Introduction
Cybercrime, characterized by illegal activities conducted through computer systems or networks, has become a growing concern in the digital age. Nepal, like many other countries, recognizes the importance of combating cyber threats and has established legal provisions to address cybercrimes effectively. This article delves into the various aspects of cybercrime in Nepal, including its definition, emerging trends, major offenses, and the legal framework in place to deter and punish offenders.
Understanding Cybercrime
Cybercrime encompasses a wide range of unlawful behaviors committed through computer systems or networks. It includes activities such as unauthorized access to computer systems, data manipulation, hacking, phishing, email fraud, cyberbullying, pornography, and more. The use of the internet as a medium for these criminal acts further qualifies them as internet crimes, which are also considered cybercrimes.
Elements of Cybercrime
To establish an act as a cybercrime, several elements must be present. These include the physical element (actus Reus), which refers to the actual action or conduct of the offender, the mental element (mens rea), which relates to the intention or knowledge of committing the offense, and the use of computer systems or the internet (modus operandi) as the means to facilitate the crime.
Emerging Trends in Cybercrime
The landscape of cybercrime is continuously evolving, with new methods and impacts emerging. Some of the emerging trends in cybercrime include phishing, botnet attacks, voice-over IP communication, and cloud computing vulnerabilities, and changing techniques used by offenders. Staying updated on these trends is crucial for effectively combating cyber threats.
Major Cybercrimes in Nepal
Nepal has witnessed various cybercrimes that pose significant risks to individuals and society. These include intellectual property theft, privacy breaches, photo mutilation, impersonation, and email fraud for ransom, distribution of pornography, cyberbullying, forgery, online gambling, child trafficking, sexting, and sextortion. Addressing these offenses requires a robust legal framework and proactive measures:
Legal Provisions of Cybercrime in Nepal
The Electronic Transactions Act 2063 is the primary legislation utilized by the Nepal Police to regulate cybercrimes. Section 47 of the Act is widely employed to prevent cybercrimes in Nepal. It states that individuals publishing or displaying material that goes against morals, etiquette, promotes hatred, or malice on computer systems, the internet, or other electronic media can be fined up to 1 lakh rupees or face imprisonment for up to 5 years, or both.
Section 48 of the Act is also frequently invoked, targeting individuals who disclose or cause the divulgence of confidential records, books, correspondence, or information obtained through authority conferred by the Act or its rules. Offenders may face fines not exceeding ten thousand rupees, imprisonment up to two years, or both, depending on the gravity of the offense.
Damage to Computer and Information Systems
Knowingly causing wrongful loss or damage to computer systems or information falls under section 46 of the ETA 2063. Offenders who disrupt, alter, delete, or diminish the value and utility of computer source information may face fines up to two thousand rupees, imprisonment for up to three years, or both.
Punishment for Piracy, Destruction, or Alteration of Computer Source Data
According to section 44 of the ETA 2063, individuals involved in the intentional piracy, destruction, or alteration of computer source code, intended for computer systems, programmers, or networks, may face imprisonment for up to three years, a fine not exceeding two hundred thousand rupees, or both.
Unauthorized Access to Computer Materials
Unauthorized access to computer programs, information, or data is a punishable offense in Nepal. Section 45 of the ETA 2063 outlines penalties, including fines not exceeding two hundred thousand rupees, imprisonment for up to three years, or both, based on the severity of the offense. This applies to unauthorized use of computers, even with or without authorization, and contrary to the terms of such authorization.
Publication of Illegal Materials in Electronic Form
Publishing or displaying prohibited materials in electronic media, including computers and the internet, is strictly prohibited in Nepal. Section 47 of the ETA 2063 imposes fines up to one hundred thousand rupees, imprisonment for up to five years, or both, for individuals involved in disseminating materials that contravene the prevailing law, jeopardize public morality, promote hate, or disrupt harmonious relations among different communities.
Computer Fraud Provisions
Individuals engaged in fraud or other illegal activities related to digital signatures, payment fraud, or unauthorized access to financial accounts may face penalties under section 52 of the ETA 2063. Offenders may be fined up to one hundred thousand rupees, imprisoned for up to two years, or both.
Abetment of Computer-related Offenses
Section 53 of the ETA 2063 addresses individuals who aid, attempt, or conspire to commit computer-related offenses. Those found guilty may face fines not exceeding fifty thousand rupees, imprisonment for up to six months, or both, depending on the seriousness of the offense.
Punishment for Offenses Committed Outside Nepal
Nepalese laws also extend their jurisdiction to offenses committed outside Nepal, as long as the offense involves computers, computer systems, or computer networks located within Nepal. Section 55 of the ETA 2063 empowers authorities to file cases against offenders residing outside the country, ensuring that justice can be pursued even if the crime originates beyond Nepal’s borders
Conclusion
The establishment of robust legal provisions in Nepal to combat cybercrime reflects the country’s commitment to ensuring digital security and protecting individuals from various forms of cyber threats. The Electronic Transactions Act 2063 serves as the primary legislative framework, with sections addressing offenses such as unauthorized access, data destruction, and publication of illegal materials, computer fraud, and abetment. By enforcing these laws, Nepal aims to create a safer digital environment for its citizens and safeguard the integrity of its information systems.
