WELCOME TO NEPAL POLICE

A PRESENTATION ON

CYBER CRIME IN

NEPALESE PERSPECTIVES

OBJECTIVES OF PRESENTATION

• The Nepal police's perspective on cyber crime issues.

• The know how of cyber crime response and lesson

learnt so far.

• Cyber crime in Nepal and the law into force.

• Investigation and Prosecution.

• Some other related issues.

CAUSE FOR ELECTRONIC TRANSACTION

ACT (BACKGROUND)

In Nepal, organization, business houses started using the electronic transactions when the government was lacking the law, rules and regulations.

ELECTRONIC TRANSACTION ACT AS CYBER LAW IN TO EFFECT

• A cyber crime (electronic transaction) legislation committee has on February 4, 2004 presented an ordinance to House of Representatives.

• The House of Representatives has on March 4, 2004, made a recommendation for an Act amending the Penal Code and the ratification and was first enacted as an ordinance. And It was enacted as an act on 2006 and entered into force.

The main purpose of this act (law) is to legalize the electronic transactions and digital signatures for both private and public transactions, protecting the electronic documents from the unauthorized access and to control the illegal activities or the cyber crimes. This act has 12 sections and 79 clauses. Electronic Transaction Act 2006 is here to fore addressed in the capacity of cyber law.

MAIN PURPOSE OF THE CYBER LAW

The act has clearly defined the rights, duty and authorities of the subscribers, network service provider etc. The act had provision of separate judicial bodies, IT Tribunal and Appellate Tribunal. The both Tribunal look into all cases related to computer crime and the cyber crime. The IT tribunal is headed by the District Court Judge and has 3 members.

WHAT CYBER LAW IN NEPAL DEFINES?

Theft of computer source code, unauthorized access, destructing the computer and computer system, illegal publication, violation of privacy, providing wrong information, compute fraud etc are known as computer (cyber) crime.

DEFINITION OF CYBER CRIME

This act has encouraged the use of information technology for business houses and other offices. Especially for the banks, that start the electronic transactions such as internet banking, SMS banking, Tele banking, ATMs, Credit Cards, Debit Cards effective delivery service etc.

POSITIVES OF CYBER ACT

TYPES OF CYBER CRIME COMPLAINTS RECORDED IN

CRIME DIVISION

• Many threat and extortion e-mails• Many renowned companies received spam mails

from proxy hot mails, yahoo, G-mail demanding money on the name of mainly insurgents groups and so called armed groups.

• Hacking of newspaper's website by replacing the original content with threat to attack.

• mutilation girl image and pasted on the porno site• Copy cats of intellectual properties

INVESTIGATION AND PROSECUTION

• The cyber crime is regarded as the crime against the STATE and it is enacted with the transnational enforcement against the breaching of the law for any individuals involved.

• Nepal Police as an interested and authorized investigation and enforcement agency for the cyber crime duly performs the jobs assigned and related to crime investigation, discovery and exploration.

FIR TIME/LIMITATIONS FOR CYBER CRIME COMPLAINTS

• The Cyber law 2006 dictates the limitation for complaint with in 35 days of first knowhow of crime and breaching of the cyber law

CYBER CRIME AND PUNISHMENT

• The punishment varies from Rs. 50000 to Rs. 300000 penalty and 6 months to 5 years imprisonment as the attempts to discourage the cyber crime.

PACE OF NEPAL GOVERNMENT AGAINST THE CYBER CRIME

With the explosive growth of the Internet nation wide, computer crimes increasingly are prone to have international dimensions. Some of the challenges faced by law enforcement on the international front include: harmonization of countries' criminal laws; locating and identifying perpetrators across borders; and securing electronic evidence of their crimes so that they may be brought to justice. Complex jurisdictional issues arise at each step. The government of Nepal is working with foreign governments through many channels to address global threats related to cyber crime as well.

CHALLENGES IN INVESTIGATION OF CYBER CRIMES

• Internet and the computers as the Scene of Crime there are many types of computer crime that exist, as well as the legal and technical challenges that face law enforcement and prosecutors in their efforts to combat this crime.

