Abstract
Battered Woman Syndrome (BWS), a subcategory of post-traumatic stress disorder (PTSD), acknowledges the severe psychological impact of prolonged intimate partner abuse. Its recognition in criminal law, especially in homicide cases, allows for consideration as a mitigating factor  or part of self-defense, aiming for more accurate justice for survivors. 
While BWS is a nascent concept in Nepal’s legal landscape, it should not be a blanket defense. Instead, it demands crucial consideration from the judiciary to ensure objective and just decisions. New legal provisions are imperative to guide courts, ensuring the unique circumstances and experiences of battered women are properly acknowledged and integrated into judicial processes. 

Introduction
Domestic violence has many names: wife abuse, marital assault, woman battery, spouse abuse, wife beating, conjugal violence, intimate violence, battering, partner abuse etc. ¹ Domestic violence results in death, serious injury, and chronic medical and mental health issues for victims, their children, the perpetrators, and others.² Most significantly, domestic violence leads to severe psychological consequences for the woman victim and the development of  Battered Woman Syndrome (BWS) among women is one of such consequences caused by it.

“Battered” refers to being violently struck multiple times, usually with an object or weapon, in a way that causes bruising or severe injury. It implies sustained, intentional harm often aimed at overpowering or punishing the victim. ³  “Syndrome” refers to a set of physical or psychological symptoms that consistently occur together and are characteristic of a particular disease, condition, or behavioral pattern. ⁴

Battered Woman syndrome (BWS) thus can be defined as the psychological and behavioral effects resulting from a prolonged exposure to domestic violence;particularly when the victim is a woman.Battered Woman Syndrome is not recognized as a mental disorder but rather a psychological response to a traumatic experience. ⁵ However, we all should understand that not all victims of domestic violence will develop BWS as the factors like:the severity and duration of the abuse, the age at which it began, and the victim's coping mechanisms all play a role in the development of BWS. ⁶

Definition
Psychologist Lenore Walker first coined the term “Battered Woman Syndrome” in her influential 1979 book,after an extensive study of the behavior of female victims of domestic violence, describing it as the psychological consequences experienced by women living under ongoing intimate partner violence. She clarified that BWS is not a mental illness but a response to persistent trauma, often co-occurring with Post-Traumatic Stress Disorder (PTSD).

Interestingly, Walker identified a repeating cycle in abusive relationships: rising tension, violent outbursts, and a “honeymoon phase”, where the abuser apologies and promises to change,only for the cycle to repeat. ⁷

Further, she defined BWS as a psychological condition that develops in victims of consistent and severe Intimate Partner Violence (IPV), resulting in symptoms of learned helplessness, emotional numbing, and a distorted perception of danger and control.To clinically identify this condition, Walker proposed six groups of symptoms, first three of which mirror the established criteria for; post-traumatic stress disorder (PTSD) while the remaining three are unique to Intimate Partner Violence (IPV) victims ⁸:  
1.    Intrusive recollections of the traumatic events;
2.     Hyper-arousal and heightened anxiety;
3.     Avoidant behavior and emotional numbing (e.g., depression, dissociation, repression, denial);
4.      Disrupted interpersonal relationships due to the batterer's control tactics;
5.     Distorted body image and physical/somatic complaints;
6.     Issues with sexual intimacy  

