1

Chapter: one

Introduction

1.1General Background

With the change in time and new discoveries in computer science, human life is no more

static existence. Advancement in information technology, networking and globalization has

forced us to remain wary of changes taking place in the world today.

The last few decades of twentieth century have witnessed the radical changes taking place,

both in our lifestyle and computer technology concomitantly. The change is so rapid that

we cannot use the same software for a long time due to the modification in the new version.

We use computer and internet for various purposes in our daily life but we are not aware

about cyber ethics and computer code of conduct. Using of internet is growing rapidly now

a day it is the positive development on IT. Encompass of the internet using in every corner

of the world contribute on the development of the various sectors like education, health,

communication, administration, economic etc. But in the same way misuse and misconduct

of the internet arise various problems, loss and accident on the same sector. Such

misconduct and misuse of computer and internet are regarded as cybercrime. Especially

commission of any activities prohibited by law by using computer or by targeting other’s

computer is known as cybercrime according to CIB Nepal.

Computer crime, or cybercrime, is any crime that involves a computer and a network. The

computer may have been used in the commission of a crime, or it may be the target.

Cybercrime is one of the important emerging issues of this modern era. Many people are

facing many kinds of problem because of cybercrime. Crime committed through computer

is not only the cybercrime but cybercrime include every criminal activities related with
 2

information technology. We do not regard minor misconduct of computer and internet like

copying, unauthorized transfer etc. but they are also crime and may have adverse effects.

Financial Crime, Cyber Pornography, Sale of Illegal Articles, Intellectual Property Crimes,

Cyber Stalking, Forgery, Cyber Defamation, Email Bombing, Salami Attacks, Virus

Attacks, and Internet Time Theft etc. are the major cybercrimes. Computer trespass, cyber

bullying, cyber heist, cyber terrorism, economic and industrial espionage, hacking, internet

homicide, internet suicide, internet war, online predator, white color crime, etc. are the most

challenging issues related to cyber offences. In case of Nepal cybercrime is one of the

newly emerging problems and cases of cybercrimes are increasing day by day. There are

also cyber laws to control such cybercrime. And various cyber code of conduct is declared

to avoid misconduct of computer. There is Electronic Transaction Act, 2063 (2006) and

Regulations are in place in Nepal to control the cyber business and to legalizing all

electronic transactions and digital signatures.

CIB and Nepal police is also playing vital role to control cybercrime and to aware the

people about cybercrime and to control over crime. Most of the youth and teenagers are

abused through internet in Nepal. Youth and teenagers are involved to commit those types

of crimes and misconduct of computer. So it is the concern of present youth and teenagers

also. Others minor crimes related to cyber are spreading so vastly that it’s too hard to

control over it. So, we can regard cybercrime as one of the emerging problem of Nepal.

1.2 Statement of Problems

Cybercrime can be regarded as computer-mediated activities which are either illegal or

considered illicit by certain parties and which can be conducted through global electronic

networks. In Nepal, this issue of cybercrime is evolving as a burning issue. There is Electronic
 3

Transaction Act, 2063 (2006) in Nepal to regulate cybercrime but it’s difficult to control

cybercrime. Following problems are identified during study for the seminar:

i. Are the existing law sufficient to address the cybercrime in Nepal

ii. Are we secure in electronic transactions

iii. Whether right of expression is secure with enforcement of cyber law

iv. Whether Nepal Government and Authorized bodies are playing effective role

1.3 Objectives of the Study

The major objectives of this study are as follows:

i. To present historical aspect of cybercrime in Nepal

ii. To study different acts and statutes formed in Nepal

iii. To examine policy and practice of Nepal Police and CIB regarding cyber crime

iv. To study effect, impact and preventive measures of cyber crime

1.4 Significance of the Study

This study has attempted to find about the real concept about cybercrime its meaning, its

effects its history and preventive measure. It is the mirror to show the actual situation of

cybercrime privileged in Nepal and loopholes of Nepalese law regarding cybercrime. It focuses

on those tiny and careless activities which have adverse effects. Also it covered the unethical

activities and practice regarding conduct of computer, internet, piracy and electronic transaction.

1.5 Limitation of Study

This study is limited to concept, types and effect of cybercrime, short history of

cybercrime and historical development of information technology trend in Nepal and Nepalese

law regarding cybercrime. It focuses on the problems and resolutions of cybercrime. It critically

analysis the provisions of Electronic Transaction Act, 2063 (2006) related to cybercrime.
 4

1.6 Review of Literature

Basically, this study is limited to broacher published by CIB, Nepal law review 2012

PowerPoint presentation of Nepal Police, prevalent statutes of Nepal, books, terms papers,

journals, precedent regarding cybercrime, crime branch and various articles available on various

internet sites.

1.7 Methodology of Study

This research is based on doctrinal and non-doctrinal method. Data are collected from

both primary and secondary sources mostly found on internet sites, broachers, books, journals,

article published, act and bylaws etc.

1.8 Organization of study

This research paper is organized into five chapters they are:

Chapter One: Introduction, it includes introduction of topic and methodology of study.

Chapter Two: Concept of cybercrime, it include meaning, types, nature, impact, recent trend of

cybercrime. It also includes preventive measures or method of cyber security and cyber ethics for

good conduct of computer.

Chapter Three: History of cybercrime, it include history of cybercrime in world context and

Nepalese context.

Chapter Four: Situation of cybercrime and prevailing laws in Nepal, it include situation of

cybercrime in Nepal, prevailing law for regulation cyber conduct and cyber transaction and about

monitoring bodies.

Chapter Five: Findings, Conclusion and Recommendation.

 5

Chapter: Two

Concept of Cybercrime

2.1 Concept of cyber

The term ‘cyber’ mainly indicates information technology. It has universal applicability to study.

It is closely associated with information sharing through computer in positive sense. In the same

way, if the information shares to all over the world in negative aspect that is called cybercrime is

prohibited by cyber law. The term ‘cyber law’ means the field of law dealing with computers and

internet, including such issues as intellectual property rights, freedom of expression and free

access to information.1

2.2 Meaning and definition cybercrime

The offence which take place on or using the medium of the internet is known as

cybercrimes. Cybercrime is a kind of crime that happens in cyberspace, in the world of computer

and internet. There are various terminologies of the cybercrimes that are not easy access to many

people because of the limited knowledge. If the persons do not have knowledge regarding the

cybercrime they can be victim of different types of cybercrime.

In general sense cybercrime is computer crime, it involves computer and network. In narrow

concept cybercrime is crime of computer conduct and internet. But in broader concept

cybercrime covers all types of crime involving computer and computer technology, network and

electronic transaction.

Offences that are committed against individuals or groups of individuals with a criminal

motive to intentionally harm the reputation of the victim or cause physical or mental harm to the

1
Shrestha, Shankar Kumar. Dictionary of law & justice, Kathmandu: Pairavi publication,2008
 6

victim directly or in directly, using modern telecommunication networks such as internet and

mobile phones. Such crimes may threaten a nation’s security and financial health too.2

Dr. Debarati Halder and Dr. K. Jaishankar define Cybercrimes as: "Offences that are

committed against individuals or groups of individuals with a criminal motive to intentionally

harm the reputation of the victim or cause physical or mental harm to the victim directly or

indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails,

notice boards and groups) and mobile phones (SMS/MMS)".

