Through their advocacy, lawyers protect civil liberties and uphold the Constitution, making them pivotal in maintaining the balance of power and the rule of law in society.

In the courtroom, lawyers have the authority to question the actions of the police, present evidence, and argue for or against the legality of their actions. This dynamic ensures that the police operate within the bounds of the law and that their actions are subject to scrutiny. Consequently, the legal profession serves as a critical check on the power of the police, reinforcing

Where the police end their role in a crime by filing a charge sheet, the lawyer steps in. Three lawyers—the defense lawyer, the public prosecutor, and the judge—then see the case and decide the fate of any criminal case. For an ordinary person, a policeman might seem more powerful, but for a lawyer, he is not so formidable. No wonder why so many lawyers are prominent in politics and are involved in running the government and the country.

Police officers should understand that their authority is limited and subject to the rule of law. Advocates, with their comprehensive understanding of legal principles and their critical role in the courtroom, are the true guardians of justice. Lawyers possess the unique ability to scrutinize, challenge, and dismantle any unlawful actions taken by the police.

Their influence extends far beyond the precincts, shaping the legal landscape and ensuring accountability. In the court of law, it is the advocate who wields the power to uphold justice, meticulously examining evidence, questioning police actions, and arguing for the protection of individual rights.

Any misuse of power by the police is subject to rigorous legal scrutiny by lawyers, who act as a vital check on authority.  The courtroom is where the true balance of power is maintained, and it is the advocate’s expertise and dedication that ensure this balance is upheld.

The reach of a lawyer is not confined by geographical boundaries; it extends through legal arguments, precedent, and the pursuit of justice. Never underestimate the power of an advocate, for their role in enforcing the rule of law and safeguarding civil liberties is unmatched.

They stand as the bulwark against abuse of power, ensuring that every action taken by law enforcement is within the bounds of legality and justice. In essence, when advocates in their black coats rise to assert their authority, even the most formidable police officers must reckon with the law.

Recently, a law student experienced a noteworthy incident involving traffic enforcement. After receiving a fine for a traffic violation, the student observed that the police vehicle responsible for issuing the fine was parked on the road—something that is not permitted under traffic regulations.

According to the law, no one is above the law, and while traffic police have the authority to impose fines, they do not have the power to park their vehicles on the road as part of their duties. Such actions are not authorized by the traffic regulations. 

The law student, questioning this inconsistency, visited the Traffic Department and sought clarification through the Right to Information (RTI) Act. To the student’s surprise, the traffic police were unable to provide an answer and fell silent, revealing that there was no legal basis for their actions.

The law student’s efforts to address this issue exemplify the need for adherence to legal principles and the enforcement of the rule of law.  This situation underscores a broader issue: police officers, while tasked with upholding the law, are often not well-versed in legal nuances and are primarily trained for enforcement rather than legal understanding.

Despite regulations that mandate respectful conduct, the practical behavior of some officers can fall short. This incident highlights the critical role of legal professionals and advocates in ensuring that all actions taken by law enforcement are within the bounds of the law and in holding them accountable when they deviate from legal standards.

There has been a saying by the police officers which is ‘kalo kote’ which is against the ethics of them. As the saying goes, “kalo kote” in reference to lawyers, it is essential to remember that such remarks are also contrary to the law. Police officers should be mindful and alert, as defamatory comments against advocates could lead to legal action and defamation cases.

Respect for the legal profession and adherence to legal standards is crucial for maintaining the integrity of both law enforcement and the judicial system. Derogatory remarks or defamatory comments about lawyers by police officers can potentially lead to legal consequences. Such comments undermine the professionalism and respect that should be accorded to all individuals working within the legal system.

In conclusion, the rule of law is fundamental to a just and equitable society, and it is crucial that all individuals, including police officers, are held accountable under this principle. While police officers play a vital role in enforcing laws and maintaining order, their authority must be exercised within the confines of legal standards and scrutiny.

Advocates, with their deep understanding of legal principles and their commitment to justice, serve as the essential guardians of this rule of law. They ensure that the actions of law enforcement are lawful, challenge any deviations, and uphold the rights of individuals.

The recent incident involving the law student and traffic enforcement underscores the importance of rigorous legal oversight and the need for legal professionals to address and correct any misuse of power. Ultimately, the integrity of the rule of law depends on the unwavering commitment of both law enforcement and advocates to uphold justice and ensure that no one is above the law.

