Privacy Laws in Nepal

Privacy Laws have been enacted in Part 3 Chapter 1 of the National Penal Code from Section 293 to Section 304 where it has criminalized Unauthorized Entry to Residence, Unauthorized Photography, Fake Telephone Calls, Threatening Letters or Conversations, Recording Telephone Conversations, etc.

List of Privacy Laws in Nepal

Listening or Recording Others Conversation Section 293

It has been prohibited to listen to or Record conversations between Two or More Persons without Permission in Nepal. The Privacy Law of Nepal states that a mechanical demise cannot be used to listen to or record conversation without their permission or the authorization of a Competent Authority. However, it doesn’t apply to Public Speeches or Statements.

Individuals who listen to or record others without Authorization can face the punishment of Imprisonment for up to two years or a fine of up to NPR 20,000 or Both.

Reveal Confidential Matter Section 294

Further, Nepal has prohibited revealing or Divulging Confidential Matters with Consent. It has been forbidden to disclose confidential information discovered during Professional Work. However, if it has been legally required or permitted, the Information can be shared by the Individual.

Further, an Individual who reveals Professional Confidential Matter in Nepal is subject to Imprisonment for up to one year or a fine of up to NPR 10,000 or both.

Taking Photograph without Consent (Disfiguring) Section 295

Taking a Photograph without Consent is Illegal in Nepal and is punished by National Penal Code Section 295.

It isn’t allowed in Nepal to create an image by blending a photograph or taking a person’s photograph with another person without the consent of the Person being Photographed.

However, if an individual is included in a Photograph of a Public Place unintentionally, it is not considered to be a Crime.

Moreover, if an Individual takes the photo of others without Consent, they are liable to a sentence of Imprisonment not more than 1 year or a fine of up to NPR 10,000 or Both.

Furthermore, it has been prohibited to disfigure the photograph of a person by mixing one person’s photograph with that of another person. Moreover, Publishing Such disfigured Photographs has also been prohibited.

Individuals involved in Disfiguring or Publishing such disfigured Photo are liable to a sentence of Imprisonment less than two years or a fine of up to NPR 20,000 or both.

Giving/Selling Photograph without Consent Section 296

Nepal has prohibited giving or selling Photographs to another person. Further, one cannot publish, publicize, sell, or purchase a photograph with the intent of disturbing, troubling, or annoying another Person for Commercial Purposes.

If an Individual is convicted for giving or selling Photographs without Consent in Nepal, they are liable to a sentence of imprisonment for up to three years or a fine of less than NPR 30,000 or both.

Opening Letters of Tapping Telephone Section 297

It has been forbidden in Nepal to open someone else’s letter or tap/record the telephone conversation of others.

The Section states that a person cannot tap and record another person’s telephone conversation with a Mechanical Device without appropriate Legal Permission from either the Government or the Person.

For committing the Crime mentioned above, Individuals who commit or cause to commit Telephone Tapping are liable to be imprisoned for up to two years or fined up to NPR 20,000 or both.

Electronic Breach of Privacy Section 298

Privacy cannot be breached through Electronic Means in Nepal. If a person obtains unauthorized access to Electronic Communication, Information, and Correspondence by violating privacy, they become Criminally Liable. Further, such Information cannot be transferred or caused to be transferred to another person without Authorization in Nepal.

If Individuals commit an electronic Privacy Breach in Nepal, they can be imprisoned for up to 2 years or fined up to NPR 20,000 or both.

Deceitful Telephone Calls or Message Transmission Section 299

Making Fake Phone Calls is Criminalized in Nepal and can result in punishment such as Fine or Jail. Section 299 has prohibited making Deceitful Telephone Calls or Message Transmission.

The Act has incorporated that no Individual can make fake phone calls or transmit messages either by revealing or not revealing their identity to avoid, deceive, annoy, or trouble another Person.

If individuals commit or cause to commit the Crime mentioned above, they can be punished with Imprisonment for up to two years or fined up to NPR 20,000 or both.

Letters of Dishonest Intention to Cause Annoyance Section 300

Writing Threatening Letters is also made illegal in Nepal by Section 300 of the National Penal Code. The Section has prohibited writing Letters with Dishonest Intention of causing Annoyance to another Individual.

The Act has incorporated that individuals cannot engage themselves in activities with dishonest intention to cause fear, terror, pain, annoyance, or insult to another Person. The Activities mentioned by the Acts include:

1. Making Threats
2. Written or Having Written Letters
3. Pamphlets
4. Documents
5. Electronic Means

As provided by Sub-Section 2 of Section 300, either a Fine or Imprisonment or both sentences can be prescribed for committing this Crime. Individuals who commit it are liable to be imprisoned for not more than one year or fined less than NPR 10,000 or Both.

Searching Others Body Section 301

Nepal has established Criminal Laws for Searching another Person’s Body. Except for Competent Legal Authority, the order of competent authority, or a person involved in Security, no one can search others’ Bodies.

The Search cannot be conducted on another person’s Body, Vehicle, or personal belongings without the consent of the Individual being Searched.

Individuals who illegally search others’ Bodies Personal Belongings or Vehicles can be imprisoned for up to 1 year or fined up to NPR 10,000 or both.

Unauthorized Entry to Others Residence Section 302

Nepal has considered it a Crime to enter into the Residence of Another individual without Consent or Authority. The Act has strictly prohibited unauthorized entry into someone’s house, breaching the House Owner’s Privacy, or searching the House.

Further, entry or searches into a person’s private property shouldn‘t happen without the consent of the concerned House Owner.

However, a competent Legal Authority acting under the Order of the Government of Nepal can conduct such search or Entry by showing the appropriate Order.

Individuals who conduct unauthorized entry to the Residence of Others are liable to a sentence of Imprisonment of not more than three years or a fine of not more than NPR 30,000 or both.

Compensation

If the victim suffers from any form of Damage, Loss, or Injury including Fear and Mental Annoyance, the Criminal must provide reasonable compensation to the Victim including the benefits the Criminal obtained by breaching the Privacy Laws of Nepal.

Statute of Limitation

The Statute of Limitation for reporting cases related to Privacy Laws in Nepal is three months from the date of the Commission of Offence.