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.
Inhaltsverzeichnis (Table of Contents)
- 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 IV – 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
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This dissertation aims to analyze whether Nepalese legal standards adequately address current and future methods of cybercrime. It investigates the existing legal framework in Nepal concerning cybercrime and compares it to international standards, specifically the European Convention on Cybercrime.
- Effectiveness of Nepalese cybercrime laws
- Comparison of Nepalese legislation with international conventions
- Analysis of current and emerging cybercrime threats in Nepal
- Assessment of law enforcement mechanisms related to cybercrime in Nepal
- Recommendations for improving Nepal's legal response to cybercrime
Zusammenfassung der Kapitel (Chapter Summaries)
CHAPTER I - INTRODUCTION: This introductory chapter sets the stage for the dissertation by establishing the context of cybercrime in the 21st century. It highlights the increasing reliance on computers and the internet, emphasizing the growth of cybercrime as a consequence. The chapter introduces the research questions driving the study and outlines the methodology employed. The significance of the study is underscored by the rapid advancements in technology and the need for effective legal frameworks to combat cybercrime.
CHAPTER II - OVERVIEW ON CYBERCRIME: This chapter provides a general overview of cybercrime, defining the term and exploring various modus operandi. It lays the groundwork for the subsequent chapters by establishing a broad understanding of cybercrime's nature and scope, setting the context for a more focused analysis of cybercrime within the Nepalese legal system. The discussion on modus operandi serves as a critical foundation for evaluating the effectiveness of Nepalese law in addressing the evolving tactics of cybercriminals.
CHAPTER III – CYBERCRIME IN NEPAL: This chapter delves into the specifics of cybercrime within the Nepalese context. It examines the existing legal regime governing cybercrime in Nepal, analyzing various acts and laws relevant to this area. A key focus is on evaluating the effectiveness of these laws in combating cybercrime. The chapter also explores the current threat landscape in Nepal, including an analysis of registered cases and emerging threats. This chapter serves as the core of the dissertation, providing a detailed and thorough overview of the Nepalese legal framework and its effectiveness in dealing with cybercrime.
CHAPTER IV – EUROPEAN CONVENTION ON CYBERCRIME: This chapter shifts the focus to an international perspective, examining the European Convention on Cybercrime. It serves as a comparative benchmark for assessing the strengths and weaknesses of the Nepalese legal system. By examining the international standards outlined in the Convention, the chapter provides a valuable framework for evaluating the effectiveness of Nepalese laws and identifying areas for improvement.
CHAPTER V - ANALYSIS: This chapter offers a critical analysis of the Nepalese legal regime concerning cybercrime, drawing upon the findings from previous chapters. It assesses the effectiveness of both the substantive laws and the enforcement mechanisms, comparing them to the European Convention on Cybercrime. The analysis likely highlights areas of strength and weakness within the Nepalese system, providing a nuanced understanding of its capabilities and limitations in addressing cybercrime. This chapter is crucial in synthesizing the information and drawing conclusions about the overall effectiveness of the Nepalese legal response to cybercrime.
Schlüsselwörter (Keywords)
Cybercrime, Nepal, legal framework, Electronic Transaction Act, European Convention on Cybercrime, law enforcement, data protection, online fraud, intellectual property crime, comparative analysis.
Frequently Asked Questions: Analysis of Nepalese Legal Standards in Addressing Cybercrime
What is the main focus of this document?
This document provides a comprehensive preview of a dissertation analyzing the adequacy of Nepalese legal standards in addressing current and future methods of cybercrime. It compares the Nepalese legal framework with international standards, specifically the European Convention on Cybercrime.
What topics are covered in the document?
The document covers a range of topics, including an overview of cybercrime, a detailed examination of the Nepalese legal regime governing cybercrime (including specific acts and laws), an analysis of the European Convention on Cybercrime, a comparative analysis of the Nepalese and European systems, and an assessment of law enforcement mechanisms in Nepal.
What is the structure of the dissertation preview?
The preview includes a table of contents, a statement of objectives and key themes, chapter summaries, and a list of keywords. The table of contents details the structure of the dissertation, outlining the specific topics covered in each chapter.
What are the key objectives of the dissertation?
The dissertation aims to analyze the effectiveness of Nepalese cybercrime laws, compare Nepalese legislation with international conventions (specifically the European Convention on Cybercrime), analyze current and emerging cybercrime threats in Nepal, assess law enforcement mechanisms, and provide recommendations for improving Nepal's legal response to cybercrime.
What specific Nepalese laws are discussed?
The dissertation examines several Nepalese laws relevant to cybercrime, including the Electronic Transaction Act, 2008; the Banking Offence and Punishment Act, 2008; the Children's Act 1992; Some Public (Crime and Punishment) Act, 1970; The Patent, Design and Trademark Act, 1965; the Copyright Act, 2002; and the Consumer Protection Act, 1998.
How does the dissertation compare the Nepalese legal system to international standards?
The dissertation uses the European Convention on Cybercrime as a benchmark for comparison, analyzing the strengths and weaknesses of the Nepalese legal system in addressing various aspects of cybercrime. This comparative analysis helps identify areas where improvements are needed.
What aspects of the Nepalese legal regime are analyzed?
The analysis includes both the substantive legal regime (the laws themselves) and the enforcement mechanisms (how the laws are implemented and enforced). The effectiveness of both aspects in combating cybercrime is assessed.
What are the key findings or conclusions (as previewed)?
The preview doesn't explicitly state the findings, but it implies that the dissertation will offer a critical analysis of the Nepalese legal response to cybercrime, highlighting areas of strength and weakness and providing recommendations for improvement based on the comparison with international best practices.
What are the keywords associated with this dissertation?
The keywords include: Cybercrime, Nepal, legal framework, Electronic Transaction Act, European Convention on Cybercrime, law enforcement, data protection, online fraud, intellectual property crime, and comparative analysis.
What is the intended audience for this dissertation?
The intended audience is likely academics and professionals interested in cybercrime law, comparative law, and the legal systems of Nepal and Europe. The document explicitly states that the OCR data is intended solely for academic use.
- Citation du texte
- Prabin Subedi (Auteur), 2014, Cybercrime in Nepal, Munich, GRIN Verlag, https://www.grin.com/document/305565
