A Short Brief Of Cyber Law And IT Policy In Nepal

The main achievement of Information and Communication Technology is to provide internet access all over the world. What so ever, be the geographical distance, the development of internet technology has made it possible enough to access every information via internet media access. The proper use of information technology enhance the academic, health, administrative, economic and social aspects and its abuse may result in a severe disaster.

Making a computer, a medium or using remote computers for the purpose of committing some illegal acts is known as cybercrime. In the present context, when the extension of internet technology has to lead to some criminal acts, in Nepal too “Electronics Transaction Act-2063” was enforced in execution. The first cybercrime was reported in 1820. It was made against the workers who tried to destroy the physical infrastructures complaining their loss of the job due to an automated machine adapted by the French Cloth Industry.

Some of the cyber crimes committed by using a computer as a medium:

  • Financial Crime
  • Cyber Pornography
  • Sale of Illegal Article
  • Intellectual Property Crime
  • Cyber Stalking
  • Cyber Defamation
  • Email Bombing
  • Salami Attacks
  • Virus/Worm Attacks
  • Internet Time Theft

Crimes as per the  “Electronics Transaction Act-2063”

Paragraph-9 describes the guilt and Surcharge regarding computers abuse

Article -44: Piracy, Amendment or Destruction of Computer Source => 3 years jail or Rs. 200000 as Surcharge

Article-45: Access to unauthorized Items =>=> 3 years jail or Rs. 200000 as Surcharge or BOTH

Article-46: Damage to Computer Information System =>=> 3 years jail or Rs. 200000 as Surcharge or BOTH

Article-47: Publishing illegal things in Electronic Format=>i)  5 years in jail or Rs. 100000 as Surcharge or BOTH. ii) If the act is repeated punishment is up to 1.5 times of previous

Article-48: Privacy transgress => 2 years jail or Rs. 100000 as Surcharge or BOTH

Article-49: publishing false information=> 2 years jail or Rs. 100000 as Surcharge or BOTH

Article-50: Publishing False Licence or Certificate=>i) 2 years in jail or Rs. 100000 as Surcharge or BOTH ii) If incomplete, uptoRs 100000 as Surcharge iii) If consciously done, ) 2 years jail or Rs. 100000 as Surcharge or BOTH

Article-51: Not admitting assigned description or document=> Surcharge up to 50000

Article-52: Computer brummagem=>) 2 years jail or Rs. 100000 as Surcharge or BOTH

Article-53: Encouraging for committing cyber crime=>) 6-month jail or Rs. 50000 as Surcharge or

Article-54: Helper will be assigned half punishment than Committer

Article-55: Cybercrime committed Out of Nepal: Issue will be forwarded as per the law

Article-56: confiscation: Used computers, computer system, floppy disk, CDs or related equipment is being confiscated

Article-57: Guilt from an Organized Institution: Responsible Person will be taken as guilt.

Article-58: Others=> 6-month jail or Rs. 50000 as Surcharge or BOTH

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