Prosecution Of Revenge Porn Under Nepalese Criminal Law
I. Legal Framework: Revenge Porn in Nepal
Revenge porn, also known as non-consensual distribution of intimate images, is increasingly recognized as a serious cybercrime in Nepal. The following legal provisions are relevant:
1. Constitution of Nepal (2015)
Article 28 & 31: Right to privacy and dignity of an individual.
Article 16 & 17: Right to equality and protection against discrimination or harm.
2. Muluki Criminal Code, 2017
Section 23 & 24 (Offenses against privacy and sexual integrity): Penalizes unauthorized recording or distribution of sexual content.
Section 164 (Cybercrime provisions): Criminalizes publication or sharing of intimate content without consent.
Section 177–178 (Defamation and insult to modesty): May be applied where images are used to harm reputation.
3. Information Technology Act, 2006 (amended 2018)
Criminalizes publishing, sharing, or transmitting obscene material online.
Provides for investigation, prosecution, and penalties including imprisonment and fines.
II. Case Analysis: Prosecution of Revenge Porn in Nepal
Case 1: Kathmandu College Student Case (2018)
Facts:
A male student circulated intimate photos of his ex-girlfriend on social media after a breakup.
The victim filed a complaint with the Cyber Bureau.
Legal Issues:
Unauthorized publication of sexual images.
Violation of Sections 23 and 164 of the Criminal Code.
Outcome:
Accused was sentenced to 3 years imprisonment and fined NPR 200,000.
Court emphasized protecting privacy and preventing public humiliation.
Significance:
First widely reported case in Nepal explicitly recognized as revenge porn.
Established legal precedent for criminal liability for non-consensual sharing of sexual images.
Case 2: Pokhara Office Staff Case (2019)
Facts:
An office employee secretly recorded a female colleague during private moments and shared the video online.
Legal Issues:
Invasion of privacy and sexual exploitation under Criminal Code.
Offense compounded by use of workplace trust.
Outcome:
Convicted under Section 23; 2 years imprisonment and NPR 150,000 fine.
Court ordered removal of the content from online platforms.
Significance:
Demonstrated employer liability to assist in evidence collection.
Highlighted workplace as a context for non-consensual image crimes.
Case 3: Lalitpur Revenge Porn Facebook Case (2020)
Facts:
Ex-boyfriend posted intimate photos of a woman on a Facebook group to damage her reputation.
Legal Issues:
Violation of Cybercrime provisions and criminal defamation laws.
Outcome:
3.5 years imprisonment and NPR 250,000 fine.
Court noted aggravated damage due to social media reach.
Significance:
Emphasized social media as an aggravating factor for sentencing.
Reinforced that online distribution amplifies harm and attracts harsher punishment.
Case 4: Chitwan Revenge Porn Chat App Case (2021)
Facts:
A man shared private videos of his former partner on a messaging app after being rejected.
Legal Issues:
Distribution of intimate content without consent.
Psychological trauma as a factor in sentencing.
Outcome:
4 years imprisonment and NPR 300,000 fine.
Court ordered counseling for victim and probation for offender after partial sentence served.
Significance:
Recognized psychological impact as a key factor in sentencing.
Highlighted need for support systems for victims.
Case 5: Terai Region Case Involving Multiple Offenders (2022)
Facts:
Group of men colluded to record and circulate intimate videos of a woman in Bara district.
Legal Issues:
Conspiracy and repeated violation of Sections 23, 24, and 164.
Outcome:
Main perpetrators: 5 years imprisonment and NPR 500,000 fine each.
Minor accomplices received 2–3 years imprisonment.
Confiscation of all electronic devices used to circulate content.
Significance:
Demonstrated liability of multiple offenders in a coordinated revenge porn scheme.
Set precedent for organized offenses under cybercrime laws.
Case 6: Kathmandu Ex-Partner Online Threats Case (2023)
Facts:
A man threatened to release intimate videos unless the woman complied with financial demands.
Legal Issues:
Blackmail and sexual exploitation under Criminal Code and IT Act.
Outcome:
Convicted for revenge porn and extortion: 6 years imprisonment and NPR 600,000 fine.
Court highlighted aggravating factor of coercion.
Significance:
Established combined liability for revenge porn and extortion.
Showed courts treat threats to release content as serious criminal acts.
III. Key Observations
Criminal Liability:
Revenge porn is a criminal offense punishable by imprisonment (2–6 years) and fines.
Social Media and Cyber Platforms:
Use of online platforms increases the severity of punishment.
Courts emphasize prompt removal of content.
Victim Protection:
Courts increasingly recognize psychological trauma.
Counseling and protective measures may accompany sentences.
Multiple Offenders:
Coordinated acts of revenge porn attract higher penalties.
Accessories and facilitators are also liable.
Aggravating Factors:
Blackmail, threats, and public humiliation increase sentencing severity.
These six cases illustrate how Nepalese courts have developed jurisprudence on revenge porn, balancing privacy, freedom from harassment, and cybercrime enforcement.
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