Psychological Impact of Battered Woman Syndrome
Battered Woman Syndrome deeply affects a woman’s mental health .Women who go through this often suffer from severe anxiety, depression, and feelings of worthlessness. The constant exposure to violence damages their self-esteem and makes it hard for them to make decisions, including the decision to leave their abusive relationship. Over time, the victim may come to believe that the abuse is deserved or that there is no way to escape it.Many feel trapped, scared and helpless due to the abusive behaviour of their partner.
However, not all women respond to abuse in the same way. Research shows that there isn’t just one “battered woman profile.” Like anyone who experiences trauma, women react differently depending on their personality, past experiences, and the kind of abuse they face. Some may show signs of anxiety or depression, while others may appear emotionally stable despite their situation. Studies using psychological tests like the Minnesota Multiphasic Personality Inventory (MMPI) have identified several different patterns of how battered women cope and function, proving that each woman’s experience is unique. ⁹
“For many reasons, some battered women "tolerate" abuse for a period of time, in the sense that they make excuses or generate "understandable" reasons for it, or in some way come to believe that there is a "good" reason to give the batterer another chance to stop the violence. This "tolerance" may be explained as a function of the "cognitive dissonance"' created by living in an abusive relationship from which the battered woman is unable to extricate herself: she may attempt to resolve that internal struggle or "dissonance" by focusing on reasons to remain. The "tolerance" may also derive from a battered woman's prior experience of even more severe violence elsewhere.” ¹⁰
Numerous indicators of psychological distress including intense fear and terror, depression, grief, nightmares, flashbacks, anxiety, anger, difficulty concentrating, memory problems such as dissociation and amnesia, hyper vigilance, feelings of shame, lowered self-esteem, somatic complaints, sexual dysfunction, addictive behaviors, and other forms of impaired functioning have been documented as consequences of physical and sexual violence against women . Such psychological responses can arise immediately after an episode of violence or develop over time. While many of these symptoms are common among trauma survivors, they are not unique to victimization. ¹¹

A significant number of battered women meet the full diagnostic criteria for Post-Traumatic Stress Disorder (PTSD), which includes symptoms such as intrusive memories (nightmares, flashbacks), avoidance of reminders related to violence, and hyper arousal (difficulty concentrating, increased anger, and sleep disturbances). Furthermore, it is common for these women to exhibit symptoms of other mental health disorders, including depression and anxiety, often concurrently with PTSD. ¹²

Battered Women Syndrome in the legal context
Battered Woman Syndrome has significant implications in the legal system, particularly in cases involving self-defense. In situations where a woman kills her abuser, BWS can be used as part of the defense strategy to explain the psychological state of the defendant. The syndrome helps courts understand why a woman might believe that lethal force was the only way to protect herself, even if the immediate threat was not present at the time of the act.
Legal recognition of BWS has been a crucial development in ensuring that the justice system considers the complex realities of domestic abuse. However, the use of BWS in court is not without controversy. Critics argue that it can reinforce stereotypes of women as passive or helpless victims. Others express concern that BWS might be misapplied in cases where it does not fully explain the defendant’s actions.
Different research suggests that using BWS in court helps jurors to make a better decision in cases where the battered women kill their abusers and who have lived through long term abuse.Canadian psychologist, Regina Schuller and her colleagues spent years on researching about how jurors respond in cases where women are on trial for killing their partners and through series of experiment mainly through mock trials, they found that jurors were more likely to find mitigating circumstances (woman’s actions as understandable and sometimes even justified) when BWS was explained during the trial.Many lawyers who have used BWS testimony in real courtrooms have shared how it helped bring fairer outcomes for their clients often writing about these experiences in legal journals. ¹³
Expert testimony on BWS was admitted for the first time in a battered woman's homicide case in 1977. According to the appeals court in this case, expert testimony on battered woman syndrome was admissible because it "supplied an interpretation of the facts which differed from ordinary lay perception advocated by the prosecution that the battered woman could have gotten out of the relationship". Because potential jurors have been found to lack accurate knowledge about the dynamics of battering ; subscribe to myths and stereotypes of battered women, sanction the use of violence against women and blame the victim, it has been argued that viable self-defense claims on behalf of battered women are compromised. ¹⁴
The aim of expert testimony in “battered” women's homicide cases is to provide the jury with information about the nature of violent relationships and the psychological consequences resulting from repeated abuse. Specifically, expert testimony on battered woman syndrome is used to explain to the judge or jury how the experience of repeated abuse shaped a battered woman's perceptions and judgments, leading to her belief that she was at risk of imminent death or bodily injury (one of the requirements for self-defense), even though she might have committed the homicide at a time other than in the midst of a battering incident. The general purpose of expert testimony is to give jurors a cognitive schema or social framework within which complex and unfamiliar information can be organized, thereby placing the defendant's case within a larger theoretical framework. ¹⁵ 


Legal  and judicial recognition of Battered Woman Syndrome around the world 
Courts began recognizing the relevance of battered-spouse-syndrome evidence in criminal prosecutions in the late 1970s and early 1980s. BWS is not a legal defense in and of it, but may legally constitute, Self-defense, Provocation; insanity (usually within the meaning of the M’Naghten Rules); and Diminished responsibility.

