Electronic Transaction Act 2063 (2008)- ETA 2063 Nepal

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2561
Electronic transaction act

2053 – Doorsanchar Act
2059 – Copyright Act
2061 – Electric Transaction Ordinance

What is electronic Transaction?

The electronic transaction is :

– transactions of electronic records data by using any types of electronic means.
– contains electric records and valid digital medium.
– the exchange of all types of records which are in the form of electronic.

Objectives of the Electronic Transaction Act 2063

  1. To make legal provision for authentication and regulation of electronic data.
  2. To make a reliable date generation, communication, and transmission.
  3. To make a secured and authentic means of electronic communication.
  4.  To regulate all the relating matters of electronic transactions.

Scopes of the Electronic Transaction Act 2063

  1. Creation and use of digital signature
  2. Control cyber/computer-related crimes.
  3. Protection of intellectual property.
  4. Protection of confidentiality.
  5. Regulations of an electronic transaction by establishing regulating bodies  – such as

– Office of Certificate Control (OCC)
– Certificate Agencies (CA)
– Subscribers

Major provisions of the Electronic Transaction Act 2063

1. It has the provision relating to electronic records and digital signature.
2. It has the provision relating to dispatch, receive an acknowledgment of electronic records.
3. It has the provision of few regulating bodies and their functions, rights, and duties such as –

– Office of Certificate Control (OCC)
– Certification Agencies (CA)
– Subscriber 

4. It has the provision relating the use of digital signature and certificate.
5. It has the provision relating to government use of the digital signature.
6. It has a provision relating to the computer network and network services providers.
7. It has the provision relating to computer-related crimes and punishments.
8. Provision of IT tribunal is defined as the first jurisdictional and appellate jurisdiction. IT tribunal (सूचना प्रविधि न्यायाधिकरण )

– First Jurisdictional (पहिलो क्षेत्राधिकार )
– Appellate Jurisdictional (पुरावेदकीय क्षेत्राधिकार )

9. It defines a few documents which this act is not applicable for

– All the negotiable instrument defined by the “Negotiable Instrument Act 2034”
– All the documents related to the ownership of properties (dhanipurja, laalpurja ect).
– Any documents which are used as a primary document in the court process


Q.What is a cyber crime? Outline the major computer-related crime defined by Electronic Transaction Act and also mention the provision of punishment.

– Cyber crime is a crime committed by using cyber means/computer technology. Cyber crime is also known as computer-related crime. All the illegal activities committed by using or with the application as computer technology such as –

  • Damage to computer and computer system.
  • Acts to gain illegal access into the system.
  • Use as weapons to commit other crimes.
  • Acts against the provision of cyberlaw.

Some examples of cyber/computer crimes are

  • Creating fake documents
  • Blackmailing/social media abuse
  • Distribution of pornography materials
  • Misuse of electronic cards
  • Piracy of intellectual properties
  • Spreading computer viruses/malware

Major computer-related crimes and punishments 

Pirate/ Destroy/Alter computer source code

Unauthorized access in the computer system 

Damage to computer and computer system

  • Up to 3 years of imprisonment, or up to 2 lakh fine or both

Distribution of electronic materials in electronic form – Not to publish the prohibited materials which are prohibited by prevailing laws, the materials which may create jeopardy in social harmony, spread hate and jealousy, materials which may create harassment to women trafficking, pornography materials

  • Up to 5 years imprisonment or up to 1 lakh or both

Disclose of Confidentiality 

Deform false statement by parties at the time of the electronic transaction

  • Up to 2 years imprisonment or 1 lakh fine of both

Display and submit false license for electronic means

  • Only display 1 lakh fine
  • Display+submit and perform = 2 years imprisonment or 1 lakh fine or both

Non-submission of prescribed statements

  • Up to 50,000 fine

Computer fraud

  • Compensate claim amount
  • Fine up to 1 lakh and 2 years of imprisonment or both

Computer fraud

  • For abetment fine up to 50,000 and up to 6 months imprisonment

For accomplice 

  • Half of the main convicted

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