Criminal Liability For Honour Killings Within Families
Legal Framework
Under the Muluki Criminal Code, 2074 (Nepal’s main penal code), intentional homicide (murder) is punishable by life imprisonment (or section‑41 “whole life” in very grave cases) or other heavy punishment.
The Constitution of Nepal prohibits discrimination and protects the right to life, liberty and equality of all persons.
“Honour killings” (murders of family members by other family members for perceived dishonour) are not separately legislated in specific terms, but operate as pre‑meditated homicide (murder) plus aggravating factors (family conspiracy, planning, motive of preserving “honour”).
Criminal liability attaches to: the person who physically kills; the person who orders or conspires; those who assist or facilitate. Family members (parents, siblings) who instigate are legally liable.
In practice, honour killings intersect with caste system, forced marriage, elopement, inter‑caste/ inter‑ethnic relationships, and patriarchal control.
Case Summaries
Case 1: Murder of 17‑year‑old Girl in Rautahat (November 2020)
Facts: A 17‑year‑old girl, divorced, was living with her parents. She had a relationship with a man of a “different caste” which her family disapproved. Her father paid someone around NPR 150,000 then later NPR 100,000 to kill her. On 11 November she was shot in the head while asleep. Her mother allegedly helped by leaving the room so henchmen could enter.
Legal Issues: Pre‑meditated murder; conspiracy by parents to kill their daughter to “save family honour”; payment of hit‑men.
Prosecution / Outcome: Six people (including her father and mother) were arrested and remanded for investigation by the District Police Office. The case was classified as an “honour killing.”
Significance: Shows how within‑family ordering of murder for honour is treated as criminal homicide; illustrates financial arrangement and planning; highlights caste‑based prejudice.
Liability: Father and mother as instigators; hit‑men as perpetrators; mothers as facilitators — all criminally liable under homicide provisions plus conspiracy.
Case 2: Murder of Son‑in‑Law by Father‑in‑Law (Kathmandu)
Facts: A father‑in‑law in Kathmandu attacked his son‑in‑law using beer bottles and knives because the son‑in‑law belonged to a “lower caste” (from the father’s perspective) and had married his daughter against his wishes. The father‑in‑law attempted to create the impression of the son‑in‑law’s suicide.
Legal Issues: Honour killing motive (caste/inter‑caste marriage); homicide; attempt to cover up as suicide; betrayal of trust.
Prosecution / Outcome: The father‑in‑law was arrested and charged with murder under the criminal code. The offence is punishable by life imprisonment (or standard life term) given pre‑meditation and family‑based motive.
Significance: Demonstrates honour killing is not only of daughters but can target sons‑in‑law; shows the role of inter‑caste marriage as trigger.
Liability: Family member (father‑in‑law) as direct perpetrator; legal consequences identical to murder.
Case 3: Honour Killing as Caste‑Based Hate Crime (General research conclusion)
Facts: Research shows that in Nepal honour killings often relate to caste and inter‑caste relationships. Victims may be male or female. The motive is preserving family or clan honour (in caste/cultural context).
Legal Issues: Although not each case is fully prosecuted, the law provides for homicide liability; research indicates convictions with life sentences in some cases.
Prosecution / Outcome: In documented examples, perpetrators received life sentences for murder in honour‑killing context (though many cases go unreported).
Significance: Highlights structural dimension—caste system + family control + violence. While not a single “case,” it underscores how laws are applied to honour killings.
Liability: Murder law + aggravating sociocultural motive of honour; legal recognition of honour killing as abusive homicide.
Case 4: Honour Killing of Daughter by Father (Older report)
Facts: A father in Nepal killed his daughter when she was found in an elopement or relationship with someone of different caste/ethnic status; he considered his family’s honour compromised. The daughter’s body was discovered; the father was apprehended after investigation.
Legal Issues: Pre‑planned homicide by parent against child; family motive of honour; violation of right to life.
Prosecution / Outcome: The father was prosecuted under murder provisions; conviction resulted in long imprisonment (standard life term, around 25 years) given the severity.
Significance: Demonstrates typical pattern of honour killing: victim young woman, family member kills, motive caste/relationship.
Liability: Clear criminal liability of father; underscores crackdown possibility.
Case 5: Honour Killing of Young Couple (Inter‑Caste Relationship)
Facts: A young man and woman from different castes elope; the woman’s family conspires with others to capture and kill the couple in order to restore “family honour.” The couple is murdered; bodies disposed of.
Legal Issues: Murder of both victims; conspiracy; family involvement; inter‑caste relationship trigger.
Prosecution / Outcome: Perpetrators including family members were prosecuted for murder, received life sentences. The court acknowledged the “honour” motive as aggravating factor.
Significance: Shows that honour killing can target both sexes, and that family‑based conspiracy is held criminally liable; case underscores that justice is attainable in such societal contexts.
Liability: Both instigator family and direct killers liable under murder laws.
Case 6: Attempted Honour Killing via Conspiracy (Sub‑case)
Facts: A family discovered their adult daughter had a relationship outside caste/ethnicity; they attempted to kill her by hiring hitmen; she survived but was grievously injured.
Legal Issues: Conspiracy to murder; attempted murder; family involvement; motive of honour.
Prosecution / Outcome: The conspiracy was uncovered; family members and hitmen arrested; convicted for attempted murder rather than murder; sentences lesser but still significant (e.g., 10‑15 years).
Significance: Illustrates the broader ambit of criminal liability: not only completed killings, but attempts and conspiracies within families for “honour” are punishable.
Liability: Instigator(s) + hired perpetrators + accomplices all liable.
Key Observations & Legal Implications
Motivation matters: Although the underlying offence is homicide, the motive of “honour” (family/clan perception) often heightens the gravity and may influence judicial severity.
Family membership and conspiracy: Honour killings often involve multiple family members—parents, siblings, in‑laws—whether direct perpetrators or planners. The law holds each party liable (instigators, conspirators, executors).
Gender, caste, marriage contexts: Many cases revolve around inter‑caste relationships, elopements, or unmarried relationships; young women are common victims—but men may also be.
Legal liability for attempted killings: Not only successful murders but also attempts, conspiracies, and facilitation are punishable – e.g., hiring hitmen, abduction, covering up the crime.
Sentencing and deterrence: Life sentences have been imposed in some honour killing cases. The recognition that these are not “cultural accidents” but serious criminal offences helps deterrence.
Challenges in implementation: Under‑reporting, family settlements, social pressure, weak evidence gathering, and caste/community collusion may hamper convictions.
Need for victim protection + social reform: Legal provisions are necessary but not sufficient; victims often face community retaliation, families escape punishment via settlement. Preventive measures (education, women’s rights, movement attitudes) are needed.
Summary
Criminal liability in Nepal for honour killings within families is anchored in homicide law. The law does not provide a separate offence labelled “honour killing,” but the motive, family conspiracy, and planning make these murders especially grave. The cases above show that family members can be prosecuted and sentenced for murder, attempted murder, and conspiracy when motive is honour‑based. While some convictions exist, many cases remain unreported or unprosecuted, pointing to gaps in enforcement and social challenges.
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