About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most