Call detail records: Balancing privacy and probe in criminal law
In today’s world, mobile phones have become more than just a means of talking to one another—they have become an inseparable part of our daily lives. According to the National Census Report of 2022, about 73.2 percent of Nepalis now own a mobile phone, while only 4.5 percent still use a landline. This shift tells an interesting story: nearly three out of every five people in the country have mobile access. It’s a remarkable step toward the vision of a Digital Nepal.
This widespread use of mobile phones has changed how people stay connected. Families, friends and communities can now share information and emotions instantly, bridging physical distances and strengthening social ties. Mobile phones have become tools of connection.
However, the same technology that keeps us connected also plays a key role in crime investigation. With mobile phones nearly in every hand, police and other law enforcement agencies have found new ways to track down suspects and gather evidence of crime.
The Call Detail Records (CDRs) provide a wealth of information—numbers dialed, call duration and timestamps—that help investigators to find the accused or the victim’s movement, communication patterns and even possible intentions. In many cases, these records become crucial in identifying the sequence of events, the intent, planning and execution of a crime/offense.
Constitutional scenario
The Constitution of Nepal prohibits the enactment of any law or order that undermines fundamental freedoms and constitutional values. Article 19(3) stipulates that the means of communication cannot be obstructed except by law. Article 28 guarantees the right to privacy concerning one’s body, residence, property, documents and communications. The Individuals’ Right to Privacy Act, 2018, under Section 11 and 25, empowers investigating agencies to collect personal information during the investigation of an offense with authorization from a court or some other appropriate authority. This Act seeks to strengthen the right to privacy; however, its provisions clarify that privacy is not absolute and may be restricted during criminal investigations by the police.
Article 20 further provides that no defendant shall be compelled to testify against themselves and that they have the right to be informed of the actions taken against them.
Criminal laws
Though Nepal lacks an independent law specifically governing CDRs, multiple laws—including the Right to Privacy Act, 2075; Narcotic Drugs Act; Telecommunication Act, 2053; and the Electronic Transaction Act, 2063—have provided the legal basis for collecting individuals’ data during criminal investigations.
The Nepal Telecommunications Authority (NTA) directs telecommunication service providers to archive call records for at least one year. The NTA also instructs service providers to furnish CDRs to investigating authorities upon a court order.
Section 10A of the Narcotic Drug (Control) Act, 2033 authorizes investigating agencies to collect phone records and other communication details of any person under investigation. A similar legal provision is found in Section 18 of the Organized Crime (Prevention) Act, 2070, which empowers investigators to obtain communication data for crime control purposes.
The Telecommunications Act, 2053, under Section 19, empowers the government to tap telephones or obtain call details of any individual when deemed necessary under the law.
Further, the Guidelines Relating to Access to Justice (Procedure), 2074, adopted by the Supreme Court of Nepal, entrusts district courts with the authority to regulate the procedure for obtaining call details. Section 4 of the guidelines requires the investigating officer to submit copies of the First Information Report (FIR) or Police Report, along with other relevant documents, when seeking court permission to access a person’s call details. Section 7 provides that the police or any other investigating authority may request the court for access to information such as location, SMS, CDRs, user details, SIM user and location, call-wise location, IP address and internet activity logs, among other details. Section 11 stipulates that the district judge’s decision in this regard shall be final.
In Advocate Baburam Aryal v Government of Nepal (NKP 2074, Part 59, Decision No. 9740), the Supreme Court held that obtaining call or SMS details without legal authorization is unlawful. The court emphasized that while criminal investigations may rely on CDRs, such actions must strictly adhere to the procedures prescribed by law and order.
Section 297 of the National Criminal Code, 2017 prohibits the interception or recording of another person’s telephone conversation without proper authorization or consent. Violation of this provision is punishable by up to two years’ imprisonment or a fine of up to NPR 20,000 or both. Section 299 prohibits deceitful telephone calls or transmitting messages. It provides that a person who commits such an offense shall be liable to a sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both.
Global precedent
In India, Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 [Indian Evidence Act, 2023] provides that magistrates have the authority to permit or deny the collection of CDR information.
In China, there is no requirement for a judicial order to obtain CDR information. The legal framework does not recognize the concept of a warrant, and security personnel have the authority to detain individuals or demand CDRs directly.
In Japan, CDRs are obtained by investigating agencies only upon the order of judicial officials, ensuring judicial oversight in the process.
Way forward
The CDRs are a valuable tool for understanding networks, as they reveal who called whom, how frequently and for how long. They help uncover criminal networks and associates, playing a crucial role in tracking the whereabouts of suspects, defendants and their accomplices.
