Cybercrime in Nepal

Cybercrime is one of the fastest-growing areas of criminal activity. In Nepal, there are few lawyers who advocate on issues of cybercrime. Cases of cybercrime in Nepal are commenced by the Government of Nepal as the plaintiff and are presumed to be included in Schedule 1 of the Government Cases Act, 2049 B.S.

Definition

Cybercrime is an act of creating, distributing, altering, stealing, misusing, and destroying information through the computer manipulation of cyberspace, without the use of physical force and against the will or interest of the victim. The Electronic Transactions Act (ETA) has not defined cybercrime explicitly.

Cybercrime Laws in Nepal

Legal Provisions of Cybercrime in Nepal

In Nepal, the Nepal Police began implementing the Electronic Transactions Act 2063 to combat cybercrime. Section 47 of the Act is the most commonly utilized to prevent cybercrime in Nepal. This section states that if a person publishes or exhibits information that violates morals, etiquette, hostility, or malice on a computer, the internet, or other electronic media, the offender may face a fine of one lakh rupees or imprisonment for up to five years, or both.

Other Offenses and Punishments

• Unauthorized Access to Computer Materials – Fine up to NPR 200,000 or imprisonment up to 3 years, or both.
• Damage to any Computer and Information System – Fine up to NPR 200,000 or imprisonment up to 3 years, or both.
• Publication of Illegal Materials in Electronic Form – Fine up to NPR 100,000 or imprisonment up to 5 years, or both.
• Informing False Statements – Fine up to NPR 100,000 or imprisonment up to 2 years, or both.
• Computer Fraud – Fine up to NPR 100,000 or imprisonment up to 2 years, or both.
• Computer-Related Offense – Fine up to NPR 50,000 or imprisonment up to 6 months, or both.
• Punishment to the Accomplice – Half of the principal offender’s punishment.
• Offense Committed by a Corporate Body – The responsible chief officer may be held accountable unless proven otherwise.
• Offense Committed Outside Nepal – If the offense involves a Nepalese system, legal action may still be taken.

Complaint of Cybercrime

To report a cybercrime in Nepal, follow these steps:

• Contact the Cyber Bureau: The Cyber Bureau is responsible for handling cybercrime cases in Nepal.
• Email: Email at [email protected] including all the details, evidence, and relevant information about the incident.

Disclaimer

S & S Jurists, one of Nepal’s leading law firms in the corporate sector, publishes articles on its website for informational purposes. This information should not be taken as legal advice, advertisement, personal communication, solicitation, or inducement. The firm and its team members shall not be liable for any consequences arising from the information provided here. If you need further legal advice on the subject matter, please contact us.

Copyright Laws in Nepal

Introduction

Copyright law protects the rights of creators over their original works. In Nepal, copyright protection is governed by the Copyright Act, 2059 (2002) and aims to promote intellectual property rights by safeguarding creative works against unauthorized use and reproduction.

Definition

Copyright refers to the exclusive legal right granted to the original creator of a work to reproduce, distribute, perform, display, or license the work. It applies to literary, artistic, musical, and other intellectual works.

Legal Provisions of Copyright in Nepal

The Copyright Act, 2059 (2002) establishes the legal framework for copyright protection in Nepal.

Rights of Copyright Holders

• The right to reproduce, distribute, and communicate the work to the public.
• The right to translate, adapt, or modify the work.
• Moral rights ensuring the integrity of the work and attribution to the creator.

Duration of Copyright Protection

• Literary, artistic, and musical works: Lifetime of the creator + 50 years.
• Photographic and audiovisual works: 25 years from the date of publication.
• Broadcasts and performances: 20 years from the date of the performance.

Copyright Infringement and Penalties

Any unauthorized use, reproduction, distribution, or modification of copyrighted materials constitutes copyright infringement. The penalties include:

• Fine up to NPR 100,000 or imprisonment for up to 6 months, or both.
• Repeated infringement may lead to increased penalties.

Registration of Copyright

Although copyright is automatically granted upon creation, registration with the Department of Copyright, Nepal strengthens legal claims.

Complaint and Legal Action

• File a complaint with the Department of Copyright, Nepal.
• Report violations to law enforcement authorities.
• Seek legal consultation for enforcement of rights.

Disclaimer

S & S Jurists, one of Nepal’s leading law firms in the corporate sector, publishes articles on its website for informational purposes. This information should not be taken as legal advice, advertisement, personal communication, solicitation, or inducement. The firm and its team members shall not be liable for any consequences arising from the information provided here. If you need further legal advice on the subject matter, please contact us. provided here. If you need further legal advice on the subject matter, please contact us.