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Ex-Secretary Upadhyaya remanded to 3 days in custody



KATHMANDU: Kathmandu District Court on Thursday remanded former secretary Bhim Upadhyaya to three days in custody.

Upadhyaya was arrested by the Central Cyber Bureau of Nepal Police on Wednesday night over cybercrime and presented before the court today.

He has been accused of cybercrime for issuing negative comments and messages against the incumbent government through rumors and delusions.

SSP Nabindra Aryal at Cyber Bureau told Khabarhub that an investigation against Upadhyaya has started being based on the Electronic Transaction Act, 2063.

“We have started the investigation against him on Electronic Transaction Act,” SSP Aryal told Khabarhub, “Detailed investigation is yet to be carried. If he is found of violating other laws, an investigation will follow accordingly.”

Electronic Transaction Act has a provision of the punishment of penalty not exceeding one hundred thousand rupees or with imprisonment not exceeding five years or with both.

Section 47 (1) of the act states:

If any person publishes or displays any material in the electronic media including a computer, the 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.

If any person commits an offense 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, according to Section 47 (2).

Publish Date : 23 April 2020 14:48 PM

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