Despite their importance, an independent legislation dealing with CDRs is still due in Nepal. There is scope for amending the National Criminal Procedure Code to formally incorporate a mechanism for the lawful collection and use of CDRs in investigations.
Kathmandu defeat Janakpur in NPL opener
Kathmandu Gorkhas began their second season of Nepal Premier League (NPL) campaign with a five-wicket victory over defending champion Janakpur Bolts in the opening day-night match played under floodlights at the Tribhuvan University International Cricket Ground in Kirtipur on Monday.
Chasing a target of 131, Kathmandu reached 131/5 in 18 overs. Ben Charlesworth powered the innings with a blistering 46 off 23 balls, hitting five fours and three sixes. Opener Aakash Tripathi anchored the chase with 39 runs from 45 deliveries. Though the Gorkhas lost quick wickets in the middle overs, short cameos from Milind Kumar (19), John Simpson (13) and Mohammad Aadil Alam (8* off 4) ensured a comfortable finish.
Earlier, Janakpur Bolts posted 130/6 in their 20 overs after being put in to bat. Aasif Sheikh top-scored with a fluent 54 off 41 balls, while Mayan Yadav contributed an unbeaten 34 off 29. Janakpur struggled for momentum as Kathmandu’s Milind Kumar produced an excellent spell, taking three wickets for 15 runs. He was awarded man of the match. Santosh Yadav and Shahab Alam claimed one wicket each, while Karan KC picked up one wicket but was expensive.
The Gorkhas dominated the powerplay with 55 runs without loss and maintained control throughout the chase.
The tournament continues tomorrow with Chitwan Rhinos facing Kathmandu Yaks at 11:45 am, followed by a day-night clash between Biratnagar Kings and Pokhara Avengers at 4:00 pm, both matches set to be played in Kirtipur.
COP30: Nepal steps up mountain advocacy
Minister for Agriculture and Livestock Development Madan Prasad Pariyar landed in Brazil on Sunday to lead Nepal’s delegation to COP30, currently underway in Belém. Nepal’s national statement at the plenary is scheduled for Monday.
Secretary of the Ministry of Forests and Environment, Rajendra Prasad Mishra, who had been leading the delegation during the first half of the conference, returned to Nepal after handing over leadership to Pariyar. COP30, running from Nov 10–21, has entered its second week, with negotiations intensifying on climate finance, adaptation, and the global stocktake.
Joint-secretary at the Ministry of Forests and Environment, Maheshwar Dhakal, said Nepal is making “good progress in both quality and quantitative interventions,” adding that the mountain agenda is gaining momentum this year.
Nepal has been active in multiple negotiation tracks, including the Climate Finance High-Level Ministerial Dialogue, where Secretary Gobinda Bahadur Karkee presented the country’s key priorities. He highlighted Nepal’s disproportionate climate impacts as a landlocked and mountainous nation, noting rapid glacier melt, rising glacial lake outburst flood risks, and over 500 climate-induced deaths in the past two years. He called for strengthened direct access to climate funds, operationalization of the New Collective Quantified Goal agreed last year, and simplified financing processes for vulnerable developing countries. Nepal also urged developed countries to deliver meaningful outcomes under Article 9 and provide climate finance that is accessible, predictable, and responsive to mountain nations.
Meanwhile, negotiations under the Gender and Climate Change agenda item remain stalled, with no agreement possible until all parties concur. Nepali delegates spent nearly 12 hours in coordination meetings, making interventions in the text. In the Global Goal on Adaptation (GGA) informal consultations, Nepal pushed for recognition of mountainous and landlocked regions, retention of strong language on adaptation finance, and emphasis on grant-based public financing for vulnerable mountain communities. Nepal reiterated its commitment to work constructively toward a comprehensive GGA outcome.
Nepal also held discussions with Japan’s Weathernews Inc team and the Ministry of Foreign Affairs on potential collaboration in early information technology. On the Global Stocktake, Nepali negotiators, supported by several allies, succeeded in retaining the reference to “mountain” in the latest draft text.
Leah Stokes, environmental politics and public policy professor at University of California, Santa Barbara told the Associated Press that rather than acting as an individual by yourself trying to make yourself as small as possible at COP, (you can) join with others to try to make your impact as big as possible. “Very little is not nothing. Joining others in community-based actions can have a far larger impact than one person can have alone. Community action takes different forms. The most effective option depends on what kind of change you’re trying to accomplish.”
