Domestic Violence (Crime and Punishment) Act, 2066 (2009)


Published: 2009

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Domestic Violence Act, 2066



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Domestic Violence (Offence and Punishment) Act, 2066 (2009)

Date of Authentication and Publication
2066.1.14 (April 27, 2009)

Act No. 1 of the year 2066 (2009)
An Act relating to control the Domestic Violence
Preamble: Whereas, it is expedient to make provision to respect the right of every
person to live in a secure and dignified life, to prevent and control violence
occurring within the family and for matters connected therewith and incidental
thereto making such violence punishable, and for providing protection to the
victims of violence;
Now, therefore, be it enacted by the Constituent Assembly pursuant to Sub-
article (1) of Article 81 of the Interim Constitution of Nepal, 2063 (2007).
1. Short Title and Commencement: (1) This Act may be called the
"Domestic Violence (Crime and Punishment) Act, 2066 (2009)".
(2) This Act shall come into force immediately.
2. Definitions: Unless the subject or context otherwise requires, n this Act,-
(a) "Domestic Violence" means any form of physical, mental, sexual
and economic harm perpetrated by person to a person with whom
he/she has a family relationship and this word alsoincludes any acts
of reprimand or emotional harm.
(b) "Domestic relationship" means a relationship between two or more
persons who are living together in a shared household and are related
by decent (consanguinity), marriage, adoption or are family




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members living together as a joint family; or a dependant domestic
help living in the same family.
(c) "Physical harm" means an act of committing or causing bodily harm
or injury holding as a captive, inflicting physical pain or any other
act connected therewith and incidental thereto except the act of
breaking the limbs of body (Angabhanga).
(d) "Mental harm" means any act of threatening the Victim of physical
torture, showing terror, reprimanding him/her, accusing him/her of
false blame, forcefully evicting him/her from the house or otherwise
causing injury or harm to the Victim emotionally and this expression
also includes any discrimination carried out on the basis of thought,
religion or culture and customs and traditions.
(e) "Sexual harm" means sexual misbehaviour, humiliation,
discouragement or harm in self respect of any person; or any other
act that hampers safe sexual health.
(f) "Economic harm" means deprivation from using jointly or privately
owned properly or deprivation of or access to employment
opportunities, economic resources or means.
(g) "Victim (Aggrieved person)" means any person who is, or has been,
in a domestic relationship with the defendant and who alleges to
have been subjected to an act of domestic violence by the
perpetrator.
(h) "Perpetrator" means the person having family relations with the
Victim and for whom the victim alleges to have been subjected to an
act of domestic violence and this word also includes any person
involved in the domestic violence or in the accomplice of the crime.




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(i) "Police Office" means a Police Office closest to the residence of the
Victim, the perpetrator or that office which is closest to the scene of
crime and this word also includes the Children or Women Cell or
Police Post or Police Sub-post under the District Police Office.
(j) "Court" means a court appointed by the Governme t of Nepal by a
Notification in the Nepal Gazette.
(k) "Prescribed" or "as prescribed" means prescribed or as prescribed in
the Rules made under this Act.
3. Domestic Violence not to be committed: (1) No one shall commit; or aid
or abet; or incite for the commission of for the act of domestic violence.
(2) A person who commits an act pursuant to Sub-section (1) shall
be deemed to have committed an offence under this Act.
4. Filing of complaint: (1) A person who has knowledge of an act of
domestic violence has been committed, or is being committed, or likely to
be committed, may lodge a written or oral complaint setting out the details
thereof, with the Police Office, National Women Commission or Local
body.
(2) In case a complaint is received pursuant to Sub-section (1), in a
written form, it shall be registered immediately and if it is received in an
oral form it shall be registered upon setting out details in a written form and
putting the signature of the complaint.
(3) In a case the complaint is filed before the National Women
Commission, necessary action shall be taken in accordance with Prevailing
National Women Commission law.
(4) In a case the complaint is filed before the Police Office, the
Police Office shall produce the perpetrator within 24 hours of the




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complaint, excluding the time of travel and make arrest if he/she refuses to
appear for the statement.
(5) In a case the complaint filed in the Local Body, the Local Body
shall produce the perpetrator within 24 hours of the complaint, excluding
the time of travel and requesting to arrest to the Police Office if he/she
refuses to appear for the statement.
(6) If the Victim has been physically wounded or mentally tortured
as a result of the act of domestic violence, he/she shall be immediately sent
to the nearest hospital or health post for necessary check-up and an injury
report shall be drawn up. If the medical report is caused to be prepared by
the Local Body, a copy of it shall be sent to the Police Station.
(7) If it is found necessary, to provide protection to Victim and
his/her dependants from the preliminary investigation on the complaint
pursuant to Sub-section (1) of section 4, it shall be provided with
immediately with the assistance of the Police Office.
(8) The police officer or local body upon recording the statements
pursuant to Sub-sections (4) or (5) of Section 8 finds reason to believe that
an act of domestic violence has been committed and the Victim so desires,
may, within Thirty days from the date of registration of the complaint,
conduct reconciliation between the parties.
(9) The assistance a psychologist, sociologist, social activist and a
family member trusted by the Victim and any other witness as per necessity
and availability may be taken while conducting reconciliation pursuant to
Sub-section (8). In the course of such reconciliation psychological of and
social effects on the Victim, as well as his/her right to privacy shall be
taken into consideration.




