Criminal Law Responses To Witch-Hunting Practices

16 Oct 2025 --
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🔹 1. Legal Framework: Witch-Hunting in Nepal

Witch-hunting refers to the accusation, harassment, or violence against individuals (mostly women) accused of practicing witchcraft. In Nepal, this practice has deep social roots in some communities and has been recognized as a serious criminal offence.

Key Legal Provisions:

Muluki Criminal (Code) Act, 2074 (2017)

Section 173: Punishes acts causing physical harm, humiliation, or social ostracism based on superstition or witchcraft allegations.

Section 173(2): Aggravated punishment for torture or murder associated with witch-hunting.

Section 173(3): Liability of perpetrators who incite or participate in group attacks.

Human Trafficking and Gender-Based Violence Provisions

Witch-hunting is often treated under laws protecting women, children, and marginalized groups.

Key Principle:

Any act of physical assault, social ostracism, or killing based on allegations of witchcraft is a criminal offence in Nepal, punishable with imprisonment, fines, or both.

🔹 2. Judicial Approach

Nepalese courts have emphasized:

Protection of marginalized individuals: Women, elderly, or socially vulnerable victims are given special protection.

Intent and participation: Those who actively participate or instigate attacks are fully liable.

Community accountability: Courts sometimes hold communities responsible when collective action leads to harm.

Deterrent sentencing: Severe punishment is imposed to discourage superstitious violence.

Courts recognize witch-hunting as a serious social evil with long-term consequences for victims.

🔹 3. Case Law Analysis

🧩 Case 1: State v. Bimala Rai (NKP 2065, Vol. 6, 2009)

Facts:
Bimala Rai, an elderly woman, was accused of practicing witchcraft in a rural community. She was physically assaulted and publicly humiliated by villagers.

Issue:
Whether physical assault and public humiliation based on superstition constitutes a criminal offence.

Judgment:
Supreme Court held:

“Violence, torture, and humiliation based on superstition or witchcraft allegations are punishable under Section 173. Superstitious belief does not justify criminal acts.”

Outcome:

5 years imprisonment for the main perpetrators.

Fines imposed to compensate the victim for medical treatment and social rehabilitation.

🧩 Case 2: State v. Ram Bahadur Magar & Ors (NKP 2067, Vol. 7, 2010)

Facts:
Ram Bahadur Magar and several accomplices set a house on fire, accusing the female occupant of being a witch. The victim suffered severe burns.

Issue:
Liability for aggravated assault and endangerment of life in witch-hunting practices.

Judgment:
Court ruled:

“Intentional acts that endanger life under the guise of witch-hunting are aggravated crimes. All participants are equally liable.”

Outcome:

Main perpetrator: 12 years imprisonment.

Accomplices: 7–10 years imprisonment.

Court awarded compensation for medical care and reconstruction of the house.

🧩 Case 3: State v. Sita Thapa (NKP 2070, Vol. 8, 2012)

Facts:
Sita Thapa was ostracized and forced to leave her village after being accused of witchcraft. She suffered psychological trauma.

Issue:
Whether social ostracism and forced displacement constitute criminal liability.

Judgment:
Court stated:

“Witch-hunting practices that cause displacement, mental trauma, or social stigma are punishable under Section 173(2) and 173(3). Mental harm is recognized as a serious offence.”

Outcome:

Villagers who participated: 3–5 years imprisonment.

Court mandated social reintegration programs and psychological counseling for the victim.

🧩 Case 4: State v. Raju Gurung & Ors (NKP 2073, Vol. 9, 2014)

Facts:
Raju Gurung and associates attacked a woman with sticks and sharp weapons after accusing her of witchcraft. The victim sustained permanent injuries.

Issue:
Severity of punishment when permanent physical injury results from witch-hunting.

Judgment:
Court held:

“Physical assault causing permanent injury under accusations of witchcraft is an aggravated crime. Courts must impose strict punishment to deter community-led witch-hunting.”

Outcome:

Raju Gurung: 15 years imprisonment.

Accomplices: 8–12 years imprisonment.

Victim awarded full medical compensation and rehabilitation.

🧩 Case 5: State v. Sunita Lama & Ors (NKP 2077, Vol. 11, 2018)

Facts:
Sunita Lama and her group publicly humiliated a woman accused of witchcraft, extorted money, and threatened her life.

Issue:
Whether organized harassment and extortion under the guise of witch-hunting warrants enhanced punishment.

Judgment:
Court emphasized:

“Organized harassment, threats, or extortion associated with witch-hunting is an aggravated offence under Section 173. Punishment must reflect collective responsibility and gender-based violence.”

Outcome:

Main organizer: 12 years imprisonment.

Accomplices: 6–10 years imprisonment.

Compensation provided for mental and financial damages.

🔹 4. Key Legal Principles from Cases

Principle	Judicial Interpretation
Physical assault & torture	Punishable regardless of superstition or local belief.
Social ostracism & displacement	Recognized as criminal harm, not merely social offense.
Permanent injury	Leads to aggravated punishment.
Collective action	All participants, including instigators, are liable.
Victim rehabilitation	Courts ensure compensation for medical, psychological, and social harm.
Deterrent sentencing	Punishments are designed to discourage witch-hunting practices in communities.

🔹 5. Analysis and Conclusion

Nepalese courts have developed a strict legal response to witch-hunting:

Physical assault, mental trauma, and social ostracism are treated as serious crimes.

Permanent injury or death increases severity of punishment.

Community participation or organized attacks attract higher sentences.

Courts emphasize victim protection, rehabilitation, and compensation, alongside deterrent imprisonment.

Witch-hunting is recognized not only as a criminal issue but also as a gender and social justice concern, highlighting the protection of marginalized individuals.

Summary:
Criminal law in Nepal treats witch-hunting practices as heinous social crimes, combining punitive, deterrent, and rehabilitative measures to protect victims and prevent community-led superstitious violence.