Prosecution Of Stalking And Cyberstalking Cases In Nepal
1. Smriti Paudel Stalking Case (2025)
Facts:
Smriti Paudel, a student in Kathmandu, reported repeated harassment and stalking by a male acquaintance over more than a year.
Harassment included being followed in public spaces, repeated phone calls, online harassment through fake social media profiles, and threats.
Despite filing complaints, police initially failed to act, advising reconciliation instead of formal prosecution.
Legal Proceedings:
After public attention, the police arrested the alleged stalker.
Charges were filed under provisions of the Electronic Transactions Act (for online harassment) and relevant sections of the Criminal Code for harassment and intimidation.
Outcome & Analysis:
The arrest demonstrates that prosecution is possible.
Highlights gaps in the legal framework, as stalking is not explicitly defined in Nepalese law.
Shows the influence of public pressure in initiating formal legal proceedings.
2. Kathmandu Cyber Harassment Study Cases (2019)
Facts:
Multiple cases of cyberstalking were studied, involving victims (mostly women) receiving persistent unwanted messages, threats, impersonation on social media, and sharing of manipulated images.
Many incidents involved Facebook, Messenger, or email as the medium of harassment.
Legal Proceedings:
Complaints were lodged under the Electronic Transactions Act and some provisions of the Criminal Code related to sexual harassment or intimidation.
Courts often faced challenges due to insufficient evidence collection, unclear statutes for stalking, and victims withdrawing complaints.
Outcome & Analysis:
Very few cases led to convictions; most were delayed, dismissed, or settled informally.
Demonstrates systemic challenges in prosecuting cyberstalking, including lack of victim protection and limited technical forensic resources.
3. Dangol and Panta Cyber-Crime Cases
Facts:
Prakash Dangol and Hari Panta were accused of online harassment, including posting defamatory content and unauthorized recording/sharing of private conversations.
Complaints were filed alleging violations of the Electronic Transactions Act.
Legal Proceedings:
Courts had to determine whether the cases could proceed under ETA or Criminal Code.
In several instances, courts dismissed the charges under ETA, reasoning that general provisions of the Criminal Code would be more appropriate.
Outcome & Analysis:
Highlighted the ambiguity in law regarding which statutes apply to cyberstalking and online harassment.
Shows that prosecution can fail if the wrong legal provision is invoked.
4. Online Harassment Systemic Case Review (Kathmandu, 2021)
Facts:
A review of reported online harassment cases found that only 10% of victims formally reported incidents.
Cases involved cyberstalking, impersonation, threats, and harassment over social media.
Legal Proceedings:
Police investigations were limited due to short statute of limitations (35 days for some cyber crimes) and lack of IT infrastructure.
In many cases, police suggested reconciliation rather than formal prosecution.
Outcome & Analysis:
Demonstrates enforcement and procedural weaknesses.
Victims’ complaints often failed to progress to court, showing the gap between law and practical prosecution.
5. Beyond Beijing Committee Nepal Report Cases (2020)
Facts:
The report compiled cases of online harassment, cyberstalking, and VAWG (Violence Against Women and Girls) incidents across Nepal.
Many victims experienced persistent cyber harassment, stalking, and threats through online platforms.
Legal Proceedings:
Few cases reached courts, and most were informal settlements.
Existing laws like the ETA and Criminal Code provisions were used inconsistently.
Outcome & Analysis:
Shows the lack of specific legal provisions for stalking/cyberstalking in Nepal.
Highlights the need for legal reform, technical capacity building, and victim-sensitive procedures.
6. Nepal Police Cyber Bureau Investigations (Multiple Cases)
Facts:
Several reported incidents of cyberstalking involved persistent threats, online harassment, and attempts to blackmail victims.
Victims often reported harassment via social media or messaging apps.
Legal Proceedings:
Investigations initiated under Electronic Transactions Act, sometimes combined with Criminal Code provisions for intimidation or harassment.
Arrests were made in some cases, but prosecutions were slow due to limited technical expertise and lack of clear legal definitions.
Outcome & Analysis:
Confirms that formal prosecution is possible but rare.
Demonstrates systemic challenges: technical, procedural, and legislative gaps prevent consistent convictions.
Key Observations Across Cases
No explicit stalking law – Nepal lacks a specific legal provision for stalking or cyberstalking. Cases are prosecuted under general harassment, intimidation, VAWG, or electronic transactions laws.
Victim-centric challenges – Many victims withdraw complaints or are advised reconciliation, limiting prosecution.
Technical limitations – Cyber investigations are hampered by lack of digital forensic resources and short limitation periods.
Legal ambiguities – Courts sometimes dismiss cases due to wrong statutes being invoked.
Public/media pressure – Often a key driver for police action, as seen in the Paudel case.
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