4 Development in Nepal

Before codification, proof was governed by the Muluki Ain, which combined rules of procedure with rules of substantive law and left much to the discretion of the deciding authority. Codification separated the two: the Evidence Act 2031 (1974) consolidated the rules on relevancy, admissibility, burden of proof, witnesses and presumptions, and later procedural codes took over the conduct of trials. The direction of travel has been from discretion towards rules — and the recurring question in Nepali practice is how far a court may still rely on its own assessment when the statutory rule is silent.