The author is pursuing B.A. LL.B at Nepal Law Campus, Kathmandu

Recent incidents like the Nabil Bank data breach, hacking of Nepal Telecom servers, multiple ransomware attacks on hospitals and frequent defacements of government websites are warning signs we can no longer afford to ignore. It is estimated that cybercrime and cyber-attacks cost the Nepali economy over Rs 15 billion annually as per industry reports. Beyond immediate financial losses, such threats undermine public trust in digital services, violate privacy and data rights, and can cripple critical infrastructure putting lives at risk.

In “The Art of Cyber Law & Cyber Crimes,” a comprehensive guide to understanding and addressing the complex landscape of cybersecurity and digital crime, we are privileged to feature insights from Dr Newal Chaudhary, a distinguished advocate at the Supreme Court of Nepal and a dedicated Assistant Professor of Law at Nepal Law Campus, Faculty of Law. Dr Chaudhary, with his extensive experience and expertise in the field of cyber law, has made significant contributions of making comprehensive cyber law for Nepal shedding light on this enigmatic and often perilous corner of the internet. As a digitally developing nation, Nepal requires a comprehensive cybersecurity law aligned to global best practices but tailored for our unique needs and capabilities. This article makes the case for such a law while proposing a policy framework covering key aspects like institutional mechanisms, critical infrastructure protection, cybercrime, user rights and international cooperation.

Global landscape

Cyberspace is recognized as the fifth domain of warfare and conflict, in addition to land, air, sea and space. Offensive cyber capabilities are now part of military strategies for nations big and small. Cyber weapons like Flame, Stuxnet and Wannacry have shown how sophisticated attacks can disable nuclear plants, affect election outcomes and cause mayhem by exploiting vulnerabilities in common software. At the same time, cybercrime has become a $6 trillion industry affecting businesses and individuals worldwide.Against this backdrop, securing national cyberspace has become crucial for every country’s defense, economy and national security. By 2021, over 150 countries had implemented cybersecurity strategies and enacted cyber laws covering issues like cybercrime, data protection, security standards and institutional oversight. Robust legal frameworks combined with technological defenses and public vigilance have become essential to manage cyber risk.

Case of Nepal

However, Nepal has lagged behind in developing our cybersecurity defenses. The existing Electronic Transaction Act drafted in 2006 does not address contemporary internet-era threats. With 2G level speed and limited surveillance capability, our law enforcement agencies struggle to detect and investigate digital crimes. We lack trained cybersecurity professionals across both the government and private sector. Critical infrastructure sectors like energy, banking and telecom lack mandated cybersecurity standards or incident reporting mechanisms. With the creation of new institutions like NCIIPC and NCCC, India has demonstrated far greater leadership in securing its cyber future.

According to the experts, there are huge gaps in Nepal. They include outdated laws not covering new types of cybercrimes, lack of institutional coordination between government, CERT Nepal and private sector, no mandated frameworks for audits, controls, drills around critical infrastructure, absence of data protection legislation and privacy safeguards, overreliance on imported technical solutions rather than local capacity building and low awareness among citizens, businesses, agencies about cyber hygiene and defense.

With our growing integration into the global digital economy, Nepal simply cannot afford to neglect cybersecurity any longer. Our vulnerabilities are actively being probed by adversaries looking to penetrate critical systems. A single successful attack on our financial networks or power grid could have devastating cascading effects across Nepali society. We need a comprehensive law encompassing global best practices but tailored for Nepal’s ground realities and resource constraints.

What should our cybersecurity law be like?

Based on examples from other national cyber laws and recommendations of experts, Nepal’s legislation must cover the following crucial aspects. First, we need an institutional framework. A nodal National Cybersecurity Authority (NCA) should be set up under the PMO as the key policymaking, oversight and incident response body. In addition, sector-specific CERTs, cybercrime cells, and cybersecurity workforce initiatives are needed.

Second, we need critical infrastructure protection. Mandatory standards, regular audits, and incident reporting mechanisms must be defined for assets like power systems, transportation, banks etc. considered as ‘critical information infrastructure’. Then comes personal data protection. With growing instances of data theft, strong safeguards are required around individual privacy, consent and data localization. Provisions for data protection authorities, privacy impact assessments and grievance redressal should be incorporated. Likewise, cybercrime and law enforcement are other critical factors.  New types of offenses like identity theft, phishing, ransomware etc. need to be added to Nepal’s criminal code. Investigators and judges will require training on digital forensics and cyber laws to aid prosecution.

