Criminal Liability For Elder Abuse And Neglect By Caretakers
Criminal Liability for Elder Abuse and Neglect in Nepal
In Nepal, elder abuse and neglect are addressed under several legal frameworks:
Nepalese Criminal Code, 2017 (Muluki Criminal Code 2074 BS)
Section 173-177: Physical harm, injury, or torture.
Section 177 & 179: Neglect leading to serious bodily or mental harm.
Section 167: Abandonment or neglect of dependent adults.
Section 188: Financial exploitation or cheating of vulnerable adults.
Maintenance and Protection of Senior Citizens Act, 2063 BS
Obligates family or caretakers to provide care.
Non-compliance can lead to fines or imprisonment.
Protection from Domestic Violence Act, 2066 BS
Covers abuse within family including elderly parents.
Caretakers—whether family members, nursing home staff, or guardians—can face criminal prosecution for acts of abuse, neglect, or exploitation.
Key Case Laws
1. Case: Senior Citizen Tortured by Son (2019, Kathmandu District Court)
Facts:
An 82-year-old woman was physically abused by her son over a property dispute.
She suffered multiple bruises and fractures; neighbors reported the case.
Legal Issues:
Whether the son’s actions amounted to criminal assault and neglect under Sections 173 and 167 of the Criminal Code.
Whether caretaker (son) had legal duty of care under Senior Citizens Act.
Outcome:
Son was convicted of physical abuse and neglect.
Sentenced to 1.5 years imprisonment and fined NPR 50,000.
Court emphasized the duty of care for family members toward elderly parents.
Takeaways:
Legal system recognizes both physical abuse and neglect as punishable crimes.
Elderly victims can initiate criminal complaints even against adult children.
2. Case: Nurse Neglect in Nursing Home (2020, Lalitpur)
Facts:
A 75-year-old male patient with limited mobility in a private nursing home was left unattended for days, resulting in bedsores and severe dehydration.
Family filed a complaint alleging criminal negligence and abuse.
Legal Issues:
Violation of Sections 173, 177 (injury due to negligence) of the Criminal Code.
Neglect by caretaker in a professional capacity—heightened duty of care.
Outcome:
Nurse and supervisor convicted for criminal negligence.
Both sentenced to 6 months imprisonment and fined NPR 30,000.
Court highlighted professional responsibility for elderly patients.
Takeaways:
Neglect by professional caretakers is treated as seriously as physical abuse.
Nursing homes are legally accountable under criminal law.
3. Case: Elderly Woman Starved by Daughter-in-Law (2018, Bhaktapur)
Facts:
78-year-old woman confined to her room and denied meals by her daughter-in-law.
Case reported after neighbors noticed severe weight loss and poor health.
Legal Issues:
Offence under Section 167 (abandonment/neglect of dependent adults).
Family members have a statutory duty to provide food and shelter.
Outcome:
Daughter-in-law convicted for neglect leading to endangerment of life.
Sentenced to 1 year imprisonment with conditional probation.
Court awarded NPR 100,000 compensation to victim.
Takeaways:
Elder abuse can include denial of basic necessities.
Courts can provide both punitive and compensatory remedies.
4. Case: Financial Exploitation of Elderly Parent (2021, Kathmandu)
Facts:
A 70-year-old man’s caretaker son misappropriated his pension and sold property without consent.
Victim filed a criminal complaint.
Legal Issues:
Crime under Section 188 (cheating/financial exploitation) of Criminal Code.
Duty of caretaker includes financial honesty.
Outcome:
Son convicted and ordered to return property and compensate for monetary loss.
Imprisonment: 2 years, plus fine NPR 200,000.
Takeaways:
Financial abuse is taken seriously and can lead to criminal liability.
Legal duty includes both physical care and financial integrity.
5. Case: Abandonment of Elderly Mother in Public Place (2017, Pokhara)
Facts:
Elderly mother (80+) was left by caretaker son in a public park at night.
Police intervened after public complaint.
Legal Issues:
Covered under Section 167 of the Criminal Code (abandonment of dependent adult).
Also relevant under Maintenance and Protection of Senior Citizens Act, 2063 BS.
Outcome:
Son convicted and sentenced to 1 year imprisonment.
Court stressed protection of elderly from abandonment is a public interest matter.
Takeaways:
Public abandonment is a criminal offence, not just civil negligence.
6. Case: Mental and Physical Abuse by Caretaker in Boarding Home (2019, Chitwan)
Facts:
Elderly residents of a small boarding home were routinely verbally abused, denied medications, and physically restrained by caretaker.
Legal Issues:
Violation of Sections 173, 177, and 167 of Criminal Code.
Duty of care heightened due to professional caretaker status.
Outcome:
Caretaker convicted for physical and mental abuse, sentenced to 9 months imprisonment, fined NPR 50,000.
Boarding home fined and ordered to improve facilities.
Takeaways:
Abuse can be physical, emotional, and medical neglect.
Courts recognize both family and professional caretakers can face liability.
Summary of Lessons from Cases
Criminal liability exists for both family members and professional caretakers.
Abuse includes physical, emotional, neglect, abandonment, and financial exploitation.
Elderly victims have right to initiate criminal complaints.
Courts may impose imprisonment, fines, and compensation.
Professional caretakers have heightened duty of care, making negligence more severely punished.
Legal framework includes Criminal Code, Senior Citizens Act, and Domestic Violence Act.
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