v. National Cybersecurity Policy 2080 (2023)
While not a law per se, Nepal has a national cybersecurity policy which outlines strategies for
addressing cybersecurity challenges, including cybercrimes and the protection of digital information.
This policy can guide on handling digital evidence related to cybercrimes.
3.2 Facilitating State Access to Digital Evidence Across Borders: Legal
Frameworks and Mechanisms
Nepal's legal framework for requesting and obtaining digital evidence from abroad in cross-border
cases primarily relies on international cooperation mechanisms and domestic legislation. While Nepal
does not have specific bilateral treaties or legislation dedicated solely to this purpose, it engages in
mutual legal assistance through mechanisms such as Mutual Legal Assistance Treaties (MLATs) and
international conventions. MLATs establish procedures for requesting and aiding in criminal matters,
including the exchange of digital evidence, while international conventions such as the Budapest
Convention on Cybercrime offer frameworks for cooperation in combating cyber threats. However,
Nepal has neither executed such bilateral treaties for mutual legal assistance nor has been party to the
international or regional legal framework for cooperation in evidence sharing.
According to Mutual Legal Assistance Act 2070 (2014),19 a document obtained by a foreign state
pursuant to the laws of such foreign state and submitted before the court through central authority is
considered admissible as evidence in Court when a request for mutual legal assistance is made pursuant
to Section 15 of the Act. Upon meeting these conditions, documents may be taken into evidence in
accordance with the law. Finally, documents, evidence attached with a request made for mutual legal
assistance pursuant to this Act must be certified by the judge or competent government officer and
bear the seal of office, otherwise the document shall not be recognized as evidence.20
However, Nepal collaborates with organizations like Interpol and participates in regional initiatives to
enhance legal cooperation and combat cybercrime. Domestically, Nepal's legal framework, including
the Criminal Procedure Code and Evidence Act, provides the basis for admitting digital evidence in
court proceedings, though specific provisions for digital evidence from abroad may be lacking. Despite
these mechanisms, challenges such as differences in legal systems and resource constraints may impact
19
20
Section 16 of the MLA Act 2070 (2014).
Section 39 of MLA
16