According to Donna Batten, "computer crime is the use of a computer to take or alter data

or to gain unlawful use of computers or services.”

Although the term cybercrime is usually restricted to describing criminal activity in

which the computer or network is an essential part of the crime, this term is also used to include

traditional crimes in which computers or networks are used to enable the illicit activity.3

Legally prohibited activities carried out by Internet, virtual reality, mobile phone, gadgets

ATM, software programs, technical cheating etc. falls under cybercrime. Hacking, pornography,

copyright infringement, espionage etc. are the main offences related to cybercrime. Cybercrime

have adverse effect on personal life and dignity of the people and financial sectors. Even it is the

issue of national’s security also. There are various types of cybercrimes and various methods to

committing these types of offences.

2.3 Classification of cybercrime4

2
Raut, Balaram. “An analysis of Cyber Crime from Conceptual Perspectives: Where is Nepal?.” Nepal Law
Review 37.24 (1&2, 2012): 255-269.
3
Belayneh, Beza. “Cybercrime’’. http://www.bezaspeaks.com. Visited on: April 2, 2015
4
Raut, Balaram. “An analysis of Cyber Crime from Conceptual Perspectives: Where is Nepal?.” Nepal Law
Review 37.24 (1&2, 2012): 255-269.
 7

Computer crimes encompass a broad range of activities. Generally it can be divided into

two categories:

I. Crimes that primarily target computer networks or devices e.g. Computer viruses, Denial-

of-service attacks, Malware etc.

II. Crimes that use computer networks or devices to advance other ends e.g. Cyber stalking,

Fraud and identity theft, Phishing scams etc.

2.4 Major types of cybercrime

There are various types of cybercrime. Some crimes are interrelated with each other also.

Most of them are committed through hacking and using various tricks. Some of the major crimes

are describe below.

I. Cyber Stalking, Bullying and Defamation

Cyber stalking is the crime of following and watching somebody over a long period on

internet in a way that is annoying or frightening.

Cyber bullying is the use of Information Technology to harm or harass other people in a

deliberate, repeated, and hostile manner.

And Cyber Defamation is the act of damaging somebody’s reputation by publishing

Slander matters through internet website, social networks and by sending email.

II. Fraud and Financial Crime

Act of doing fraud through misconduct of computer it cause financial harm also. Fraud

on banking and transaction, Salami attack ATM fraud, credit card misconduct, economic and

industrial espionage, theft, illegal exchange of foreign currency etc. involving computer and

network are the fraud and financial crime. Making fraud documents and other fraud activities

also can be committed through computer or network.

 8

III. Cyber Espionage

Cyber spying, or cyber espionage, is the act or practice of obtaining secrets without the

permission of the holder of the information (personal, sensitive, proprietary or of classified

nature), from individuals, competitors, rivals, groups, governments and enemies for personal,

economic, political or military advantage using methods on the Internet, networks or individual

computers through the use of cracking techniques and malicious software including Trojan

horses and spyware.

IV. Cyber Pornography

Cyber pornography is the act of using computer, internet and other appliances to create,

display, distribute, import, or publish pornography or obscene materials. Many people are

become victim of this crime unknowingly. This is the issue of violation of fundamental rights

also. Sexual harassment and child pornography are also the part of obscene. And children can be

abused through porno images, videos, in real life also.

V. Sales of Illegal Articles

This include sale of narcotics, weapons and wildlife etc., by posting information on

websites, auction websites drug trafficking, and bulletin boards or simply by using email

communication.

VI. Forgery

Counterfeit currency notes, postage and revenue stamps, mark sheets etc. can be forged

using sophisticated computers, printers and scanners. These are made using computers, and high

quality scanners and printers. This type of crime has been common in this present time. Forgery

is used especially for the making of fraud document like certificate, mark sheet, etc. so this is the

main issue also. It gives plus point for the terrorist also to make fraud citizenship and passport.
 9

VII. Cyber Terrorism

Cyber terrorism is the politically motivated use of computers and information technology

to cause severe disruption or widespread fear. It is the use of Internet based attacks in terrorist

activities, including acts of deliberate, large-scale disruption of computer networks, especially of

personal computers attached to the Internet, by the means of tools such as computer virus.

VIII. Online Gambling

There are millions of websites; all hosted on servers abroad, that offer online gambling.

In fact, it is believed that many of these websites are actually fronts for money laundering.

IX. Intellectual Property Crimes

These include software piracy, copyright infringement, trademarks violations, theft of

computer source code etc. this is also common crime in these days. Software piracy is major

problem for this time in every computer every individuals and organization are using hacked and

cracked computer programs. Illegal copying of book, ideas, concept and articles, illegal

download of music, films and videos, Illegal publication and manufacturing are the major crime

related to this crime.

X. Cyber Welfare

Cyber warfare is politically motivated hacking to conduct sabotage and espionage.

Especially Cyber welfare is related national issue. This is just like cyber terrorism but it is bit

different cyber terrorism is done for harm but cyber welfare done to know or theft important

information, plans and policy of another country.

XI. Email spoofing and bombing

A spoofed email is one that appears to originate from one source but actually has been

sent from another source.

 10

An email bomb is a form of net abuse consisting of sending huge volumes of email to an

address in an attempt to overflow the mailbox or overwhelm the server where the email address

is hosted in a denial-of-service attack.

XII Cyber heist and virus attack

Cyber heist is the computer crime committed by bypassing the antivirus security software

and use social engineer to coax information out of their victim or they can

simply wait for the employees to click on something in their computers. When an employee

clicks on something in their computers, the criminals get access to the computer. They then hack

into the network and put key loggers on accounting systems. In time the cyber criminals are able

to obtain password and keys information. An organization’s bank accounts can then be accessed

via the information they have stolen using the key loggers.

Bypass computer virus through email and other source intentionally to harm other’s

computer is known as virus attack.

2.5 Modern Trend in Cyber Crime

New trends in cybercrime are emerging all the time, with costs to the global economy

running to billions of dollars.

In the past, cybercrime was committed mainly by individuals or small groups. Today, we are

seeing criminal organizations working with criminally minded technology professionals to

commit cybercrime, often to fund other illegal activities. Highly complex, these cybercriminal

networks bring together individuals from across the globe in real time to commit crimes on an

unprecedented scale.

The crimes themselves are not necessarily new – such as theft, fraud, illegal gambling, and sale

of fake medicines – but they are evolving in line with the opportunities presented online and
 11

therefore becoming more widespread and damaging. It is progressive as progressive innovations.

Concept and methods of committing these types of crime are also changing according to change

in information technology and electronic transaction. Internet homicide, internet suicide, internet

war, online predator, malicious software, etc. are new concept of cybercrime. White color crime

are also increasing day by day just because of change come in information technology. Most of

the financial transactions like online shopping, online gambling, online service, online payment

and transfer etc. involve computer and network.