The focus should also be on information sharing. Processes for threat intelligence sharing between government and industry, vulnerability disclosures, and coordinated vulnerability hunting across critical networks will boost collective defense.

Equally important, the National Cybersecurity Authority (NCA) should enable global partnerships for capacity building, information exchange and evidence collection to combat cross-border cybercrime. Collaborations with think tanks, academia and civil society should be tapped for recommendations. Finally, the focus should also be on awareness and capacity building. Public education programs should promote cyber hygiene and vigilance across professional and community groups. Educational institutes must be incentivized to develop the cybersecurity workforce.

Legislative recommendations

Drawing upon the key principles above, the following provisions are recommended as part of Nepal’s cybersecurity legislation. First, the Ministry of IT shall draft a National Cybersecurity Policy in consultation with the private sector and civil society. This will guide Nepal’s cyber posture based on current and emerging threats. Second, a 5-year National Cybersecurity Strategy shall subsequently be developed by the National Cybersecurity Authority to implement the policy priorities.

Under the institutional mechanisms, we need to establish the National Cybersecurity Authority (NCA) under the PMO to monitor threats, coordinate stakeholders and drive implementation of cybersecurity policies and programs. We also need to set up sector-specific Computer Emergency Response Teams or expand the mandate of existing Nepal CERT for focused oversight of critical infrastructure sectors. Besides, we need to create a Cybercrime Investigation Unit within Nepal Police staffed by officers trained in cyber forensics, cryptography and digital evidence collection.

For protection of critical infrastructure, National Cybersecurity Authority (NCA) shall categorize and maintain a register of assets like power plants, banks, telecom networks, government databases among others as Designated Critical Information Infrastructure based on their criticality for Nepali society and economy. Owners/operators of such designated infrastructure must comply with cybersecurity control requirements as mandated by NCA including audits, maintenance procedures, emergency planning and mandatory incident reporting.

For personal data protection, organizations processing personal data of Nepali citizens must implement privacy policies clearly laying out purpose of use, retention periods and deletion protocols. Trans-border data flows especially of sensitive information like financial data, health records among others shall be allowed only with explicit consent and after transfer risk assessment. Individuals have the right to revoke consent and demand erasure of personal data if it is no longer required for the specified purpose.

To address cybercrime, the Electronic Transaction Act and Criminal Code should be amended to add new cyber offenses like identity theft, phishing, cyber stalking, cyber terrorism etc. and define appropriate penalties per damage caused. We also need to make provisions for expedited preservation, acquisition and analysis of electronic evidence related to cybercrimes and online harassment.

In the same way, any data breach involving personal user data must be reported to the sectoral CERT within 24 hours of detection. Other cyber incidents must be reported within reasonable timelines. An annual report shall be tabled in the Parliament summarizing cyber threats, incidents, and enforcement and policy measures undertaken during the year.

All government entities must annually budget at least five percent of their IT expenditure for cybersecurity improvements like audits, upgrades and capacity building. Critical infrastructure entities must undertake technology refreshes of core control and security systems every 2-3 years minimum or align with sectoral guidelines defined by NCA.

Forward looking approach

Nepal faces a pivotal moment in securing its digital future. As our reliance on computing and connectivity grows across every sphere of life, we need a forward-looking legal framework backed by institutional capacity to manage cyber risks. This article proposes key elements of such a comprehensive national cybersecurity law. Of course, enacting the law will require broader consensus building through public consultations, parliamentary debates and expert recommendations.Once implemented, the effectiveness of the law will depend on transparency, oversight and constant evolution. With deliberate effort, this law can be a stepping stone in creating a safe and resilient cyberspace that will be foundational for Nepal’s development. But cybersecurity is ultimately about much more than just technology or legal compliance. It is about fostering a culture of collective vigilance–where the government, private sector and citizens work together to secure Nepal’s digital future.

Bivek Chaudhary is pursuing a BA LLB degree at Nepal Law Campus, Kathmandu.

The relationship between the media and the court system has been a subject of much discussion and debate for many years. On the one hand, the media plays a vital role in informing the public about important events and issues, including legal proceedings. On the other hand, the interest of justice must be protected, and sometimes this means limiting the flow of information to the public. 

