How to File Cybercrime Complaints and Cases in Nepal?

Cybercrime refers to any illegal activity carried out using computers, digital devices, or the internet. It targets or uses technology to steal data, harm people, commit fraud, spread viruses or access confidential information without permission. Generally cybercrimes are committed by:

• Using computers, mobile phones and smart devices,
• Internet and social media platform and
• Fake website and apps.

TYPES OF CYBERCRIME

Cybercrimes in Nepal cover a wide range of offenses. These include:

1. Hacking
2. Fraudulent calls or emails
3. Identity theft
4. Child pornography
5. Digital piracy or theft
6. Cyber stalking and cyber bullying
7. Phishing scams
8. Computer vandalism
9. Illicit online sales on the Dark Web
10. Publishing material that is against morals, or etiquette, promotes hatred, or is malicious.

GOVERNING LAWS

In Nepal, the primary law governing cybercrimes is the Electronic Transactions Act (2063) 2008, beyond this other governing laws are:

1. Constitution of Nepal, 2015;
2. National Penal Code, 2017;
3. Copyright Act, 2002;
4. Individual Privacy Act, 2018; and
5. Patent, Design and Trademark Act, 1965.

Electronic Transactions Act ,2063,(ETA-2008) Offences and Punishment

The Electronic Transactions Act (ETA), 2063of Nepal, enacted to regulate digital transactions and online activities, provides a comprehensive legal framework for electronic records, digital signatures, and cybercrimes. It aims to protect individuals and organizations from cyber-related offenses, such as hacking, unauthorized data access, fraud, and the spread of harmful content. The ETA also establishes penalties for offenses like leaking confidential information and fraudulently obtaining digital certificates. The Act enables authorities to take legal action against cybercrime, ensuring secure digital environments for transactions and communication

1. Pirating, Destroying or Altering computer source code: Up to 3 years imprisonment or fine up to NPR 2 lakh or both.
2. Unauthorized access to computer data: Up to 3 years imprisonment or fine up to NPR 2 lakh or both.
3. Damage to any computers or information system: Up to 3 years imprisonment or fine up to NPR 2 thousand or both.
4. Publishing illegal content: Up to 5 years imprisonment or fine up to NPR 1 lakh or both.
5. Leaking confidential information: Up to 2 years imprisonment or fine up to NPR 10,000 or both.
6. Submitting or displaying false licenses/certificates: Up to 2 years imprisonment or fine up to NPR 1 lakh or both.
7. Cyber fraud: Up to 2 years imprisonment or fine up to NPR 1 lakh or both.
8. Failing to submit required documents to to the Controller or Certifying Authority: Fine up to NPR 50,000
9. Assisting in cybercrimes: Half the punishment of the main offender
10. Other cyber offenses: Up to 6 months imprisonment or fine up to NPR 50,000 or both.

PROCEDURE FOR FILING A CYBERCRIME COMPLAINT IN NEPAL

If you’re a victim of a cybercrime you have the following options for filing a cybercrime complaint. The process is overseen mainly by three bodies:

1. Cyber Crime Bureau, Nepal Police
2. Cyber Crime Division of Nepal Police / Local Police Stations
3. District Courts of Nepal

A. Filing a Cybercrime Complaint via Cyber Crime Bureau

The Cyber Crime Bureau, located in Bhotahity, Kathmandu, serves as the central agency for investigating cyber-related offenses. To initiate a complaint here you generally need to follow these steps:

• File a detailed written complaint describing the incident, including specific information such as dates, times, methods used and any known suspects.
• Submit the complaint in person at the bureau or via their official email: cyberbureau@nepalpolice.gov.np.
• Attach any supporting evidence, including screenshots, emails, transaction records, chat logs, or related digital files.
• Once submitted, the Bureau will review the complaint, conduct an initial verification and proceed with an investigation as necessary.

B. Filing a Cybercrime Complaint via Cyber Crime Division of Nepal Police / Police Stations

Alternatively, you may register cybercrime complaints with the Cyber Crime Division of Nepal Police or at the nearest police station, which also falls under the jurisdiction of the Electronic Transactions Act.

There are several options available:

• Send an SMS to 1111.
• Email to 1111@nepal.gov.np.
• Send a fax to 1100.

If you choose to file in person application through Cyber Crime Bureau or Cyber Crime Division of Nepal Police, follow shall be the process for the same:

Step 1:The complainant must personally visit the relevant police office to initiate the filing process.

Step 2:An officer at the police station provides an official complaint form that the complainant must complete.

Step 3:The complainant is required to prepare a written application clearly outlining the cybercrime incident. This should include specific details such as the date, time, nature of the offense, and, if available, the identity of the suspected individual.

Step 4:Along with the written complaint, the complainant must submit any available evidence, such as screenshots, electronic communications, emails, or other pertinent digital proof.

Step 5:Upon receiving the complaint the police conduct an initial investigation to verify facts and clarify any ambiguities before formally registering the case.

Step 6:Once the preliminary investigation concludes and depending on the complexity and seriousness of the case the police may transfer the complaint to the Cyber Crime Bureau for a more detailed investigation.

Step 7:After preliminary investigation, if suspect is found to be guilty, concerned police office will ask you to provide FIR in prescribed format.

Step 8: Issuance of arrest warrant from the concerned district Court.

Step 9: Detail investigation on the case.

Step 10: Submission of investigation report to District Government Attorney.

Step 11: Filing a charge sheet by District Government Attorney to District Court.

Step 12: Bail hearing of Defendant at District Court.

Step 13: Necessary court procedure and final verdict from District Court.

Offenses underMuluki Criminal Code, 2074

Under the Muluki Criminal Code, 2074, cybercrimes related to individual privacy include the following offence and punishment:

1. Unauthorized recording or listening to conversations: Up to 2 years imprisonment or fine up to NPR 20,000 or both.
2. Taking or distorting photos without consent: Up to 1 year in prison or fine up to NPR 10,000 or both. Distorted photos may lead to up to 2 years imprisonment or fine up to NPR 20,000 or both.
3. Selling or sharing photos without consent: Up to 3 years imprisonment or fine up to NPR 30,000 or both.
4. Opening letters or tapping phone calls: Up to 2 years imprisonment or fine up to NPR 20,000 or both.
5. Breaching privacy through electronic means: Up to 2 years imprisonment or fine up to NPR 20,000 or both.
6. Deceitfully making phone calls or messages: Up to 2 years imprisonment or fine up to NPR 20,000 or both.

These offenses protect personal privacy and prohibit misuse of digital tools.

REQUIRED DOCUMENTS FOR CYBERCRIME COMPLAINT

Before you file, gather these important documents:

1. A formal complaint letter.
2. The completed application form.
3. Proof of identification, such as your citizenship certificate or license.
4. Proof of residency.
5. Any digital evidence you might have, like screenshots, chat logs, or emails.

DOCUMENT SUBMISSION

Finally, when you're at the police station, attach all your documents to the application form and complaint letter. The police officer on duty shall help you organize and verify paperwork during the process.