Cyber Crime and Legal Process in Nepal

(This article will help you to know all the information about the cyber-crime its consequences and the legal process of cyber cases in Nepal).

1.What is Cyber Crime?

Criminal activities conducted through digital means or the internet are referred to as cybercrime, involves illegal activities utilizing computer systems, networks, or digital technology to exploit vulnerabilities for financial gain, data theft, fishing, spam etc.

Two broad categories of cyber-crime:

1. crime that are facilitated by computers or the internet,
2. crimes against computers or computer system,

2. Governing laws for cyber-crime in Nepal

Cyber law, also known as Internet or IT law, encompasses legal principles governing internet and digital technology use. It addresses issues like online activities, e-commerce, data protection, intellectual property, and privacy in the digital realm.

Electronic Transactions Act, 2063 is the major governing law against cyber-crime in Nepal. Beyond this, other governing laws are;

• Constitution of Nepal, 2072
• Muluki Penal Code, 2074
• Copyright Act, 2002,
• Individual Privacy Act, 2018
• The Patent, Design and Trademark Act, 1965

3. Different types of Cyber-Crimes

Hacking: 

Fraud Calls/eMails:

Identity Theft: 

Child pornography: 

Piracy or Theft: 

Cyber Stalking:

Cyberbullying

Phishing

Computer Vandalism:

Illicit online sales on the Dark Web

3. Cyber-Crime under Muluki Criminal Code, 2074

In Muluki Criminal Code, 2074, under Offences against Individual Privacy, some cyber related criminal activities are mentioned along with the punishment. Detailed mentioned offences are as below;

a. Unauthorized listening or recording of others’ conversations:

Unauthorized use of a mechanical device to listen to or record conversations between individuals is prohibited without the permission of the competent authority or the consent of those involved.

Imprisonment: not exceeding 2 years

Fine: not exceeding Rs.20,000/- or both

b. Taking or disfiguring photos of any person without consent:

Take or create photographs of someone without their consent, including combining their photograph with others without permission.

Imprisonment: not exceeding 1 year

Fine: not exceeding Rs.10,000/- rupees or both

Creating a distorted photograph by blending parts of one person’s photo with parts of another person’s photo or by any other means and publishing such distorted photographs.

Imprisonment: not exceeding 2 years

Fine: not exceeding Rs.20,000/- or both

c. Selling or giving one’s photograph to another:

Selling or giving one’s photograph to another, without consent, and publishing, publicizing, or selling the photograph with the intention of causing annoyance, disturbance, or commercial exploitation.

Imprisonment: not exceeding 3 years

Fine: not exceeding Rs.30,000/- or both

d.Opening letters or tapping telephone conversation:

Unauthorized opening of letters or tapping phone conversations without permission from the competent authority or the individual involved

Imprisonment: not exceeding 2 years

Fine: not exceeding Rs.20,000/- or both

e. Breaching privacy through electronic means:

Unauthorized access, acquisition, or transfer of electronic communications, notices, or information that violates privacy is strictly prohibited.

Imprisonment: not exceeding 2 years

Fine: not exceeding Rs.20,000/- or both

deceitfully making phone calls or transmitting messages:

Deceitfully making phone calls or transmitting messages to avoid, deceive, annoy, or trouble another person is strictly prohibited.

Imprisonment: not exceeding 2 years

Fine: Not exceeding Rs.20,000/-

4.Legal Process for Cyber-crime cases in Nepal

The complaint or the First Information Report (FIR) for cybercrimes can be filed in different authority under the Electronic Transaction Act (ETA) with the help of Cybercrime Lawyers in Nepal Currently, the power to register and investigate cybercrime complaints lies with basic two entities:

A) The Cyber Crime Bureau

B) The Cyber Crime Division of Nepal Police/Police Station, and

C) District Court of Nepal

A. Process for complaint filing for Cyber-Crime Cases in the Cyber Bureau

The procedure for filing a complaint for cyber related crimes at the Cyber Bureau generally involve these steps:  

To be noted: Cyber Bureau email address; [email protected]

B. Process for complaint filing for Cyber-Crime Cases in the Crime Division of Nepal Police/Police Station

Another way to file complaint related to cyber-crime is in the Crime Division of Nepal Police is another complaint addressing authority of Nepal which comes under Electronic Transactions Act.

Complaint is filed at the Cyber Crime Division of Nepal Police or the police station and the case will be subsequently transferred to the Cyber Bureau. Some steps involved are;

Step 1:         The applicant needs to visit the police office himself/herself  in order to file for a complaint.

Step 2:         The officer provides the applicant an application form for  filling up the details of the cyber                                      related  incident.

Step 3:         Applicant must write the complaint by themselves (which must include all the detailed                                               information of the cyber incident such as date, time and the name of the suspect if  known any.

Step 3:         Application/complaint is filed along with the available  evidence such as screenshots, emails, chat                        logs or any other relevant digital evidence.

Step 4:         Upon receiving the complaint, the authority conducts an  investigation and address any                                             uncertainties before registering the case.

Step 5:         The authority records the complaint upon the completion of  all investigation procedure.

Step 6:         Depending upon the severity of the cyber-crime, findings  from investigation and evidence                                        collection, the authority  transfers the complaint to the Cyber Bureau for further                                                            investigation.

C. Court Process for Cyber Crime Cases in Nepal; Cybercrime Lawyers in Nepal5. Punishment on Cyber Offences as per Electronic Transactions Act, 2063

The ETA encompasses regulations pertaining to electronic records, digital signatures, certificates, and network services, covering offenses related to computers in its entirety or in part. The punishment on such offences are as below;

Please contact us today itself if you are in search of cyber crime lawyers for defending your right and proving innocent for your cyber crime cases in Nepal  on +9779841933745 or email [email protected]

Disclaimer: All contains available here are for general information purposes. A proper legal solution always depends on your particular circumstances thus seek advice from an attorney who can provide assurances of the information contained herein and interpretation of it.  All liability with respect to actions taken on the basis of the site’s information is hereby expressly disclaimed.