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Acid attacks are one of the most heinous forms of violence, often motivated by personal revenge, rejection, or domestic disputes. In Nepal, although not as widespread as in some neighboring countries, acid attacks have been increasing and gaining attention due to their devastating impact on victims, both physically and psychologically. Most victims are women and girls, often targeted by individuals seeking to assert power or control over them. The consequences are life-altering, leading to permanent disfigurement, disability, trauma, and social stigma.
The issue came into the national spotlight after several high-profile cases revealed the lack of stringent laws and proper support systems for survivors. In response, the Government of Nepal has taken legislative steps to strengthen legal provisions. The Acid and Other Hazardous Chemicals (Regulation) Act, 2019, and amendments to the Criminal Code introduced stricter penalties for perpetrators and better protection for victims. However, challenges remain in law enforcement, access to justice, medical care, and rehabilitation. Preventing acid attacks in Nepal requires not only legal reform but also public awareness, regulation of chemical sales, and support for survivors. Comprehensive efforts from the government, civil society, and communities are essential to eliminate this brutal form of violence and ensure justice and dignity for all victims.
Section 192( ka) of the Muluki Penal Code deals with the provisions relating to Acid Attack
Causing harm by using acid or similar harmful substances to injure, disfigure, or cause pain to another person is a punishable offense. If the victim’s face is disfigured, the offender faces 5 to 8 years of imprisonment and a fine between NPR 100,000 to 500,000. For disfigurement of other body parts or causing bodily pain, the punishment is 3 to 5 years of imprisonment and a fine between NPR 50,000 to 300,000. All fines collected must be given to the victim as compensation.
Disfigurement of Face
According to the National Penal Code, if someone causes disfigurement of another person's face, they can be sentenced to imprisonment for a period between five and eight years. In addition, the offender must pay a fine ranging from NPR 100,000 to NPR 500,000.
Disfigurement of Body Parts
The Act specifies that if a person causes bodily pain or disfigures any organ of another person, they are subject to imprisonment for a term of three to five years. Additionally, they must pay a fine between NPR 50,000 and NPR 300,000.
Compensation
Additionally, the full amount of the fine imposed on the offender must be provided to the victim as compensation.
Statute of Limitations:
In acid attack cases in Nepal, the legal time limit for filing a First Information Report (FIR) is one year from the date the crime was committed.
Services provided by a criminal lawyer in case of an Acid Attack
1. Legal Consultation and Case Evaluation
At the outset, the lawyer provides a detailed consultation to the victim or their family. This includes assessing the circumstances of the attack, understanding the available evidence, and informing the client about their legal rights and the legal remedies available under the National Penal Code and the Acid and Other Hazardous Chemicals (Regulation) Act, 2019. The lawyer helps the client understand the seriousness of the offense and outlines the next steps to seek justice.
2. Filing a First Information Report (FIR)
One of the most important services a lawyer offers is assisting in filing the First Information Report (FIR) at the police station. This ensures the case is formally registered and investigated. The lawyer ensures that all relevant details, the nature of the attack, the identity of the accused (if known), and the injuries caused are recorded. They also ensure that the FIR is filed within the legal framework to avoid procedural delays.
3. Securing Immediate Medical and Legal Aid
In acid attack cases, the victim often requires urgent medical treatment and legal protection. The lawyer can help secure court orders or liaise with relevant authorities to ensure the victim receives timely medical care and rehabilitation services. Lawyers can also request legal aid and protective measures, such as restraining orders or police security, if the victim fears further harm.
4. Collecting and Preserving Evidence
To build a strong case, the lawyer assists in collecting crucial evidence, such as medical reports, photographs of injuries, eyewitness statements, CCTV footage, and forensic reports. They work with investigators to preserve these pieces of evidence so they are admissible in court. Effective documentation of injuries and circumstances is vital to proving the offense and securing a conviction.
5. Representation in Court
The lawyer represents the victim throughout the criminal proceedings. This includes presenting the case before the court, cross-examining witnesses, and arguing for the maximum punishment under Section 192(ka) of the Muluki Penal Code, which prescribes 5–8 years of imprisonment and a fine up to NPR 500,000 for disfigurement of the face. The lawyer ensures the victim’s voice is heard and their rights are protected during trial.