2.5.1 Some of the new concepts of cybercrime are listed below:

i. Internet homicide

Internet homicide refers to a killing in which victim and perpetrator met online, in some

cases having known each other previously only through the Internet. Also Internet killer is an

appellation found in media reports for a person who broadcasts the crime of murder online or

who murders a victim met through the Internet.

ii. Internet suicide

An Internet suicide pursuant to a cyber-suicide pact, which is a suicide pact made

between individuals who meet on the Internet.

iii. Online predator

The concept online predators are child sexual abuse crimes that begin or take place on the

Internet.

iv. Malicious software

Malware, short for malicious software, is any software used to disrupt computer

operation, gather sensitive information, or gain access to private computer systems. It can appear
 12

in the form of code, scripts, active content, and other software. 'Malware' is a general term used

to refer to a variety of forms of hostile or intrusive software.

2.6 Various offences/act and nature of cybercrime

Cybercrime is known to all over the world as a crime committed through internet. It is,

nowadays, becoming a serious matter of concern all over the world. There are various methods

and technique to commit cybercrime. Act done by involving such methods and technique are

cyber offences. Some of the major offence and natures are listed below:

I. Hacking/Illegal access (unauthorized access to data in a system or computer)

II. Extortion through Fake Email ID, Facebook, web sms

III. Crime committed through mobile sending SMS/MMS

IV. Crime committed through Voice Over Internet Protocol (VoIP)

V. Crimes committed through ATM Card of Bank

VI. Phishing scam

VII. Illegal interception (by technical means of non-public transmissions of computer data to,

from or within a computer system)

VIII. Data interference (unauthorized damaging, deletion, deterioration, alteration or suppression

of computer data)

IX. Systems interference (interfering with the functioning of a computer system by inputting,

transmitting, damaging, deleting, deteriorating, altering or suppressing computer system)

X. Misuse of devices

XI. Theft of computer source code

XII. Illegal publication

XIII. Providing wrong information and computer fraud

 13

XIV. Illegal copying and transferring intellectual property

XV. Sexting and many more

XVI. Violation of privacy

XVII. Data diddling (Altering data)

XVIII. Triggering programs at events. (Logic bombs)

XIX. Unauthorized programs (Trojan attack)

XX. Stealing control over websites (Web jacking) etc.

2.7 Targets of cybercrime

I. Individual

Cyber-crime target individual to harm them in the form of cyber stalking, IP crimes,

distributing pornography, Computer vandalism, Transmitting virus, unauthorized access,

trafficking, Internet time thefts unauthorized information etc.

II. Property

Property can be rob or steal through computer and internet also. In this case they siphon

off Money from another’s account, misuse of credit card to make numerous purchases online,

illegal transfer of money, ATM fraud, etc.

III. Company and Organization

Company and Organization is also being major victim of cybercrime. Espionage of

Company and organization, Unauthorized access/control, Cyber heist, Salami attack,

Distribution of pirated software etc. are the crime effecting company and organization.

IV. Government and as a whole society

Crimes against a government are referred to as cyber terrorism and cyber welfare. In this

category, criminals hack government websites, military websites or circulate propaganda. The
 14

perpetrators can be terrorist outfits or unfriendly governments of other nations. Obviously these

types of crime effect society also. And some of the crimes like cyber pornography, fraud,

online theft, Polluting the youth through indecent exposure, trafficking, Sales of illegal articles,

Online gambling, Forgery etc. may create social disorder.

2.8 Impact and effects of cybercrime

Cybercrime is a term that covers a broad scope of criminal activity using a computer.

Some common examples of cybercrime include identity theft, financial fraud, web site

defacements and cyber bullying. At an organizational level, cybercrime may involve the hacking

of databases and theft of intellectual property or confidential information. Many users think they

can protect themselves, their accounts, and their computers at home with just anti-spyware and

anti-virus software. At work, many employees believe that the organization will provide all the

protection needed, so they think they don’t need to be concerned about their cyber-activity.

Cyber criminals are becoming more sophisticated and they are targeting consumers as well as

public, private and state organizations. Therefore, additional layers of defense are needed. Some

of the major impacts of cybercrime are listed below:

I. The loss of intellectual property and sensitive data.

II. Great loss on business and financial institution

III. Loss of individual property

IV. Impact on sovereignty

V. Opportunity costs, including service and employment disruptions

VI. Damage to the brand image and company reputation.

VII. Personal defamation and violation of privacy and confidentiality

VIII. The loss of trade and competitiveness.

 15

2.9 Preventive measures or combating methods of cybercrime/ Cyber security

1. Use Strong Passwords

Use different user ID / password combinations for different accounts and avoid writing

them down. Make the passwords more complicated by combining letters, numbers,

special characters (minimum 10 characters in total) and change them on a regular basis.

2. Secure your computer

o Activate your firewall

Firewalls are the first line of cyber defense; they block connections to unknown

or bogus sites and will keep out some types of viruses and hackers.

o Use anti-virus/malware software

Prevent viruses from infecting your computer by installing and regularly

updating anti-virus software.

o Block spyware attacks

Prevent spyware from infiltrating your computer by installing and updating anti-

spyware software.

3. Be Social-Media Savvy

Make sure your social networking profiles (e.g. Facebook, Twitter, YouTube, MSN, etc.)

are set to private. Check your security settings. Be careful what information you post

online.  Once it is on the Internet, it is there forever!

4. Secure your Mobile Devices

Be aware that your mobile device is vulnerable to viruses and hackers.  Download

applications from trusted sources.

 16

5. Install the latest operating system updates

Keep your applications and operating system (e.g. Windows, Mac, and Linux) current

with the latest system updates. Turn on automatic updates to prevent potential attacks on

older software.

6. Protect your Data 

Use encryption for your most sensitive files such as tax returns or financial records, make

regular back-ups of all your important data, and store it in another location.

7. Secure your wireless network

Wi-Fi (wireless) networks at home are vulnerable to intrusion if they are not properly

secured. Review and modify default settings. Public Wi-Fi, a.k.a. “Hot Spots”, is also

vulnerable. Avoid conducting financial or corporate transactions on these networks.

8. Protect your e-identity

be cautious when giving out personal information such as your name, address, phone

number or financial information on the Internet. Make sure that websites are secure (e.g.

when making online purchases) or that you’ve enabled privacy settings (e.g. when

accessing/using social networking sites).

9. Avoid being scammed

Always think before you click on a link or file of unknown origin. Don’t feel pressured

by any emails. Check the source of the message. When in doubt, verify the source. Never

reply to emails that ask you to verify your information or confirm your user ID or

password.  

10. Call the right person for help

don’t panic! If you are a victim, if you encounter illegal Internet content (e.g. child
 17

exploitation) or if you suspect a computer crime, identity theft or a commercial scam,

report this to your local police. If you need help with maintenance or software

installation on your computer, consult with your service provider or a certified computer

technician.5

2.9.1 Cyber ethics for good computer conduct

Ethics refers to the morality and good behavior. Cyber ethics refers to the ethical

computer conduct which means use of computer and network in good manner, without harm

others and all in all in legal way. We have right to conduct computer and use network with this

we have duty to conduct in legal way. 10 commands of computer ethics are listed below:

I. Thou shalt not use a computer in ways that may harm people.

II. Thou shalt not interfere with other people's computer work.

III. Thou shalt not snoop around in other people's computer files.

IV. Thou shalt not use a computer to steal.

V. Thou shalt not use a computer to bear false witness

VI. Thou shalt not copy or use proprietary software for which you have not paid.

VII. Thou shalt not use other people's computer resources without authorization or

proper compensation.

