthiti
Pratap Malla: He was popular for foreign relation, trade and treaty with
Lasha. In his dream he saw that " when he went to Budhanilkantha
Temple he died", and it is believed till date that if any king goes to this
temple it is sure that he dies. He negotiated with king of Patan, Sri Niwas
Malla about the border relation with Kali Puran, Haribansh Puran and
khukuri. He also started Machhindra Nath Chariot.

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 Contd…
Mahindra Malla: He was known for taking meal after taking by the
people and sthiti for dispute settlement in local level appointed to the
thakali. this Malla king published his silver coin named "Mahindra
Malli". He emphasized the development of cottage industries.
 Siddhinarshingh Malla: Sthiti for settle down the dispute of trust, Sthiti
for prayaschita. A treaty made with Ram shah to ruled the country with
friendship if there is no any successors and he sent 24 persons for
business in Nuwakot.
Ranjit Malla: Sthiti of Guthi or Trust and punishment Kumari Sthiti, and
practice of participatory justice delivery. Ranajit Malla was last king of
Bhadgaun (Present Bhaktapur). His social reform was to publish currency
named "Nangtang".

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 Contd…
 Purnaga Malla: He issued Sthiti and recognized legal status to
the code of Asthamba, Harit, Gautama etc.
Prithivi Malla: He recognized Code of Manu and Purans
Jaya Prakash Malla: This Last Malla King of Kathmandu was
said to be the unlucky Malla king of Nepal. He has to spend most
of his time in battles and war with Kings of other territories of
Nepal including Prithvi Narayan Shah. He started "kumai Jatra"
and "Indra Jatra".

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 Jayasthiti Malla
He was formally Rajput and is popular for ‘Manav Naya Shastra’.
He made a body of five members to construct 'Manavnyaya'
Sastra namely, Kirtinath Upadhaya, Raghu Nath Jha, Sri Nath
Bhatta, Mahi Nath Bhatta, Ram Nath Jha and member secretary
was Jitu Verma.
Nepal started to make law with international point of view.
 He started the tradition of codified law in Nepal for the first time.
 He introduced less punishment for the person accepting their
crime in court and the concept of double jeopardy.

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 Coverage of Manav Naya Sastra
 Griha Nirnaya: Griha Niraya was related to the house construction. For higher
class permitted to made house near Road side only, other lower caste such as
Pode and lower castes permitted only far from the Royal palace, outside from the
main community- How to construct?
Chetra Nirnaya: Chetra Nirnaya was related to land management. In this the
division of land acc. to quality such as Abbal, Doyam, Sim, chahar according to
production capacity of the land. Dongol was appointed as a land manager.
Jata Nirnaya: This part was related to cast and family management with job
description, caste system. He classified 4 Barna and 64 Caste. i.e. Chitrakar for
painting, Kapali for hair cutting, Brahmin for religious work, Chetri for Security
Army, Bajrachhrya for Gurujee religious function, Bandas for ornament selling .
Manab Nyaya Sastra: This Code was influenced by Narada Smriti.

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 Characteristics of Manav Naya Shastra
 No interest for the loan which was borrowed for religious work.
Loan transaction on writing and oral transaction both are permitted.
Drunkard, women, child, force and threatened party are disqualified
for agreement.
Religious punishment by Yamaraj after death was mentioned.
There were both civil as well as criminal laws.
50% discount in the punishment to the crime for accepting party
which was a form of modern discretionary power.
7 generation gap from the side of father and 5 generation gap from
the side of mother for marriage.

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 Contd…
 Pre-test of qualification of the proposed husband to the girls side
 Child marriage was supported
 Second marriage was the right of women in case of failure to have child from
first husband divorce provision
 The child widow has right to have child (son) from brother in law or form new
husband.
 Force labour was restricted. There was the provision of double payment for
force labour.
 Resale of sold good was prohibited.
 Gambling was permitted; the interest of gambling loan was 10% which had to
pay immediately.
 Confiscation was permitted but the tool or weapon was not to be seized.

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 Contd…
 There were several provision related with evidence law i.e. collection,
investigation and identification of evidence as well as statement from
witness and oath.
There was more importance to written evidence than oral.
 Witness were divided into natural and artificial
 There were several provisions related to property, partition.
Daughter have also right in inheritance in some condition. Women’s
property and property earned by special skill are not compulsory to
divide.
 Death penalty for all except Brahmin and Royal Family member.
 Caste based punishment system.

