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As internet usage grows rapidly in Nepal, so do cybercrimes. From hacking and online fraud to cyberbullying and identity theft, digital offenses are increasingly common. Understanding cybercrime laws helps protect yourself and know your legal options when you become a victim.
This guide covers cybercrime laws in Nepal under the Electronic Transactions Act 2063 (2006)—types of cybercrimes, penalties, how to report incidents, and legal remedies available.
What is Cybercrime?
Cybercrime refers to any illegal activity committed by, through, or in relation to a computer system, network, or the internet. It encompasses crimes where:
- A computer is the target of the offense (hacking, data theft)
- A computer is used as a tool to commit the offense (online fraud, phishing)
- A computer is incidental to the offense (storing illegal content)
Elements of Cybercrime:
To constitute cybercrime under Nepali law, the following elements must be present:
- Actus Reus: The physical act (illegal action)
- Mens Rea: Criminal intent (malafide intention)
- Modus Operandi: Use of computer, network, or internet
- Harm: Damage to property, data, reputation, or person
Legal Framework
Cybercrime in Nepal is primarily governed by the Electronic Transactions Act 2063 (2006). Nepal Police uses this Act to investigate and prosecute cyber offenses. The Act defines various cybercrimes, establishes penalties, and provides for the Information Technology Tribunal to adjudicate cases.
Related laws include:
- National Penal Code 2074 (for certain offenses like defamation, fraud)
- Privacy Act 2075 (for data protection violations)
- Child Rights Act 2075 (for online child exploitation)
Types of Cybercrimes in Nepal
Common cybercrimes reported in Nepal include:
| Category | Examples |
|---|---|
| Unauthorized Access | Hacking, password theft, system intrusion |
| Data Crimes | Data theft, deletion, alteration, ransomware |
| Online Fraud | Phishing, email scams, fake websites, ATM fraud |
| Identity Crimes | Impersonation, identity theft, fake profiles |
| Content Crimes | Pornography, hate speech, defamation, fake news |
| Harassment | Cyberbullying, cyberstalking, online threats |
| Sexual Offenses | Sextortion, revenge porn, child exploitation |
| Financial Crimes | Online gambling, cryptocurrency scams, money laundering |
| IP Crimes | Software piracy, copyright infringement |
Cybercrimes and Penalties Under ETA 2063
The Electronic Transactions Act 2063 defines specific offenses and their punishments:
1. Piracy, Destruction, or Alteration of Computer Source Code
Section 44: If any person knowingly or with malafide intention pirates, destroys, or alters computer source code intended for any computer, program, system, or network:
Penalty: Up to 3 years imprisonment OR up to NPR 2,00,000 fine OR both
2. Unauthorized Access to Computer Materials
Section 45: If any person accesses any program, information, or data without authorization, or exceeds authorized access:
Penalty: Up to 3 years imprisonment OR up to NPR 2,00,000 fine OR both (depending on seriousness)
3. Damage to Computer and Information System
Section 46: If any person knowingly and with malafide intention destroys, damages, deletes, alters, or disrupts any computer information, or diminishes its value and utility:
Penalty: Up to 3 years imprisonment OR up to NPR 2,00,000 fine OR both
4. Publication of Illegal Materials in Electronic Form
Section 47: If any person publishes or displays material in electronic media that is:
- Prohibited by prevailing law
- Contrary to public morality or decent behavior
- Spreading hate or jealousy against anyone
- Jeopardizing harmonious relations among castes, tribes, communities
Penalty: Up to 5 years imprisonment OR up to NPR 1,00,000 fine OR both
Note: Section 47 is the most commonly used provision for prosecuting cybercrimes in Nepal, covering online defamation, hate speech, and inappropriate content.
