Kathmandu, October 2

The new Civil Code Bill incorporates provisions relating to wrongful acts other than a breach of contract for which the guilty party will be liable to punishment.

The bill will come into force on August 17, 2018.

The bill provisions that if any waste, poisonous substance, or substance that causes contagious disease is released from somebody’s house into canals, pipes or sewerage, the person responsible for such wrong acts will be liable to punishment.

It also provisions that if a tree falls on a road causing loss of property or bodily harm, and if the act is not a result of  natural disaster or an act of a third person, the owner of the tree will be liable to punishment.

As per the bill’s provision if a machine or equipment explodes or causes loss to somebody or inflicts bodily harm, the owner of the equipment will have to compensate the victim.

House owners will also be liable to punishment if trash emanating from their houses causes any harm or loss to anybody. Trespassing is also punishable under this bill.

As per the bill’s provision, parents or guardians of children below 14 years of age will be responsible for any wrongful acts committed by children causing loss of someone else’s property or bodily harm.

Similarly, parents or guardians of insane persons will be responsible for wrongful acts committed by such persons.

The bill stipulates that employers will be held responsible for wrong acts of their domestic helpers, workers or employees.

Owners of domestic animals will also be liable to punishment if their animals cause any loss or bodily harm. The bill also stipulates that the owner of the animal will not be responsible for any wrongdoing if the animal causes loss to property or bodily harm after the owner had taken all reasonable measures to tame the animal.

The bill also stipulates that if a person suffers any loss due to construction work carried out by another person or if somebody’s house collapses on someone else’s house or property, the person who suffers, will be entitled to compensation.

Member of the Legislation Committee of the Parliament Rewati Raman Bhandari said the bill provides comprehensive definition of wrongful act and that should make people responsible.

“In the past, owners were not held responsible for loss and harm caused by their animals, but this law makes individuals responsible for the actions of their animals,” he added.

Under the new law, people will be liable to punishment if construction materials kept on the street by any house owner causes accidents. “Until now one was not held responsible if his/her house or part of his/her house collapsed on other’s house. Under the new law the house owner will be responsible for the loss caused to others’ houses,” Bhandari added.

Another member of Legislation Committee Ram Narayan Bidari said the provisions relating to wrongful acts were long overdue. “In the past, there was no clear law to punish wrongful acts caused due to someone’s commission or omission and the court had problems invoking suitable provisions to make individuals responsible,” he added.