Legal Highlights of Domestic Violence Cases in Nepal

Domestic violence is the physical, mental, sexual and economic damage to someone from a close person. It comes from close relatives in any phase of life as an act in any relationship like: – it is of the nature of moving from person to person, daughter to daughter-in-law, mother-in-law, brother-in-law.

According to Sec 2(a) of the Domestic Violence (Offence and Punishment Act, 2066, of Nepal: 

Domestic Violence” means any form of physical, mental, sexual, and economic harm perpetrated by a person to a person with whom he/she has a family relationship and this word also includes any acts of reprimand or emotional harm.

Governing laws of domestic violence include:

1. Domestic Violence (Offence and Punishment Act, 2066)
2. Domestic Violence (Offence and Punishment Rules, 2067)
3. Muluki Criminal Code, 2074

(a) Physical Violence

Physical pain, beating, burning, kicking, punching, strangulation, slapping, hitting, illegal detention, bodily injury with acid or other similar substances like using weapons or objects and many more.

(b) Mental Torture

Showing terror activities, accusing of false blame, insulting, stalking, defamation, humiliation, name-calling by using abusive language, physical appearance, anxiety disorder, depression, withholding others, incitement to commit suicide, or creating a situation of suicide and so on.

(c) Sexual harm

Any practice with sexual content that is forced, such as attempted rape, unwanted caresses, and forced oral sex.

(d) Economic harm

Includes property damage, use of private property or depriving people of access to or use of employment or financial resources, lost earning capacity, demanding dowry, deprivation of one partner from enjoying jointly or privately owned property, deprivation to employment opportunities, economic resources, or means.

Generally, a person who has knowledge of an act of domestic violence being committed, or is likely to be committed, can file domestic violence case in Nepal.

Other concerned persons who can file a domestic violence report include:

• Father, mother, daughter, daughter-in-law, mother-in-law, and father-in-law.

• Adopted son and adopted daughter.

• The person living with the same family as a worker.

The person who is the victim of domestic violence can complain against the domestic violence in the following authorities:

• The Women's Cell
• The nearby Police Office
• District Courts of Nepal.

The first and foremost thing the victim of domestic violence must do is to complain about the violence in the related Women's Cell of the nearby Police Station. Other steps include: 

Step 1: The victim must visit the Women's Cell along with the written application mentioning the details of the violent acts being committed against them and asking for protection of their bodily health, known as “Shanti Surakshya Nibedan”. If the victim cannot visit there by himself/herself, then anyone can complain on their behalf.

Step 2: The officer then, after receiving the application, calls the person who has caused domestic violence.

Step 3: Both the offender and the victim are kept side by side and then the officer asks the offender to stop those violent acts if the applicant is found to be the victim of domestic violence.

Step 4: Efforts are being made to settle the matter between the two parties.

Step 5: In the failure to settle the matter between the two parties, it recommends initiating a lawsuit.

Step 1:  A complaint is filed by the victim

Step 2: After the complaint has been filed, the Police Officer shall produce the offender within 24 hours of the complaint (excluding the time travel)

Step 3:  Arrest is done only if the offender refuses to make a statement.

Step 4:  A necessary medical health check-up is done of the victim if found physically or mentally tortured.

Step 5: The injury report is drawn from the hospital.

Step 6: Immediate protection and assistance to the victim.

Step 7: Statement recording is performed.

Step 8: Reconciliation between the parties within 30 (thirty days) of the registration of the complaint if the victim so desires.

Step 9: If not reconciled, then the case is filed in court.

• An individual is the petitioner
• Government of Nepal is the petitioner.

An individual is the petitioner

The person who is the victim of the domestic violence can directly file a case in the concerned District Court with below steps: 

Step 1: Documentation is prepared, mentioning all the facts of how the person becomes the victim of domestic violence.

Step 2: Collection of proof as well as mentioning the collected proof in the documentation.

Step 3: Filing of the petition in the concerned District Court along with the physical copy of the proof.

Step 4: After the petition has been filed, the court then provides notice of the petition to another party.

Step 5:  Another party then appears in the court with his/her written statement or reply.

Step 6: The court provides for the hearing date.

Step 7: The trial procedure begins in the court.

Step 8: Examination of the witness is conducted.

Step 9: Examination of evidence and the court passes any kind of order in different phases of trial process.

Step 10: If the petitioner so wishes, then he/she can withdraw the cases in any phase of the case proceeding.

Step 11: The final verdict would be given by the court after examining all the facts and evidence, and the court comes into conclusion as to what the final verdict would be.

Government of Nepal is the petitioner

• Overall, all the procedures are same as above. The only difference is that the victim cannot file a petition directly in the court.
• The Government of Nepal, on behalf of the victim, proceeds the case in the court only when,
• The offender fails to appear for a statement in the police station prior to the complaint made to the police office.
• The Officer cannot present the offender in the Office for a statement
• The parties fail to settle their dispute through reconciliation
• The Officer then forwards the case file to the court (mentioning the complaint with all details, along with evidence and other legal documents).
• The case should be forwarded within fifteen days from the expiration date
• The Court shall proceed the case as per the Domestic Violence (Offence and Punishment Act, 2066)
• Proceedings to be held in closed session.
• Public Attorney shall adjudicate on behalf of the victim.

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