Law / Nepal

Electronic Transactions Act, 2063, unauthorised access to computer materials

Electronic Transactions Act, 2063 (2008), s. 45

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: http://www.lawcommission.gov.np/en/wp-content/uploads/2018/10/electronic-transaction-act-2063-2008.pdf

In force since .

A computer misuse rule binding public and private bodies.

Obligation class
Access restriction
Audit expectation
none

What it requires

  • Do not use a computer to access a programme, information, or data without the authorisation of its owner or the person responsible for it, or in a manner contrary to the terms of an authorisation given.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
NIST AI 600-1
OWASP LLM Top 10
OWASP Agentic Top 10
  • ASI03Identity and Privilege Abuse
MIT mitigations Draft
  • 2.1Model & Infrastructure Security
  • 3.2Data Governance
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

A fine not exceeding NPR 200,000, or imprisonment not exceeding three years, or both, depending on the seriousness of the offence (s. 45).

Penalty structure

Fine only under section 45; the same subsection also permits imprisonment of up to three years instead of or in addition to the fine, depending on the seriousness of the offence.

Rule
Fixed only
As of
Currency
NPR
Fixed cap
200,000

What it makes you log

Logging duty

Section 45 makes it an offence to use a computer without the owner's authorization, or contrary to an authorization, with intent to access a programme, information or data in it. It imposes no duty to create, keep, produce or review a log or record. Section 55 reaches an offence committed from outside Nepal only where it involves a computer, computer system or network located in Nepal, a location-of-the-system test, so no hook value is set.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 45 makes it an offence for a person, with intent to access a programme, information, or data of a computer, to use that computer without the authorisation of its owner or the person responsible for it, or, even holding authorisation, to act contrary to the terms of that authorisation with intent to access a programme, information, or data.

The offence is defined by the absence or excess of authorisation, not by the technical method of access, so it does not on its face distinguish a public, unauthenticated page from one behind a login. Section 1(3) extends the Act throughout Nepal and to any person committing an offence against it from anywhere.

When LexLint raises it

When your app profile says your app crawls the web or trains models.

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