Broadly, the thesis aims to resolve two research questions. Firstly, whether or not the legal regime of cybercrime in Nepal has been able to address current or prospective modus operandi of cyber related crime? And secondly, whether Nepalese legal regime related to cybercrime is in line with the standards set forth in Convention on Cybercrime, 2001 for addressing the cybercrime?.
The dissertation is substantially based on secondary resources such as scholar's article, books, and data from police, annual report of court and informal unstructured discussion with personnel from relevant authorities. Furthermore, the thesis has undertaken empirical study of cases and reports along with unstructured interview with relevant officials using random purposive sampling. After observation of secondary sources, unstructured interview, the paper has used primary sources such as treaties and laws to make a analytical study where the findings has been analyzed and conclusion has been drawn.
Table of Contents
ACKNOWLEDGEMENT
CHAPTER I - INTRODUCTION
1.1. Background
1.2. Research Questions
1.3. Methodology
CHAPTER II – OVERVIEW ON CYBERCRIME
2.1. Introduction
2.2. What are Cybercrime?
2.3. Modus Operandi of Cybercrime
CHAPTER III – CYBERCRIME IN NEPAL
3.1. Nepalese Legal Regime governing Cybercrime
3.1.1. Electronic Transaction Act, 2008
3.1.2. Banking Offence and Punishment Act, 2008
3.1.3. Children's Act 1992
3.1.4. Some Public (Crime and Punishment) Act, 1970
3.1.5. The Patent, Design and Trademark Act, 1965
3.1.6. Copyright Act, 2002
3.1.7. Consumer Protection Act, 1998
3.1.8. Other
3.2. Threat of Cybercrime in Nepal
3.3. Present Scenario
3.3.1. Cases
3.3.2. Complaint registered tendency
3.4. Prospective threats that may arise
CHAPTER 4 – EUROPEAN CONVENTION ON CYBERCRIME
4.1. International perspective
4.2. European Convention on Cybercrime
CHAPTER V – ANALYSIS
5.1. Nepalese legal regime addressing current or prospective modus operandi of cybercrime
5.1.1. Substantive Legal Regime
5.1.2. Enforcement
5.2. Comparison of Nepalese legal regime with Convention on Cybercrime
CHAPTER VI – CONCLUSION AND RECOMMENDATION
6.1. Conclusion
6.2. Recommendation
Bibliography
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