A Bill on Control and Punishment of Organized Crimes 2067 BS approved by the Cabinet last week envisages right to investigating officials to collect vital information pertaining to organized crimes through phone tapping. Home Ministry is set to forward the Bill to the House for approval. [break]
The government move comes in the wake of increasing organized crimes including kidnappings with the use phones in various parts of the country.
According to the Bill, investigating officials will require written application to a seven-member body led by the chief of Peace and Security Division at Home Ministry to get permission for phone tapping, justifying reasons for it. Such permission will be time-bound.
The seven-member body comprises joint secretaries from Ministry of Defense and Ministry of Information and Communications and a representative each from Nepal Police, Armed Police Force, National Investigation Department and Nepal Army.
This is the first time the government is planning to grant the police the right to intercept phone calls.
If the Act comes into operation, it is expected to enhance efficiency of police in dealing with organized crimes. The evidences collected through phone tapping will also be recognized by the courts.
The Bill recognizes 12 different crimes including kidnapping, hostage taking, extortion, prostitution and pornography, fraudulent activities including use of fake documents in foreign employment, use of arms and explosives for money and power as organized crimes.
The Bill recognizes 12 different crimes including kidnapping, hostage taking, extortion, prostitution and pornography, fraudulent activities including use of fake documents in foreign employment, use of arms and explosives for money and power as organized crimes.
Forgery and illegal transaction in banks and financial institutions, money laundering, counterfeit currency dealings, illegal transaction of foreign currency, smuggling of goods of archeological importance have also been categorized as organized crimes.
The Bill proposes to provide unwarranted authority to the police including the right to arrest without warrant, body search, seizure and house raid as and when necessary or take preemptive measures to thwart any organized crimes.
Amidst complaints that provisions of punishment for such crimes under the existing laws are barely enough to curb them, the Bill proposes three to 10-year jail term and fine equivalent to amount claimed by the victims or both. The fine will be up to Rs 200,000 to Rs 500,000 in case the claimed amount is not specified.
The Bill proposes to seize both fixed and movable assets earned through the acts of organized crimes and allows authorities to seize house, land, vehicle, other means or equipment that are used by the perpetrators.
Likewise, there will be no statute of limitation of the cases filed under this Act and all cases will be considered government cases.
Among other things, the new Bill has provisions to recognize digital records such as those captured by camera, video and recorder as court evidences, keep the accused persons in police custody for up to three months and ensures measures to protect witnesses.
koshraj@myrepublica.com
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