5. Breach of Confidentiality
Section 48: If any person with authorized access divulges confidential records, information, or documents to unauthorized persons:
Penalty: Up to 2 years imprisonment OR up to NPR 10,000 fine OR both (depending on offense degree)
6. Computer Fraud
Section 52: If any person with intent to commit fraud:
- Creates, publishes, or provides false digital signature certificate
- Acquires benefit from payment of bills fraudulently
- Manipulates account balances, inventory, or ATM cards
Penalty: Up to 2 years imprisonment OR up to NPR 1,00,000 fine OR both
Additional: Financial benefit must be recovered and returned to victim
Additional: Financial benefit must be recovered and returned to victim
7. Abetment of Cybercrime
Section 53: If any person abets, attempts, or conspires to commit a computer-related offense:
Penalty: Up to 6 months imprisonment OR up to NPR 50,000 fine OR both (depending on offense degree)
Summary of Penalties
| Offense | Section | Maximum Imprisonment | Maximum Fine (NPR) |
|---|---|---|---|
| Source code piracy/destruction | 44 | 3 years | 2,00,000 |
| Unauthorized access (hacking) | 45 | 3 years | 2,00,000 |
| Damage to computer/data | 46 | 3 years | 2,00,000 |
| Illegal content publication | 47 | 5 years | 1,00,000 |
| Breach of confidentiality | 48 | 2 years | 10,000 |
| Computer fraud | 52 | 2 years | 1,00,000 |
| Abetment/conspiracy | 53 | 6 months | 50,000 |
Jurisdiction for Crimes Committed Outside Nepal
Section 55 of ETA 2063 provides extraterritorial jurisdiction. If any person commits an offense involving a computer, computer system, or network located in Nepal—even while residing outside Nepal—a case can be filed and the person punished under Nepali law.
This provision is important for:
- Cross-border hacking incidents
- Foreign perpetrators targeting Nepali systems
- Online fraud committed from abroad
How to Report Cybercrime in Nepal
If you're a victim of cybercrime, follow these steps:
Step 1: Document Everything
Before reporting, preserve evidence:
- Take screenshots of offensive content, messages, or profiles
- Save URLs, usernames, and timestamps
- Keep records of financial transactions (if fraud)
- Don't delete any evidence from your device
Step 2: Report to Nepal Police Cyber Bureau
The Nepal Police Cyber Bureau is the primary authority for cybercrime investigation:
Contact:
Nepal Police Cyber Bureau
Bhotahity, Kathmandu
Phone: 01-4411536
Email: [email protected]
Step 3: File FIR at Local Police Station
You can also file a First Information Report (FIR) at your nearest police station. They will forward the case to the Cyber Bureau if specialized investigation is needed.
Step 4: Approach the Court
For civil remedies or if police action is inadequate, you can file a case directly at the District Court or approach the Information Technology Tribunal for cyber-specific disputes.
Protecting Yourself from Cybercrime
Preventive measures to reduce your risk:
- Strong Passwords: Use unique, complex passwords for each account
- Two-Factor Authentication: Enable 2FA wherever possible
- Verify Sources: Don't click suspicious links or download unknown attachments
- Privacy Settings: Review and restrict social media privacy settings
- Secure Transactions: Use trusted payment gateways and verify websites
- Regular Updates: Keep software and antivirus updated
- Backup Data: Regularly backup important files
- Be Cautious: Don't share personal information with strangers online
Legal Remedies for Victims
Victims of cybercrime have several legal options:
- Criminal Prosecution: File complaint with police for criminal action against perpetrator
- Civil Action: Sue for damages and compensation in civil court
- Injunction: Seek court order to remove offensive content or stop ongoing harassment
- Recovery: In fraud cases, court orders return of financial benefit to victim
Need Legal Help for Cybercrime?
Our legal team assists cybercrime victims with filing complaints, pursuing legal action, and seeking remedies. We also advise businesses on cybersecurity compliance under the Electronic Transactions Act. Contact us for a confidential consultation.
Frequently Asked Questions
Cybercrime is any illegal activity committed by, through, or in relation to a computer system, network, or the internet. Under Nepali law, it requires:
- Actus Reus: The illegal act
- Mens Rea: Criminal intent (malafide intention)
- Modus Operandi: Use of computer/internet
- Harm: Damage to property, data, reputation, or person
Cybercrimes are prosecuted under the Electronic Transactions Act 2063.