• Investigator's skills (not trained) to combat cyber terrorism.• knowhow of cyber security• high-tech crimes and confusions• Low participation of tech groups and less co-operation of

resource groups• Imitation of traditional perspective for defining cyber crime.

An challenging aspect of cybercrime is its nonlocal character: actions can occur in jurisdictions separated by vast distances.

• Creating a Safer Information Society by Improving the Security of Information Infrastructures .

EFFORTS OF NEPAL POLICE TO FIGHT CYBER CRIME

• Intervention through the use of wireless technology, mobile phones, proxy intelligence.

• Deployment of trained police personnel.• public awareness programs.• Law into swift enforcement and offenders

publicity.• Immediate circulation of international

criminals through INTERPOL.• Co-operation with neighboring countries.

PROVISION OF REPORTING CYBER CRIMES

• Internet-related crime, like any other crime, should be reported to appropriate law enforcement investigative authorities at the local, state national levels, depending on the scope of the crime.  Citizens who are aware of cyber crimes should report them to local offices of national law enforcement.

• The primary law enforcement agencies that investigate domestic crime on the Internet include: the District Police Offices through out Nepal ( However Not all the district in Nepal have the access to internet and computer) and for the Metropolitan level reporting the Metropolitan Crime Division and subsequent police Range offices Each of these agencies has offices conveniently located in every district headquarters to which crimes may be reported. Contact information regarding these local offices may be found in local telephone directories. In general, crime may be reported to the local office of an appropriate law enforcement agency by a telephone call and by requesting the "Duty Complaint handling officer or by the toll free call on 100".

• Each law enforcement agency also has a chain of command links to police headquarters (HQ) in Kathmandu which has agents who specialize in particular areas. We also have Police headquarters-based specialists in computer intrusion (i.e., computer hacker) cases.

• Written FIR will be taken upon the convenience of the victim.

what to determine some of the investigative law enforcement agencies that may be appropriate for reporting certain kinds of crime, please refer to the following table: Any police office in Nepal is responsible to register the complaint however the FIRs could be channelized later to concerned

expert offices.

Who is responsible for what?• WHAT?• Computer intrusion (i.e.

hacking)

• Pornography or Exploitation 

• Child Exploitation and Internet Fraud matters that have a mail nexus

• Internet fraud and SPAM

• Internet harassment• Internet threats

• RESPONSIBLE• Appropriate investigative

law enforcement agencies • District Police Offices of

Police Headquarters or Local Police office

• Local Police Office or Police Headquarters

• Metropolitan Crime Division

• Metropolitan Crime Division

• Metropolitan Crime Division

TYPES OF CYBERCRIME INTO AFFECT• Black mailing • E-mail Threats• Computer Fraud• Trafficking• Digital Piracy• Counterfeiting• Hacking • Internet use to cause public disturbance• Identity theft and invasion of privacy• Internet fraud• ATM fraud• Wire Fraud• Networking business fraud• Internet Porno • Creating Computer viruses• Sabotage and denial of e-service (Trojan Horse)• Hijacking of government and corporation web sites• Theft of intellectual property• Online abuses

MAIN THESIS WE MUST UNDERSTAND

The problem facing us today is the rapid progress of technology which has found its way around existing social control systems and allowed individuals to do as they please with this technology. The law and the government are struggling to catch up but we feel that it is also important to bring the common man into the fight against cyber crime.

OUR MISSION FOR CYBER EDUCATION AND CYBER SECURITY

• We live in an exciting time in history. The widespread availability of computers and Internet connections provides unprecedented opportunities to communicate and learn. Unfortunately, although most people use the Internet as a powerful and beneficial tool for communication and education, some individuals exploit the power of the Internet for criminal or terrorist purposes.

• We can minimize the harm by learning ourselves, and teaching or sharing with in our circle of concern, how to use the Internet safely and responsibly. The term "cyber education "refers to a code of safe and responsible behavioral practice for the Internet community.

• Creating a safer society• Efficient Investigation• Effective Discovery of Crime

Acknowledgements

• Web dictionary• Crime Division Record Section

Thank you for

your kind Indulgence and participation