Description

The Civil and Criminal Procedure Code of Bhutan was ordained and established by the Royal Government of Bhutan in 2001. As the primary procedural law, the Code gives effect to the constitutional framework of the judiciary by further detailing the jurisdictions and functions of the different levels of the Royal Courts of Justice (Chapter 3), and it governs legal proceedings for all persons throughout the territory of Bhutan or otherwise within the judicial reach of Bhutanese Royal Courts (Article 1.1(c)). It is worth noting that Bhutan does not have a single, standalone administrative act. Accordingly, Article 1.1(c) indicates cases involving government also follow the rules of this Code. This interpretation is reinforced by Article 22(d), which grants the High Court original jurisdiction over cases where Bhutan or the Government of Bhutan is a party. The Code further stipulates that the Royal Courts shall apply relevant international conventions and treaties ratified by Bhutan (Article 29). The High Court is accordingly granted original jurisdiction over cases arising under such international legal instruments (Article 22). The Code also provides procedural guidance for initiating suits before the courts. Under this Code, a case may be registered with the Court Registry by a victim or the victim’s next of kin, as well as by an aggrieved person or his or her Jabmi or next of kin (Article 31). A suit may likewise be initiated by a litigant personally, by a member of his or her joint family, or by a Jabmi acting on his or her behalf (Article 116). The Code further affirms that a person may plead or defend a case in person or be represented by a Bhutanese Jabmi of his or her choice. If the right to legal representation is waived, such waiver must be made competently and intelligently (Article 33).