Domestic violence in Nepal is defined as any form of physical, mental, sexual, or economic abuse inflicted by a person within a domestic relationship. Governed primarily by the Domestic Violence (Offence and Punishment) Act, 2066 (2009), the law aims to protect victims, provide legal remedies, and punish perpetrators through a structured judicial process.
In Nepal, domestic violence is not just a social issue but a criminal offense. The legal framework is designed to provide immediate relief and long-term justice.
Domestic Violence (Offence and Punishment) Act, 2066 (2009): The primary legislation defining domestic violence and outlining the legal process for protection orders and compensation.
Muluki Criminal Code, 2074 (2017): While the DV Act handles the specific procedure, the Criminal Code defines serious offenses like marital rape and physical assault, which often run parallel to domestic violence cases.
Regulatory Bodies:
District Court (Nayalay): The authority issuing Protection Orders and hearing compensation cases.
National Women Commission (NWC): The central body for policy formulation and monitoring.
Local Bodies (Ward Office): The first point of contact for immediate mediation and shelter.
Nepal Police: Responsible for filing First Information Reports (FIR) and enforcing protection orders.
Who Can Initiate a Case? (Eligibility)
Under the Act, a complaint can be filed by individuals who share a "domestic relationship" with the perpetrator. This relationship is defined broadly to include:
The Victim: Any person suffering from abuse.
Family Members/Relatives: If the victim is a minor, incapacitated, or unable to file due to mental/physical condition.
NGOs or Social Organizations: Registered organizations working for women’s rights or child welfare can file a complaint on behalf of the victim with permission from the court.
The Government (Public Prosecutor): If a complaint is filed but the victim cannot proceed, or if the perpetrator fails to comply with reconciliation, the government may step in as the petitioner (Gap 10).
Who is covered?
Spouses (husband/wife)
Former spouses
Parents, in-laws, and step-relations
People living in a joint family in a shared household
The Step-by-Step Legal Process
Filing a domestic violence case in Nepal involves specific procedural phases designed to ensure victim safety first.
Phase 1: Filing the Complaint
Location: You can file the complaint at the nearest Police Station, Local Ward Office, or Service Centre.
Action: Submit a written application. If the victim cannot write, a verbal complaint can be recorded.
Immediate Relief: The police or local body must provide immediate security and medical treatment if needed.
Phase 2: Reconciliation (Melmilap)
Process: Upon receiving the complaint, the authority attempts to reconcile the parties through counseling.
Duration: This process typically lasts up to 7 days, though it can be extended slightly depending on the situation.
Outcome: If the perpetrator agrees to stop the violence and signs an agreement, the case may be settled. If the perpetrator refuses or reconciliation fails, the matter moves to the court.
Phase 3: Filing for a Protection Order
Application: If reconciliation fails, the victim or the police file an application at the District Court.
Interim Order: The court may issue an Interim Protection Order within 24 hours to prevent further abuse while the case is heard.
Phase 4: Court Proceedings (In-Camera)
Privacy: To protect the victim's dignity, trials are often held in-camera (closed court). Only the victim, perpetrator, their lawyers, and necessary court staff are allowed. The public and media are excluded (Gap 3).
Evidence: The victim presents medical reports, photos, or witness statements. Battered Woman Syndrome (BWS) evidence may be submitted to explain the victim's psychological state (Gap 1).
Phase 5: Final Verdict
The court issues a final Protection Order and can impose a fine or imprisonment. Compensation for medical expenses and pain/suffering is also awarded.
Comparison: Protection Order vs. Criminal Punishment
Understanding the difference between civil relief (Protection Order) and criminal consequences is vital.
Type/Method
Purpose
Estimated Time
Complexity/Cost
Interim Protection Order
Immediate safety; stops abuse temporarily.
Within 24 hours of filing.
Low. Requires an urgent application.
Final Protection Order
Long-term safety; mandates behavior.
1-3 months (depending on court schedule).
Medium. Requires full hearing.
Criminal Punishment
Penalizing the offender (Jail/Fine).
3-6+ months for full verdict.
High. Requires strict proof of offense.
Required Documents Checklist
To file a domestic violence case in Nepal, the following documents are generally required:
Complaint Application: A detailed written account of the incident.
Citizenship Copy: Photocopy of the victim’s citizenship.
Marriage Registration Certificate: (If applicable) To prove the domestic relationship.
Medical Report: Essential for physical or sexual abuse (Form available at hospitals).
Photographs: Visual evidence of injuries or damage to property.
Witness Statements: Contact details of neighbors or family members who witnessed the abuse.
Economic Evidence: Bank statements or property documents (if filing for economic abuse).
Punishment, Costs, and Key Legal Factors
Punishment Structure
The Domestic Violence Act 2066 prescribes stringent penalties that escalate for repeat offenders (Gap 5).
First Offense: Fine NPR 3,000 – 25,000 or imprisonment up to 6 months or both.