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 Sources of law
 Religious scriptures: Hindu theologies and Manab Nyayasastra
were main source of law.
 Narad smriti had special influence.
Hindu customs and traditions.
Royal edicts (Rajagya)
Sanad promulgated by the king.

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 Crimes
 There were mainly two types of crimes:
 Panchakhat, Pancha Mahaptak: Serious crimes as Gotra Hatya,
Bal Hatya, Stri Hatya, Guru Hatya, and Pitri Hatya
 General crimes: Besides the Pancha Mahapatak and Panchakhata,
all other crimes were general crimes.
Gobadh (Cow Slaughter), sexual offence, theft, fraud, stealing
were also grave crimes.

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 List of Crimes
 Offences against the King
(treason, espionage)
Causing harm to the capital and
national property
Filling baseless suits
Misappropriation of property
(Misappropriation of Stridhan)
Breach of contract
Non-payment of custom or tax
Using false weights and
measurements
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Usury (Charging excessive interest
on loan)
Non-payment of debt
Crime against Human Body
(Homicide, assault)
Cow slaughter
Abuse and Slander
Offences against property (theft,
burglary, cheating and fraud)
Gambling and betting
Sexual offences
Offences against religion
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 Penal System
 Generally, major types of punishment :
 Bagdanda:Warning
 Dhikdanda: Denunciation
 Dhanadanda or Arthadanda: Fine
 Badhdanda: Capital and Corporal Punishment
 Jaat Patan : Downgrading in caste
 Damal: Insignia of crime
Fine, imprisonment, oral punishment, cut off the parts of body, reprimand, hair
cutting (Char Pate Mudnu) by carrying the pig, exile, death penalty were
important practice.
Women, member of royal family and Brahman were subject to less punishment
than other. Brahman was not subject to death penalty, he could be exiled.

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 Contd…
 Capital Punishment
Corporal Punishment
Individual revenge (Jar Katne)
Confiscation of Property
Fine
Degradation (Exhibition in public place, shaving of head,
downgrading of caste)
Prayaschit
Exile

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 Judicial System
 Headed by the king, there were mainly two types of
courts; Itachapali and Kotilinga in the central level,
regional level and in the local level.
Itachapali was related to the criminal cases and
Kotilinga was related to civil disputes.
King (Rajkul) was apex body of under the king,
kotiling and Itachapali were under the king.

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 Authority for Justice Administration
 King has the sole authority to construct authorities as well as
dissolve.
 Central level authority: Chautara, Amatya, Mahat,
Dharmadhikari Praman, Raj guru, Diththa and Bista
 Regional level: Mahasamanta or Samanta, Mahapatra or Patra,
Mahamandalic or pramukb
 Local level: Dware, Nayak and Deshnayak.

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 View of Nepali Expert
 Naya Vikasini – 1436 (BS); Jaat Nirnaya, Chettra Nirnaya,
……….Jayasthiti Malla was the King of Bhaktapur who formed
law commission. Land measurement Chapter No. 15 of Janga’s
Code quoted Jayassthiti Malla’s Sthithi for the measurement of
land. Prithibi Narayan Shah oversaw Jayasthiti Mallla to make
12,000 Sthiti.
 Before King Surendra, the King Janak and Jaysthiti Malla were
only the King who gave more Thiti in the history of Nepal. –
Rewati Raman Khanal

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 Contd…
King Jayasthiti Malla shall not be misinterpreted for introducing
caste system in Nepal. According to him, caste system was existed
from ancient time. The Yagnya story of King Janak shows the
existence of Brahamin in the society. While Gautam Budda was
born, there was collective feeding program to Brahamin. Kirat also
endorsed caste system by introducing inter-caste marriage.
Lichchavi were divided into 18 caste. Therefore, Jayasthiti Malla
was not the first person to divide Nepalese into different caste. -
Nayan Raj Panta (Historian)

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 Weakness
 Ordeal system
Women sick, child, blind were not subject to ordeal
Divide and rule
Caste system
 Caste based punishment
King had sole power
Corporal punishment
 Imputation
 Child marriage

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 Conclusion
 The Malla dynasty came into end in 1769 when Prithvi Narayan
Shah of Gorkha invaded the valley.
 They practiced specialized court system; Kotilinga and Itachapali
 Jayasthiti Malla had especially contribution to settle dispute of
society by caste management system.
 Rule of law concept was recognized.
 Codification of law was started with the recognition of Manav
Naya Shastra.
 Land measurement system was established; Abbal, Doyam, Sim
and Chahar.

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 ???

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