This topic on "An overview of cyber-crime, cyber law with comparative study on ETA 2063 of Nepal and IT Act 2000 of India" is very relevant in the present context of developing and developed economy such as Nepal and India respectively. Creating rules and laws binding on nations is a matter for international negotiations and mutual acceptance by governments. The strong nations have the power to make the rules in their favour and the authority to implement those rules. But, an undeveloped nation cannot bargain and is unable to afford these international sets of rules and policies. They are compelled but not compatible.
In twenty first century the world has emerged as a global village and hence business, trades and all the international institutions, all the nations are being compelled to be a part of Cyberspace. In simple concerns, Cyberspace and cyber world are the most useful method for exercising the fundamental right of freedom of expression as in this world everybody has equal right to express their thoughts in front of large public, but this cyberspace has also been giving an open space for the cyber users to misuse the power of cyber world by giving the cyber users unauthorized access to infringe into the accounts of others.
Table of Contents
Chapter I
1. Introduction
1.1 Background
1.2 Statement of problem
1.3 Objectives
1.4 Significance of study
1.5 Scope of study
1.6 Operational definitions of key terms
1.7 Review of literature
1.8 Methodology
1.9 Organization of study
Chapter II
2. Conceptual framework of cyber-crime and related laws in Nepal and India
2.1 Concept of cyber, cyber-crime and cyber law
2.1.1 Cyber
2.1.2 Cyber-crime
2.1.3 Cyber law
2.2 Development of cyber laws in Nepal and India
2.2.1 In Nepal
2.2.2 In India
2.3 Types of cyber-crime
2.4 Effects of cybercrime
a. Identity Theft
b. Security Costs
c. Monetary Losses
d. Piracy
2.5 Need for cyber law
Chapter III
3. Cyber laws in Nepal and India
3.1 In Nepal
3.2 Cases of Nepal
3.2.1 SapanaThapa vs. BidhurPrashadBhatta
3.2.2 Police vs. KirtanPokhrel
3.3.3 Maya Rai (Disguised name of the victim) vs. TikaBahadurMagar and two others
3.3.4 Government of Nepal vs. Ravi Kumar Kesari
4. In India
4.1 Cases of India
4.1.1 Avnish Bajaj vs. State famously known as Bazee. Com case 2005
4.1.2 Sreekanth C. Nair vs. Licensee Developer (2008) blocking of website
4.1.3 Kent RO systems ltd and ANR vsAmitKotak and ORS (EBAY- JAN 2017)
4.1.4 Comparison between IT Act and ETA Act :
5. Findings/Conclusion/Suggestions
5.1 Findings
5.2 Suggestions
5.3 Conclusions
6. Bibliography
Objectives & Core Themes
This seminar paper explores the legal frameworks governing cyber-crime in Nepal and India, aiming to compare the Electronic Transaction Act (ETA) 2063 of Nepal with the Information Technology Act 2000 of India to identify their respective strengths and weaknesses.
- Overview of cyber-crime types and technological impact.
- Comparative analysis of ETA 2063 (Nepal) and IT Act 2000 (India).
- Case studies of cyber-crimes in Nepal and India.
- Challenges in law enforcement and jurisdictional issues in cyberspace.
- Recommendations for strengthening legal standards and public awareness.
Excerpt from the Book
2.1.2 Cyber-crime
“Cyberspace must be one of the most contested words in contemporary culture. Wherever the term appears, it becomes the subject of speculation and controversy, as critics and proponents argue over its function and future. This tug of war over the terrain of cyberspace has generated more confusion and revealed more paradoxes than it has created clarity.” -Michelle Kendrick
"Because of its technological advancements, today’s criminals can be more nimble and more elusive than ever before. If you can sit in a kitchen in St. Petersburg, Russia, and steal from a bank in New York, you understand the dimensions of the problem." -Former U.S. Attorney General Janet Reno
Cyber-crime encompasses any criminal act dealing with computers and networks. Cyber-crime also includes traditional crimes conducted through the internet. It is not defined in IT Act, 2000, neither in the IT amendment Act 2008 nor in any other legislation in India. Offence or crime has been dealt with elaborately listing various acts and the punishments for each under the Indian Penal code 1860 and quite a few other legislations too. Hence to define cyber-crime we can say it is “just a combination of crime and computer”.
Summary of Chapters
Chapter I: Introduces the research topic, background, objectives, and methodology regarding cyber-crimes and the need for legal regulation in the e-age.
Chapter II: Provides a conceptual framework defining cyber-crime, its types, and the initial development of cyber laws in Nepal and India.
Chapter III: Details the specific cyber law regimes in both countries, including significant legal cases, analysis of current statutes, and a comparison between the ETA Act and the IT Act.
Findings/Conclusion/Suggestions: Summarizes the study's conclusions, highlighting the need for modernized, specific cyber laws and improved law enforcement training in both nations.
Keywords
Cyber-crime, Cyber Law, ETA Act 2063, IT Act 2000, Digital Signature, Hacking, Identity Theft, Nepal, India, Electronic Transaction, Cyberspace, Jurisprudence, Cyber terrorism, Online Fraud, Legal Framework.
Frequently Asked Questions
What is the fundamental focus of this seminar paper?
The paper provides a comprehensive overview of cyber-crimes and cyber laws, focusing on a comparative analysis of the legislative frameworks in Nepal (ETA 2063) and India (IT Act 2000).
What are the primary themes addressed in the study?
The core themes include the definition and evolution of cyber-crime, the technological threats posed to modern society, and the effectiveness of current national laws in addressing these transnational issues.
What is the main goal or research question?
The primary objective is to evaluate and compare the legal provisions concerning cyber-crime in Nepal and India to understand the pros and cons of their respective cyber laws.
Which scientific methods are applied in this research?
The research is based on a doctrinal study, utilizing both primary legal sources (constitutions, acts, and regulations) and secondary sources (articles, journals, and books) alongside specific case law analysis.
What content is covered in the main body of the paper?
The main body examines the conceptual framework of cyberspace, categorizes various cyber-crimes, reviews the historical development of relevant laws, and analyzes specific cases from both Nepal and India.
Which keywords best characterize this research?
Key terms include Cyber-crime, Cyber Law, ETA Act 2063, IT Act 2000, Electronic Transaction, and cross-border cyber jurisdiction.
How does the author characterize the effectiveness of Nepal's current cyber laws compared to India?
The author argues that Nepal's legal framework is currently inadequate and inactive, suggesting that India’s legislative and enforcement mechanisms are more robust and should serve as a model for Nepal.
What is the author's stance on international cooperation regarding cyber-crime?
The author emphasizes the need for an international regulatory or monitoring body with binding authority to handle jurisdictional complexities, as domestic laws are often insufficient for transnational cyber offenses.
- Citation du texte
- Pallavi Neupane (Auteur), 2016, An overview of cyber-crimes and cyber law in India and Nepal, Munich, GRIN Verlag, https://www.grin.com/document/456973
