A
STUDY ON CYBER CRIME AND LEGAL PROVISION WITH REGARDS CYBER LAW IN NEPAL
A Project Work Proposal
Submitted
By:
Bikash
Karki
Nepal
Law Campus
T.U.
Reg. No: 7-1-7-1141-2006
Exam Roll No: 70033 (LLB 1st
Year)
Campus
Roll No: 3442/072
Submitted
To:
Research
Department of
Nepal
Law Campus
Tribhuvan
University
In
Partial Fulfillments of the Requirements for the Degree of
Bachelor
of Law (LLB 3rd Year)
Exhibition Road, Kathmandu, Nepal
January,
2018
CHAPTER
-1
INTRODUCTION
1.1
General Background
Computers
and the Internet has now become backbone for virtually all facets of modern
life, from personal communications and finance to the processing and management
of electrical grids and power plants are being dependent with computer and internet.
In today's 21st Century, our lives have been dominated by computers and
communication networks. The advent of computers has had far-reaching effects
and, although some people may not have had the opportunity to navigate the
“digital highway” directly, they probably have been touched in other ways.
Although the growth of technology in present era has resulted in flaunt of
commercial growth, thriving economies and spread of democracy, on the other
hand it has also resulted in increment of cost. One such cost that we now face
is a new twist on traditional crime–cybercrime. Criminological research has
expanded its focus over the last two decades to address the various forms of
technology-enabled crime and the applicability of traditional theories to account
for offending. The rapid growth of the information and communication technology
(ICT) networks in cyberspace has created new opportunities for criminals in
perpetrating crime, and to exploit online vulnerabilities and attack countries’
critical information infrastructure. As a result of intensification of
information technology, the modus operandi in commission of crime has resulted
in abet of technology in committing crime. The crime of fraud or defamation or
forgery that used to be committed traditionally by use of paper or verbal way
have now turned to be committed in social networking or e-commerce. These
crimes have been occurring since the creation of the internet and technology.
If there is information to be shared, there is information to be sabotaged. The
challenge is countered by every online individual, company or organization
across the globe.
Nepal, a
landlocked country positioned in South Asia cannot be exceptional territory for
commission of cybercrime. The incidence of cybercrime in Nepal is directly
proportional to the level of progress made in Nepal in information technology.
The internet users in Nepal have been rampantly increased. As per the data
provided by International Monetary Fund, there were 50,000 internet users in
Nepal in 2000 which has increased to 2,690,162 in 2012 as on 2017 it increased
to 6,400,000 According to the World Bank; internet penetration had reached 13.3
percent in Nepal as of December 2013. Increase in internet user has
certainly increased the instances of cybercrime in Nepal. As discussed in later
chapter of this thesis, newspaper reports, police reports, the database of the
police, judicial decisions and data from scholars' articles support the fact
that Nepal has been evidenced as a hub for increasing cybercrime in recent
days. The media almost daily reports cases regarding cybercrime in Nepal, which
however is not same when researcher examines the report of courts and police,
which means that the instances of cybercrime are either unreported or the
perpetrator is not invoked with offence. The thesis aims to address the issue
of instances of cybercrime being unreported or not being invoked. Thus this
thesis broadly intends to highlight the present modus operandi of instances of
cybercrime and evaluate whether or not the existing substantive laws of Nepal
have been able to address the growing new pattern of commission of crime.
1.2 Statement of the Problems
·
Does
Nepal have any system to track down convicts of online misuse of information
system?
·
Does
the law helped to control cyber crime?
1.3 Objectives of the Study
·
To
explore best legal provision in regards with cyber law.
·
To
explore the issues & challenges in relation to cyber law and its
administration of Nepal.
·
To know
the previous data related to cyber crime in Nepal.
1.4Limitations of the Study
This study will have
some limitations. Basically the study is done far partial fulfillment of Bachelor
of Law. Time constraints, financial problem and lack of research experience
will be the primary limitations and the research is mostly doctrinal based on
intensive literature review and desk review. Empirical work is done taking very
limited purposive samples.
1.5
Importance/signification of study
This study aims to come
up with the research based findings on the legal problems and challenges faced
by the private sector in electronic transaction system. The study will benefit
the researchers, the government and private stakeholder in electronic
transaction sector, the academicians, professors and student to understand
where changes are required in the near future. The study, through its findings,
will also help to induce changes in the laws where it is required.
1.6
Organization of the
Study
The study is organized
into fifth chapters. The titles of each of these chapters are summarized and
the contents of each of these chapters of this study are briefly mentioned
below:-
Chapter-I:
Introduction
The first chapter of
the study is introduction, which highlighted the basic information of the
research area, various problems, objectives, importance, limitations and
organization of the study with the subject matter consisting of historical
information of Cyber Crime and Cyber law in Nepal.
Chapter-II:
Review of Literature
The second chapter of
the study assures readers that they are familiar with important research that
has been carried out in similar areas by earlier scholars in related areas. It
also establishes that the study link in a chain of research that is developing
and emerging knowledge about concerned field.
Chapter-III:
Research Methodology
The third chapter
describes the research methodology adopted in carrying out the present
research. It deals with research design, sources of data, data processing procedures,
population and sample and period of the study.
Chapter-IV:
Data Presentation and Analysis
The fourth chapter is
concerned with presentation, analysis and interpretation of data. The segment
where the data required for the study are presented analyzed and interpreted by
using the tools and technique in specified form to meet the stated objectives
of the study.
Chapter-V:
Summary, Conclusion and Recommendation
The fifth and the final
chapter are concerned with the suggestive framework that consists with the
overall findings, conclusions and recommendations of the study.
Besides above chapters,
this study paper consist a separate appendix and bibliography for those
materials and books which are used in the process of preparing this thesis
report. It also gives important suggestions to the concerned organization for
better improvement.
