Chapters
Introduction to Nyayabikashini
Nyayabikashini also known as Manabnyayashastra or the Code of Human Justice was promulgated by King Jayastithi Malla in 1380 B.S. Jayastithi Malla brought five Brahmins from Mithila and South India and formed a legal body under the leadership of Minister Jait Burma.
They had studied Manusmriti, Yagyabalkyasmriti, Mitakshara Tika, Naradsmriti, Brihaspati Smriti, Shukra Niti etc. They adopted the rightful laws acceptable and enforceable in the then society and constructed a set of laws known as Manab Nyayashastra or Code of Human Justice. It was integral to the Legal System of Malla Dynasty.
It is described as a law book or legal code that was written in Sanskrit with a commentary in the Nepali language (Newari). The original work of Nyayabikasini was said to be influenced by Naradasmriti, although it should be noted that Naradasmriti refers to scriptures while Naradasamhita is composed by sages and gods.
Nyayabikasini is considered a comprehensive law that covers various legal aspects, including penal code, civil procedure, and procedural law.
It was written to be applied and implemented in society, and violation of its provisions would result in punishment, including monetary penalties or even the death penalty.
Features of Nyayabikashini
Provisions of Nyayabikasini
Lending Case (Transaction): This provision deals with cases related to loans and transactions. It specifies that the obligation to repay a debt taken by the father is shared by all the sons, including divorced sons. If the father fails to repay the debt, the debt can be recovered from the grandson, uncle, brother, and mother to support the family. Older generations are not liable to pay the debt. However, debts incurred for entertainment, quarrels, drinking, gambling, and debts that have been bailed out by someone else are not enforceable.
Subsidy Case (Land/Property): This provision covers cases related to subsidies and land/property disputes. It defines the rules and regulations regarding subsidies provided for land and property.
Sambhuyasmutthan transaction (trade/commerce): This provision deals with disputes related to trade and commerce transactions.
Dattapradaya transaction (donation/wages/wages): This provision covers cases related to donations, wages, and salaries.
Abbhupetyashusrusha dispute clause (slave/wage/labour): This provision pertains to disputes concerning slaves, wages, and labor.
Vikiyasanda dispute clause (buying and selling): This provision addresses disputes arising from buying and selling transactions.
Kritvaanushaya dispute verse (fraud): This provision deals with cases of fraud and fraudulent activities.
Samayasyanpakarma dispute verse (contract): This provision covers cases related to contract disputes.
Territory boundary dispute verse (joint, border): This provision addresses disputes regarding territorial boundaries, joint properties, and borders.
Streepurush yoga (marriage/relationship): This provision deals with marriage and relationship-related matters.
Dayabhaga dispute verse (Anshavanda): This provision covers cases related to inheritance and division of property among heirs.
Sahas Vidad Pada (Penalty): This provision specifies penalties for various offenses and violations of the law.
Speech (Defamation / Cheek Th): This provision addresses cases of defamation and slander.
Scatter (Theft): This provision deals with cases of theft.
Behavior Case (Punishment / Divine Examination / Procedure): This provision covers cases related to punishment, divine examination, and legal procedures.
Taptamashkaran (Divine Examination Addition): This provision pertains to additional provisions related to divine examinations.
Misc.: This provision covers miscellaneous provisions that are not specifically categorized under other provisions.
The king should not impose the death penalty on a Brahmin, no matter how heinous the crime may be. Instead of the death penalty, all of his property should be seized, or 1/4th can be left for him, or he can be exiled from the state.
Apart from Brahmins, there are 10 places where Kshatriyas, Vaishyas, and Shudras can be punished: the stomach, sexual organs, tongue, both hands and legs, eyes, nose, ears, property, and the whole body.
If a Brahmin is verbally abused by a Kshatriya, Vaishya, or Shudra, they are fined with 100 “niska,” 150 or 200 “niska,” and the death penalty, respectively.
If a Brahmin verbally abuses a Kshatriya, Vaishya, or Shudra, he is fined 50 “niska,” 25 “niska,” and 12 “niska,” respectively.
If a person from a lower caste wishes to attain the same position as a Brahmin or a higher caste, they are either exiled from the state or two pieces of flesh are taken from their body.
The body part of a lower caste person is cut based on the damage or crime committed against a Brahmin.
If a lower caste person spits on a higher caste person, their lips are cut; if they urinate, their penis is pierced; and if they defecate, their anus is cut.
If a lower caste person beats a Brahmin until blood is drawn, they are fined Rs. 100. If they snatch flesh, they are fined with 6 “niska,” and if they break a bone, they are exiled from the country.
If a Shudra starts preaching or teaching religion, the hot oil is poured on their mouth and ears.
Brahmins are responsible for the priesthood. If they fail to perform their daily duty of worshipping God, they are fined the highest amount, i.e., Rs. 1000.
The son of a Brahmin father and a Kshatriya mother is not allowed to wear the ancestral ‘Janai.’ If he does so, he is punished by a hot rod in the shape of the ‘Janai.’
The son of a Brahmin father and a Rajput mother is called ‘Jaise.’ If he performs the task of the priesthood, he is fined Rs. 12.
If a Brahmin marries a ‘Chitrakarini’ or a ‘Bhatyani’ who belongs to a lower caste, he is fined Rs. 24.
If a Brahmin engages in sexual relations with a ‘Laharani’ or a ‘Majhini,’ he is fined Rs. 480, and in the case of women whose husbands are deceased, the fine is doubled. If a Kshatriya commits the same crime, he is fined half the amount.
If a married Brahmin woman has sexual intercourse with a Brahmin man, she is subjected to ‘Jatpatan’ (outcasted), and the man is exiled from the state after his penis is cut.
If a Kshatriya has sexual intercourse with a married Brahmin woman, he is given the death penalty. However, if the woman is a widow, she is outcasted, and the man is fined Rs. 30, with his penis being cut.
If a Vaishya has sexual intercourse with a married Brahmin woman, his penis is cut, and he is fined Rs. 120. If the woman is a widow, he is fined Rs. 60, and his penis is cut.
If a Shudra has sexual intercourse with a married or widowed Brahmin woman, his penis is cut. After that, he is forced to eat it and then finally killed.
Conclusion
In conclusion, Nyayabikashini, also known as Manabnyayashastra or the Code of Human Justice, was a significant legal code promulgated by King Jayastithi Malla in 1380 B.S.
It provided a unified written law system in Nepal during the Malla period and covered various legal aspects, including civil law, penal code, civil procedure, and procedural law.
Cite
Pokhrel, Aupson. “Nyayabikashini/Manabnyayashastra – the #1 Encyclopedia of Nepali History.” Encyclopedia of Nepali History, 12 Aug. 2023, itihasaa.com/legal-system/nyayabikashini-manabnyayashastra.
