Domestic violence is one of the most widespread but underreported crimes in Nepal. The Domestic Violence (Offence and Punishment) Act, 2066 (2009) is Nepal's primary law addressing violence within the family — defining domestic violence, establishing a complaint and protection mechanism, and prescribing penalties for offenders. Supported by the Domestic Violence (Offence and Punishment) Rules, 2067 (2010) and relevant provisions of the Muluki Criminal Code, 2074, Nepal's legal framework criminalizes physical, mental, sexual, and economic abuse within domestic relationships. Domestic violence is also a recognized ground for divorce under Section 95 of the National Civil Code 2074. According to Nepal Police data, domestic violence is the most reported gender-based crime in the country, with women aged 26–35 constituting the majority of victims.
| Law / Regulation | Year | Role |
|---|---|---|
| Domestic Violence (Offence and Punishment) Act, 2066 | 2009 | Primary law — defines DV, complaint process, protection orders, penalties |
| Domestic Violence (Offence and Punishment) Rules, 2067 | 2010 | Operational guidelines — service centres, service fund, forms |
| Muluki Criminal Code, 2074 | 2017 | Criminalizes marital rape (Section 219), assault, grievous harm — parallel prosecution possible |
| National Civil Code, 2074 | 2017 | DV as ground for divorce (Section 95), protection during proceedings |
| Constitution of Nepal, 2072 | 2015 | Article 38 — right against violence for women; Article 39 — child protection |
| CEDAW | Ratified 1991 | International obligation to eliminate violence against women |
Section 2(a) of the DV Act defines domestic violence as any form of physical, mental, sexual, or economic harm perpetrated by a person against another with whom they share a domestic relationship. The law also covers acts of reprimand and emotional harm.
| Type of Abuse | Examples |
|---|---|
| Physical abuse | Beating, hitting, slapping, kicking, burning, strangulation, bodily injury with acid or weapons, illegal detention |
| Mental / emotional abuse | Threats, intimidation, verbal abuse, humiliation, isolation, controlling behaviour, harassment |
| Sexual abuse | Forced sexual acts, marital rape (criminalized under Criminal Code Section 219), sexual harassment |
| Economic abuse | Withholding financial resources, preventing employment, controlling earnings, denying access to basic necessities |
The Act applies to persons in a domestic relationship — defined broadly to include family members living under the same roof, joint family members, dependants, and domestic workers. Specifically protected persons include spouses and ex-spouses, parents, children (including adopted), in-laws (mother-in-law, father-in-law, daughter-in-law), siblings, and persons working within the household. While anyone can be a victim, Nepal Police data confirms that women constitute the overwhelming majority of domestic violence victims.
| Who | Condition |
|---|---|
| The victim | Any person suffering domestic violence |
| Family members / relatives | If the victim is a minor, incapacitated, or unable to file |
| Any person with knowledge | Anyone who knows DV has been, is being, or is likely to be committed |
| NGOs / social organizations | Registered organizations working for women's or children's rights (with court permission) |
| Government (Public Prosecutor) | If the victim cannot proceed or offender fails to comply with reconciliation |
Under Section 4, a domestic violence complaint can be filed with any of the following authorities:
| Authority | Process |
|---|---|
| Nepal Police (Women Cell) | Nearest police station — written or oral complaint. Police must produce offender within 24 hours (excluding travel time). |
| National Women Commission | Files complaint and takes action under its governing law |
| Local body (Ward Office / Municipality) | Receives complaint and facilitates resolution or forwards to police |
| District Court | Direct court filing for protection orders |
| Step | Action | Timeline |
|---|---|---|
| 1 | Victim files written or oral complaint at the Women Cell of the nearest police station | Immediately |
| 2 | Police registers complaint and produces the offender | Within 24 hours |
| 3 | Medical examination of victim (if physically or mentally injured) | Immediately |
| 4 | Injury report obtained from hospital | As needed |
| 5 | Immediate protection and assistance to victim | Immediately |
| 6 | Statement recording of both parties | During investigation |
| 7 | Reconciliation attempt (if victim desires) | Within 30 days of complaint |
| 8 | If reconciliation fails — police forwards case to court | Within 15 days of failure |
| 9 | Court proceedings (in-camera / closed session) | Per court schedule |
| 10 | Judgment — protection order, compensation, and/or punishment | Upon conclusion |
If the offender fails to appear for a statement, or parties cannot reconcile, the police forward the case to court within 15 days. The government (Public Attorney) prosecutes on behalf of the victim.