Balancing act

The challenge is finding the right balance between these competing interests. One of the key issues in the debate over media rights in court proceedings is the principle of open justice. This principle states that justice must be done in public, so that the public can see that justice is being done. The media plays a crucial role in ensuring that the public is informed about what is happening in the courts, and this is essential to the functioning of democratic society. However, there are times when the interest of justice may require that certain information may be kept confidential.

For example, in cases involving minors or sensitive information, the courts may take steps to protect the privacy of the individuals involved. In these cases, the court may limit the amount of information that is made available to the public, and may even ban the media from reporting certain aspects of the case. This can be done to ensure that the privacy rights of the individuals involved are protected, and to prevent any harm that may be caused by the release of sensitive information.

Another issue in the debate over media rights in court proceedings is the impact of the media on the fairness of the proceedings. The media can have a significant impact on public opinion, and this can affect outcomes of cases. For example, if the media reports a case in a way that is biased or misleading, this can influence the jury and their decision. To ensure that the proceedings are fair, the court may take steps to limit the media access to certain information, or may even ban the media from reporting certain aspects of the case.

Live streaming of court proceedings can make it easier for the media to access the proceedings. This will allow the public to follow court proceedings from their homes, increase accountability and promote transparency.  

In India, the media has a right of access to court proceedings, subject to certain restrictions. The Constitution of India guarantees freedom of the press, which includes the right to attend and report the court proceedings. In the context of Nepal, the media has the right to access but it has not been totally implemented. In India, the advocacy by advocates and the decision of the judges are live telecasted. In Nepal, people can visit the courts to know case updates of open hearings but closed hearings are not allowed access to anyone except the concerned authorities.

The relationship between the media and the court system is a complex one. Balancing the interest of justice and the public is not always easy, but it is essential to ensure that the public is informed about what is happening in the courts, and that the interests of justice are protected. By finding the right balance between these competing interests, the court system can continue to serve the needs of the public as well as protecting the interests of justice. Therefore, it is essential to ensure the rights of the media to court proceedings. This involves ensuring that journalists have the right to access court proceedings, to report them, and to publish their findings. This not only keeps the public informed but also helps to promote accountability and transparency in the judicial system.

Yet, protecting media rights in court proceedings can be a complex and challenging process. Many factors, such as the sensitive nature of the case, the privacy rights of the parties involved, and the need to maintain the integrity of the proceedings, may come into play. One of the biggest challenges facing journalists and the media is the issue of access to court proceedings. This can be due to lack of physical space in the courtrooms, restrictions imposed by the court, or even resistances from the parties involved. This can make it difficult for journalists to report on the proceedings and provide the public with the information they need. Another challenge is the protection of confidential information. This can be a major concern in sensitive cases such as those involving national security or personal privacy of the parties involved. Despite these challenges, it is important that media rights are protected in court proceedings.

Tap into technology

The legal system in Nepal has undergone significant changes in recent years, with technology playing a crucial role in the administration of justice. Judiciary also has embraced modern tools to improve the efficiency of its processes and to increase transparency.

In this context, live streaming of court proceedings can make it easier for the media to access the proceedings. This will allow the public to follow court proceedings from their homes, increase accountability, and promote transparency. Moreover, live streaming can also serve as an educational tool for students and the legal community by providing them a valuable resource for learning about the legal system and court procedures.

Sharing audio and video recordings of court proceedings can greatly improve the accuracy of proceedings, as the recorded evidence can be used to verify the testimony of witnesses. Additionally, audio and video recordings can also provide a visual representation of the events making it easier for the courts to understand the situation and make a fair ruling.

Social media has also become a vital tool for judges, lawyers, and court officials to share updates, opinions, and information about court cases. This can be helpful to increase public awareness and interest in court proceedings, and has also made it easier for people to participate in the legal process. Moreover, social media can also be used to conduct virtual court proceedings, which can be a useful alternative in situations where it is not possible to hold a physical hearing.

In conclusion, the use of media in court proceedings in Nepal can have the potential to revolutionize the administration of justice and bring about much-needed transparency and accountability. However, it is important to ensure that the use of media in court proceedings is done in a way that is respectful of the privacy and dignity of all parties involved. It is also important to ensure that the media is used in a way that does not interfere with the fair and impartial administration of justice.

Bivek Chaudhary is pursuing a BA LLB degree at Nepal Law Campus, Kathmandu.