Cyber Crime in Nepal: Laws, Offenses, Penalties, and Complaint Process

Cyber crime refers to illegal activities carried out using computers, digital devices, or the internet. With the rapid growth of information technology and internet usage worldwide, cyber crime has become a major concern for individuals, businesses, and governments alike. These crimes include a wide range of activities such as hacking, identity theft, cyberbullying, online fraud, phishing, spreading malware, and unauthorized access to data. Unlike traditional crimes, cyber crimes can be committed remotely, making it difficult to trace the perpetrators and enforce the law effectively.

The digital nature of cyber crime allows criminals to operate across national borders, posing serious threats to personal privacy, financial security, and national defense systems. Social media platforms, email, and online banking have become frequent targets for cyber criminals seeking to exploit vulnerabilities. The consequences can range from financial losses and data breaches to emotional distress and reputational damage.

To combat cyber crime, countries around the world have introduced legal frameworks, awareness programs, and cybersecurity measures. In Nepal, the Electronic Transactions Act, 2063 (2008) is the primary law addressing cyber offenses. However, with evolving technologies, continuous updates in law enforcement strategies and digital literacy among citizens are essential to ensuring a safer online environment.

Types of Cyber Crime in Nepal

In Nepal, cyber crimes are on the rise due to the increasing use of digital technology, internet, and social media. The Electronic Transactions Act, 2063 (2008) is the main legal framework that defines and penalizes cyber crimes in the country. The following are some of the most common types of cyber crime in Nepal:

1. Hacking

Unauthorized access to computer systems or networks to steal, modify, or destroy data. It includes hacking into government or private databases and tampering with sensitive information.

2. Cyber Fraud and Online Scams

This includes financial frauds such as fake online shopping, lottery scams, phishing emails, and online banking frauds aimed at stealing money or personal information.

3. Identity Theft

Using someone else's personal information (like name, photo, citizenship number, etc.) without permission to commit fraud or other crimes, often seen on social media or financial platforms.

4. Cyber Bullying and Harassment

Sending threatening, abusive, or defamatory messages online, especially on platforms like Facebook, TikTok, and Instagram. It includes blackmail, stalking, and spreading false rumors.

5. Publishing Obscene Materials

Uploading or sharing pornographic, vulgar, or sexually explicit content online is a punishable offense under Nepalese cyber law.

6. Spreading Misinformation and Fake News

Deliberately posting or sharing false information to mislead the public, especially during elections, pandemics, or social unrest.

7. Unauthorized Data Access or Theft

Illegally accessing confidential data from individuals, institutions, or companies for misuse or sabotage.

8. Cyber Terrorism

Using cyberspace to threaten national security by attacking or manipulating sensitive government or military systems.

9. Defamation

Publishing false or damaging statements about someone online to ruin their reputation.

10. Impersonation

Creating fake social media accounts using someone else’s identity, often to deceive or defame.

Cyber Offenses and Punishments According to the Electronic Transactions Act, 2063 (2008) of Nepal

The Electronic Transactions Act, 2063 (ETA) is Nepal’s primary legal framework for regulating cyber activities and addressing offenses related to electronic communication, online fraud, and digital misconduct. Below are key cyber offenses and their corresponding punishments as stated in the Act:

1. Unauthorized Access to Computer Systems (Hacking)

Gaining unauthorized access to another person’s computer, network, or data.

Punishment: Fine up to NPR 200,000 or imprisonment up to 3 years, or both.

2. Damage to Computer Data or Programs

Intentionally deleting, altering, or disrupting others' computer data or software.

Punishment: Fine up to NPR 300,000 or imprisonment up to 4 years, or both.

3. Publication of Illegal Content

Publishing or displaying obscene, indecent, or defamatory materials in electronic form.

Punishment: Fine up to NPR 100,000 or imprisonment up to 5 years, or both.

4. Sending Offensive Messages

Sending offensive, false, or threatening information via electronic means.

Punishment: Fine up to NPR 100,000 or imprisonment up to 2 years, or both.

5. Cyber Fraud

Committing fraud using electronic documents or systems.

Punishment: Fine up to NPR 100,000 or imprisonment up to 5 years, or both.Repeat offenses may lead to higher fines and longer imprisonment.

6. Identity Theft or Impersonation

Using another person’s electronic signature or identity without permission.

Punishment: Fine up to NPR 100,000 or imprisonment up to 2 years, or both.

7. Disruption of Electronic Services

Offense: Intentionally damaging or interfering with electronic services or networks.

Punishment: Fine up to NPR 200,000 or imprisonment up to 3 years, or both.

8. Breach of Confidentiality and Privacy

Offense: Disclosing confidential information obtained through authorized access.

Punishment: Fine up to NPR 100,000 or imprisonment up to 2 years, or both.

Filing a Cybercrime Complaint through the Cyber Crime Bureau

The Cyber Crime Bureau, situated in Bhotahity, Kathmandu, is the primary agency responsible for handling cybercrime investigations in Nepal. To lodge a complaint with the Bureau, follow these general steps:

1. Prepare a written application that thoroughly outlines the incident, including details such as the date, time, methods used, and any known suspects.
2. Submit your complaint in person at the Bureau or send it via email to [email protected].
3. Include any relevant evidence, such as screenshots, emails, chat logs, transaction records, or other digital documentation.
4. After submission, the Bureau will perform a preliminary review, and if necessary, begin a formal investigation.

Filing a Cybercrime Complaint via Nepal Police (Cyber Crime Division or Local Police Stations)

Cybercrime complaints can also be reported to the Cyber Crime Division of Nepal Police or any local police station, which act under the Electronic Transactions Act. Available options for reporting include:

• Sending an SMS to 1111
• Emailing [email protected]
• Faxing to 1100

If opting for an in-person submission, follow the steps below:

1. Visit the appropriate police station or cyber division in person.
2. A designated officer will provide a complaint form to be filled out.
3. Write a detailed description of the cybercrime, including the date, time, type of offense, and suspect details, if known.
4. Attach any supporting evidence such as electronic records, screenshots, or emails.
5. Police will carry out an initial review to validate the claim and clear any uncertainties.
6. Based on the complexity and seriousness, the case may be referred to the Cyber Crime Bureau for further investigation.
7. If the accused is found involved, the police will request the victim to submit a First Information Report (FIR) using the official format.
8. The police will then obtain an arrest warrant from the District Court.
9. A detailed investigation of the complaint will follow.
10. Once complete, the investigation report is forwarded to the District Government Attorney.
11. The District Government Attorney files a charge sheet in the District Court.
12. A bail hearing is conducted for the accused.
13. The matter proceeds through legal hearings, leading to a final judgment from the District Court.