Cybercrime includes unauthorized access to computer systems, networks, or digital devices with the aim of manipulating, disrupting, or stealing sensitive information. It also covers the use of malicious software to encrypt a victim’s files or entire system. These activities involve a range of illegal actions that exploit weaknesses in computer systems, networks, and digital infrastructure.
Notification of Gazette on jurisdiction of Electronic Transaction cases published on 2080\03\11.
- Jurisdiction
-Previously only Kathmandu District Court was designated to initiate and disposal of cases related to the offenses of electronic transaction.
-Electronic Transaction Act, 2008, stated that Kathmandu District court shall have jurisdiction until the formation of an IT Tribunal.
– After publication of this notification, now onwards in all District Courts shall have jurisdiction to initiate and disposal of cases related to the offenses of electronic transaction occurring within their territorial area in accordance with Section 60 of this Act.
-All the sub-judice cases of such offenses shall be transfer to concerned district court.
2. Governing Laws
Cyber law, often referred to as Internet or IT law, covers legal principles related to the use of the internet and digital technologies. It deals with matters such as online conduct, e-commerce, data protection, intellectual property, and privacy in the digital space. The Electronic Transactions Act, 2063 (2008) is the primary legislation addressing cybercrime in Nepal. In addition to this, other relevant laws include:
- Constitution of Nepal
- Muluki Criminal Code, 2017
- Copyright Act, 2002
- Individual Privacy Act, 2018
- The Patent, Design and Trademark Act, 1965
- The Act Relating to Children, 2018
3. Offences under Electronic Transaction Act, 2008
A. Pirating, Destroying, or Altering Computer Source Code
Anyone who, with dishonest intent, illegally copies, damages, or modifies computer source code that must be maintained as is according to current laws, for use in any computer, program, system, or network, or who induces others to do so, will face the following penalties:
Punishment:-Imprisonment not exceeding 3 years and fine not exceeding 2 hundred Thousand Rupees
B. Unauthorized Access in Computer Materials
Anyone who, lacking lawful authority under this Act, its Rules, or applicable laws, discloses or facilitates the disclosure of confidential records, books, registers, correspondence, information, documents, or any other material accessed through the authority granted by this Act or Rules to an unauthorized person, will be subject to the following penalties:
Punishment: Imprisonment not exceeding 3 years and fine not exceeding 2 Hundred Thousand Rupees.
C. Damage to any Computer and Information System
Anyone who, intending to access a computer program, information, or data, uses the computer without the owner’s or responsible party’s permission, or who, even with permission, acts in ways that violate the terms of authorization, will be subject to the following penalties:
Punishment: Imprisonment not exceeding 3 years and fine not exceeding 2 thousand Rupees
D. Publication of illegal materials in electronic form
Anyone who disseminates or posts material on electronic media, such as computers and the internet, that is forbidden by existing laws, violates public morals or acceptable behavior, or incites hatred, jealousy, or endangers the harmonious relations among various castes, tribes, or communities, will face the following penalties:
Punishment: – Imprisonment not exceeding 5 years and fine not exceeding 1 Hundred Thousand Rupees
E. Confidentiality to Divulge
Anyone who, without proper authorization under this Act, its Rules, or relevant laws, reveals or enables the revelation of confidential records, books, registers, correspondence, information, documents, or any other material accessed through the authority provided by this Act or Rules to an unauthorized individual, will face the following penalties:
Punishment: – Imprisonment not exceeding 2 years and fine not exceeding 10 Thousand Rupees
F. Informing False Statement
Anyone who, aiming to obtain a license from the Certifying Authority under this Act or to gain favor with the Controller or secure a Digital Signature Certificate, deliberately hides or falsifies any information required to be submitted to the Certifying Authority, will be subject to the following penalties:
Punishment:-Fine: Imprisonment: Not exceeding 2 years and fine not exceeding 1 Hundred Thousand Rupees
G. Submission or Display of False License or Certificates
Any individual operating as a Certifying Authority without a license granted by the Controller under this Act will face the following penalties:
Punishment: Imprisonment of up to 2 years and fine up to one hundred thousand Rupees
Fine: Not exceeding one hundred thousand Rupees
Imprisonment: Not exceeding two years
H. Non-submission of Prescribed Statements or Documents
Any person responsible for submitting any statement, document, or report to the Controller or Certifying Authority under this Act or Rules framed hereunder, who fails to do so within the specified time limit, shall be liable to the following punishment:
Fine: Not exceeding 50 thousand Rupees.
Any individual who, without obtaining a license from the Certifying Authority, publishes or distributes a fake license or false statements about a license, or provides such information to others by any means, shall be subject to a penalty not exceeding one hundred thousand Rupees if the actions described in Sub-section (1) have not been carried out by that person.
Additionally, if someone knowingly issues or provides a certificate that is not authorized by the Certifying Authority mentioned in the certificate, or if the subscriber listed in the certificate has not accepted it, or if the certificate has been suspended or revoked, they will face the following penalties:Top of Form
Any person who fails to maintain duly any book, register, records, or account in a secured manner, as required under this Act or Rules framed hereunder, shall be liable to the following punishment:
Fine: Not exceeding fifty thousand Rupees.
I. Committing Computer Fraud
Anyone who, intending to commit fraud or engage in other illegal activities, creates, publishes, or otherwise issues a digital signature certificate, or benefits from fraudulent activities such as paying bills, accessing someone else’s account balance, inventory, or ATM card, either through collusion or other deceitful means, will be subject to the following penalties:
Punishment: – Imprisonment not exceeding 2 years and fine not exceeding 1 hundred thousand Rupees.
J. Cyber Crimes of Corporate Body
If an offense under this Act is committed by a corporate entity, it will be considered as having been committed by the person who was in charge of the corporate body at the time the offense occurred.
If it is demonstrated that the offense was committed with the consent, knowledge, or negligence of a director, manager, secretary, or any other responsible individual within the corporate body, both the corporate body and the individual(s) involved will be held accountable for the offense.
4. 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.
Punishment:-Imprisonment of not exceeding 2 years and 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.
Punishment:-Imprisonment of not exceeding 1 year and 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.
Punishment:- Imprisonment of not exceeding 2 years and 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.
Punishment:-Imprisonment: not exceeding 3 years and 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.
Punishment of Imprisonment: not exceeding 2 years and 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.
Punishment of Imprisonment: not exceeding 2 years and Fine: not exceeding Rs.20,000/- or both.
Deceitfully making phone calls or transmitting messages to avoid, deceive, annoy, or trouble another person is strictly prohibited.
Punihsment of Imprisonment: not exceeding 2 years and Fine: Not exceeding Rs.20, 000/-
Procedure to initiate case:-
Complaints or First Information Reports (FIRs) related to cybercrimes can be submitted to various authorities under the Electronic Transaction Act (ETA) with the assistance of Cybercrime Lawyers in Nepal. At present, the authority to file and investigate cybercrime complaints is primarily vested in two main entities:
- The Cyber Crime Bureau
- The Cyber Crime Division of Nepal Police/Police Station, and
- District Court of Nepal