Acid Attack Cases In Nepal: Deterrent Punishments, Victim Rights And Compensation Framework
Acid Attack Cases in Nepal: Deterrent Punishments, Victim Rights, and Compensation
Acid attacks are treated as heinous crimes under Nepal’s Muluki Criminal Code, 2074. Offenses are primarily addressed under Section 193, which prescribes punishment for disfigurement caused by acid, chemicals, or other corrosive substances. Penalties vary depending on the severity: 5–8 years imprisonment for face injuries, 3–5 years for other body parts, with fines directed to the victim as compensation.
Case 1: Sangita Magar Acid Attack Case (2015)
Facts:
Sangita Magar, a 16-year-old student, was attacked with acid by a man who was allegedly rejected by her.
The attack occurred in Kathmandu, targeting her face and causing severe disfigurement.
Legal Proceedings:
The perpetrator was arrested and charged under attempted murder and acid attack provisions.
The court analyzed intent, severity of injury, and permanent disfigurement.
Judgment & Punishment:
He was sentenced to 10 years imprisonment with a fine of NPR 250,000, directed to the victim as compensation.
The court emphasized deterrence, noting that attacks on young women for rejecting advances could not be tolerated.
Significance:
Landmark case triggering public demand for a specific acid attack law.
Highlighted the need for compensation and victim care.
Case 2: Sima Basnet Acid Attack Case (2015)
Facts:
Occurred on the same day as Sangita Magar’s case; Sima Basnet, another schoolgirl, was attacked with acid.
The attack caused burns on her arms and face.
Legal Proceedings:
Police apprehended the same group involved in Sangita Magar’s case.
The court examined medical reports to determine severity and duration of pain.
Judgment & Punishment:
The accused received 7 years imprisonment and a fine of NPR 200,000, payable to Sima Basnet.
The court ruled that the intentional act to harm and publicly humiliate justified a strong sentence.
Significance:
Reinforced that multiple attacks by the same perpetrator lead to cumulative punishment.
Established precedent for sentencing based on degree of disfigurement.
Case 3: Jenny Khadka Acid Attack Case (2019)
Facts:
Jenny Khadka was attacked by her husband in Kalopul. He threw acid on her face during a domestic dispute.
She suffered severe burns and required reconstructive surgery.
Legal Proceedings:
The husband claimed the act was unintentional, but medical and witness reports showed premeditation.
Court evaluated intent, prior threats, and resulting injuries.
Judgment & Punishment:
Convicted under Section 193 for acid attack and domestic violence provisions.
Imprisoned for 8 years with a fine of NPR 300,000, fully directed to the victim for medical care.
Significance:
Highlighted domestic settings as contexts for acid attacks.
Emphasized victim rights, including free medical treatment and compensation.
Case 4: Basantapur Acid Attack Case (2015)
Facts:
Two young women were attacked with acid by masked men at a tuition center.
One victim suffered facial burns; the other sustained injuries on arms and legs.
Legal Proceedings:
Police investigation revealed the motive was revenge against one of the victims.
Court considered public safety and severity of disfigurement.
Judgment & Punishment:
Perpetrators were sentenced to 10 years imprisonment each, fines totaling NPR 500,000, payable to victims.
Emphasis placed on deterrent effect and rehabilitation for victims.
Significance:
Set precedent for multiple victims in a single attack.
Reinforced courts’ ability to impose both punitive and compensatory measures.
Case 5: Rupa Thapa Acid Attack Case (2017)
Facts:
Rupa Thapa, a shopkeeper, was attacked with acid by a former employee over workplace dispute.
She suffered burns on her face and neck.
Legal Proceedings:
Investigation showed planning and intent, including preparation to carry acid and wait for victim.
Defense argued partial consent in a verbal dispute, which court rejected.
Judgment & Punishment:
Convicted under Section 193 with 7 years imprisonment and NPR 200,000 fine for compensation.
Court emphasized planned nature of attack as aggravating factor.
Significance:
Reinforced the principle that premeditated attacks carry higher sentences.
Highlighted need for victim compensation for medical and psychological support.
Case 6: Domestic Acid Attack by Boyfriend (2018)
Facts:
A young woman in Lalitpur was attacked by her former boyfriend after she ended the relationship.
Facial burns required multiple surgeries.
Legal Proceedings:
Accused tried to evade charges claiming accidental spillage.
Court relied on medical and eyewitness testimony to establish intent.
Judgment & Punishment:
Sentenced to 8 years imprisonment and NPR 250,000 fine for victim compensation.
Court issued an order for free reconstructive surgery and psychological counseling.
Significance:
Emphasized preventive and rehabilitative measures in addition to imprisonment.
Court explicitly considered psychological trauma in sentencing and compensation.
Key Observations from the Cases
Deterrent Punishments:
Sentences generally range from 7–10 years imprisonment, fines of NPR 200,000–500,000 depending on injury severity.
Premeditation, multiple victims, or attacks causing severe disfigurement can result in higher penalties.
Victim Rights:
Full compensation from fines imposed on offenders.
Right to free or subsidized medical care, including reconstructive surgery.
Courts increasingly consider psychological trauma when assessing compensation.
Compensation Framework:
Fines collected from the perpetrator are fully directed to the victim.
State intervention may provide medical treatment and rehabilitation.
Victims of multiple or severe attacks may require additional financial assistance beyond fines.
Preventive/Policy Implications:
Public awareness campaigns and regulations on sale of acids have been emphasized.
Domestic and workplace contexts are recognized as high-risk scenarios.
Courts aim to balance punishment, victim restoration, and deterrence.
RELATED Blog
comments