The primary law governing cybercrime in Nepal is the Electronic Transactions Act 2063 (2006). Sections 44-55 define specific cyber offenses and their punishments. Related laws include:
- National Penal Code 2074
- Privacy Act 2075
- Child Rights Act 2075
Nepal Police Cyber Bureau investigates and prosecutes cyber offenses.
Under Section 45 of ETA 2063, unauthorized access to any program, information, or data (hacking) is punishable by:
- Up to 3 years imprisonment, OR
- Up to NPR 2,00,000 fine, OR
- Both
The severity depends on the seriousness of the offense.
Under Section 47 of ETA 2063, publishing material contrary to public morality, spreading hate, or jeopardizing communal harmony is punishable by:
- Up to 5 years imprisonment, OR
- Up to NPR 1,00,000 fine, OR
- Both
This is the most commonly used section for online defamation, hate speech, and inappropriate content.
Under Section 52 of ETA 2063, computer fraud (fake digital signatures, fraudulent account manipulation, ATM fraud) is punishable by:
- Up to 2 years imprisonment, OR
- Up to NPR 1,00,000 fine, OR
- Both
Additionally, the financial benefit must be recovered from the offender and returned to the victim.
To report cybercrime:
- Document evidence (screenshots, URLs, messages)
- Contact Nepal Police Cyber Bureau:
- Location: Bhotahity, Kathmandu
- Phone: 01-4411536
- Email: [email protected]
- File FIR at your local police station
- Approach court for civil remedies if needed
Common cybercrimes in Nepal include:
- Hacking and unauthorized access
- Online fraud and phishing
- Identity theft and impersonation
- Cyberbullying and harassment
- Sextortion and revenge porn
- Photo manipulation and defamation
- Email scams and ransomware
- Online gambling
- Child exploitation content
Yes. Under Section 55 of ETA 2063, if any person commits an offense involving a computer system or network located in Nepal—even while residing outside Nepal—they can be prosecuted under Nepali law. This provides extraterritorial jurisdiction for cross-border cybercrimes.
Under Section 46 of ETA 2063, knowingly destroying, damaging, deleting, or altering computer information is punishable by:
- Up to 3 years imprisonment, OR
- Up to NPR 2,00,000 fine, OR
- Both
This covers ransomware attacks, data deletion, and malicious data alteration.
Yes, cyberbullying can be prosecuted under Section 47 of ETA 2063 as publication of illegal material in electronic form. If the bullying involves threats, defamation, or content contrary to public morality, the offender faces:
- Up to 5 years imprisonment, OR
- Up to NPR 1,00,000 fine, OR
- Both
Sharing private photos without consent (revenge porn) can be prosecuted under multiple sections:
- Section 47: Illegal content publication (up to 5 years / NPR 1 lakh)
- Section 48: Breach of confidentiality (up to 2 years / NPR 10,000)
- Privacy Act 2075: Additional civil and criminal liability
The exact charges depend on the nature and intent of the offense.
Under Section 53 of ETA 2063, anyone who abets, attempts, or conspires to commit a computer-related offense is punishable by:
- Up to 6 months imprisonment, OR
- Up to NPR 50,000 fine, OR
- Both
This covers those who assist, encourage, or plan cybercrimes even without directly committing them.
Yes, victims have multiple legal remedies:
- Criminal prosecution: File complaint with police
- Civil action: Sue for damages and compensation
- Injunction: Seek court order to remove content or stop harassment
- Recovery: In fraud cases, court orders return of financial benefit
You can pursue both criminal and civil remedies simultaneously.
Important evidence to preserve:
- Screenshots of offensive content, messages, profiles
- URLs of websites or social media pages
- Usernames and account information of perpetrator
- Timestamps of when incidents occurred
- Financial records (bank statements, transaction receipts)
- Device information (don't delete data from your phone/computer)
- Witness information if others saw the content
Preserve evidence before it's deleted by the perpetrator.
The Nepal Police Cyber Bureau is located at:
Address: Bhotahity, Kathmandu, Nepal
Phone: 01-4411536
Email: [email protected]
This is the specialized unit for investigating cybercrimes. You can also file initial complaints at your local police station, which will coordinate with the Cyber Bureau as needed.
