Cyber is a place or space where people are connected to each other and conduct business activities. Cybercrime refers to ‘computer crime’ or ‘computer-related crime. It is linked to computers, in particular to Internet services. In recent times, cyber-related services exist almost everywhere, whether in a room, in public spaces, and their services are extended to personal computers, tablet devices and mobile devices for internet purposes and digital online activities. The extensive use of Internet services could potentially lead to cyber-related crimes.
The Electronic Transactions Act, 2063 (2008) refers to three types of cyber-related crimes.
- Cyber-related crimes which use computer networks to access protected computers or other networks for the purpose of obtaining personal information.
- Cyber-related crimes which directly target computer devices, such as destruction or diversion of information.
- Cyber related crimes such as the posting of nude materials on social media platforms such as Facebook.
Offence under the Act on Electronic Transactions, 2063 (2008)
The Legislation provides eight separate categories of cyber-related crimes that address various components of computers such as fraud, abuse on social media platforms such as Facebook, and other unauthorized and anti-social access.
- To Pirate, Destroy or Alter the source code of the computer:
- Unauthorized access to computer materials:
- Damage to any computer or information system
- Publication of illegal material in electronic form:
- To make the False Statement:
- Submission or exhibits of false licenses or certificates:
- Non-submission of recommended statements or documents
- To commit fraud on the computer:
To Pirate, Destroy or Alter the source code of the computer
A person, intentionally or with criminal intent, pirates, destroys, alters the computer source code to be used in or caused by any computer, computer programmer, computer system or computer network, is a cyber-related crime and is punishable under the Electronic Transactions Act, 2063. (2008).
Penalty
Cyber-related crimes shall be punished with imprisonment of up to three years or a fine not exceeding two hundred thousand Rupees or both.
The person intentionally accesses the information or data of any computer and thus uses that computer without the permission of the owner.
Punishment
In the case of cyber-related crimes committed and established in the court of law, a fine not exceeding Two Hundred Thousand Rupees or a prison not exceeding three years or both, depending on the gravity of the offence, is imposed.
Damage to any kind of computer and information system:
If a person intentionally causes unlawful loss or damage to any institution and commits damage, damages, delete, alters, disrupts any information of any computer source by any means or diminishes the value and usefulness of such information or causes injury or causes any person to perform such an act, that person shall be liable to be punishment.
Punishment
In the event of an offence, it is established in the court of law that he/she is punished under the law with a fine not exceeding two thousand Rupees and with imprisonment not exceeding three years or both.
Publication in electronic form of illegal materials:
If any person publishes any material in electronic media, including a computer, on the internet
- Publication or display pursuant to the prevailing law is prohibited.
- That may be contrary to public morality.
- Provocative behavior or any kind of material that may spread hate or hate speech against anyone.
- It may jeopardize the harmonious relations between the peoples of different castes, tribes and communities.
Punishment
In the event of an offense established in the court of law, he/she shall be punished under the law with a fine not exceeding one hundred thousand rupees or with imprisonment not exceeding five years or both.
Issue False Declaration:
If a person with the intention of obtaining a license from the Certifying Authority under this Act or with any other intention, either to control or to obtain a Digital Signature Certificate, or with any other intention, conceals, knowingly or falsely, any statement to be submitted to the Certifying Authority. Any false statements made before an official responsible for the administration of justice shall be subject to punishment.
Penalty
In the event of an offense established in the court of law, he/she is liable to pay a fine not exceeding one hundred thousand rupees or imprisonment not exceeding two years or both.
Submission or presentation of false license or certificate:
If a person who works as a Certifying Authority without obtaining a license by legitimate means under this Act is proven to be liable, in the event of an offense, to a penalty not exceeding one hundred thousand rupees or to imprisonment not exceeding two years or both, depending on the gravity of the offence.
Non-submission of prescribed statements or documents
If a person responsible for submitting a statement, document or report to the Controller or Certifying Authority pursuant to this Act or the rules set out below fails to submit such a statement, document or report within a specified time limit, that person shall be liable to a penalty not exceeding fifty thousand rupees.
If any person, with the intention of committing any fraud or other illegal act, creates, publishes or otherwise provides a digital signature certificate or receives the benefit of payment of any bill, the balance of any account, inventory or ATM card in connivance or otherwise by committing any fraud. Collects financial benefits that are then recovered from the offender and are handed over to the offender and the offender shall be punished with a fine not exceeding one hundred thousand rupees or with imprisonment not exceeding two years or both.
Corporate Lawyer Nepal offer legal services through their expertise and expertise in cyber-related crimes. We offer our expertise in the defense of cyber-crimes related to false allegations. In the case of a lawsuit brought against you for cyber related crime in Nepal, let the expert do his/her job of overseeing your case.
Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.
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