Nagaland introduces major structural reforms to customary courts

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• A file photo of traditional Morung of Chakhesang tribe (EM Images)

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• KOHIMA — In a significant move to strengthen and streamline Nagaland’s traditional justice delivery system, the State Government has notified the ‘Rules for Administration of Justice and Police in Nagaland (Fifth Amendment) Act, 2025’, introducing major structural reforms to customary courts.
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• The Bill on ‘The Rules for Administration of Justice and Police in Nagaland (Fifth Amendment) Bill, 2025’ was passed on March 7, 2025, by the Nagaland Legislative Assembly.
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• The Act received the Governor’s assent on April 12 and was officially published in The Nagaland Gazette (Extraordinary) on April 25.
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• The amendment substitutes Chapter IVA of the 1984 Rules and outlines a comprehensive three-tier customary court system aimed at adjudicating disputes among members of Scheduled Tribes (ST), based on tribal laws and customs, while incorporating modern legal procedures and accountability mechanisms.
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• Three-tier customary court system
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• The new amendment establishes village courts, subordinate district customary courts, and district customary courts.
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• Each level has clearly defined powers, jurisdiction, and procedures to ensure timely and culturally appropriate resolution of civil and criminal cases.

A file photo of traditional Morung of Sumi tribe (EM Images)

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• Village courts: Justice at the grassroots
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• Each village in Nagaland will have its own village court, comprising members of the village council, including Gaonburas and Anghs, as per the Nagaland Village and Tribal Councils Act, 1978. In Ao-inhabited areas, traditional institutions such as Putu Menden are formally recognised as part of the village court structure.
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• Preferably, the village council chairman or a member is designated as the presiding officer, and in communities with hereditary chiefs, such as the Sümi or Konyak, the Angh or chief may serve as the presiding officer, with a secretary selected from among the members.
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• Village courts are empowered to adjudicate disputes within village territory and among its residents when a quorum is formed.

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• The village court is vested with the power to adjudicate civil disputes and minor criminal offences like theft, assault, affray, trespass, drunkenness, and public nuisance—provided they fall within the scope of customary laws. While it can impose fines up to INR 10,000, it cannot issue imprisonment sentences.
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• In a civil case, the village court shall have the power to impose costs as well as compensation to the aggrieved parties in line with custom. It also has the authority to summon parties and impose fines up to INR 1,000 for non-compliance or contempt.
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• SDCC: Bridging inter-village disputes
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• The second tier in the system, subordinate district customary courts (SDCC), will be established at locations notified by the state government. These courts are intended to handle cases between different villages or matters that go beyond the jurisdiction of village courts.
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• A presiding officer, preferably a senior ‘dobashi,’ and either four or six members, selected on a case-to-case basis from a notified panel maintained by the state government, will form the composition of the subordinate district customary courts.
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• They are mandated to try cases not triable by village courts, including disputes between villages, and exercise criminal powers similar to those of a magistrate second class under the Bharatiya Nagarik Suraksha Sanhita, 2023.
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• DCC: Apex customary authority
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• Each district will have one district customary court (DCC), which will function as the appellate authority for decisions made by the lower customary courts.
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• It will also handle original cases when needed and exercise the powers of magistrate first class in criminal matters. A presiding officer and two other members selected from a government-notified panel will form the composition.
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• The district customary court is vested with powers to act as an appellate body for civil and criminal cases. While it possesses authority equivalent to that of a magistrate first class in criminal trials, it may also award compensation as per tribal customs.
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• It can transfer cases between subordinate district courts and is tasked with ensuring the timely delivery of justice.
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• It is also responsible for ensuring fair trials and consistent interpretations of tribal laws, with provisions to transfer cases, conduct hearings at remote locations, and pronounce detailed judgments.
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• Appeals, police assistance and procedures
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• The newly notified Rules for Administration of Justice and Police in Nagaland (Fifth Amendment) Act, 2025 lays down clear timelines and procedures for filing appeals, conducting court proceedings, and enforcing judgments under the state's customary court system.
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• Under the revised framework, criminal appeals must be filed within 60 days, while civil appeals are to be filed within 30 days from the date of the order. The state government has also been granted the right to appeal against acquittals issued by subordinate or village courts within 90 days.
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• While the courts continue to base judgments on tribal customs and usages, the Act mandates that proceedings should also be guided by the Bharatiya Nagarik Suraksha Sanhita, 2023 in criminal matters and the Code of Civil Procedure, 1908 in civil matters, wherever applicable.
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• Proceedings may be conducted in English or any local language, and courts may examine witnesses under oath or caution them about perjury.
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• The Act also outlines procedures for enforcing civil judgments. Essential household items—including houses, clothing, and cooking utensils—cannot be attached or sold, except when they are the subject of the dispute. Land may only be sold or transferred when local customs permit it.
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• The law bars imprisonment for debt, except in cases involving fraudulent concealment or disposal of property, in which the debtor may be detained for up to three months.
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• Courts are also empowered to seek police assistance in executing sentences or orders, with coordination required through the commissioner of police or superintendent of police of the district.
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• The amendment further allows appellate courts to refer civil decisions back to the original courts for execution, where necessary.