VIII. Thou shalt not appropriate other people's intellectual output.

IX. Thou shalt think about the social consequences of the program you are writing or the

system you are designing.

X. Thou shalt always use a computer in ways that ensure consideration and respect for

your fellow human.

5
www.wikipedia.org/wiki/preventive measures on April 10, 2015
 18

Chapter: Three

History of cyber crime

3.1 History of cybercrime in world context

In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the loom.

This device allowed the repetition of a series of steps in the weaving of special fabrics. This

resulted in a fear amongst Jacquard's employees that their traditional employment and livelihood

were being threatened. They committed acts of sabotage to discourage Jacquard from further use

of the new technology. This is the first recorded cybercrime.6

In 1983, a nineteen-year-old UCLA student used his PC to break into a Defense

Department international communications system.

One of the highest profiled banking computer crime occurred during a course of three

years beginning in 1970. The chief teller at the Park Avenue branch of New York's Union Dime

Savings Bank embezzled over $1.5 million from hundreds of accounts.

Concept of cybercrime was developed even from prior 1990s but word cybercrime was

not much familiar. Less number of crimes was committed relating to cybercrime. When

computers and networks came into being in the 1990s, hacking was done basically to get more

information about the systems. As a result, many networks were affected and espionage from the

military to commercial organizations. As hackers became more skillful, they started using their

knowledge and expertise to gain benefit by exploiting and victimizing others. After 2000s

cybercrime has skyrocketed cases of cybercrime increase in numerous way.

There is popular case of cybercrime of Edward Snowden which is the best example of

cybercrime. He has charged for Theft of government property, unauthorized communication of

6
Belayneh, Beza. “History of Cyber Crime’’. www.bezaspeaks.com. Visited on: April 19, 2015.
 19

national defense information, and willful communication of classified intelligence to an

unauthorized person.

Edward Joseph "Ed" Snowden is an American computer professional who leaked

classified information from the National Security Agency (NSA), starting in June 2013. A

former system administrator for the Central Intelligence Agency (CIA) and a counterintelligence

trainer at the Defense Intelligence Agency (DIA), he later worked for the private intelligence

contractor Dell inside an NSA outpost in Japan. In March 2013, he joined the consulting firm

Booz Allen Hamilton inside the NSA center in Hawaii. In June 2013, he came to international

attention after disclosing to several media outlets thousands of classified documents that he

acquired while working as an NSA contractor for Dell and Booz Allen Hamilton. Snowden's

leaked documents revealed numerous global surveillance programs, many of them run by the

NSA and the Five Eyes with the cooperation of telecommunication companies and European

governments. A subject of controversy, Snowden has been variously called a hero, a

whistleblower, a dissident, a traitor, and a patriot. His disclosures have fueled debates over mass

surveillance, government secrecy, and the balance between national security and information

privacy. Two court rulings since the initial leaks have split on the constitutionality of the NSA's

bulk collection of telephone metadata.

On May 20, 2013, Snowden flew from Hawaii to Hong Kong, where in early June he

revealed numerous classified NSA documents to journalists Glenn Greenwald and Laura Poitras,

both of whom he had summoned to Hong Kong for that purpose. On June 9, four days after the

press first exposed a secret NSA program based on his leaks, Snowden made his identity public.

On June 14 the U.S. Department of Justice charged him with two counts of violating the
 20

Espionage Act and theft of government property, punishable by up to 30 years in prison. The

U.S. Department of State revoked his passport on June 22.

3.2 Nepalese context

Nepal entered into the ICT era only in 1970s. Nepalese started to use Internet from 1993.

So in context of Nepal there is no long history of cybercrime. But in present time cybercrime has

become vital and challenging issue of Nepal. Various cases related to cyber offences are

recorded in Nepal police. Crimes and criminals are increasing day by day. Prior of 2004 offences

related to cyber was deal by public offence act later on electronic transaction act was passed on

2004 and come into force from 2006 as The Electronic Transaction Act,(2063) 2006. This act is

known as cyber law of Nepal. But most of the Nepalese are unknown about this law. Other laws

like Digital signature Act 2011, Banking offences Act 2007, Crime and Punishment Act 1970

etc. also have provision relating to cybercrime.

In these days various cases of cybercrime are registered in court also. Criminals are

arrested by Nepal police and news relating to cybercrime is broadcasted through media.
 21

Chapter: Four

Situation of cybercrime and prevailing laws in Nepal

4.1 Cybercrime in Nepal

Nepal is underdeveloped country. Nepal is not forward in technology in comparison to

others developed country. However it is not forwarded in information technology sector, there is

numerous uses of the computer and internet for various purposes. Now business and financial

institutions, offices, organizations, schools, etc. depend on information technology. Individual

are also dependent on information technology. Most of the people are using internet through

Various medium in their daily life. All aspects of human activity like communication, trade,

culture, education, entertainment, and knowledge. Most of the people especially youth and

teenagers are involve in social network. So With the large development of Information

Technology the criminal activities are also increasing. News relating to cybercrime likes ATM

fraud, illegal telecommunication, many threat and extortion e-mails, and mutilation girl image

and pasted on the porno site, software piracy, etc. are not new in Nepalese context. Electronic

transaction act 2006 is the regulating law for cybercrime. Nepal police and CIB are also playing

vital role for the control of cybercrime.

Nepali people are not much aware about cybercrime. Not even related authorities are not

serious about cybercrime. Individuals and even government organization are using pirated CDs

of software available on footpath and DVDs shop. We can find hacked and cracked software

program on every computer. Government and authorized body are not concerning on this issue

and even it is hard to control. People are also unknown about the law also. Nepal police and CIB

are playing active role to control these type of crime. Really they are much more concern on this

matter.
 22

4.2 Types of cybercrime complaints on crime branch

I. Many threat and extortion e-mails

II. Many renowned companies received spam mails from proxy hot mails, yahoo, G-mail

demanding money on the name of mainly insurgents groups and so called armed groups.

III. Hacking of newspaper's website by replacing the original content with threat Attack.

IV. Mutilation girl image and pasted on the porno site

V. Copy cats of intellectual properties

VI. Crime committed through mobile sending SMS/MMS

VII. Crime committed through Voice over Internet Protocol (VoIP)

VIII. Involvement of foreigners in VoIP

IX. Crimes committed through ATM Card of Bank

X. Phishing scam and illegal publication

4.3 Some of the major cases registered in the Kathmandu district court

In Nepal only Kathmandu district court has jurisdiction to deal and decide the case of cyber

offences. The charge sheet of applicant should submit to the Kathmandu district court and court

proceeds the trail. Some of the cases registered in Kathmandu district court are:7

I. Defamation

Sapana Thapa vs. Bidhur Prashad Bhatta

The defendant was caught by police on 2069/5/17 and the charge sheet of this case is

submitted at the Kathmandu district court on 2069/6/11. The charges are that the defendant used

the email id to create Facebook and uploaded the sexual video clips and send vulgar message to

7
Raut, Balaram. “An analysis of Cyber Crime from Conceptual Perspectives: Where is Nepal?.” Nepal Law
Review 37.24 (1&2, 2012): 255-269.
 23

applicant husband by claiming her character and tries to destroy the spousal life. The defendant

has also sent the message to others in different names.

