Cyber Crime Laws in Nepal
Cybercrime is criminal activity that either targets or uses a computer, a computer network or a networked device. Most cybercrime is committed by cybercriminals or hackers who want to make money. Cybercrime can be carried out by individuals or organizations.
Different types of Cybercrime;
- Email and internet fraud.
- Identity fraud (where personal information is stolen and used).
- Theft of financial or card payment data.
- Theft and sale of corporate data.
- Cyberextortion (demanding money to prevent a threatened attack).
- Ransomware attacks (a type of cyberextortion).
- Cryptojacking (where hackers mine cryptocurrency using resources they do not own).
- Cyberespionage (where hackers access government or company data).
- Interfering with systems in a way that compromises a network.
- Infringing copyright.
- Illegal gambling.
- Selling illegal items online.
- Soliciting, producing, or possessing child pornography.
Understanding Cybercrime and Internet Crime
- 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?
Presence of the following activities makes cybercrime;
- illegal act
- using computer
- with or without internet
- must have malafide intention
- the harm caused to the property or life of the person.
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)
legal provisions of cybercrime in Nepal
Electronic Transactions Act 2063 (ETA) is in force to regulate cybercrimes in Nepal. Section 47 of this act is mostly used to prevent cybercrimes in Nepal
- In Nepal, Electronic Transactions Act 2063 (ETA) is in force 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.
