Nepal's ability to effectively engage in international cooperation for obtaining digital evidence in crossborder cases. 21
3.3 Admissibility of Digital Evidence in Judicial Proceedings of Nepal
i. Commission for the Investigation of Abuse of Authority versus Prem Bahadur Thapa22
When investigating corruption using espionage, it is necessary to adopt appropriate methods while
closely monitoring suspicious individuals, proving the amount seized in case of bribery between any
service recipient and government servant, preparing audio-visual evidence through technology,
searching for the source of acquired property, conducting scientific collection and examination of
evidence. This decision highlights the need of supportive evidences, which can be in digital form for
supporting the case presented by the investigating authority.
ii. Baburam Aryal versus Office of the Prime Minister and Council of Ministers 23
Established international telecommunications service providers must ensure the protection of the
privacy and confidentiality of individuals and related data when providing any telecommunications
service to them. Someone's information cannot be disclosed on the basis of third party's influence or
temptation without any specific legal order or formal letter with prior authority. Failure to provide
other parties with access to information without specific legal orders or prior authorization may lead
to undue pressure or influence on others.
The protection of information stored in a data bank by information service providers, whether
pertaining to individuals, organizations, or the government itself, is not only a matter of individual
rights and interests but also applies to the rights of the state and security interests. It is necessary for
other organs or bodies of the state to also respect and protect such information, along with the
executive and its employees, to the extent necessary. Failure to do so would constitute improper or
criminal attempts to breach it.
21
Mark Kersten, Challenges and Opportunities: Audio-Visual Evidence in International Criminal Proceedings
Posted on March 4, 2020, cited on https://justiceinconflict.org/2020/03/04/challenges-and-opportunities-audiovisual-evidence-in-international-criminal-proceedings/
22
Decision No. 10958 - Corruption (Bribery) Part: 64 Year: 2079 Month: Magh Volume: 10 Decision Date:
2078/08/21 442 Decision Date: 2078/08/21, 075-CR-1472
23
Decision Number: 9740 - Appeal / Order Section: 59 Year: 2074 Month: Baisakh Volume: 1 Decision Date:
2072/10/21 7597, Decision Date: 2072/10/21 069-WO-0268
17