Table of Contents
Introduction to Cybercrimes
Cybercrimes are illicit Criminal activities executed through digital means, primarily employing computers, mobile devices, and the internet, prosecutable by Criminal Law.
These activities consist of a diverse array of offenses, including hacking, phishing, identity theft, online fraud, malware, and unauthorized access to computer systems or data.
Cybercrimes are deemed illegal due to the jeopardy they pose to the safety and integrity of the digital realm.
They can result in financial losses, privacy apprehensions, exposure of personal information, and defamation.
Laws Governing Cybercrimes in Nepal
The Electronic Transactions Act of 2063 is the principal legal framework for regulating cybercrimes in the digital domain.
The preamble of the act establishes its necessity for controlling the legitimate utilization of electronic records and preventing their unlawful alteration.
The act itself comprises 80 sections and encompasses provisions concerning electronic records, digital signatures, and certifying authorities.
Nevertheless, the act does not explicitly outline the procedure for initiating a cybercrime case or lodging a complaint in Nepal.
Procedure for Filing a Cybercrime Case/Complaint in Nepal
Due to their recurrent occurrence, cybercrimes have become easier to report in Nepal. Nonetheless, initiating a case or complaint is a difficult matter in Nepal.
Those filing cybercrime cases must present genuine evidence without any deceptive claims, with the intent of manipulation.
Approach the Nearest Police Office or Nepal Police Headquarters
The initial step in filing a cybercrime complaint involves visiting the nearest police office or directly reaching the Nepal Police Headquarters in Naksal, Kathmandu.
Draft a Formal Complaint Letter
Upon arrival, you are required to compose a formal complaint letter addressed to the Cyber Bureau.
This letter should contain pertinent details about the complaint, including the nature of the crime, date of the incident, and the involved parties.
Complete the Application Letter Details
After composing the complaint letter, you must also complete an application letter provided by the police office.
In this letter, you should accurately provide your information and furnish details such as contact information, a description of the incident, and personal particulars.
Required Documents for Cybercrime Complaint
The documents and evidence necessary for a cybercrime complaint encompass the following:
a) Formal complaint letter
b) Application form
c) Proof of identification, such as citizenship or a license
d) Proof of residency
e) Any available evidence of the cybercrime, such as screenshots, chat logs, emails, or other digital evidence.
Before visiting the police station, ensure that you have gathered these documents. Subsequently, attach these documents to the application form and the complaint letter.
The officer assisting you will aid in the proper organization of these documents during the submission process.
Police Office Review
Upon the submission of the pertinent documents, a police officer conducts a review to ensure adherence to all required procedures.
They also assess the legitimacy of the complaint and ascertain the jurisdiction of the crime. If the application requisites have been met, they notify you and ensure the pursuit of the case.
In the event of deficiencies in your submission, they provide you with the necessary amendments.
Investigation of the Complaint
Once the complaint is validated, the police initiate an investigation into the cyber complaint. The Cyber Bureau of Nepal is responsible for handling cybercrime complaints.
They gather supplementary information, summon the opposing party, and accumulate all evidence.
Subsequently, they inform you and offer the option to file an FIR or acknowledge the absence of evidence and the weaknesses in the case before discontinuing it.
Online Cybercrime Case/Complaint in Nepal
To address the growing number of cybercrime complaints in Nepal, online registration of cybercrime complaints has been introduced. This allows the police authority and the Cyber Bureau to promptly address received complaints, bypassing the usual protracted procedures.
Compile Essential Evidence on Your Device
Prior to contacting the Cyber Crime Bureau’s email, you must gather all relevant evidence linked to the cybercrime incident.
You need screenshots of chats, emails, or any other communication that substantiates the occurrence of the crime.
Possess an ID Card or Citizenship
Furthermore, you must ensure the possession of a valid identification document, such as a citizenship or license card, or any other document confirming your Nepali citizenship.
A photo of the document suffices instead of the customary photocopy.
Email the Cyber Crime Bureau at (firstname.lastname@example.org)
Once you have compiled the required evidence and identification, you should contact the Cyber Crime Bureau of the Nepal Police. Typically, you can email them at email@example.com.
In the subject line of the email, indicate “Cyber Crime Complaint” or something pertinent to your case. Attach your email with the relevant evidence and your identification details.
Subsequently, provide a succinct account of the incident and all pertinent information related to your case.
Await Validation or Review
Following the aforementioned procedure, send the email and await further communication.
If you are uncertain whether the complaint has been registered, you can call 100 or the Cyber Crime Bureau for appropriate assistance.
Generally, the bureau will evaluate the information and evidence and apprise you of the forthcoming steps required in the case.
In Nepal, the process of filing a cybercrime complaint has become more accessible due to well-defined procedures.
Complaints can be filed either online via email or offline through an in-person visit to the nearest police station.
In the latter case, you must complete an application form, attach relevant documents, and await subsequent communication.
In the online approach, you need to submit an email to the Cyber Crime Bureau containing relevant evidence and identification details, and await their evaluation.