The court may issue a protection order under Section 5 to safeguard the victim during and after proceedings. Protection orders can prohibit the offender from contacting or approaching the victim, restrain the offender from entering the victim's residence or workplace, grant temporary custody of children to the victim, and require the offender to pay interim maintenance. Violating a protection order is a separate offence punishable by a fine of NPR 2,000–15,000 or imprisonment up to 4 months, or both.
| Offence | Penalty | Section |
|---|---|---|
| Domestic violence (first offence) | Fine NPR 3,000 – 25,000 or imprisonment up to 6 months or both | 13 |
| Repeat offence | Double the above penalty | 13(3) |
| DV by a public servant | Additional 10% over prescribed punishment | 13(4) |
| Violating protection order | Fine NPR 2,000 – 15,000 or imprisonment up to 4 months or both | 13(5) |
| Compensation | Court orders offender to pay for medical treatment, loss, and damages | 8 |
The DV Act mandates that the offender compensate the victim for medical expenses, loss of earnings, and pain and suffering. Additionally, the government has established Service Centres (Section 11) and a Service Fund (Section 12) to provide immediate shelter, counselling, legal aid, and rehabilitation to victims. These centres are operated through the Ministry of Women, Children and Senior Citizens and partner NGOs including Maiti Nepal and WOREC Nepal.
Domestic violence is one of the most common grounds for contested divorce in Nepal. Under Section 95 of the National Civil Code 2074, a spouse can file for divorce if the other spouse has inflicted physical or mental cruelty. The court considers the nature and severity of violence, pattern and frequency, impact on children, and the victim's safety when granting divorce on this ground. In the divorce process, the DV complaint and any protection orders serve as evidence supporting the divorce petition.
| Legal Action | DV Act | Divorce (Civil Code) |
|---|---|---|
| Purpose | Criminal prosecution + protection | Dissolution of marriage |
| Filed at | Police / NWC / Local body | District Court |
| Outcome | Fine, imprisonment, protection order | Divorce decree, property division, child custody |
| Can run simultaneously? | Yes — DV prosecution and divorce proceedings can run in parallel (Section 15 of DV Act) | |
The Muluki Criminal Code 2074 explicitly criminalizes marital rape under Section 219 — a landmark provision that did not exist under the old Muluki Ain. Marital rape is punishable by up to 5 years imprisonment. It is also categorized as sexual abuse under the Domestic Violence Act, meaning victims can pursue both DV remedies and criminal prosecution simultaneously.
Under Section 14 of the DV Act, the complaint must be filed within 90 days of the commission of the offence. This is a critical deadline — victims who delay beyond 90 days may lose the ability to file under the DV Act specifically, though criminal prosecution under the Muluki Criminal Code may still be available depending on the offence type.
Despite the legal framework, implementation faces significant challenges: underreporting due to social stigma and fear, police emphasis on reconciliation over prosecution, limited awareness of legal rights in rural areas, economic dependence of victims on offenders, inadequate service centres and shelter capacity, and the relatively low maximum penalty (6 months / NPR 25,000) compared to the severity of the offence. Advocacy groups continue to push for stronger penalties, mandatory arrest provisions, and expanded funding for victim support services.
| Helpline | Number | Purpose |
|---|---|---|
| Nepal Police | 100 | Report any offence including domestic violence |
| National Women Commission (Khabar Garau) | 1145 | Gender-based violence and violence against women |
| Child Helpline | 1098 | Child abuse including child domestic abuse |
| Maiti Nepal | +977-1-4492904 | Shelter and rehabilitation for women and children |
Nepal Divorce Services is Nepal's first specialized divorce and family law firm. Domestic violence cases intersect directly with our core practice — we handle DV-related divorce filings, protection order applications, child custody disputes arising from DV, property division in DV cases, and coordination between DV criminal proceedings and divorce litigation. Whether you are in Nepal or filing from abroad, our team can guide you through both the criminal and civil processes.