6. Compensation and Civil Claims
As per Section 193(3) of the Penal Code, the fine imposed on the accused must be paid entirely to the victim as compensation. The lawyer ensures the court orders this compensation and also assists in filing additional civil claims for damages such as loss of income, psychological trauma, and cost of future medical treatment. This financial support is crucial for the victim’s recovery and rehabilitation.
7. Opposing Bail or Seeking Bail Conditions
In many acid attack cases, the accused may try to obtain bail. A lawyer for the victim plays a critical role in opposing bail or ensuring strict bail conditions are imposed, such as restraining the accused from contacting the victim. If representing the accused, the lawyer instead prepares a strong bail application and legal defense to protect their rights.
8. Appeals and Review of Judgments
If the victim or the state is dissatisfied with the court’s decision, for example, in cases of acquittal or inadequate sentencing, the lawyer can file an appeal in a higher court. Similarly, if representing the accused, the lawyer can file appeals to challenge a conviction or reduce the sentence. Lawyers ensure all legal remedies are exhausted for a fair outcome.
Acid attacks represent a particularly brutal form of violence that causes irreversible physical and emotional damage to victims. In Nepal, while the number of such cases remains relatively lower than in neighboring countries, the severity of their impact has led to growing public concern and legislative action. Most victims are women and girls, often targeted out of personal revenge, rejection, or attempts to exert dominance. These attacks result in long-term suffering, including disfigurement, disability, and psychological trauma, while survivors often face social exclusion and economic hardship.
To address this, the Government of Nepal has introduced legal reforms, including the Acid and Other Hazardous Chemicals (Regulation) Act, 2019, and amendments to the Criminal Code. Section 192(ka) of the Muluki Penal Code outlines strict penalties, up to eight years of imprisonment and substantial fines, for offenders. The fines collected must be fully paid to the victims as compensation. Despite these steps, more progress is needed in enforcement, regulation of chemical sales, and victim rehabilitation. The statute of limitations allows only one year to report such crimes, which may hinder access to justice. A holistic approach involving legal reform, public education, and victim support is essential. Ending acid violence in Nepal requires unified action to protect lives and uphold human dignity.
Frequently Asked Questions
In Nepal, an acid attack is defined as the act of throwing acid or any hazardous chemical substance onto another person, causing harm, disfigurement, or bodily pain.
Per Section 192(ka) of the National Penal Code, causing disfigurement of the face through an acid attack can result in 5 to 8 years of imprisonment and a fine between NPR 100,000 to NPR 500,000. For disfigurement of other body parts or causing bodily pain, the punishment is 3 to 5 years of imprisonment and a fine between NPR 50,000 to NPR 300,000.
Yes, the statute of limitations for filing a First Information Report (FIR) in acid attack cases is one year from the date of the commission of the offense.
Yes, under Section 193(3) of the National Penal Code, the entire amount of the fine imposed on the offender must be paid to the victim as compensation.
The victim should seek immediate medical attention, report the incident to the nearest police station to file an FIR, and consult with a legal professional to understand their rights and the legal process.
A criminal lawyer can assist by providing legal consultation, filing the FIR, securing immediate medical and legal aid, collecting and preserving evidence, representing the victim in court, ensuring compensation is awarded, opposing or seeking bail conditions, and handling appeals if necessary.
This Act regulates the production, sale, and distribution of acid and other hazardous chemicals in Nepal to prevent misuse and acid attacks. It mandates licensing for sellers and record-keeping of transactions.
Yes, the Acid and Other Hazardous Chemicals (Regulation) Rules, 2021, require sellers to maintain records of purchasers and their purposes for buying acid, and to issue invoices for each sale.
Yes, attempting to commit an acid attack is punishable under the same provisions as actual acid attacks, with penalties depending on the severity of the harm intended.
Victims can receive medical treatment at designated hospitals, legal assistance from criminal lawyers, and compensation as mandated by the law. Additionally, organizations like Burn Violence Survivors Nepal provide support and advocacy for victims.
Disclaimer:
This article is intended solely for informational purposes and should not be interpreted as legal advice, advertisement, solicitation, or personal communication from the firm or its members. Neither the firm nor its members assume any responsibility for actions taken based on the information contained herein.