In countries like the U.K, U.S.A, Canada, Australia, New Zealand, and Philippines, the doctrine of the Battered Woman Syndrome has gained legitimacy in psychological and legal spheres and is applied to defend those women survivors of domestic violence who are held guilty of killing their oppressors under the law. ¹⁶   

Canada
The first Canadian decision to admit BWS as  evidence was R v Lavallee, resulted in a powerfully worded decision written by Madam Justice Bertha Wilson which, inter alia, examined the gendered basis of the law of self-defence.The decision also set out clearly the issues which judges should cover in addressing the jury as to the relationship between BWS and self-defence. These included how the evidence might be used in understanding why an abused woman might remain in an abusive relationship, the nature and extent of the violence that may exist in a battering relationship, the accused’s ability to perceive danger from her abuser and thus whether she was responding to a reasonable apprehension, and whether the accused believed on reasonable grounds that she could not otherwise preserve herself from death or grievous bodily harm. ¹⁷

USA
In the United States, the legal system has taken significant steps to acknowledge the unique psychological experiences of battered women, particularly those who are forced to defend themselves against their abusers. Battered Woman Syndrome (BWS) emerged from the work of feminist lawyers and psychologists who recognized that the traditional understanding of self-defence failed to reflect the lived reality of women enduring long-term abuse. Rather than asking for special treatment, these advocates simply wanted women’s actions to be judged fairly with full awareness of what it means to live in constant fear and control. ¹⁸

Over the years, several states began formally recognizing BWS in their laws. Today, at least twelve U.S. states have statutes allowing expert testimony on BWS, especially in self-defence cases. Some go even further. For example, in South Carolina, such evidence can also support defenses like duress or necessity. Courts there even allow testimony about the abuser’s past violence to help juries understand what the woman may have been facing. These developments have made it easier for some women to tell their stories that previously would have been dismissed, misjudged, or misunderstood.Still, the journey is far from over. Critics have pointed out that even these laws can be limiting. In some states, BWS evidence is only allowed if the woman can already prove a basic case of self-defence  which means the door to justice is still closed for many.Moreover, the term “Battered Woman Syndrome” itself has come under fire. In a landmark 1996 federal review under the Violence Against Women Act, researchers concluded that the term was too narrow and even harmful. It made it sound like every survivor reacts the same way, or worse  that there’s something mentally wrong with her for staying, enduring, or reacting the way she did. ¹⁹

One of the most powerful turning points in recognizing the experiences of battered women within the U.S. legal system came with the case of State v. Kelly, 97 N.J. 178 (1984), the New Jersey Supreme Court ruled that expert testimony on Battered Woman Syndrome is admissible in a criminal trial where the defendant claims self-defence. The Court held that such testimony is relevant to explaining the defendant’s state of mind and assists the jury in assessing whether her belief in imminent danger was reasonable. The key legal principle established is that courts must balance the probative value of this expert evidence against any potential for unfair prejudice or jury confusion, but where the evidence aids the jury’s understanding of the defendant’s perception, it should be admitted. ²⁰

UK
In the UK, the idea of Battered Woman Syndrome hasn’t been nailed down as a specific legal rule, but courts have gradually come to understand how long-term abuse affects a woman’s mind and actions. Instead of officially calling it “BWS,” judges and lawyers tend to focus on the bigger picture, looking at expert testimony about how domestic violence shapes a person’s thoughts and feelings, especially when they’re pushed to the breaking point.