For legal assistance, contact us at +977 9841114443 or on WhatsApp.
| Topic | Guide |
|---|---|
| Divorce process | Divorce Process in Nepal |
| Contested divorce | Divorce by Court Order in Nepal |
| Child custody | Child Custody After Divorce in Nepal |
| Criminal code | Muluki Criminal Code 2074 |
| Property partition | Property Partition During Divorce |
| Women's divorce rights | Divorce Rights for Women in Nepal |
The Domestic Violence (Offence and Punishment) Act, 2066 (2009) is Nepal's primary law on domestic violence. It defines domestic violence as any form of physical, mental, sexual, or economic harm within a domestic relationship. The Act establishes a complaint mechanism, protection orders, and penalties for offenders. It is supported by the DV Rules 2067 and relevant provisions of the Muluki Criminal Code, 2074.
The DV Act recognizes four types of domestic violence:
Under Section 4 of the DV Act, you can file a complaint with:
Police must produce the offender within 24 hours of the complaint (excluding travel time).
Under Section 13 of the DV Act:
The court also orders the offender to compensate the victim for medical expenses and damages.
Yes. Domestic violence is one of the most common grounds for contested divorce in Nepal. Under Section 95 of the National Civil Code 2074, a spouse can file for divorce if the other inflicts physical or mental cruelty. DV complaints and protection orders serve as evidence in the divorce process. Both DV criminal proceedings and divorce can run simultaneously.
A protection order is a court order under Section 5 of the DV Act that protects the victim. It can prohibit the offender from contacting or approaching the victim, restrain entry to the victim's residence or workplace, grant temporary child custody to the victim, and require interim maintenance payments. Violating a protection order is a separate offence punishable by fine or imprisonment.
Yes. The Muluki Criminal Code 2074 explicitly criminalizes marital rape under Section 219, punishable by up to 5 years imprisonment. Marital rape is also categorized as sexual abuse under the DV Act. Victims can pursue both DV remedies and criminal prosecution simultaneously.
Under Section 14 of the DV Act, the complaint must be filed within 90 days of the commission of the offence. If you miss this deadline, you may lose the ability to file under the DV Act specifically. However, criminal prosecution under the Muluki Criminal Code may still be available depending on the offence type and its limitation period.
The following persons can file a DV complaint:
DV court proceedings are held in-camera (closed session) to protect the victim's privacy and dignity. Only the victim, offender, their lawyers, and necessary court staff are permitted. The public and media are excluded. This provision encourages victims to testify without fear of public exposure.
The court can order the offender to pay compensation covering medical treatment costs, loss of earnings during recovery, pain and suffering, and any property damage. Additionally, the government provides support through Service Centres (shelter, counselling, legal aid) and the Service Fund established under the DV Act.
Yes. Section 15 of the DV Act allows parallel proceedings — you can pursue a criminal DV case (for protection and punishment) and a civil divorce case (for dissolution of marriage, property division, and child custody) simultaneously. The DV evidence strengthens the divorce petition.
Under Section 13(3) of the DV Act, a person convicted of domestic violence for a second time faces double the penalty — up to NPR 50,000 fine and/or 12 months imprisonment. Additionally, if the offender is a public servant, an extra 10% is added to the punishment.
Key helplines:
A lawyer can assist with: filing the DV complaint and gathering evidence, obtaining protection orders from court, representing the victim in criminal proceedings, filing a divorce petition based on DV grounds, securing child custody and property rights, coordinating between DV prosecution and divorce litigation, and claiming compensation. Contact Nepal Divorce Services at +977 9841114443.
At Nepal Divorce Services, Nepal's first specialized divorce law firm, we understand that taking the first step toward divorce can feel overwhelming. Our experienced divorce lawyers are here to guide you through the legal process and help you move forward with confidence and clarity.
Whether you're inside or outside Nepal and need assistance with filing a divorce case, our services are accessible worldwide. Contact us at +977 9841114443, on WhatsApp, or Viber.
