Page 8 - Third Issue
P. 8

Article































                                    Cyber Crime Laws in Nepal






                                         Safeguarding Digital Security


                                            email fraud, cyberbullying,         threats.
                                            pornography, and more. The use of
                                            the internet as a medium for these   Major Cybercrimes in
                                            criminal acts further qualifies them   Nepal
                                            as internet crimes, which are also
                                            considered cybercrimes.
    By:                                                                         Nepal has witnessed various
                                                                                cybercrimes that pose significant
    Dr. Pawan Kumar Sharma
                                            Elements of Cybercrime              risks to individuals and society.
        Introduction                                                            These include intellectual property
                                            To establish an act as a cybercrime,   theft, privacy breaches, photo
              ybercrime, characterized by   several elements must be present.   mutilation, impersonation, email
              illegal activities conducted   These include the physical element   fraud for ransom, distribution of
              through computer systems      (actus reus), which refers to the   pornography, cyberbullying, forgery,
        Cor networks, has become a          actual action or conduct of the     online gambling, child trafficking,
        growing concern in the digital age.   offender, the mental element (mens   sexting, and sextortion. Addressing
        Nepal, like many other countries,   rea), which relates to the intention or   these offenses requires a robust legal
        recognizes the importance of        knowledge of committing the offense,   framework and proactive measures.
        combating cyber threats and has     and the use of computer systems or
        established legal provisions to     the internet (modus operandi) as the   Legal Provisions of
        address cybercrimes effectively. This   means to facilitate the crime.  Cybercrime in Nepal
        article delves into the various aspects
        of cybercrime in Nepal, including its   Emerging Trends in              The Electronic Transactions Act 2063
        definition, emerging trends, major   Cybercrime                         is the primary legislation utilized
        offenses, and the legal framework in                                    by the Nepal Police to regulate
        place to deter and punish offenders.  The landscape of cybercrime is    cybercrimes. Section 47 of the
                                            continuously evolving, with new     Act is widely employed to prevent
        Understanding Cybercrime            methods and impacts emerging.       cybercrimes in Nepal. It states that
                                            Some of the emerging trends         individuals publishing or displaying
        Cybercrime encompasses a            in cybercrime include phishing,     material that goes against morals,
        wide range of unlawful behaviors    botnet attacks, voice over IP       etiquette, promotes hatred, or malice
        committed through computer          communication, cloud computing      on computer systems, the internet,
        systems or networks. It includes    vulnerabilities, and changing       or other electronic media can be
        activities such as unauthorized     techniques used by offenders.       fined up to 1 lakh rupees or face
        access to computer systems, data    Staying updated on these trends is   imprisonment for up to 5 years, or
                                            crucial for effectively combating cyber
                                                                                both.
        manipulation, hacking, phishing,
  8                                           ICT NEPAL (Issue-3, 2023)
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