One of the most important cases is R v Ahluwalia from 1992. In cases of abused wives, the harmful act is often a result of a “slowburn” reaction, rather than immediate loss of self-control. The longer the delayed reaction of provocation and the stronger the evidence of deliberation, the less likely it becomes for the defence to succeed. At the time of the trial there was a medical report showing that at the time of the killing, the defendant was suffering from endogenous depression. It was overlooked and the appellant was not consulted as to the possibility of investigating it further. The appeal was therefore allowed and a retrial ordered.
Compared to the US, the UK doesn’t put a label on BWS itself. Instead, the law talks about things like “loss of control” or “diminished responsibility,” which cover similar ideas that people react differently when they’ve been hurt for a long time. Today, expert witnesses who explain what it’s like to live through abuse play a crucial role in helping juries truly get why battered women sometimes fight back in ways the law didn’t expect before.

Battered Women Syndrome : In the context of Nepal
In Nepal, Battered Woman Syndrome isn’t formally recognized in legislation yet, but the idea is slowly gaining ground in courts, especially in cases involving domestic violence. Although there isn’t a specific law that mentions BWS by name, the Supreme Court has started to acknowledge “Pratadit Mahila Manshikta” the Nepali term closely related to BWS. Judges are seen to be more open to consider the psychological impact of prolonged abuse on women when deciding  punishment which shows a growing awareness regarding battered women’s experiences. As mentioned before, Nepal doesn’t have a specific law or statutory provisions regarding Battered Woman Syndrome. The only statute that deals with wife battery in Nepal is the Domestic Violence (Offence and Punishment) Act, 2066 B.S and section 2(a) of the act has defined "Domestic Violence" as any form of physical, mental, sexual and economic abuse perpetrated by any person to the other person with whom he has a family relationship. The definition also covers acts of reprimand or emotional abuse. And the same act mentions what constitutes domestic violence , how the court must proceed in such cases and the punishment to the offender. According to the Act,Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may immediately lodge a written or oral complaint with the Police Office, National Women's Commission or Local body and the perpetrator must be produced within 24 hours of such complaint about the statement. The Act has mentioned that the person convicted of committing an act of domestic violence is to be punished with a fine of three thousand to twenty-five thousand rupees or six months of imprisonment or both. ²¹

As there is very close relationship between BWS and domestic violence and as mentioned before BWS is the result of prolonged period of domestic violence by husband/inmate partner. That is why this Act need to recognize and assimilate the jurisprudence of Battered Women Syndrome as it has not incorporated the provision to punish the crime relating to BWS.

Nepalese Courts and BWS: Landmark cases 
While Nepal does not legally define Battered Woman Syndrome as a defence, courts have acknowledged its relevance in several significant cases. A few major examples are presented below:

1.    HMG v. Doma Lameni
In Nepal, Battered Women syndrome for the first time was recognized by the supreme  court of Nepal, as a ground of mitigation for reducing the charge of Jyanmara to mitigated homicide through this case.In this case the deceased husband was a continual alcoholic and   He used to drink alcohol and beat his wife every day, used to threaten to kill her too, such situation each day was not bearable by Doma Lameni. On the day of incident, the deceased had beaten her, made wounding remarks, threatened to kill her and taunted her and at night  Doma Lameni decided to kill him while her husband was asleep to escape from every day’s torturous life  and eventually she, throttled him to death with a rope and the dead body was thrown in nearby junbesi river with the help of their son.

In this case the Supreme Court of Nepal stated: "where evidence of murderous enmity and intention to kill the victim was absent and killing was caused due to the frequent and repetitive beating, threat to kill and taunted the accused women by her violent alcoholic deceased husband. Therefore, the Punishment was reduced to 10 Years imprisonment as the lower Courts had opined on the above ground as per section 188 of the Chapter of “Court Management” of the National Code of 1963. In this regard the Battered Women Syndrome as one of the grounds of Mitigation for reducing Jyanmara to Mitigated homicide also in Nepal, which is recognized by the Supreme Court of Nepal". ²²

Here,the circumstances faced by Doma Lameni seem similar to the characteristics of BWS. However,  the Supreme Court didn’t use the exact term “ Battered Women Syndrome” but recognized such a situation as a mitigating factor in Homicide law.

