Table of Contents
Domestic violence remains one of Nepal's most widespread yet underreported problems. While awareness has increased, many victims still hesitate to seek help due to fear, social stigma, or lack of knowledge of their rights. Understanding domestic violence law in Nepal is essential for victims seeking protection and justice. The Domestic Violence (Offence and Punishment) Act 2066 (2009) and its amendments were created to protect victims, punish offenders, and provide clear legal remedies. This guide covers the legal framework, types of domestic violence, filing procedures, victim rights, punishments, and available remedies under Nepali law.
Legal Framework
Domestic violence in Nepal is governed by specific legislation designed to protect victims and ensure accountability of offenders.
| Legislation | Year | Key Provisions |
|---|---|---|
| Domestic Violence (Offence and Punishment) Act | 2066 (2009) | Definition, prohibition, reporting, punishment, protection orders |
| Domestic Violence (Offence and Punishment) Rules | 2067 (2010) | Procedural guidelines for implementation |
| Muluki Criminal Code | 2074 (2017) | Criminal provisions, marital rape, assault |
| Electronic Transactions Act | 2063 (2006) | Cyber harassment and digital abuse |
What is Domestic Violence
According to Section 2(a) of the Domestic Violence (Offence and Punishment) Act 2066, "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. This definition also includes any acts of reprimand or emotional harm.
Domestic violence is a sensitive offense where usually both the victim and the offender live under the same roof, and the victim is often dependent economically, emotionally, or socially on the offender.
Types of Domestic Violence
| Type | Definition | Examples |
|---|---|---|
| Physical Harm | Act of committing bodily harm, injury, holding as captive, inflicting physical pain | Beating, burning, kicking, punching, strangulation, slapping, illegal detention, injury with weapons |
| Mental Harm | Threatening, showing terror, reprimanding, accusing of false blame, causing emotional injury | Humiliation, insults, stalking, defamation, name-calling, incitement to suicide, anxiety, depression |
| Sexual Harm | Sexual misbehavior, humiliation, discouragement, harm to self-respect or safe sexual health | Forced sexual activities, attempted rape, marital rape, unwanted sexual contact |
| Economic Harm | Deprivation from using property or access to employment, economic resources, or means | Withholding money, restricting employment, seizing property, demanding dowry |
Mental Harassment (Psychological Abuse)
Mental harassment is legally recognized under the Domestic Violence Act 2066 and Muluki Criminal Code 2074. This includes:
- Constant insults and verbal abuse
- Threats and intimidation
- Controlling behavior
- Emotional blackmail
- Social isolation
- Online abuse or cyber harassment
- Discrimination based on religion, culture, customs, and traditions
Who Can Be a Victim
Domestic violence law covers any person with a family relationship, including:
- Spouses (husband, wife)
- Parents and children
- Daughters-in-law and in-laws
- Siblings
- Adopted children
- Relatives living in the same household
- Workers living with the family
Note: Although anyone can be a victim regardless of gender, age, or background, women constitute the majority of reported cases. According to Nepal Police reports, women aged 26-35 with basic education are the most common victims.
Who Can File a Complaint
Any person who has knowledge of an act of domestic violence being committed, or is likely to be committed, can file a complaint. Locus standi is not strictly required, meaning anyone can report domestic violence, including:
- The victim directly
- Family members (father, mother, daughter, daughter-in-law, mother-in-law, father-in-law)
- Adopted children
- Household workers
- Any concerned person with knowledge of the violence
Where to File a Complaint
| Authority | Contact | Function |
|---|---|---|
| Women Cell | Nearby Police Station | Initial complaint, mediation, case filing |
| Police Office | 100 (Helpline) | Complaint registration, investigation, arrest |
| District Court | Concerned District | Protection orders, criminal prosecution |
| National Women Commission | 1145 ("Khabar Garau" Helpline) | Support, guidance, coordination |
| Child Helpline | 1098 | Child domestic abuse cases |
| Local Government | Ward Committee/Women & Children Office | Complaint registration, support services |
Procedure at Women Cell
| Step | Action | Details |
|---|---|---|
| 1 | Submit Application | Visit Women Cell with written application (Shanti Surakshya Nibedan) detailing violent acts |
| 2 | Summon Offender | Officer calls the person who caused domestic violence |
| 3 | Hearing | Both parties present; officer verifies victim's claims |
| 4 | Warning | If violence confirmed, offender ordered to stop violent acts |
| 5 | Settlement Attempt | Efforts made to reconcile parties |
| 6 | Case Referral | If settlement fails, case recommended for lawsuit |
Procedure at Police Office
| Step | Action | Timeline |
|---|---|---|
| 1 | Complaint Filing | Written or verbal complaint submitted |
| 2 | Produce Offender | Within 24 hours (excluding travel time) |
| 3 | Arrest (if needed) | If offender refuses to provide statement |
| 4 | Medical Examination | If victim physically/mentally tortured |
| 5 | Injury Report | Obtained from hospital |
| 6 | Protection | Immediate protection and assistance to victim |
| 7 | Statement Recording | Statements taken from parties |
| 8 | Reconciliation | Within 30 days if victim desires |
| 9 | Court Filing | If not reconciled within 15 days after expiration |
Court Proceedings
Domestic violence cases can be filed in District Court either by the individual victim or by the Government of Nepal.
Individual as Petitioner
- Victim prepares documentation with facts of violence
- Collects evidence and proof
- Files petition in concerned District Court
- Court issues notice to defendant
- Defendant submits written reply
- Court sets hearing date
- Trial procedure with witness examination
- Evidence examination
- Victim may withdraw case at any stage
- Final verdict after examining all facts
Government of Nepal as Petitioner
The Government proceeds on behalf of the victim when:
- Offender fails to appear for statement at police office
- Police cannot present offender for statement
- Parties fail to reconcile
Important: Proceedings are held in closed session to protect victim's privacy. Public Attorney adjudicates on behalf of the victim.