Applied Law: Sections 47(1) and 76 of the electronic transaction Act, 2006

Police vs. Kirtan Pokhrel

The charge sheet were submitted in the Kathmandu district court on 2069/6/2 and the

major charges were that the defendant created event called bunga bunga and advertised it in the

Facebook by asking to pay 2000 euro and to get service of girl aged from 10 to 17. Such kind of

act can create the situation of sexual exploitation and to use this age of girl for such activities is

also illegal. The New Zealand police found it in sites and it requested to find out it and later

Nepal police involved in this matter and the case came into light.

Applied Law: Sections 47(1) and 76 of ETA

Maya rai (Disguised name of the victim) vs. Tika Bahadur Magar and two others

The defendant and his two friends captured the naked photo of applicant and blackmailed

to her and terrorized her by saying that if she does not their demand they will disseminate the

picture all over the world. Applicant later complaint it to the police and police took charge of the

case.

Applied Law: Section 47(1) of ETA

II. Obscenity

Government of Nepal vs. Ravi Kumar Kesari

The charge sheet of this case was submitted to Kathmandu district court in 2069/6/3 and

the major charge against the defendant where that the defendant had uploaded the video clip of

sexual content in different sites which violate the moral and social law this kind of activities can
 24

create the situation of confrontation between different caste and communities and this kind of act

has make difficulties for the women.

Applied Law: Section 46, 47(1) and 76 of ETA

Sadikshya Piya vs. Manish Shrestha

The charge sheet of this case was registered at Kathmandu district court on 2069/1/20 and the

case was of hacking of password and uploading naked photo by defendant. The act to hack

others password is illegal and it is prohibited by law and the criminal has this method and

uploaded the naked photo of victim which creates difficulties for her in life.

Applied Law: Section 44 and 47 of ETA

III. Political criticism

Police Government vs. Basu Acharya

The charge sheet was registered at Kathmandu district court on 2069/5/26. The major

charges were that the defendants sent the email which has content of abused and terrorized text

in order to spread terror and fear in public. Then try to spread hatred speeches to different

professionals and political leaders in order to fulfill their personal purpose.

Applied Law: Section 47(1) and 76 of ETA

IV. Cyber bullying (women)

Maina Dhital vs. Bikash Thapa

On 2067/6/1 the Kathmandu district court granted the detention warrant to put the

defendant in jail. And again on 2067/6/21 appellate court also confirmed the order of Kathmandu

district court. The major charges were that defendant has sent her the sexy pictures and sexy

words to her email ID and harassed her from long time.

Applied Laws: Sections 47 (1) and 76 of ETA

 25

(The defendant was found innocent and get freed later.)

V. Unauthorized asses to information

Sabina Karki vs. Suresh Sharma Adhikari

The defendant misused the email ID for illegal entrance to closed document of the

company which harm good will of the company because the violates the law the applicant

request for punishment for the defendant and police took the action.

Applied Law: Section 44, 45 and 46 of ETA

4.4 Nepalese Cyber Law

There are three specific statutes which are regulating the cybercrime directly and

indirectly. Those laws are The Electronic Transaction Act 2008, Banking Offence Act 2007, and

Digital Signature Act 2011 and the cybercrime which are not covered by these laws are dealt by

Public Act, 1970. In Nepal, organization, business houses started using the electronic transactions

when the government was lacking the law, rules and regulations. So, electronic transaction act was

enacted.

Prior to 2004, the government of Nepal dealt with cybercrimes under the Public Offence Act.

Nepal Police dealt with cybercrimes but they were not aware about the technical aspects of these

crimes, which meant that the sanctions were not effective and relative to the crime.

4.4.1 The Electronic Transaction Act 2006

The Electronic Transaction Act 2006, also known as the cyber law, was passed. A cyber law

(electronic transaction) legislation committee has on February 4, 2004 presented an ordinance to

House of Representatives.

The House of Representatives has on March 4, 2004, made a recommendation for an Act

amending the Penal Code and the ratification and was first enacted as an ordinance. And it was
 26

enacted as an act on 2006 and entered into force. This law was forecast to be landmark legislation

for the development of IT industry in Nepal.

Under Act of 2004, hacking, deleting data, stealing e-documents, software piracy and posting

defamatory information invite criminal and civil sanctioning to individuals and institutions.8

However there is cyber law for regulating cybercrimes but this law is also not enough for present

time. It doesn’t have clear provision for modern crimes and special offences like cyber welfare,

cyber terrorism etc.

4.4.2 Electronic transaction act 2006 as cyber law of Nepal

Electronic transaction act is the major statutes for the regulation of cyber offences and computer

conduct. The main purpose of this act (law) is to legalize the electronic transactions and digital

signatures for both private and public transactions, protecting the electronic documents from the

unauthorized access and to control the illegal activities or the cybercrimes. This act has 12 chapters

and 79 sections. Electronic Transaction Act 2006 is here to fore addressed in the capacity of cyber

law.

The act has clearly defined the rights, duty and authorities of the subscribers, network service

provider etc. The act had provision of separate judicial bodies, IT Tribunal and Appellate Tribunal.

The both Tribunal look into all cases related to computer crime and the cybercrime. The IT tribunal

is headed by the District Court Judge and has 3 members.

This act has encouraged the use of information technology for business houses and other offices.

Especially for the banks, that start the electronic transactions such as internet banking, SMS banking,

Tele banking, ATMs, Credit Cards, Debit Cards effective delivery service etc.

4.4.3 Crime and Punishment

8
Belayneh, Beza. “History of Cyber Crime’’. www.bezaspeaks.com. Visited on: April 20, 2015.
 27

The cybercrime is regarded as the crime against the state and it is enacted with the transnational

enforcement against the breaching of the law for any individuals involved. The punishment varies

from Rs. 50000 to Rs. 300000 penalty and 6 months to 5 years imprisonment as the attempts to

discourage the cybercrime. The Cyber law 2006 dictates the limitation for complaint within 35 days

of first knowhow of crime and breaching of the cyber law. Chapter -9 of Electronic Transaction Act

2006 has mentioned about the offence and punishment relating to computer crime. They are listed

below:

Section 44:

To Pirate, Destroy or Alter computer source code: When computer source code is

required to be kept as it is position for the time being the prevailing law, if any person,

knowingly or with malafide intention, pirates, destroys, alters computer sources code to be used

for any computer, computer programmed, computer system or computer network or cause, other

to do so, he/she shall be liable to the punishment with imprisonment not exceeding three years or

with a fine not exceeding two hundred thousand Rupees or with both.

