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

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