Page 9 - Third Issue
P. 9

Damage to Computer and             one hundred thousand rupees,
        Section 48 of the Act is also       Information Systems                imprisoned for up to two years, or
        frequently invoked, targeting                                          both.
        individuals who disclose or cause   Knowingly causing wrongful loss
        the divulgence of confidential      or damage to computer systems or   Abetment of Computer-
        records, books, correspondence,     information falls under section 46   related Offenses
        or information obtained through     of the ETA 2063. Offenders who
        authority conferred by the Act or its   disrupt, alter, delete, or diminish the   Section 53 of the ETA 2063
        rules. Offenders may face fines not   value and utility of computer source   addresses individuals who aid,
        exceeding ten thousand rupees,      information may face fines up to two   attempt, or conspire to commit
        imprisonment up to two years, or    thousand rupees, imprisonment for   computer-related offenses. Those
        both, depending on the gravity of the   up to three years, or both.    found guilty may face fines not
        offense.                                                               exceeding fifty thousand rupees,
                                            Publication of Illegal             imprisonment for up to six months, or
        Punishment for Piracy,              Materials in Electronic            both, depending on the seriousness
        Destruction, or Alteration          Form                                   of the offense.
        of Computer Source Data
                                                                                         Punishment
        According to section                                                               for Offenses
        44 of the ETA 2063,                                                                Committed
        individuals
        involved                                                                           Outside Nepal
        in the
        intentional                                                                       Nepalese laws also
        piracy,                                                                           extend their jurisdiction
                                                                                          to offenses committed
                                                                                           outside Nepal, as

        destruction,                                                                       long as the offense
        or alteration                                                                       involves computers,
        of                                                                                    computer systems,
        computer                                                                                or computer
        source                                                                                   networks located
        code,                                                                                     within Nepal.
        intended                                                                                   Section 55 of
        for                                                                                        the ETA 2063
        computer                                                                                   empowers
        systems,                                                                                  authorities to
                                                                                                 file cases against
                                                                                               offenders residing
                                                                                            outside the country,
                                                                                           ensuring that justice
                                            Publishing or displaying prohibited   can be pursued even if the crime
        programmers, or networks, may face   materials in electronic media,
        imprisonment for up to three years,   including computers and the internet,   originates beyond Nepal’s borders.
        a fine not exceeding two hundred    is strictly prohibited in Nepal.
        thousand rupees, or both.           Section 47 of the ETA 2063 imposes   Conclusion
                                            fines up to one hundred thousand
        Unauthorized Access to              rupees, imprisonment for up to     The establishment of robust legal
                                                                               provisions in Nepal to combat
        Computer Materials                  five years, or both, for individuals   cybercrime reflects the country’s
                                            involved in disseminating materials   commitment to ensuring digital
        Unauthorized access to computer     that contravene the prevailing law,   security and protecting individuals
        programs, information, or data is   jeopardize public morality, promote   from various forms of cyber threats.
        a punishable offense in Nepal.      hate, or disrupt harmonious relations   The Electronic Transactions Act 2063
        Section 45 of the ETA 2063 outlines   among different communities.     serves as the primary legislative
        penalties, including fines not                                         framework, with sections addressing
        exceeding two hundred thousand      Computer Fraud Provisions          offenses such as unauthorized
        rupees, imprisonment for up to                                         access, data destruction, publication
        three years, or both, based on the   Individuals engaged in fraud or   of illegal materials, computer fraud,
        severity of the offense. This applies   other illegal activities related to   and abetment. By enforcing these
        to unauthorized use of computers,   digital signatures, payment fraud,   laws, Nepal aims to create a safer
        even with or without authorization,   or unauthorized access to financial   digital environment for its citizens
        and contrary to the terms of such   accounts may face penalties        and safeguard the integrity of its
        authorization.                      under section 52 of the ETA 2063.   information systems.
                                            Offenders may be fined up to
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