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Criminal LawVERIFIED NEPAL LEGAL TERM
Jabardasti Karani (जबरजस्ती करणी)
English Equivalent:Forced Relations / Rape
Definition Summary
"The legal term for sexual assault or rape."
Detailed Explanation
Jabardasti Karani is a severe criminal offense in Nepal. Forced sexual relations within marriage (marital rape) is recognized as a valid ground for divorce.
Legal Basis in Nepal Law
National Penal Code 2074, Section 219.
Practical Example
A wife files for divorce on the ground that her husband committed jabardasti karani against her.
Statutory Regulations and Civil Procedures in Nepal
Civil rights, statutory acts (Ain), administrative regulations (Niyamawali), and guidelines (Nirdeshika) form the regulatory framework of Nepal under the Muluki Civil Code 2074.
Key Statutory Rules:
- Rule of Law: All citizens, organizations, and public authorities are bound by the Constitution and statutory acts.
- Precedent Value: Judgments delivered by the Supreme Court of Nepal carry binding precedent values for all lower courts.
- Mediation First: Modern civil procedure encourages mediation at local levels (ward committees) to resolve small neighborhood disputes.
- Legal Representation: Litigants have the right to represent themselves or hire a licensed advocate (Kanuni Byabasayi).
Required Documentation:
- Citizenship certificate or official identification documents.
- Local ward recommendation letters related to the case.
- Prior court orders or registry copies if applicable.
- Written legal petitions prepared by an advocate.