Monday, January 30, 2017

Cyber Crimes Related Laws in Bangladesh

The Government of Bangladesh has set up the Cyber Crimes Tribunal for trying persons accused of such offences. The Tribunal relies mainly on the Information and Communication Technology Act, 2006 for this purpose. Further on is a concise reflection on cyber crimes and respective punishments in Bangladesh. However, kindly note that the referred provisions of the 2006 Act have been unoffici
ally translated by the Author since the language of the original Act is Bangla.

Harming a computer or computer system:

The following among others shall be considered as “Harming a computer or computer system” as per S. 54 of the ICT Act, 2006:

1. Accessing into or assisting another to access into a computer or computer system or computer network in order to tamper with saved information or retrieve or collect data.
2. To infect or to attempt to infect a computer or computer system or computer network with malware or virus.
3. To intentionally create and/or to send spam emails for selling any product or service or any attempt thereof, or sending unsolicited emails etc.
4. To deposit or attempt to deposit service charges of one into the accounts of another by unjust Interference into a computer or computer system or computer network

A convict of the abovementioned offences shall be punished with imprisonment for at least 07 (seven) years which may extend to 14 (fourteen) years or with a fine which may extend to Taka 01 (0ne) crore or with both.
Publishing false, obscene or defamatory information:

It shall be an offence as per S. 57 of the said Act to publish or broadcast anything in electronic form which:

(i) is false and obscene or,
(ii) in a given context, if read, may influence another to turn deviant or dishonest, or
(iii) is defamatory
(iv) Interrupts with or is likely to interrupt with the law and order
(v) Derogates the public image of a state or person or hits or is likely to hit religious sentiments or by such information inciting against any person or association

A convict of the abovementioned offences shall be punished with imprisonment for at least 07 (seven) years which may extend to 14 (fourteen) years or with a fine which may extend to Taka 01 (0ne) crore or with both.

A victim of any of the above offences may resort to the Cyber Crimes Tribunal, which is bound to deliver its decision within 06 (six) months from the date of framing of charges.
However, it is pertinent to mention that as of October 2015, the Government of Bangladesh was formulating the Digital Security Act, 2015, which is expected to cover shortcomings of the ICT Act of 2006.

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