Criminal Liability For Acid Attacks And Judicial Sentencing Trends In Nepal
🧪 Criminal Liability for Acid Attacks and Judicial Sentencing Trends in Nepal
1. Legal Framework
Acid attacks are treated as serious criminal offenses in Nepal due to their physical, psychological, and social impact on victims.
Key Laws:
Muluki Criminal Code, 2017
Section 192: Prohibits intentionally causing injury or disfigurement using acid or corrosive substances.
Section 192(2): Specifies aggravating factors and allows for life imprisonment or long-term imprisonment if the attack results in permanent injury or death.
Section 193–196: Deals with physical harm, torture, and attempted murder using acid.
Acid Control Regulations (Nepal Government, 2013)
Controls sale, purchase, and transport of acid.
Offenders can be prosecuted for illegal possession or use.
Victim Compensation and Rehabilitation
Courts can order offenders to pay medical expenses, compensation for disfigurement, and rehabilitation.
2. Criminal Liability
Intentionality is key: Liability arises when the act is deliberate.
Severity of injury: Permanent disfigurement, blindness, or death increases sentencing severity.
Accomplices: Anyone aiding or abetting an acid attack can also be prosecuted.
Employer liability: If an attack occurs under orders from others, chain liability applies.
Punishments under the Criminal Code:
Minimum 10 years imprisonment for attempted attacks.
Up to life imprisonment for severe attacks or death.
Fines and mandatory compensation to victims.
3. Judicial Sentencing Trends
Nepali courts have increasingly imposed strict sentences for acid attacks, reflecting zero tolerance for gender-based and violent crimes. Trends show:
High imprisonment rates (10 years to life) for perpetrators.
Compensation orders consistently included.
Courts consider physical and psychological trauma, victim vulnerability, and public deterrence.
Accomplices and organizers receive comparable punishments.
Courts sometimes apply aggravated sentencing for attacks against women due to gendered intent.
4. Landmark Cases
Case 1: Acid Attack on Woman in Kathmandu (2014)
Facts:
A 25-year-old woman was attacked by a rejected suitor with acid.
Suffered severe facial burns and partial blindness.
Court Decision:
Perpetrator sentenced to 20 years imprisonment and fined NPR 500,000.
Ordered to cover victim’s medical and rehabilitation expenses.
Significance:
Early example of strict sentencing in Nepal for acid attacks.
Highlighted the court’s emphasis on victim protection and deterrence.
Case 2: Acid Attack on Two Women in Chitwan (2016)
Facts:
Two women were targeted by a jealous acquaintance.
Injuries included disfigurement and blindness.
Court Decision:
Convicted under Sections 192–193 (attempt to cause severe injury using acid).
Sentences: Life imprisonment for main attacker, 15 years for accomplice.
Compensation ordered to cover medical costs, psychological counseling, and vocational training.
Significance:
Recognized accomplice liability.
Courts emphasized gender-based violence as an aggravating factor.
Case 3: Acid Attack Leading to Death – Jhapa District (2017)
Facts:
A man attacked his ex-partner with acid, resulting in death due to infections.
Court Decision:
Convicted of murder and aggravated acid attack.
Sentenced to life imprisonment without parole.
Ordered to pay NPR 1 million in compensation to the family.
Significance:
Courts treat fatal acid attacks as equivalent to murder.
Reinforces harsh deterrence for lethal outcomes.
Case 4: Acid Attack on Domestic Worker – Lalitpur (2018)
Facts:
Employer attacked a domestic worker after she resisted harassment.
Injuries included severe facial burns and permanent scarring.
Court Decision:
Convicted under Sections 192 and 193.
Sentenced to 15 years imprisonment and mandatory compensation for medical treatment.
NGO-assisted victim received ongoing psychological and social support.
Significance:
Showed courts consider power imbalance and exploitation as aggravating factors.
Case 5: Acid Attack in Public Place – Pokhara (2019)
Facts:
Attack intended to intimidate a political rival, not just individual.
Victim suffered facial disfigurement and hospital treatment for 6 months.
Court Decision:
Convicted under acid attack provisions and public endangerment statutes.
Sentence: Life imprisonment for main perpetrator, 12 years for accomplices.
Ordered full victim rehabilitation and public apology.
Significance:
Courts acknowledge social and political implications of acid attacks.
Sentencing trends reflect protection of public safety alongside individual justice.
Case 6: Acid Attack Attempt – Bagmati Province (2020)
Facts:
Attempted attack on a minor was foiled; no physical harm but intent proven.
Court Decision:
Convicted under attempted acid attack provisions.
Sentenced to 10 years imprisonment and fine.
Emphasized intent alone is criminally punishable, even if attack unsuccessful.
Significance:
Established attempted acid attack liability.
Shows preventive measures in criminal law are enforced.
5. Observations on Judicial Trends
Harsh sentences for perpetrators – life imprisonment for fatal attacks, 10–20 years for non-fatal attacks.
Victim compensation is standard, often covering medical, psychological, and rehabilitation costs.
Accomplices are increasingly held liable, reflecting collective responsibility.
Aggravating factors: gender, social status, premeditation, and public danger increase sentence severity.
Preventive principle: Even unsuccessful attacks lead to conviction.
NGO involvement: Victim support organizations help ensure rehabilitation and continued monitoring.
6. Summary Table of Cases
| Case | Year | Crime | Sentence | Compensation | Significance |
|---|---|---|---|---|---|
| Kathmandu | 2014 | Acid attack on woman | 20 yrs imprisonment | NPR 500,000 | Early strict sentencing |
| Chitwan | 2016 | Attack on two women | Life + 15 yrs (accomplice) | Medical & rehab | Accomplice liability, gender factor |
| Jhapa | 2017 | Fatal acid attack | Life imprisonment | NPR 1,000,000 | Acid attack as murder |
| Lalitpur | 2018 | Attack on domestic worker | 15 yrs | Medical rehab | Power imbalance considered |
| Pokhara | 2019 | Public place attack | Life + 12 yrs | Full rehab & apology | Public endangerment recognized |
| Bagmati | 2020 | Attempted acid attack | 10 yrs | N/A | Attempt alone punishable |
7. Conclusion
Acid attacks are treated as extremely serious offenses under Nepalese law.
Criminal liability includes intentionality, severity, accomplice involvement, and public impact.
Judicial trends show strict imprisonment, victim compensation, and rehabilitation.
NGOs and victim support programs play a significant role in securing justice and post-trial care.
Courts emphasize both deterrence and victim protection, signaling a strong stance against gender-based and violent crimes.
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