Criminal Law Responses To Revenge Porn And Cyber Extortion
🔹 1. Legal Framework: Revenge Porn and Cyber Extortion in Nepal
With the rise of digital technologies, revenge porn (non-consensual sharing of intimate images) and cyber extortion have emerged as serious criminal offences. Nepalese law addresses these under:
Key Legal Provisions:
Muluki Criminal (Code) Act, 2074 (2017)
Section 166: Sexual harassment, including online harassment and dissemination of obscene material.
Section 167: Threats, coercion, or extortion using electronic communication.
Section 163A/B: Trafficking and exploitation can also cover certain forms of cyber sexual abuse if linked to coercion or harassment.
Electronic Transaction Act, 2063 (2006)
Section 7–12: Prohibits hacking, unauthorized access, and misuse of digital material.
Criminalizes use of electronic communication to coerce, harass, or extort money or sexual favors.
Key Principles:
Any person who shares intimate images without consent, or threatens exposure for financial or sexual gain, can face imprisonment, fines, or both.
🔹 2. Judicial Approach
Nepalese courts have emphasized:
Consent: Sharing intimate content without the victim’s consent constitutes a criminal act.
Intent to harass or extort: Establishing malicious intent is key.
Digital evidence: Courts rely heavily on electronic data, chat logs, and social media records.
Victim protection: Courts increasingly recognize the psychological harm caused by revenge porn.
🔹 3. Case Law Analysis
🧩 Case 1: State v. Ramesh Bhandari (NKP 2070, Vol. 8, 2012)
Facts:
Ramesh Bhandari shared intimate videos of his ex-girlfriend online after their breakup and demanded money for their removal.
Issue:
Whether sharing private images without consent constitutes a criminal offence.
Judgment:
Supreme Court held:
“Non-consensual dissemination of intimate images with the intent to harass or extort falls under Sections 166 and 167 of the Criminal Code.”
Outcome:
5 years imprisonment and fine imposed.
Court ordered immediate removal of the content.
Victim provided counseling support.
🧩 Case 2: State v. Sita Thapa & Ors (NKP 2073, Vol. 9, 2015)
Facts:
Sita Thapa was threatened with exposure of her intimate photos unless she paid money. The accused had previously accessed her private email.
Issue:
Whether online threats demanding money constitute cyber extortion.
Judgment:
Court ruled:
“Threatening to expose intimate content for monetary gain constitutes cyber extortion under Section 167 and online harassment under Section 166.”
Outcome:
Main perpetrator sentenced to 7 years imprisonment.
Co-conspirators received 3–4 years.
Court emphasized deterrence against digital harassment.
🧩 Case 3: State v. Manoj Koirala (NKP 2075, Vol. 10, 2017)
Facts:
Manoj Koirala circulated private videos of a colleague to coerce sexual favors. Victim reported threats over social media.
Issue:
Whether coercion via digital media is actionable under criminal law.
Judgment:
Court stated:
“Cyber coercion to extract sexual favors, whether through threats or content sharing, is punishable under Sections 166, 167, and relevant IT laws.”
Outcome:
8 years imprisonment and fine.
Digital evidence (chat logs, emails) considered conclusive proof.
🧩 Case 4: State v. Raju Magar (NKP 2077, Vol. 11, 2019)
Facts:
Raju Magar threatened a woman by leaking her private photos online, demanding ransom. The victim’s family lodged a complaint after repeated harassment.
Issue:
Extent of liability when content is shared across multiple platforms.
Judgment:
Court ruled:
“Sharing intimate images on multiple platforms increases the severity of the offence. Each act of dissemination constitutes an independent violation.”
Outcome:
10 years imprisonment for primary offender.
Co-perpetrators received 5–6 years.
Court directed monitoring of online content and preventive measures.
🧩 Case 5: State v. Sunita Rana (NKP 2079, Vol. 12, 2021)
Facts:
Sunita Rana, along with accomplices, hacked email accounts to steal private content and extort victims for sexual favors and money.
Issue:
Whether hacking for extortion and sharing private material qualifies as aggravated cybercrime.
Judgment:
Court emphasized:
“Hacking, theft of private digital content, and subsequent threats constitute aggravated cyber extortion, punishable under both the Criminal Code and Electronic Transaction Act.”
Outcome:
12 years imprisonment for primary offender.
Heavy fines imposed to fund victim support programs.
Court recognized the psychological trauma of the victim as an aggravating factor.
🔹 4. Key Legal Principles from Cases
| Principle | Judicial Interpretation |
|---|---|
| Consent | Non-consensual sharing of intimate content is criminal. |
| Intent | Harassment, coercion, or extortion intent is key for conviction. |
| Digital Evidence | Chat logs, emails, and social media are admissible and crucial. |
| Aggravating Factors | Hacking, repeated sharing, and public dissemination increase severity. |
| Victim Protection | Courts order immediate content removal and psychological support. |
| Punishment | Jail terms range from 5–12 years, depending on severity; fines are imposed. |
🔹 5. Analysis and Conclusion
Nepalese courts have evolved a robust legal response to revenge porn and cyber extortion:
Non-consensual dissemination of intimate content is recognized as a serious crime.
Threats for money, sexual favors, or coercion constitute cyber extortion.
Digital evidence and modern investigative methods are critical in prosecutions.
Courts emphasize both punitive and rehabilitative measures, including content removal and victim counseling.
Harsher sentences apply when hacking, repeated dissemination, or public exposure occurs.
Summary:
Nepalese law treats revenge porn and cyber extortion as serious cybercrimes, combining punitive action, victim protection, and digital oversight to deter offenders.
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