 Civil law is a codified system of law that sets out a
comprehensive system of rules that are applied and
interpreted by judges.
 It has its origins in Roman law.
 civil law is based on codification.
 Laws are made in general terms and believed to be
complete and free of gap.
 Legislation as a main source of law
 Inquisitorial method of trail.
 Constitutional supremacy
 Legislation as a main source of law.
 Constitutional supremacy.
 Interpretation of law as per made by parliament.
 Division of law.(private law , public law)
 Less importance to precedent.
 Written or codified laws.
 Sepration of power.
Dr. Yub Raj Sangraula writes that certain
procedural rules relating to criminal justice
are found transplanted from Nopoleon Code.
According to him influence of Nepoleon Code
was distinct in many sections of the code
which dealt with crime and procedure of trial
(in refrence of following points).
 No arrest and search shall place after the sunset and before the
sunrise.
 The testimony of suspects was conducted without an oth which is in
practice in inquisitorial system.
 The judge himself interrogates the suspect not by police officer,it
was in practice before and interrogation is made by the judge in the
court even today.
 The confession as an evidence is always emphasized.
 Till 1993 the police power of investigating the crime was not
independent, the police was suprevised by the trial court. Even today
police has to take permission of the court to detain the person for
investigation.
 The french system had no practice of plea bargain and the Muluki
Ain has provided for nothing in this regard.
 Like that in inquisitorial system, Nepal has no exclusionary rule.
 The juge used to make referral to the police for the investigation
under the state cases Act, 1963(2017).
धन्यवाद।