Explanation: For the purpose of this section "computer source code" means the listing of

programmed, computer command, computer design and layout and programed analysis of the

computer resource in any form.

Section 45:

Unauthorized Access in Computer Materials: If any person with an intention to have

access in any programmed, information or data of any computer, uses such a computer without

authorization of the owner of or the person responsible for such a computer or even in the case of

authorization, performs any act with an intention to have access in any programme, information

or data contrary to from such authorization, such a person shall be liable to the punishment with
 28

the fine not exceeding Two Hundred Thousand Rupees or with imprisonment not exceeding

three years or with both depending on the seriousness of the offence.

Section 46:

Damage to any Computer and Information System: If any person knowingly and with a

mala fide intention to cause wrongful loss or damage to any institution destroys, damages,

deletes, alters, disrupts any information of any computer source by any means or diminishes

value and utility of such information or affects it injuriously or causes any person to carry out

such an act, such a person shall be liable to the punishment with the fine not exceeding two

thousand Rupees and with imprisonment not exceeding three years or with both.

Section 47:

Publication of illegal materials in electronic form: (1) If any person publishes or displays

any material in the electronic media including computer, internet which are prohibited to publish

or display by the prevailing law or which may be contrary to the public morality or decent

behavior or any types of materials which may spread hate or jealousy against anyone or which

may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes

and communities shall be liable to the punishment with the fine not exceeding One Hundred

Thousand Rupees or with the imprisonment not exceeding five years or with both.

(2) If any person commit an offence referred to in Sub-section (1) time to time he/she shall be

liable to the punishment for each time with one and one half percent of the punishment of the

previous punishment.

Section 48:
 29

Confidentiality to Divulge: Save otherwise provided for in this Act or Rules framed

hereunder or for in the prevailing law, if any person who has an access in 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

Thousands Rupees or with imprisonment not exceeding two years or with both, depending on the

degree of the offence.

Section 49:

To inform False statement: If any person with an intention to obtain a license from

Certifying Authority under this Act or with any other intention either to Controller or with an

intention to obtain Digital Signature Certificate or with any other intention conceals statement

knowingly or lies any statement to be submitted to the Certifying Authority any false statements

shall be liable to the punishment with a fine not exceeding One Hundred Thousand rupees or

with an imprisonment not exceeding two years or with both.

Section 50:

Submission or Display of False License or Certificates: (1) If any person who works as a

Certifying Authority without a license issued by the Controller under this Act, shall be liable to

the punishment with a fine not exceeding one hundred thousand Rupees or with an imprisonment

not exceeding two years or with both, depending on seriousness of the offence.

(2) Any person without obtaining a license from the Certifying Authority publishes a fake license

or false statement in regard to license or provides to any person by any other means, shall be
 30

liable to the punishment not exceeding one hundred thousand Rupees in the case where the act

referred to in Sub-section (1) has not been accomplished by such a person.

(3) If any person publishes or otherwise makes available a certificate to any other person by any

means knowingly that a certificate is not issued by the Certifying Authority referred to in such a

certificate or the subscriber listed in such certificate has not accepted the certificate or such a

certificate is already suspended or revoked, shall be liable to the punishment with a fine not

exceeding one hundred thousand Rupees or with an imprisonment not exceeding two years or

with both. Provided that, if such a certificate suspended or revoked is published or provided for

the purpose of verification of the Digital Signature before it was suspended or revoked, it shall

not be deemed to have been committed an offence under this Sub-section.

Section 51:

Non-submission of Prescribed Statements or Documents: (1) If any person responsible to

submit any statement, document or report to the Controller or Certifying Authority under this

Act or Rules framed hereunder, fails to submit such statement, document, or report within the

specified time limit, such a person shall be liable to the punishment with a fine not exceeding

fifty thousand Rupees.

(2) Any person who fails to maintain duly any book, register, records or account and in a secured

manner to be maintained duly and in a secured manner under this Act or Rules framed hereunder

shall be liable to the punishment with a fine not exceeding fifty thousand Rupees.

Section 52:

To commit computer fraud: If any person, with an intention to commit any fraud or any

other illegal act, creates, publishes or otherwise provides digital signature certificate or acquires

benefit from the payment of any bill, balance amount of any one's account, any inventory or
 31

ATM card in connivance of or otherwise by committing any fraud, amount of the financial

benefit so acquired shall be recovered from the offender and be given to the person concerned

and such an offender shall be liable to the punishment with a fine not exceeding one hundred

thousand Rupees or with an imprisonment not exceeding two years or with both.

Section 53:

Abetment to commit computer related offence: A person who abets other to commit an

offence relating to computer under this Act or who attempts or is involved in the conspiracy to

commit such an offence shall be liable to the punishment with a fine not exceeding fifty thousand

Rupees or with imprisonment not exceeding six months or with both, depending on the degree of

the offence.

Section 54:

Punishment to the Accomplice: A person who assists others to commit any offence under

this Act or acts as accomplice, by any means shall be liable to one half of the punishment for

which the principal is liable.

Section 55:

Punishment in an offence committed outside Nepal: Notwithstanding anything contained

in the prevailing laws, if any person commits any act which constitutes an offence under this Act

and which involves the computer, computer system or computer network system located in

Nepal, even though such an act is committed while residing outside Nepal, a case may be filed

against such a person and shall be punished accordingly.

Section 56:
 32

Confiscation: Any computer, computer system, floppy, compact disks, tape drivers, software or

any other accessory devices used to commit any act deemed to be an offence relating to

computer under this Act shall be liable to confiscation.

Section 57:

Offences Committed by a corporate body: (1) If any act is done by a corporate body

which deems an offence under this Act, such an offence shall be deemed to have been committed

by a person who was responsible as chief for the operation of the corporate body at the time of

committing such an offence. Provided that, if the person who was responsible as a chief for the

operation of such a corporate body proves that such an offence was committed without his/her

knowledge or that he/she exercised all reasonable efforts to prevent such an offence, he/she shall

not be liable to the guilty.

(2) Notwithstanding anything contained in Sub-section (1), if it is proved that any offence under

this Act committed by a corporate body with the consent or in knowledge or by the reason of

negligence of a director, manager, secretary or any other responsible person of such corporate

body, such an offence shall be deemed to have been committed by such a corporate body and by

a director, manager, secretary or other responsible person of such a corporate body.

Section 58:

Other Punishment: If any violation of this Act or Rules framed hereunder has been

committed, for which no penalty has been separately provided, such a violator shall be liable to

the punishment with a fine not exceeding fifty thousand Rupees, or with an imprisonment not

exceeding six months or with both.

Section 59:
 33

No Hindrance to Punish Under the Laws prevailing: If any act deemed to be an offence

under this Act shall also be deemed to be another offence under the laws prevailing, it shall not

be deemed to have been hindered by this Act to file a separate case and punish accordingly.

Section 76:

Compensation to be recovered: If any loss or damage has been caused to any person by

the reason of offence committed under this Act, the compensation of such loss or damage shall

also be recovered from the offender.

