Cyber Crime Laws in Nepal

Published Date: 2023-01-27

Cyber Crime in Nepal | Cyber Crime Laws in Nepal | Cyber Crime Lawyer  in Nepal | Cyber Crime Law Expert in Nepal
 
What is Cybercrime?
 
  • Cybercrime is a crime relating to any illegal behavior committed by or in relation to a computer system or network, including such crime as illegal possession or distribution of information by means of a computer system or network. In short, cybercrime is a crime committed through cyber.
CYBERCRIME AND INTERNET CRIME: UNDERSTANDING
  • Unauthorized access to another's a computer, deleting data or jeopardizing the data, or destroying the computer by virtue, etc. can also be cybercrime.
  • And specifically in the case of internet crime, one has to use the internet as the medium E:g hacking, phishing, E: mail bombing, spam, etc. [note: internet crime is also cybercrime]
What makes cybercrime?
  • When there is the presence of the following:
  • illegal act
  • using computer
  • with or without internet
  • must have malafide intention
  • the harm caused to the property or life of the person.
What are the elements of cybercrime?
  • To prove one act as cybercrime: it requires the following elements:
  • Actus Reus (physical element)
  • Mens Rea (mental element)
  • Modus Operendi (computer,internet)
What is the emerging trend in cybercrime?
  • phishing
  • botnet attacks(robot)
  • voice over IP communication
  • cloud computing
  • not only methods but impacts also changed.
What are the major cybercrimes in Nepal?
  • IP theft and privacy
  • photo mutilation
  • imposter
  • email fraud for ransom
  • pornography
  • cyber bullying
  • forgery
  • online gambling
  • child trafficking
  • sexting, sextortion, etc.
What are the legal provisions of cybercrime in Nepal?
  • In Nepal, the Nepal Police have been using the Electronic Transactions Act 2063 (Hereafter referred ETA ) to regulate cybercrimes. Section 47 of the Act is the most used section to prevent cybercrime in Nepal. This section stipulates that if a person publishes or displays material against morals, etiquette, hatred, or malice on a computer, internet, and other electronic media, the culprit can be punished with a fine of 1 lakh rupees or imprisonment for up to 5 years or both.
 
  • Section 48 of the Act is also used customarily, which stipulates that if any person who has access to any record, book, register, correspondence, information, documents or any other material under the authority conferred under this Act or Rules framed hereunder divulges or causes to divulge confidentiality of such record, books, registers, correspondence, information, documents or materials to any unauthorized person, he/she shall be liable to the punishment with a fine not exceeding Ten Thousand Rupees or with imprisonment not exceeding two years or with both, depending on the degree of the offense.
What is the punishment provisioned by the law of Nepal relating to pirating, destroying, or altering computer source data?
  • As per the ETA, 2063 (section 44), if any person, knowingly or with malafide intention, pirates, destroys, alters computer sources code to be used for any computer, computer programmer, computer system or computer network or cause, other to do so, he/she shall be liable to the punishment with imprisonment not exceeding three years or with a fine not exceeding two hundred thousand Rupees or with both.
Is unauthorized access to computer materials, a cybercrime?
  • Unauthorized Acess is an offense punishable by law. If any person to have access to any program, information, or data of any computer, uses such a computer without authorization of the owner of or the person responsible for such a computer or even in the case of authorization, performs any act to have access in any program, information or data contrary to from such authorization, such a person shall be liable to the punishment with the fine not exceeding Two Hundred thousand rupees or with imprisonment not exceeding three years or with both depending on the seriousness of the offense.[Section 45, ETA 2063]
What are the provisions regarding damage to any computer and information system?
  • If any person knowingly and with a mala fide intention to cause wrongful loss or damage to any institution destroys, damages, deletes, alters, disrupts any information of any computer source by any means or diminishes value and utility of such information or affects it injuriously or causes any person to carry out such an act, such a person shall be liable to the punishment with the fine, not exceeding two thousand Rupees and with imprisonment not exceeding three years or with both.[Section 46, ETA 2063]
Is the publication of illegal materials in electronic form allowed?
  • No, it is not. If any person publishes or displays any material in electronic media including computer, internet which is prohibited to publish or display by the prevailing law or which may be contrary to public morality or decent behavior or any type of material that may spread hate or jealousy against anyone or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes and communities shall be liable to the punishment with the fine not exceeding One Hundred Thousand Rupees or with the imprisonment not exceeding five years or with both.[Section 47, ETA 2063] 
What are the provisions of the law of Nepal regarding computer fraud?
  • If any person, intending to commit any fraud or any other illegal act, creates, publishes, or otherwise provides a digital signature certificate or acquires benefit from the payment of any bill, the balance amount of any one's account, any inventory or ATM card in connivance of or otherwise by committing any fraud, amount of the financial benefit so acquired shall be recovered from the offender and be given to the person concerned and such an offender shall be liable to the punishment with a fine not exceeding one hundred thousand Rupees or with imprisonment not exceeding two years or with both.[Section 52, ETA2063] 
What is the punishment for a person who abets others to commit a computer-related offense?
  • If any person abuts another to commit an offense relating to computer under ETA Act or who attempts or is involved in a conspiracy to commit such an offense shall be liable to the punishment of a fine not exceeding fifty thousand Rupees or imprisonment not exceeding six months or with both, depending on the degree of the offense.[Section 53, ETA 2063] 
What is the punishment for an offence committed outside Nepal?
  • If any person commits any act which constitutes an offense under ETA Act and which involves the computer, computer system, or computer network system located in Nepal, even though such an act is committed while residing outside Nepal, a case may be filed against such a person and shall be punished accordingly. [Section 55, ETA 2063]

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