3. LEGAL FRAMEWORK AND JUDICIAL DECISIONS ON ADMISSIBILITY OF DIGITAL EVIDENCE IN NEPAL 3.1 Major National Laws i. Criminal Procedural Code of Nepal 2074 (2017) Provisions relating to civil and criminal evidences within the Civil and Criminal Codes of Nepal may be invoked to address various aspects of digital evidence, including issues related to privacy, data protection, cybercrimes, and the admissibility of electronic records. Criminal Procedure Code, 2017 and Regulation Related to Investigation of Offence, 2017 governs the procedure for criminal investigations and trials in Nepal. While it does not specifically address digital evidence, its provisions on evidence collection, examination, and presentation apply to digital evidence. The prevailing legal standards outline the standards and procedures for the admissibility of evidence in court, which indirectly includes digital devices, however refrains the inclusion of digital evidences inside those devices. The contents of any device fall under the premise of Privacy laws, and proper reference to the Privacy laws are not observed in the provisions of the Criminal Procedural Code. In Nepal, the codes acknowledge electronic records as admissible evidence within the judicial system. The digital records and evidence are categorized and treated as part of document evidence. There are no specific provisions related to the collection of data because digital records are not regarded as separate forms of evidence. Instead, they fall under the umbrella of documents on evidence within the legal framework. The Criminal Procedure delineates procedures for evidence handling, from collection to presentation in court. Section 6 of the Criminal Procedure Code mandates prompt police action upon receiving information, including preventing evidence tampering and offender escape. Police must seize evidence, arrest offenders, and document findings, with provisions for requesting external assistance if immediate seizure is impractical. This ensures evidence integrity and offender apprehension. Similarly, Section 816 of the Criminal Procedure Code specifies procedures for investigating reported offenses, including evidence collection. When submitting a case for prosecution, the investigating 16 Section 8 of Criminal Procedure code 13