4.4.4 Loopholes of Electronic Transaction Act 2006

Though the incorporation of cyber law in the ETA is a good beginning and cybercrimes

would be considerably reduced in the country, many believe this is a preliminary Act, as many

provisions on IT related security are missing. This law is not effective because the institutions

which have authorized to apply it are not well trained in this field. They do not have idea about

cyber law. Even it fails to include necessary provisions.

According to the Information security experts, the law is not adequate enough for the

holistic depiction of cyber related crimes and is not tough to act as a deterrent for online

perpetrators. The imprisonment and or fines as determined under the Act are not high enough

when compared to other countries.9

Despite the positive efforts, the Electronic Transaction Act, 2006 has failed to address the

problems of online media. A couple of major online news portals, including the nepaldigest.org,

nepalnews.com and kantipuronline.com, and one dozen e-magazines are being published from

Nepal and abroad at the moment. Nevertheless, the government has not provided any facilities to

online publications and journalists associated with them. Since there is no clear provision to

9
Phulara, Bashu Dev. “Crime: Tackling cybercrime in Nepal’’. www.thenepalidigest.org. Visited on: June 15, 2014
 34

regulate online media under the cyber law, the government should incorporate the issue of online

journalism in the new ordinance.

For the same reason, the act has made it legal to purchase and sell through internet.

However, IT infrastructure plays a crucial role in promoting e-commerce. It still needs authority

to verify digital signature, which is yet to be formed. Subjects related to payment gateways are

also not included in the new ordinance. In this context, the Nepal Rastra Bank-the only

regulating autonomous agency- can initiate to promote e-commerce in Nepal.

There is still need for e-procurement laws. This ordinance has covered aspects related to

e-documentation but we still need internet laws and others laws covering the aspects of

intellectual property rights. This is the first step and one can expect other laws in the coming

days. The endorsement of IT ordinance has certainly given birth to a new industry, which still

needs a lot of homework, if Nepal is to expect a boom in IT sector.

Above all, the effective implementation of cyber law will be a necessity. If it is not

properly implemented in all governmental and nongovernmental organizations, the cyber law

will no longer remain. Regulating the Internet further needs the cooperation of all the countries

since the use of the Internet has no borders.

In view of that, Nepal will not be able to regulate the internet without taking the

international legal context into account. The creations of effective IPRS laws are also required in

order to be able to effectively fight piracy. Since the computing field is a dynamic one, policies

and laws related to this area need to be revised periodically to reflect the changing trend, both

local as well as global.10

10
Phulara, Bashu Dev. “Crime: Tackling cybercrime in Nepal’’. www.thenepalidigest.org. Visited on: April 20,
2015
 35

Equally important, information and awareness campaigns on the advantages and

disadvantages of using the Internet should be carried out. Moreover, educating Internet users and

providers should be made a priority.

4.4.5 Other statutes and legal provisions relating to cyber crime

Some other statutes also include provisions relating to cybercrime and punishment.

Digital signature Act, 2011 include some of the provision relating to validity of digital signature

and punishment for the infringement. Banking offences Act, 2007 regulate all of the electronic

banking and financial transaction of bank and financial institution. Rest of the cybercrimes which

are not covered by above laws and ETA are dealt by Some Public (Crime and Punishment) Act,

1970.

Some of the legal provisions relating to cybercrime are:

I. Information and Technology Policy 2057 (2003)

II. E-Government Master Plan Report

III. E-Governance in Nepal

IV. Cyber Law Enforcement in Nepal

V. Computer crime and Intellectual Property Section

4.5 Action of Nepal government against cyber crime

With the explosive growth of the Internet nationwide, computer crimes increasingly are

prone to have international dimensions. Some of the challenges faced by law enforcement on the

international front include: harmonization of countries' criminal laws; locating and identifying

perpetrators across borders; and securing electronic evidence of their crimes so that they may be

brought to justice. Complex jurisdictional issues arise at each step. The government of Nepal is
 36

working with foreign governments through many channels to address global threats related to

cybercrime as well.

4.6 Role of Nepal police and CIB in monitoring cybercrime

Nepal Police is an interested and authorized investigation and enforcement agency for the

cybercrime duly performs the jobs assigned and related to crime investigation, discovery and

exploration. Both CIB and crime branch are actively involve to fight against cybercrime.

Some of the major efforts of Nepal police are:

I. Intervention through the use of wireless technology, mobile phones, proxy intelligence.

II. Deployment of trained police personnel.

III. Public awareness programs.

IV. Law into swift enforcement and offenders’ publicity.

V. Immediate circulation of international criminals through INTERPOL.

VI. Co-operation with neighboring countries

4.7 Challenges in investigation of cyber crimes

I. Internet and the computers as the Scene of Crime there are many types of computer crime

that exists, as well as the legal and technical challenges that face law enforcement and

prosecutors in their efforts to combat this crime.

II. Investigator's skills (not trained) to combat cyber terrorism.

III. knowhow of cyber security

IV. high-tech crimes and confusions

V. Low participation of tech groups and fewer co-operations of resource groups Imitation of

traditional perspective for defining cybercrime. A challenging aspect of cybercrime is its

nonlocal character: actions can occur in jurisdictions separated by vast distances.

 37

VI. Creating a Safer Information Society by Improving the Security of Information

Infrastructures.

4.8 Provision of reporting cyber crimes

Internet-related crime, like any other crime, should be reported to appropriate law

enforcement investigative authorities at the local, state national levels, depending on the scope of

the crime.  Citizens who are aware of cybercrimes should report them to local offices of national

law enforcement.

The primary law enforcement agencies that investigate domestic crime on the Internet

include: the District Police Offices throughout Nepal (However Not all the district in Nepal have

the access to internet and computer) and for the Metropolitan level reporting the Metropolitan

Crime Division and subsequent police Range offices Each of these agencies has offices

conveniently located in every district headquarters to which crimes may be reported. Contact

information regarding these local offices may be found in local telephone directories. In general,

crime may be reported to the local office of an appropriate law enforcement agency by a

telephone call and by requesting the "Duty Complaint handling officer or by the toll free call on

100". Each law enforcement agency also has a chain of command links to police headquarters

(HQ) in Kathmandu which has agents who specialize in particular areas. We also have Police

headquarters-based specialists in computer intrusion (i.e., computer hacker) cases. Written FIR

will be taken upon the convenience of the victim. At presently, only Kathmandu district court

has jurisdiction to register the charge sheet and proceed trail.11

4.8.1 Who is responsible for what?

Following table describe which authorized body is responsible according to type of crime.

Raut, Balaram. “An analysis of Cyber Crime from Conceptual Perspectives: Where is Nepal?.” Nepal Law
11

Review 37.24 (1&2, 2012): 255-269.