Also, Manjeet Dhakal, head of the LDC Support Team and a key adviser to the Least Developed Countries (LDC) Group told The Climate Watch that LDC represents 44 nations across Asia and Africa, including Bangladesh and Nepal from South Asia. “For these countries, negotiating collectively is essential because it is extremely difficult to negotiate individually in a process as complex as the UNFCCC. The LDC Group provides negotiating strength and a unified voice.”
UN Climate Change Executive Secretary Simon Stiell, addressing negotiators at the stocktake plenary, urged countries to push harder, emphasizing that the Paris Agreement’s success depends on collective effort and compromise. With ministers arriving, he reminded delegates that time is running out to secure balanced and meaningful outcomes at COP30.
Meanwhile, Australia’s Energy Minister Chris Bowen has travelled to COP30 to campaign for Australia to host next year’s climate summit, as the country remains locked in a standoff with rival bidder Turkey. Both nations submitted their bids in 2022 and neither has stepped aside since, prompting Australian Prime Minister Anthony Albanese to write to Turkish President Tayyip Erdogan earlier this month in an effort to break the deadlock.
Bowen said a decision would be made during COP30 and insisted that “Australia has the overwhelming support of the world to host” the conference, according to an official transcript of his remarks at Sydney Airport. He added that he plans to vigorously promote Australia’s candidacy and showcase the country’s clean energy transition at the summit in Belém.
Australia hopes to co-host the event with Pacific island nations for the first time, demonstrating a united front against what Bowen described as the “existential threat of climate change.” He said Australia has much to lose but that strong action now can help avoid the worst consequences. The Pacific Islands Forum, representing 18 countries, has formally endorsed Australia’s bid, with several member states facing severe risks from rising sea levels.
Positioning itself as a future “renewable energy superpower,” Australia is shifting away from coal and gas and seeking investment in critical minerals, green steel, and technologies such as battery storage. Turkey, meanwhile, argues that it wants a COP focused more directly on financing climate action in developing countries, while highlighting its own progress toward its 2053 net-zero goal.
Outside the venue, thousands of demonstrators marched roughly four kilometres near the conference site, calling for stronger climate action. Protests earlier in the week briefly disrupted talks, including one incident where two security guards sustained minor injuries. Many participants expressed relief at being able to protest freely—unlike in more restrictive host countries in recent years, such as Azerbaijan, the UAE, and Egypt.
GenZ groups aim for long-term political movement
GenZs who staged the massive countrywide demonstrations on Sept 8 and 9 are now working to institutionalize the uprising as a political movement. In the two months since the protest, nearly 40 GenZ groups have emerged. Although each group carries its own identity, priorities, and internal structure, youth leaders say they are increasingly converging around a single objective: to establish the September protest as a coherent, long-term political movement pushing for systemic reforms.
According to youth leaders involved in coordination, the groups diverge on strategy: some prioritize system change, constitutional amendments, and governance reforms, while others emphasize anti-corruption measures or economic revival. Yet discussions over the past week suggest growing agreement that the September protests were not a one-off eruption but the beginning of a broader political assertion by young Nepalis.
Several groups are drafting common charters, messaging guidelines, and long-term mobilization plans. They are also exploring ways to institutionalize cooperation, potentially through a loose coalition, a national network, or a joint secretariat.
The Prime Minister’s Office (PMO) is also actively engaging with representatives from the GenZ groups. Prime Minister Sushila Karki has met with youth activists, who have formally submitted their demands. To streamline communication, the PMO has established a focal point dedicated to handling GenZ concerns, facilitating dialogue, and coordinating follow-up actions. This focal point has already begun holding regular meetings with youth leaders to better understand their agendas and expectations.
Beyond the PMO, youth groups have initiated discussions with major political parties, civil society networks, issue-based advocacy organizations, and policy experts. These engagements aim to gauge political willingness for reform and identify potential avenues for youth participation in governance.
Analysts say the rise of these GenZ collectives reflects deeper frustrations over unemployment, corruption, poor public service delivery, and a lack of accountability. However, formalizing a political movement brings its own challenges, such as sustaining momentum, managing ideological diversity, preventing co-option by established forces, and ensuring the movement represents young Nepalis beyond urban centers. Some experts caution that without clear leadership structures, a shared policy roadmap, and long-term strategic thinking, the energy could dissipate.
Still, the youth groups remain optimistic. The GenZ coalitions plan to continue internal consultations to finalize common agendas. At the same time, their engagement with the PMO and political parties is expected to intensify, especially as the government signals readiness to consider certain reforms.
Whether the groups ultimately form a unified political platform or a looser civic movement remains to be seen. But one thing is clear: GenZ is preparing to claim a far more assertive role in shaping the country’s political future.



