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11 NJA L.J. 151 (2017)
Battered Woman Syndrome as a Mitigating Factor of Homicide in Nepal

handle is hein.journals/njal11 and id is 163 raw text is: Battered Woman Syndrome as a Mitigating Factor of Homicide in Nepal Indira Silwal- Abstract Battered Woman Syndrome (hereinafter BWS) was first introduced by Doctor Lenore E. Walker in her book The Battered Woman'.BWS is taken as mitigating factor if circumstances as well as expert testimony prove that defendant woman is suffering from this syndrome in some countries like United Kingdom, United States of America, Canada, Australia, New Zealand etc. It is not taken as mitigating factor in each and every country; even India has not recognized this as a mitigating factor in Homicide offences. This syndrome, if verified by essential ingredients, is used to reduce punishment but not to exempt from criminal liability of killing a husband/partner. For Nepal also, it is high time to recognize BWS as a mitigating factor so that woman who is the victim of domestic violence for prolonged period of time by her husband should not be victimized by the law again. 1. Background Crime is inevitable in every society. According to Durkheim, even in angelic society there is crime. Human society is not an exception.There are various kinds of crimes which exist in Human Society. Some crimes are heinous and others are not. The most heinous crime of all in the human society is the killing of one human being by another human being. Killing of person is the most heinous crime because once the life is lost; its status quo is not possible. Because of this, almost all the countries have condemned the killing of a person by another person. However there are some grounds when killing of a person by another person is either acquitted or awarded with lesser punishment. When deciding the sentencing for a defendant who has been found guilty, jurors and the judges are asked to weigh the aggravating and mitigating circumstances of the case. Aggravating Factors are any relevant circumstances, supported by the evidence presented during the trial that makes the harshest penalty appropriate, in the judgment of the judge. Mitigating Factors are any evidence presented regarding the defendant's character or the circumstances of the crime, which would cause a juror or judge to vote for a lesser sentence.' Advocate, LL.M. (Commercial Law and Criminal Law) TU., Nepal. Charles Montaldo, Aggravating and Mitigating factors, Available at http://crime.about.com/od/death/a/mitigating.

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