Second Offense:Double the punishment of the first offense.
Subsequent Offenses: Up to one year imprisonment and fines up to NPR 50,000.
Additional Penalties
If the perpetrator is a Public Servant (e.g., police, army, government official), the court imposes an additional 10% fine on top of the standard punishment.
Battered Woman Syndrome (BWS)
Nepali courts, influenced by international standards and landmark cases like HMG v. Doma Lameni, are beginning to recognize Battered Woman Syndrome. This psychological condition explains why victims might stay with abusers or delay reporting. It can be used as a defense or to explain the context of the abuse.
Economic Abuse
This includes controlling access to income, preventing employment, or incurring debts in the victim's name. Courts can order the restitution of property or financial compensation.
Marital Rape
While the Domestic Violence Act defines sexual abuse, the punishment for marital rape (5 years imprisonment) is specifically codified under the Muluki Criminal Code 2074. Victims can file under both statutes for comprehensive justice.
Timeline and Limitation Period
The 90-Day Rule
A critical limitation exists for filing domestic violence complaints.
Standard Rule: A complaint must be filed within 90 days from the date of the incident.
Calculation: The 90 days are calculated from the day the violence occurred or, in cases of ongoing mental abuse, from the last known incident.
Exception: If the victim is physically or mentally unable to file during this period, the limitation may be extended, but this requires judicial approval.
Consequence: Generally, filing after 90 days risks the case being dismissed on technical grounds, unless the court accepts the reason for the delay.
Enforcement of Protection Orders
If a perpetrator violates a Protection Order:
They face an additional fine of NPR 2,000 – 15,000 or imprisonment for up to 4 months.
The victim must immediately report the violation to the police, who are legally obligated to arrest the offender.
Service Centres & Shelters Directory
Victims needing immediate shelter or assistance can access the following resources:
Location
Service Centre Name
Contact
Services
Capacity
Kathmandu
National Women Commission
01-4200XXX / 1145 (Hotline)
Complaint filing, counseling, legal referral.
N/A (Referral)
Kathmandu
Local Ward Office
Varies by Ward
Immediate protection, emergency shelter food.
Varies
Nationwide
Nepal Police (Women Cell)
100 (Emergency)
FIR registration, immediate arrest, safety.
N/A
Nationwide
District Courts
Varies
Issuing Protection Orders, Compensation.
N/A
Kathmandu
Maiti Nepal
01-435XXXX
Shelter, rehabilitation, legal aid.
Limited
Note: The "Service Fund" established under the Act allows victims to request financial assistance for medical treatment and shelter during the legal process.
Frequently Asked Questions (FAQs)
What is the punishment for first-time domestic violence in Nepal?
For a first offense, the punishment is a fine between NPR 3,000 and 25,000, imprisonment for up to 6 months, or both.
How long do I have to file a domestic violence complaint in Nepal?
You generally have 90 days from the date of the incident to file a complaint. It is crucial to act within this window to avoid dismissal on technical grounds.
Can I file a domestic violence case without a lawyer in Nepal?
Yes, you can file a complaint directly at the police station or ward office. However, for court proceedings regarding Protection Orders, having a lawyer or a Public Attorney (if eligible) is recommended due to complex legal procedures.
What is an in-camera proceeding in a domestic violence case?
An in-camera proceeding is a closed-door trial where the public and media are not allowed. It is conducted to protect the privacy and dignity of the victim, allowing them to testify without fear of public exposure.
Where can I get immediate shelter if facing domestic violence in Kathmandu?
You can contact the National Women Commission, the local Ward Office, or organizations like Maiti Nepal. Police stations can also direct you to safe houses under the Service Fund.
Does Nepal recognize marital rape as a crime?
Yes. Under the Muluki Criminal Code 2074, marital rape is a crime punishable by up to 5 years of imprisonment. It is also categorized as sexual abuse under the Domestic Violence Act.
What happens if my husband violates the protection order in Nepal?
If the perpetrator violates the protection order, they face an additional fine of NPR 2,000–15,000 or imprisonment for up to 4 months. You should report the violation to the police immediately.
Can a domestic violence case be filed against a father-in-law in Nepal?
Yes. The law defines "domestic relationship" broadly. You can file a case against any family member living in the same household, including in-laws, parents, and siblings.
What evidence is needed for a domestic violence case in Nepal?
Key evidence includes medical reports, photographs of injuries, threatening messages (SMS/email), witness statements, and financial records (in cases of economic abuse).
Is there free legal aid for domestic violence victims in Nepal?
Yes. The Government of Nepal provides Public Attorneys and free legal aid services to indigent victims. Additionally, various NGOs offer free legal support.
Disclaimer:This guide is for informational purposes only and does not constitute legal advice. Laws are subject to change, and specific case circumstances vary. For legal assistance, please consult a qualified advocate in Nepal.
February 08, 2026 - BY Admin