2.    Lakshima Badi v. HMG

Laxmima a mother of 8 children who was living in poverty, had husband who used to drink alcohol each day and always quarreled with her and used to beat her from the time of marriage for the last 23 years .He did not take care of children and also did not fulfill the responsibility towards family. The night of the incident after Saku Badi(husband of lakshima badi) and Lakshima Badi had a fight, Lakshima Badi with their daughter went to a neighbor’s house to sleep but When everyone fell asleep, Lakshima Badi came back to her  home and killed her husband using sickle when he was asleep. She was charged to be punished according to Section 13(1) of Chapter on Homicide of National Code, 1963. Kailali District court convicted her according to 13(1) of Homicide of National Code, 1963 but by using Section 188 of Chapter on Court Management of National Code, 1963 reduced punishment for 12 years which was also agreed by Appellate Court of Dipayal. Supreme Court of Nepal in its verdict reduced punishment to 7 years stating the fact that defendant Lakshima Badi committed such crime after losing mental balance and such kind of feeling was emerged because of her husband’s repeated torture.

The Supreme Court of Nepal stated, "the situation and condition of BWS that punishing her of 7 years' jail term could be justifiable by considering her family condition, miserable condition of the defendant, having children and the undergoing the situation of begging for survival". ²³
 
BWS and Gap in Nepalese Legislation
In Nepal, there is no specific statutory provision that allows expert testimony like psychological assessments or medical examinations on Battered Woman Syndrome (BWS). This lack of legal recognition creates a significant gap, particularly in cases where battered women are compelled to commit acts of violence, often in self-defense or under extreme psychological duress. Although the Supreme Court of Nepal has recognized and acknowledged the psychological trauma experienced by abused women, this judicial recognition remains inconsistent and lacks the support of formal legislation.

The Muluki Criminal Code,2074 seems to be progressive in several aspects but it does not fully incorporate BWS as a legal defense. This omission makes it difficult for courts to provide meaningful relief to women who act in response to prolonged abuse, especially when their actions are not directed solely at the batterer. For instance, current defenses such as provocation or self-defense are narrowly applied and often require a direct, immediate threat from the abuser. These legal tools do not adequately cover situations where a battered woman may have harmed a third party involved in the abuse or acted during a lull in physical violence but still under psychological captivity. ²⁴

To bridge this gap, the criminal Code should be amended to recognize the psychological impact of sustained domestic violence, including PTSD, learned helplessness, and the complex emotional dynamics that prevent victims from escaping abusive relationships. By formally acknowledging BWS as a legitimate mitigating factor or even a standalone defense,the legal system would better reflect the lived realities of survivors and allow judges to apply the law with greater compassion and context.

Domestic violence is a root cause of Battered Women Syndrome as a woman suffers from domestic violence for a prolonged period of time due to her husband then she thinks that killing her husband is the only way to save her life and kills her husband. And this thinking is developed in her because of the syndrome developed over time due to the prolonged exposure of domestic violence  So the state should take its obligation to protect victims of battery and violence seriously. So, Domestic Violence (Control and Prevention) Act,2066 has to be amended as it is not women-friendly. Domestic violence issues have to be seen sensitively by the government and the court rather than privatizing such issues. When it comes to introducing laws on BWS,  Law should be introduced as a means of maintaining and enhancing social order and not as a means to entirely justify extra-judicial killings and promoting family violence. ²⁵

Moreover, integrating BWS into the statutory framework would be in line with the constitutional guarantee of a dignified life under Article 16 of the present Constitution of Nepal. Women subjected to years of violence deserve not just protection but understanding. Recognizing their trauma through legal means as it  is not about excusing violence; it is about ensuring that justice is responsive to lived experience and that dignity, as a fundamental right, is preserved even in the courtroom. ²⁶
 
Conclusion
In understanding Battered Woman Syndrome (BWS), it becomes evident that the intersection of law and psychology is crucial in delivering just outcomes for victims of prolonged abuse. While some jurisdictions have integrated this understanding into legal defenses, countries like Nepal still lag behind, risking the criminalization of trauma responses. And it is important to understand that Battered Women Syndrome(BWS)  is not a plea for pity; it is a plea for recognition that’s why legal systems must evolve to see trauma not as an excuse, but as evidence of the silent, ongoing war that is faced by many women within their own homes.