 38

What Responsible
 Computer intrusion (i.e. hacking)  Appropriate investigative law

enforcement agencies

 Pornography or Exploitation   District Police Offices of Police

Headquarters or Local Police office

 Child Exploitation and Internet  Local Police Office or Police

Fraud matters that have a mail nexus Headquarters

 Internet fraud and SPAM

 Internet harassment  Metropolitan Crime Division

 Internet threats  Metropolitan Crime Division

 Metropolitan Crime Division

4.9 Other authorized responsible bodies:

I. Inland Revenue Department

II. Department of Information and Communication

III. Nepal Telecommunication Authority (NTA)

 39

Chapter: Five

Findings, Conclusion and Recommendations

5.1 Findings

Laws are established and enforced by the authority, legislation, or custom of a given

community, state or nation to maintain orderly coexistence. Basically, cyber law deals with child

pornography, cyber-stalking, cyber-scams, online fraud, software piracy and much more. Legal

experts are working in this field to help educate and guide the Internet community on crime

prevention and the reporting of cybercrimes. After many years of discussion and effort, recently

the government of Nepal has crafted the much awaited Electronic Transaction and Digital

Signature Act-Ordinance (ETDSA)-2061 (2004), popularly known as "Cyber Law” and

Electronic Transaction Act 2063. These days, we are facing several problems like hacking,

piracy, coping, conspiracy, etc. Such crimes are increasing day by day due to the misuse of the

modern electronic devices like computers and its facilities like internet. People are attracted and

getting influenced by the bad habits and so they excite themselves to go against cyber ethics.

Especially, teens are super forward towards such activities. They get lured by these facilities and

knowingly unknowingly they are doing cybercrime.

In case of Nepal, the issue of cybercrime is most challenging issue of present time.

Activities relating Computer conduct, use of network and use of computer appliances is

unmanaged like politics. Government is not concerned to this matter as much it should be. Most

of the Nepalese people have no idea about cybercrime and even they are not familiar with

Electronic Transaction Act and others cyber laws also. However there is law to control

cybercrime it cannot mitigate the offences relating to cybercrime. Laws are not effective and

efficient to curve and control the cybercrime because the scopes of law are very narrow and the
 40

areas of crime are wide and huge. It cannot cover all of the provisions relating to special offences

and possible crime in future. Only Kathmandu district court has jurisdiction to register charge

sheet and proceed the trail for cyber offences in Nepal.

As Internet usage is growing daily the world is coming closer. The World Wide Web

sounds like a vast phenomenon but surprisingly one of its qualities is bringing the world closer

making it a smaller place to live in for its users. However, it has also managed to create another

problem for people who spend long hours browsing the Cyber World – which is cybercrimes.

While law enforcement agencies are trying to tackle this problem, it is growing steadily and

many people have become victims of hacking, theft, identity theft and malicious software. One

of the best ways to avoid being a victim of cybercrimes and protecting your sensitive information

is by making use of impenetrable security that uses a unified system of software and hardware to

authenticate any information that is sent or accessed over the Internet. So, cyber law has more

challenge to tackle with modern crimes. There are various minor problems of cybercrime small

offences are affected more in cyber space. For example: pirated CDs of high cost program are

available on any DVDs shop and footpath but no one is concerned about it. Most of the people

and organization are using hacked and cracked program downloading from unauthorized source.

Teen agers and even children, young and adult are enjoying porno videos and images through

internet access. We are the habitual of illegal download and illegal copying who cares about the

law. Recently, we heard news about ATM fraud and cyber harassment, fraud on electronic

transfer of money is also not new crime. Though, the laws are formulated to control the crimes,

Nepal is lagging behind in its implementation. However there is law but electronic transaction

are not secure yet.

 41

Nepal police is doing excellent job regarding monitoring cybercrime. They are trying

their maximum effort to control this type of crime, punish criminal and provide justice for victim

and aggrieved. But the problem is that victim did not complain or register case in the police even

they are abused, for e.g. girls are harassed on internet and social network but they remains quiet.

There is lack of skilled and well-trained investigator, judge, public prosecutor, private lawyer,

etc. and present judge, police, lawyers, etc. are not familiar with the cyber law and its application

to combat cyber terrorism and other serious offences. So, in one hand there is not sufficient law

to incorporate modern cyber issue and in another hand the implementing agencies are not well

trained and well-equipped with modern technology so that they can trace the problem. So, these

are the findings of my research.

5.2 Conclusion

Cybercrimes have become a real threat today and are quite different from old-school

crimes, such as robbing, mugging or stealing. Unlike these crimes, cybercrimes can be

committed single handedly and does not require the physical presence of the criminals. The

crimes can be committed from a remote location and the criminals need not worry about the law

enforcement agencies in the country where they are committing crimes. The same systems that

have made it easier for people to conduct e-commerce and online transactions are now being

exploited by cyber criminals. Issues of confidentiality, privacy, freedom of expression are also

raise with the issues of cyber offences and cyber law.

With the new innovation in technical field cases of cybercrimes are also increasing.

Offences are committed in new style and new form and new types of crime are also emerging

related to cybercrime. So, it is the most challenging issue of present time and will remain

challenging issue in future also. So, modernization of the law is necessary in order to take full
 42

advantage of technological improvements. Nepal should be more forward to make law efficient

and to tackle with crime. Various technology and experts are required in order to know about

crime and find out criminals because criminals who can cheat technology easily can cheat law

also.

According to constitution all people have right of information, communication and

express the opinion and internet is one of the means of information, communication and

expression so it cannot be restricted to use the online media to express the opinion or views. So

cyber law should concern on such issue. As well as, people also have duty to follow code of

internet conduct in serious manner. Nepal has to play prominent role to make strong laws and

must implementing existing laws properly. Moreover, every person must show awareness about

the internet and cyberspace. Specially, the children should be made aware with the fake

messages from Facebooks or email account. Everyone should follow code and conduct in

effective manner.

V.3 Recommendation:

I. Law should be amended time to time and it must be strictly implemented and Government of

Nepal must be more concern on electronic transaction activities, cyber conduct and

cybercrime

II. Enact separate cyber Law which regulate the every corner of the cyber related issue or

Electronic transaction Act of Nepal should be broader.

III. Awareness programmed should be conduct time to time in every sector

IV. Jurisdiction to register charge sheet and proceed trail should provide to other district court

also to provide appropriate justice to every victim and aggrieved from every corner of the

country.
 43

V. Various modern technology and experts are required to combat cybercrime.

VI. In Nepal police, Separate department should establish with well-trained officer to deal with

misuse of cyber law and all information technology issues.

VII. Nepal telecom is government run telecommunication. So Nepal telecom, Nepal police

and public prosecutor should work cooperatively and their duty should be assigned in law.

VIII. Judges, public prosecutor as well as private lawyer and other related officer should be

trained to fulfill purpose of law.

IX. Service provider and government can block illegal websites and websites which create social

disorder.

X. We should be aware of unknown emails, spam, should not open unknown advertisement, and
should not download from unauthorized source.
XI. If all of us do not do unethical computer conduct then no one is going to commit cybercrime.

XII. It is the responsibility of the youths like us to help our government to follow the cyber

laws. We must be responsible in implementation of cyber law and report of crime whatever

we face and whatever we know.

XIII. Parents should observe their children what they are doing in internet. If they come to

know their children are abused then they should cooperate with children.

XIV. We all should help Nepal police to minimize crime.

XV. Individuals, firms, government and civil society should work cooperatively.

XVI. We must be loyal to cyber ethics and make the good advantages of the facilities given in

this era.