Punishment for Domestic Violence
Section 13 of the Domestic Violence Act provides the following punishments:
| Offense | Fine | Imprisonment |
|---|---|---|
| Domestic Violence | NPR 3,000 - 25,000 | Up to 6 months or both |
| Severe/Repeated Violence | Higher fines | Up to 3 years |
| Disobeying Court Order | NPR 2,000 - 15,000 | Up to 4 months or both |
| Attempt/Abetment/Incitement | Half the punishment of the principal offender | |
| Repeat Offense | Double punishment upon every repetition | |
| Public Post Holder | Additional 10% punishment | |
| Marital Rape | As per court | Up to 5 years (Muluki Criminal Code) |
Protection Orders
Courts may issue temporary or permanent protection orders including:
- Restricting the abuser from approaching the victim
- Removing the abuser from shared home
- Prohibiting communication or threats
- Property protection orders
- Child custody arrangements
Compensation
Under Section 10 of the Act, courts may order the offender to pay compensation for:
- Medical treatment costs
- Mental trauma and suffering
- Loss of employment or earning capacity
- Shelter and support
- Legal expenses
Rights of Victims
Domestic violence victims in Nepal have the following rights:
- File complaints without fear of retaliation
- Immediate police protection
- Free medical treatment in government hospitals
- Stay in safe shelters (Service Centers under Section 11)
- Confidentiality of identity
- Free legal aid (in eligible cases)
- Claim compensation from offender
- Obtain protection orders
- Withdraw case at any stage
Service Centers and Support
The Government has established Service Centers (Section 11) and a Service Fund (Section 12) to provide:
- Immediate protection and shelter
- Counseling services
- Medical assistance
- Legal aid
- Rehabilitation support
Need Legal Assistance?
Our legal team provides comprehensive support for domestic violence cases including filing complaints, obtaining protection orders, court representation, and compensation claims throughout Nepal. Contact us for confidential consultation.
Frequently Asked Questions
Under Section 2(a) of the Domestic Violence Act 2066, 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. This includes any acts of reprimand or emotional harm.
| Type | Examples |
|---|---|
| Physical Harm | Beating, burning, kicking, punching, illegal detention |
| Mental Harm | Threats, humiliation, insults, stalking, emotional abuse |
| Sexual Harm | Forced sexual activities, marital rape |
| Economic Harm | Withholding money, restricting employment, seizing property |
Governing laws:
- Domestic Violence (Offence and Punishment) Act, 2066
- Domestic Violence (Offence and Punishment) Rules, 2067
- Muluki Criminal Code, 2074
- Electronic Transactions Act, 2063 (for cyber harassment)
Any person with knowledge of domestic violence can file a complaint:
- The victim directly
- Family members (parents, in-laws, children)
- Adopted children
- Household workers
- Any concerned person Locus standi is not required for domestic violence complaints.
| Authority | Contact |
|---|---|
| Women Cell | Nearby Police Station |
| Police Office | Helpline 100 |
| National Women Commission | Helpline 1145 |
| District Court | Concerned District |
| Child Helpline | 1098 (for child abuse) |
| Local Government | Ward Committee |
Women Cell procedure:
- Submit written application (Shanti Surakshya Nibedan)
- Officer summons the offender
- Both parties heard
- Offender warned to stop violence
- Settlement attempt made
- Case referred to court if settlement fails
| Offense | Fine | Imprisonment |
|---|---|---|
| Domestic Violence | NPR 3,000-25,000 | Up to 6 months |
| Severe Violence | Higher fines | Up to 3 years |
| Disobeying Court Order | NPR 2,000-15,000 | Up to 4 months |
| Repeat Offense | Double punishment | Double punishment |
| Public Post Holder | Additional 10% | Additional 10% |
Courts may issue protection orders including:
- Restricting abuser from approaching victim
- Removing abuser from shared home
- Prohibiting communication or threats
- Property protection
- Child custody arrangements
Compensation may be ordered for:
- Medical treatment costs
- Mental trauma and suffering
- Loss of employment/earning capacity
- Shelter and support
- Legal expenses
Victim rights:
- File complaints without fear
- Immediate police protection
- Free medical treatment (government hospitals)
- Stay in safe shelters
- Confidentiality of identity
- Free legal aid (eligible cases)
- Claim compensation
- Obtain protection orders
- Withdraw case at any stage
Yes. Mental harassment is recognized under:
- Domestic Violence Act 2066
- Muluki Criminal Code 2074
- Electronic Transactions Act (digital harassment)
This includes insults, threats, controlling behavior, emotional blackmail, social isolation, and cyber harassment.
If reconciliation fails within 30 days:
- Police forwards case file to court within 15 days
- Government of Nepal proceeds as petitioner
- Public Attorney adjudicates on behalf of victim
- Proceedings held in closed session
- Court proceeds under Domestic Violence Act
Yes. Under the Domestic Violence Act, the victim (petitioner) can withdraw the case at any stage of court proceedings. However, if the Government is the petitioner, withdrawal requires court approval.
Government-established services include:
- Service Centers (Section 11): Shelter, counseling, medical aid
- Service Fund (Section 12): Financial support for victim care
- Safe houses and rehabilitation centers
- Legal aid services
- Psychological counseling
Under the Muluki Criminal Code 2074:
- Marital rape is recognized as a criminal offense
- Punishment: Up to 5 years imprisonment
- Additional compensation may be ordered by court
- Victim can also seek divorce and property partition
