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Cybercrime is one of the fastest-growing threats in Nepal’s digital age, encompassing offenses that involve computers, digital networks, or internet platforms. Whether it's hacking, identity theft, cyberbullying, or data breaches, Nepal’s government has responded by creating and enforcing strict legal measures. This article provides a comprehensive guide to the punishments for cybercrime in Nepal under various governing laws, including the Electronic Transaction Act (ETA) 2063.
Understanding Cybercrime in the Nepalese Context
Cybercrime in Nepal refers to any criminal activity involving computers or the internet, targeting individuals, businesses, or institutions. These include:
Unauthorized access to digital systems
Online scams and financial fraud
Identity theft and impersonation
Data leaks and privacy violations
Cyberbullying and online harassment
Distribution of illegal or harmful digital content
Governing Laws Against Cybercrime in Nepal
Nepal has a combination of specific and general laws that cover cybercrimes. The most notable ones include:
Electronic Transaction Act, 2063 (ETA) – Primary cyber law that addresses digital crimes, evidence, and penalties.
Muluki Penal Code, 2074 – Contains provisions against online harassment and privacy violations.
Individual Privacy Act, 2018 – Protects digital identity and personal data.
Children’s Act, 1992 – Criminalizes the sharing of child pornography or exploitation online.
Copyright Act, 2002 – Addresses digital copyright violations.
Major Cybercrimes and Their Punishments in Nepal
Below is a breakdown of cyber offenses and legal consequences under the ETA and other laws:
| Offense | Imprisonment | Fine |
|---|---|---|
| Pirating, altering or destroying computer source code | Up to 3 years | Up to NPR 200,000 |
| Unauthorized access to computer materials | Up to 3 years | Up to NPR 200,000 |
| Damage to computer/information systems | Up to 3 years | Up to NPR 200,000 |
| Publishing illegal content (hate speech, pornography, etc.) | Up to 5 years | Up to NPR 100,000 |
| Breach of confidentiality | Up to 2 years | Up to NPR 10,000 |
| False information for digital signature/license | Up to 2 years | Up to NPR 100,000 |
| Submission or use of fake licenses/certificates | Up to 2 years | Up to NPR 100,000 |
| Committing fraud using digital means | Up to 2 years | Up to NPR 100,000 |
| Non-submission of statements/documents | N/A | Up to NPR 50,000 |
| Assisting in cybercrime | Up to 6 months | Up to NPR 50,000 |
Cybercrime Offenses Under Muluki Penal Code, 2074
Nepal’s general criminal code also includes cyber-related offenses under the category of privacy violations:
Unauthorized recording of conversations: Up to 2 years imprisonment or NPR 20,000 fine
Photo tampering or publication without consent: Up to 3 years imprisonment or NPR 30,000 fine
Unauthorized listening or letter interception: Up to 2 years imprisonment or NPR 20,000 fine
Electronic harassment: Up to 2 years imprisonment or NPR 20,000 fine
Corporate Liability in Cybercrime Cases
Under Nepalese law:
Companies can be held accountable for digital crimes committed under their systems.
Directors, managers, or other officers can be prosecuted if they knowingly consented to the illegal act.
Both the corporate body and the individuals involved can be penalized.
Common Cybercrime Trends in Nepal
With growing digital access, the following forms of cybercrime are on the rise:
Hacking social media and email accounts
Identity theft through fake profiles
Sextortion and blackmail using photos or videos
Online frauds via e-commerce or mobile wallets
Cyberbullying through messaging apps and social media
Emerging Technologies and Threats
Nepal is seeing newer forms of cyber threats through:
Phishing and spear phishing attacks
Botnets and malware
Voice-over-IP scams
Cloud-based data theft
Fake mobile apps and QR code frauds
Filing a Cybercrime Complaint in Nepal
If you’re a victim of cybercrime, here’s how to report it:
A. Cyber Bureau of Nepal Police
Email: [email protected]
File complaint with full evidence (screenshots, logs, chat history, etc.)
B. Crime Division of Nepal Police
Visit your nearest police station
Fill out a complaint form
Submit supporting digital evidence
C. District Court
For serious offenses or damages, complaints can also be escalated to the court with the help of a lawyer
Legal Process After Filing a Complaint
Complaint submission
Preliminary investigation by the Cyber Bureau
Evidence collection and verification
Arrest or notice to the offender (if identified)
Case registration and prosecution in District Court or IT Tribunal
Important Things to Remember
Cybercrime cases are public offenses – prosecuted by the Government of Nepal
Evidence is crucial – collect digital logs, conversations, screenshots
Don’t delay – timely reporting can prevent further damage or repeated offenses
FAQs
Q: Can I file a cybercrime case anonymously?
A: While anonymous tips may help, an official complaint requires your identity for legal proceedings.
Q: What evidence is needed to report cybercrime?
A: Screenshots, emails, chat logs, call records, and any supporting digital documents.
Q: Can I be punished for unknowingly forwarding illegal content?
A: Yes, depending on the impact and intent. It’s always best to verify content before sharing.
Q: Are cybercrimes committed abroad punishable in Nepal?
A: Yes, if the crime involves a Nepalese system or victim, Nepal’s jurisdiction applies.
Q: Can minors be punished for cybercrime?
A: Yes, although penalties may be modified under the Children’s Act depending on the age and severity.
Conclusion
Cybercrime is a pressing concern in Nepal’s digital environment. From privacy breaches to full-scale financial fraud, the legal framework under the Electronic Transaction Act and other related laws provides clear guidance on penalties and processes. As the digital landscape evolves, staying informed and reporting promptly can help protect your rights.
If you need assistance with reporting cybercrime, digital forensics, legal support, or document notarization, connect with expert legal support at Notary Nepal.
This article is for informational purposes only and does not constitute legal advice, advertisement, or solicitation. Notary Nepal and its team are not liable for any consequences arising from reliance on this information. For legal advice, please contact us directly.
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