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(10) The Police Officer or Local Body Officer shall ensure the
presence of the perpetrator on the due date during the investigating,
prosecuting and decision making process of the complaint.
(11) If the perpetrator fails to appear pursuant to Sub-sections (4)
and (5); or he/she cannot be made present; or the parties fail to settle their
dispute through reconciliation, the Police Officer and Local body, with the
consent of the complainant shall, within fifteen days after the expiry of
Thirty days as per Sub-section (8) shall forward to the court, the complaint
mentioning all details, along with evidence and other legal documents
incidental thereto.
(12) It shall be the duty of the Police Office to provide assistance
pursuant to Sub-sections (5) and (7).
5. Action to be taken by the Court: (1) Upon receiving a complaint pursuant
to Sub-section (11) of Section 4, the Court shall proceed the case as per this
Act, on the basis of such complaint.
(2) Notwithstanding anything contained in Section 4, the Victim
may directly file his/her complaint to the Court.
6. Interim protection order may be granted: (1) If the Court has reason to
believe, on the basis of preliminary investigation of the complaint that the
Victim needs to be given immediate protection, it may, till the time the
final decision on the complaint is made, pass the following orders against
the perpetrator:
(a) To allow the Victim to continue to live in the shared
house, to provide him/her with food, clothes, to not
cause physical injury to him/her and to behave with
him/ her in a civilized and dignified manner.




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(b) To manage for necessary treatment or to give money
for the treatment of the Victim if he/ she has suffered
physical or mental injury.
(c) To make necessary arrangements for the separate stay
of the perpetrator in a case that it's not conducive for
them to live together, and make necessary
arrangements for the maintenance of the Victim.
(d) To not insult, threaten or behave in an uncivilized
manner; or not to cause to do these acts.
(e) To not harass the Victim by entering his/ her place of
separate residence; or in public roads; or entering h s/
her place of employment; or through the
communication media or in any other manner.
(f) To carry out or cause to carry out necessary and
relevant actions for the protection and welfare of the
Victim.
(2) If it is found necessary to provide protection pursuant to Sub-
section (1) from the preliminary investigation of the complaint, the Court
shall issue an appropriate order for the protection of the minor children or
any other dependent of the Victim.
7. Proceedings to be held in camera: (1) If it is so request by the Victim, the
court shall conduct in camera proceedings and hearings of the complaint
relating to this Act.
(2) During in camera proceedings and hearings pursuant to sub-
section (1), the claimant, defendant, their legal pr ctitioners and those who
are so permitted by the Court, shall be allowed to enter into the court room.




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8. Summary procedure to be Adopted: The procedure mentioned in the
Summary Procedure Act, 2028 (1971) shall be followed in the process and
disposal of a case filed pursuant to this Act.
9. Perpetrator to bear expenses of treatment: (1) The total costs of
treatment of the victim of the domestic violence, who has sustained
physical or mental injuries so as to require medical help in the hospital,
shall be borne by the perpetrator.
(2) Notwithstanding anything contained in Sub-section (1), if the
Court has reason to believe that the perpetrator is unable to pay such
amount due to economic reasons, the court may order to the Service Center
to provide treatment expenses to the Victim.
10. Compensation to be Provided: The Court may, depending on the nature of
the act of domestic violence and degree, the pain suffered by the Victim,
and also taking into account the economic and social st tus of the
perpetrator and Victim, order the perpetrator to pay ppropriate
compensation to the Victim.
11. Service Centre: (1) The Government of Nepal, as per necessity, may
establish Service Centers for the purpose of immediat protection of the
Victim, and for the separate accommodation of the Victim during the
course of treatment.
(2) For the purpose of Sub-section (1), an organization may establish
and operate Service Centers upon receiving approval as prescribed.
(3) Service Centers operating pursuant to Sub-section (2) may be
given financial and other aid from the Fund established under Section 12.
(4) The Service Centre shall provide, as per necessity, legal aid,
psycho-consultation service, psychological Service and economic aid to the
Victim.




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(5) The provisions of management, operation and monitori g of
Service Centre shall be as prescribed.
12. Service Fund: (1) The Government of Nepal shall establish a Servic Fund
for the operation of Service Centers established pursuant to Sub-section (1)
of Section 11.
(2) The fund shall consist of the following amounts e tablished
pursuant to Sub-section (1):
(a) The amount received from the Government of Nepal,
(b) The amount received from any national or foreign
organization, institution or individual,
(c) The amount received from any other source.
(3) The management and operation of the Service Fund shall be as
prescribed.
13. Penalty: (1) A person who commits an act of domestic violence shall be
punished with a fine of Three Thousand Rupees upto Twenty Five
Thousand Rupees or Six months of imprisonment or both.
(2) A person who attempts to commit domestic violence or abets the
crime or incites others to commit the crime shall be liable to half the
punishment of the perpetrator.
(3) A person who has been punished once for the offnce of
domestic violence shall be liable to double the punishment upon every
repetition of the offence.
(4) If a person holing a public post who commits the offence of
domestic violence, he/she shall be liable to an additional ten percent
punishment.




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(5) A person who disobeys the Court orders made pursuant to
Section 6 shall be punished with a fine of Two Thousand Rupees upto
Fifteen Thousand Rupees or Four months of imprisonment or both.
14. Limitation: The complaint, for an offence committed pursuant to this Act,
shall be filed within Ninety days of the commission f the crime.
15. No hindrance to file case pursuant to prevailing law: Nothing in this Act
shall prevent the investigation, trial and proceed in an offence which is
punishable under this Act and prevailing law.
16. To be as mentioned in the prevailing law: This Act shall apply on matters
mentioned herein and in other matters the prevailing laws shall apply.
17. Power to frame Rules: The Government of Nepal may frame necessary
Rules to implement the objectives of this Act.