BARONA, BENEDICT H.

BS-CRIM 2-B
Facts: A Study of Witch Accusation in Nepal
Theory Applicable: Demonological Theory

The 47 incidents of witchcraft accusation that occurred in during 13 April 2011 – 12 April
2012 were studied through cluster sampling method. They were randomly collected through each
day purposive observation of 10 different daily national newspaper of Nepal. In every incidence,
the news published date, place (district), age and sex of victim, perpetrators relation with victim,
allegation and violence against victim, it’s consequences upon them and their approach to police
for complaint were studied through tabulation method.

Result
The number of victims, their age and sex
The researcher found that, in Nepal, incidence of witchcraft accusation was reported
throughout the year in 30 different district while 10 district the incidences were repeated. There
are altogether 57 victims in 47 incident. There are 11 male and 46 female victims who are of either
of age (i.e. child, adult or elderly). However, the number of women victim is cosiderebly higher
than the male victim.

Accusation and violence against the victims

There is occurrence of witch accusation in society on the belief that the victims can do
anything against the society, like enter someone’s body and force the individual to suffer
symptoms of a certain disease or kill the people or animals, cause disaster, etc. In two cases, the
accused person have to give ordeal to prove their innocence by either licking the feet or touching
the fire, etc. but in all of the cases , the society inflicted violence against victims. They were beaten
black and blue, their head is shaved off four sides, sooth painted on their face, attacked with sharp
weapons (sickle, khukuri and axe), forcefully fed human excreta, defamed, branded or looted
property and in extreme cases 10 victims were vanished and three were beaten to death while one
was burnt to death.

Perpetrators
The perpetratorsin witchcraft accusation consists of family members, local villagers or
neighbors, witch doctors(jhankris and matas), local group and even the educated member of
society such as teachers, politicians and in one case police too. The numbers of perpetrators were
difficult to ascertain as it varies from single person to group of people consisting more than 100.
It is thus harder to determine who are the main perpetrators, conspirators and accessories of crime.
Besides, there are still large numbers of other people who passively observe it. In criminal law,
criminal liabilityarises even though omission of duty. In Muluki Ain 2020, Chapter of homicide
number 19 states when someone plea for help to the persons present nearby and such persons who
are between age 17 and 65 years don’t go to rescue or for help they can be punished. On the
contrary, it was found if the family members of the victim tried to save them are even assaulted,
injured, defamed and in two cases even killed.

Victim’s interaction with Criminal Justice System Mechanism

The victim who were hurt and admitted to hospital were not able to reimburse treatment
expenses from perpetrators and they are not guaranteed of non repetition of such incidence on
future. Likewise, those who were ostracized from village couldn’t return home. Only in few cases,
the victims got compensation from perpetrators or rehabilitated in society and in only one case
government gave monetary compensation to victim’s family

Conclusion
The result of the current study must be interpreted in the context of its limitations which
may be addressed by future research on witchcraft accusation from different perspectives such as
the perspectiveof human rights , women and child rights, comparative study on practice of
witchcraft on different societies and alike.
Witchcraft accusation, in Nepal, is the reminiscence of demonological theory of crime.
In influence of demonology, the society is found to delineate certain person as witch and
consequently inflict violence upon them. However, the police personnels are found less proficient
to prosecute perpetrators on the court and the cases are settled through informal process.
Consequently, almost all of the perpetrators are unpunished or given nominal punishment while
the victims are deserted without any remedial measures. In nutshell, there is failure of Criminal
Justice System to control crime in society. The writer thus suggests, the government and NGOs /
INGOs working in promotion and protection of human rights to perform awareness program in
society. Further, the existing laws are not adequate and new law is yet to be enacted by parliament.
Thus, the state requires enacting a new legislation immediately to suppress the crime of witchcraft
accusation in society

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