SINHAS Vol 30 No 2 Shishir Lamichhane and Aastha Dahal
Justice for Victims of “Revenge Porn”: Legal Gaps and Procedural Failures in Nepal
Shishir Lamichhane and Aastha Dahal
Abstract
This study critically examines legal gaps and procedural failures in Nepal concerning non-consensual intimate image (NCII) abuse, a rising issue exacerbated by digital transformation. The paper begins with the problematization of the term “revenge porn,” advocating instead to use “NCII abuse” to prioritize victim protection and redress. Analyzing existing Nepali laws and 24 NCII cases from the Kathmandu District Court in 2024, the research reveals that Nepal lacks specific NCII legislation. Cases are primarily prosecuted under Section 47 of the Electronic Transactions Act (ETA), 2007, which the paper argues is critically flawed. The paper stresses that despite high conviction rates, judicial sentencing is consistently lenient, with judges often engaging in victim-blaming, influenced by a historical focus on female chastity in Nepali law. Procedural weaknesses also abound, including under-resourced digital forensics, inadequate evidence preservation, and deficient witness examination practices. Furthermore, seized electronic devices containing NCII content are not reliably formatted before auction, posing a significant risk of re-victimization. The paper urges comprehensive, detailed legislation specifically for NCII abuse or amendments to ETA Section 47(1) and other relevant Acts to ensure consistent, victim-centered justice and emphasizes that legislative reforms must also be coupled with structural changes to disincentivize victim-blaming among judges and foster a robust, victim-centric criminal justice system in Nepal.
Keywords: NCII abuse, Nepal, Electronic Transactions Act (ETA), pornography, justice
Justice for Victims of “Revenge Porn”: Legal Gaps and Procedural Failures in Nepal
Shishir Lamichhane and Aastha Dahal
Abstract
This study critically examines legal gaps and procedural failures in Nepal concerning non-consensual intimate image (NCII) abuse, a rising issue exacerbated by digital transformation. The paper begins with the problematization of the term “revenge porn,” advocating instead to use “NCII abuse” to prioritize victim protection and redress. Analyzing existing Nepali laws and 24 NCII cases from the Kathmandu District Court in 2024, the research reveals that Nepal lacks specific NCII legislation. Cases are primarily prosecuted under Section 47 of the Electronic Transactions Act (ETA), 2007, which the paper argues is critically flawed. The paper stresses that despite high conviction rates, judicial sentencing is consistently lenient, with judges often engaging in victim-blaming, influenced by a historical focus on female chastity in Nepali law. Procedural weaknesses also abound, including under-resourced digital forensics, inadequate evidence preservation, and deficient witness examination practices. Furthermore, seized electronic devices containing NCII content are not reliably formatted before auction, posing a significant risk of re-victimization. The paper urges comprehensive, detailed legislation specifically for NCII abuse or amendments to ETA Section 47(1) and other relevant Acts to ensure consistent, victim-centered justice and emphasizes that legislative reforms must also be coupled with structural changes to disincentivize victim-blaming among judges and foster a robust, victim-centric criminal justice system in Nepal.
Keywords: NCII abuse, Nepal, Electronic Transactions Act (ETA), pornography, justice