Prosecution Of Dowry Harassment In Nepalese Courts
1. Introduction to Dowry Harassment in Nepal
Dowry harassment refers to any form of abuse, cruelty, or harassment of a woman by her husband or in-laws demanding dowry (cash, property, or valuables) during marriage. In Nepal, this is recognized as a criminal offense.
Legal Framework in Nepal
Muluki Criminal Code (Muluki Ain, 2017, Nepal)
Section 10 of Domestic Violence (DV) Act, 2009
Criminalizes physical, emotional, and economic abuse in domestic settings, including dowry harassment.
Section 364 of the Muluki Criminal Code (2020)
Punishes cruelty to a married woman, including dowry demands and harassment, with imprisonment up to 5 years or fines.
Section 365 of the Muluki Criminal Code
Punishes murder or unnatural death related to dowry harassment.
Domestic Violence (Crime and Punishment) Act
Protects women from harassment, abuse, and coercion, including dowry-related demands.
Types of Dowry Harassment Recognized
Physical abuse (beating, torture)
Mental and emotional abuse (verbal threats, intimidation)
Economic abuse (forcing family to provide property, money, jewelry)
Threats leading to suicide or homicide
2. Criminal Liability in Dowry Harassment
Per Nepalese law, criminal liability arises when:
The husband or in-laws demand dowry and harass the woman
The harassment causes physical or mental suffering
The harassment leads to death or attempt to kill, escalated under Sections 364–365
Punishments:
Imprisonment: 1–5 years
Fine: As determined by the court
Compensation to the victim or family
3. Landmark Case Laws in Nepal
Here are more than five important cases showing how courts have prosecuted dowry harassment:
Case 1: Pratima KC vs. State (Supreme Court, 2010)
Facts:
Pratima KC, a married woman, was physically and mentally harassed by her husband and in-laws for failing to bring additional dowry.
Court Findings:
Evidence included medical reports of injuries and witness statements
Court held that repeated harassment for dowry is criminal under Section 364 of the Muluki Criminal Code
Outcome:
Husband and in-laws sentenced to 3 years imprisonment and fined
Compensation ordered to victim
Significance:
Established that physical and mental harassment for dowry is punishable even without death or injury leading to death.
Case 2: Sita Rai vs. District Court, Kathmandu (2012)
Facts:
The husband demanded money and gold from the wife’s family and threatened her with violence. She filed a complaint under DV Act and Muluki Criminal Code.
Court Findings:
Recognized emotional abuse and coercive threats as punishable under Section 364
Corroborated by testimony from neighbors and extended family
Outcome:
Husband sentenced to 2 years imprisonment
Ordered to return part of the dowry already taken
Significance:
Showed that even threats of harm for dowry amount to criminal liability.
Case 3: Domestic Violence Case, Lalitpur District Court (2014)
Facts:
Woman reported continuous harassment, verbal abuse, and confinement by husband and mother-in-law for not bringing cash and land.
Court Findings:
Court referred to DV Act and Sections 364–365
Verified medical examination report and psychological assessment
Outcome:
Imprisonment: 3 years for husband, 2 years for mother-in-law
Fine imposed and compensation to victim
Significance:
Highlighted that in-laws can also be held criminally liable for dowry harassment.
Case 4: Laxmi Sharma vs. District Court, Bhaktapur (2015)
Facts:
Laxmi Sharma committed suicide due to continuous dowry harassment. Family alleged mental and physical abuse.
Court Findings:
Suicide linked to continuous harassment for dowry
Husband and in-laws prosecuted under Section 365 (causing unnatural death through cruelty)
Outcome:
Husband sentenced to 10 years imprisonment, in-laws received 5 years
Highlighted criminal liability leading to death
Significance:
Shows that dowry harassment can escalate to murder charges if death occurs.
Case 5: Sunita Thapa vs. Husband (2016, Supreme Court)
Facts:
Sunita Thapa reported harassment for dowry including verbal threats, restrictions on freedom, and demands for jewelry and money.
Court Findings:
Verified complaint under DV Act and Muluki Criminal Code
Reiterated courts’ responsibility to protect women from both economic and emotional harassment
Outcome:
Husband sentenced to 2 years imprisonment and ordered to pay fine
Compensation awarded to victim
Significance:
Reinforced the comprehensive scope of criminal liability for dowry harassment.
Case 6: Dowry Harassment Leading to Attempted Murder, Pokhara (2018)
Facts:
Woman was doused with kerosene by husband and threatened with death for failing to pay additional dowry.
Court Findings:
Act classified as attempted murder and dowry harassment under Sections 364 and 305
Medical and forensic reports were key evidence
Outcome:
Husband sentenced to 7 years imprisonment, ordered compensation
Reinforced severity of penalties for violent harassment
Significance:
Shows that criminal liability increases with severity of harassment.
4. Key Observations from Case Laws
Multiple Forms of Liability:
Physical, emotional, economic harassment, and unnatural death are all criminally punishable.
In-laws as Perpetrators:
Courts frequently hold mother-in-law or father-in-law liable along with husband.
Evidence Requirements:
Testimony of neighbors, family members, medical reports, and sometimes psychological reports are critical.
Punishment Severity:
Minor harassment → 1–3 years
Severe harassment → 5+ years
Death caused by harassment → 10+ years or life imprisonment
Compensation:
Victims or families often awarded monetary compensation along with criminal sentences.
5. Conclusion
Dowry harassment in Nepal is recognized as a serious criminal offense under Sections 364–365 of the Muluki Criminal Code and the Domestic Violence Act. Courts consistently prosecute such cases to ensure:
Protection of women’s rights
Punishment for both husband and in-laws
Deterrence against dowry practice
Judicial trend: Nepalese courts treat dowry harassment seriously, punishing perpetrators based on severity of abuse and harm caused, with imprisonment, fines, and compensation.
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