What is Cybercrime?
Cybercrime refers to criminal activities carried out using computers, digital devices, or the internet. These crimes can target individuals, organizations, or governments and may involve theft, fraud, harassment, unauthorized access, data breaches, or disruption of services.
From a legal perspective, cybercrime is treated as a criminal offense under specific laws designed to address digital misconduct. It involves investigation, prosecution, punishment, and prevention based on legal provisions.
Legal Perspective of Cybercrime in Nepal:
In Nepal, the legal framework to regulate, prevent, and punish cybercrime is mainly provided by the Electronic Transaction Act (ETA), 2008 (2063 B.S.), along with its supporting Electronic Transaction Rules (ETR) and other related policies.
1. Electronic Transaction Act (ETA), 2008
- The ETA is the primary law governing cybercrime in Nepal.
- It recognizes the legal validity of electronic records, digital signatures, and online transactions.
- Sections 45–63 define cyber offenses and corresponding punishments. These include unauthorized access (hacking), damage to computer data, publication of obscene or illegal content, misuse of passwords, identity theft, cyber fraud, and crimes against public morality and state security.
- Punishments include fines, imprisonment, or both, depending on the severity of the offense.
2. Electronic Transaction Rules (ETR)
- The Rules provide detailed procedures for the implementation of the ETA.
- They regulate certifying authorities (CAs), digital signatures, and management of electronic records.
- They also provide procedures for investigation, evidence collection, and security standards in cybercrime cases.
3. IT Policy of Nepal
- Nepal’s IT Policy (2000, revised in 2010, and updated later) provides a broader vision for building an information society.
- It emphasizes cybersecurity, data privacy, and legal measures to tackle online crimes.
- The policy supports the development of laws, institutions, and technical capacity to prevent cybercrime.
4. Cybercrime Investigation and Enforcement
- The Cyber Bureau of Nepal Police investigates cybercrime complaints such as hacking, phishing, social media harassment, online scams, and financial fraud.
- Cases are prosecuted under the ETA and, if applicable, under the Civil Code or Criminal Code.
- The Nepal government is also working toward aligning cyber laws with international standards (such as the Budapest Convention on Cybercrime, though Nepal is not yet a signatory).
Legal Classification of Cybercrime
Cybercrimes can be classified into three major categories from a legal standpoint:
- Crimes Against Individuals
- Identity theft
- Cyberstalking or harassment
- Cyberbullying
- Online defamation
- Unauthorized publishing of personal data
- Crimes Against Property
- Hacking
- Phishing and financial fraud
- Ransomware attacks
- Data breaches and intellectual property theft
- Crimes Against Government and Society
- Cyberterrorism
- Attacks on critical infrastructure
- Spreading fake news or inciting violence
- Espionage or data leaks
Legal Framework in Nepal for Addressing Cybercrime
Nepal addresses cybercrime mainly through the Electronic Transaction Act (ETA), 2063 (2006), which includes:
- Definition of offenses related to computers and digital platforms
- Punishments like fines, imprisonment, or both
- Provisions for investigating and prosecuting cybercrimes
- Recognition of digital evidence in courts
Additionally, cybercrime cases may also fall under:
- Muluki Penal Code, 2074 (2017) – for offenses like threats, defamation, or harassment
- Evidence Act, 2031 (1974) – which allows the use of electronic records and digital evidence
- Consumer Protection Act – for cases involving online scams and fraud
Role of Law Enforcement and Judiciary
- Cyber Bureau, Nepal Police – Investigates cybercrime complaints, seizes devices, gathers digital evidence, and arrests suspects.
- Judiciary (Courts) – Interprets cyber laws, conducts trials, and passes judgments based on evidence and legal procedures.
- Department of Information Technology (DoIT) – Supports policy implementation and digital safety initiatives.
Legal Processes in Handling Cybercrime
- Filing a Complaint – Victims or institutions report the incident to the Cyber Bureau.
- Investigation – Digital evidence is collected, preserved, and analyzed using forensic methods.
- Prosecution – Cases are filed in court under applicable legal provisions.
- Judgment and Penalty – Courts issue verdicts based on legal interpretation and evidence.
Challenges in the Legal Handling of Cybercrime
- Lack of updated cyber laws for modern threats (e.g., AI, deepfakes, cryptocurrency scams)
- Low awareness of digital rights among citizens
- Limited resources and expertise in digital forensics
- Cross-border issues that complicate jurisdiction and cooperation
Need for Stronger Legal Mechanisms
To effectively address cybercrime, Nepal requires:
- Updated legislation in line with global standards
- Training for law enforcement and judiciary in digital investigation
- Awareness programs for the public
- International cooperation for tackling transnational cybercrimes
