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Chapter -9

Chapter -9 Offence Relating To Computer
44. To Pirate, Destroy or Alter computer source co de:

When computer source code is required to be kept as it is position for the time being the prevailing law, if any person, knowingly or with malafide intention, pirates,
destroys, alters computer sources code to be used for any computer, computer programme, computer system or computer network or cause, other to do so,
he/she shall be liable to the punishment with imprisonment not exceeding three years or with a fine not exceeding two hundred thousand Rupees or with both.
Explanation: For the purpose of this section “computer source code” means the listing of programmes, computer command, computer design and layout
and programme analysis of the computer resource in any form.

45. Unauthorized Access in Computer Mat erials: If any person with an intention to have access in any programme, information or data of any  computer, uses such a computer without authorization of the owner of or the person responsible for such a computer or even in the case of authorization, performs any act with an intention to have access in any programme, information or data contrary to from such authorization, such a person shall be liable to the punishment with the fine not exceeding Two Hundred Thousand Rupees or with imprisonment not exceeding three years or with both depending on the seriousness of the offence.

46. Damage to any Computer and Information Syste m: If any person knowingly and with a mala fide intention to cause wrongful loss or damage to
any institution destroys, damages, deletes, alters, disrupts any information of any computer source by any means or diminishes value and utility of such
information or affects it injuriously or causes any person to carryout such an act, such a person shall be liable to the punishment with the fine not exceeding
two thousand Rupees and with imprisonment not exceeding three years or with both.

47. Publication of illegal materials in electronic form :

(1) If any person publishes or displays any material in the electronic media including computer, internet which are prohibited to publish or display by the prevailing law or which may be contrary to the public morality or decent behavior or any types of materials which may spread hate or jealousy against anyone or which may
jeopardize the harmonious relations subsisting among the peoples of various castes, tribes and communities shall be liable to the punishment with the fine
not exceeding One Hundred Thousand Rupees or with the imprisonment not exceeding five years or with both.
(2) If any person commit an offence referred to in Sub-section (1) time to time he/she shall be liable to the punishment for each time with one and
one half percent of the punishment of the previous punishment.

48. Confidentiality to Divul ge: Save otherwise provided for in this Act or Rules framed hereunder or for in the prevailing law, if any person who has an access
in any record, book, register, correspondence, information, documents or any other material under the authority conferred under this Act or Rules framed
hereunder divulges or causes to divulge confidentiality of such record, books, registers, correspondence, information, documents or materials to any
unauthorized person, he/she shall be liable to the punishment with a fine not exceeding Ten Thousands Rupees or with imprisonment not exceeding two
years or with both, depending on the degree of the offence.

49. To inform False statement : If any person with an intention to obtain a license from Certifying Authority under this Act or with any other intention
either to Controller or with an intention to obtain Digital Signature Certificate or with any other intention conceals statement knowingly or lies any statement
to be submitted to the Certifying Authority any false statements shall be liable to the punishment with a fine not exceeding One Hundred Thousands rupees
or with an imprisonment not exceeding two years or with both.

50. Submission or Display of False License or Certifica tes:

(1) If any person who works as a Certifying Authority without a license issued by the Controller under this Act, shall be liable to the punishment with a fine not
exceeding one hundred thousands Rupees or with an imprisonment not exceeding two years or with both, depending on seriousness of the offence.
(2) Any person without obtaining a license from the Certifying Authority publishes a fake license or false statement in regard to license or
provides to any person by any other means, shall be liable to the punishment not exceeding one hundred thousand Rupees in the case where the act referred
to in Sub-section (1) has not been accomplished by such a person.
(3) If any person publishes or otherwise makes available a certificate to any other person by any means knowingly that a certificate is not issued by
the Certifying Authority referred to in such a certificate or the subscriber listed in such certificate has not accepted the certificate or such a certificate is already
suspended or revoked, shall be liable to the punishment with a fine not exceeding one hundred thousands Rupees or with an imprisonment not
exceeding two years or with both.
Provided that, if such a certificate suspended or revoked is published or provided for the purpose of verification of the Digital Signature before it was
suspended or revoked, it shall not be deemed to have been committed an offence under this Sub-section.

51. Non-submission of Prescribed Statements or Documents :

(1) If any person responsible to submit any statement, document or report to the Controller or Certifying Authority under this Act or Rules framed hereunder,
fails to submit such statement, document, or report within the specified time limit, such a person shall be liable to the punishment with a fine not exceeding
fifty thousands Rupees.
(2) Any person who fails to maintain duly any book, register, records or account and in a secured manner to be maintained duly and in a secured
manner under this Act or Rules framed hereunder shall be liable to the punishment with a fine not exceeding fifty thousands Rupees.

52. To commit computer fraud : If any person, with an intention to commit any fraud or any other illegal act, creates, publishes or otherwise provides digital
signature certificate or acquires benefit from the payment of any bill, balance amount of any one’s account, any inventory or ATM card in connivance of or
otherwise by committing any fraud, amount of the financial benefit so acquired shall be recovered from the offender and be given to the person concerned and
such an offender shall be liable to the punishment with a fine not exceeding one hundred thousand Rupees or with an imprisonment not exceeding two years or
with both.

53. Abetment to commit computer related offence : A person who abets other to commit an offence relating to computer under this Act or who attempts
or is involved in the conspiracy to commit such an offence shall be liable to the punishment with a fine not exceeding fifty thousand Rupees or with
imprisonment not exceeding six months or with both, depending on the degree of the offence.

54. Punishment to the Accomplice: A person who assists others to commit any offence under this Act or acts as accomplice, by any means shall be liable
to one half of the punishment for which the principal is liable.

55. Punishment in an offence committed outside Nepal: Notwithstanding anything contained in the prevailing laws, if any person commits any act which
constitutes an offence under this Act and which involves the computer, computer system or computer network system located in Nepal, even though
such an act is committed while residing outside Nepal, a case may be filed against such a person and shall be punished accordingly.

56. Confiscation : Any computer, computer system, floppy, compact disks, tape drivers, softwares or any other accessory devices used to commit any act
deemed to be an offence relating to computer under this Act shall be liable to confiscation.

57. Offences Committed by a corporate bo dy:

(1) If any act is done by a corporate body which deems an offence under this Act, such an offence shall  be deemed to have been committed by a person who was responsible as chief for the operation of the corporate body at the time of committing such an offence.
Provided that, if the person who was responsible as a chief for the operation of such a corporate body proves that such an offence was committed
without his/her knowledge or that he/she exercised all reasonable efforts to prevent such an offence, he/she shall not be liable to the guilty.
(2) Notwithstanding anything contained in Sub-section (1), if it is proved that any offence under this Act committed by a corporate body with the
consent or in knowledge or by the reason of negligence of a director, manager, secretary or any other responsible person of such corporate body, such an
offence shall be deemed to have been committed by such a corporate body and by a director, manager, secretary or other responsible person of such a
corporate body.

58. Other Punishment : If any violation of this Act or Rules framed hereunder has been committed, for which no penalty has been separately provided, such a
violator shall be liable to the punishment with a fine not exceeding fifty thousand Rupees, or with an imprisonment not exceeding six months or with
both.

59. No Hindrance to Punish Under the Laws prevailing: If any act deemed to be an offence under this Act shall also be deemed to be another offence under the
laws prevailing, it shall not be deemed to have been hindered by this Act to file a separate case and punish accordingly.

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