Full text · showing key sections
(a) “Appellate Tribunal” means
Information and Communication Technology Act, 2006
Cyber Appellate Tribunal constituted under section 82 of (Act No. 39 of 2006);
(b) “database” means information, knowledge, facts, concepts or instructions presented in text, image, audio or video form, which—
(b) is or has been formally prepared by any computer or computer system or computer network; And
(a) prepared for use on any computer or computer system or computer network;
(c) “Agency” means the National Cyber Security Agency constituted under section 5;
(d) “Computer Emergency Response Team” or “Computer Incident Response Team” means the Computer Emergency Response Team or Computer Incident Response Team referred to in sub-section (2) of section 9;
(e) “computer system” means an interconnected system of one or more computers or digital devices capable of receiving, transmitting or storing data, individually or in conjunction with each other;
(f) “Council” means the National Cyber Security Council constituted under section 12;
(g) “Critical Information Infrastructure” means any such external or virtual information infrastructure as declared by the Government which controls, processes, transmits or stores any data or any digital or electronic information and which, if damaged or endangered—
(n) public safety or economic security or public health; And
(a) national security or state integrity or sovereignty,
It can have harmful effects;
(h) “National Computer Emergency Response Team” means the National Computer Emergency Response Team referred to in sub-section (1) of section 9;
(j) “Tribunal” has the meaning
Information and Communication Technology Act, 2006
Cyber Tribunal constituted under section 68 of (Act No. 39 of 2006);
(j) “digital” means an even-number (0 and 1/binary) or digit-based operation system, and for the purposes of this Act, includes electrical, digital magnetic, optical, biometric, electrochemical, electromechanical, wireless or electro-magnetic technology;
(k) “digital device” means any electronic, digital, magnetic, optical or data processing device or system, which uses electronic, digital, magnetic or optical impulses to perform logical, arithmetic and memory operations, and is connected to any digital or computer device system or computer network, and shall include all input, output, processing, storage, digital device software or communication facilities;
(l) “Digital Forensic Lab” means the Digital Forensic Lab described in section 10;
(d) “police officer” means any such police officer not below the rank of Inspector;
(d) “program” means instructions expressed in sound, signal, record or in any other form in a machine-readable medium, by means of which any particular function may be effected or effected by a digital device;
(n) “Criminal Procedure Code” has the meaning;
Code of Criminal Procedure, 1898
(Act No. V of 1898);
(v) "person" means any person or institution, company, partnership, firm or other body, in relation to a digital device, its controller and includes any entity or artificial legal entity created by law;
(th) “unlawful access” means access to any computer or digital device or digital network or digital information system without the permission of any person or authority or in violation of the conditions of such permission, or by such access to obstruct the exchange of any data in the said information system or to suspend or interrupt or stop its processing, or to change or amplify or add to or remove the said data or collect any data through any digital device;
(d) “Director-General” means the Director-General of the Finance Agency;
(d) “defamation” means defamation as defined in section 499 of the Penal Code (Act No. XLV of 1860);
(n) “Malware” means any digital or electronic instructions, data, programs or apps which—
(n) alter, distort, destroy, damage or impair the performance of or adversely affect the performance of any computer or digital device;
(a) connects itself with any other computer or digital device and becomes active during the execution of any program, data or instructions of the said computer or digital or electronic device and causes any harmful change or event in the said computer or digital or electronic device; or
(e) steals or creates automated access to information on any digital or electronic device;
(c) “spirit of liberation war” means those ideals of nationalism, socialism, democracy and secularism which motivated our brave people to dedicate themselves and sacrifice their lives as brave martyrs in the national liberation struggle;
(f) “cyber security” means the security of any digital device, computer or computer system;
(b) “service provider” means—
(n) any person who enables any user to communicate through a computer or digital process; or
(a) any such person, entity or organization that processes or stores computer data for or on behalf of the Service or users of the Service;
Information and Communication Technology Act, 2006
It shall apply in the sense in which it is used.
Right to Information Act, 2009
(Act No. 20 of 2009) shall remain in force.
(a) ensuring emergency security of critical information infrastructure;
(b) promptly take necessary measures to remedy cyber or digital attacks and cyber or digital security breaches;
(c) taking necessary measures to prevent possible and imminent cyber or digital attacks;
(d) for the purposes of this Act, with the approval of the Government, undertaking general cooperative activities, including exchange of information, with any similar foreign team or organization; And
(e) performing other functions prescribed by rules.
(a) conduct its operations by suitably qualified and trained manpower;
(b) ensure its physical infrastructural facilities;
(c) take necessary steps to maintain the security and confidentiality of information stored thereunder;
(d) use quality equipment to maintain technical standards for digital forensic testing; And
(e) carry out the work in the manner prescribed by the rules, following the scientific process.
(a) the Prime Minister, Government of the People's Republic of Bangladesh, who shall also be its Chairman;
(b) Ministers, Ministers of State and Deputy Ministers of the Ministry of Posts, Telecommunications and Information Technology;
(c) the Minister, Ministry of Law, Justice and Parliamentary Affairs;
(d) Advisor to the Prime Minister on ICT;
(e) the Principal Secretary to the Prime Minister;
(f) the Governor, Bangladesh Bank;
(g) Secretary, Department of Posts and Telecommunications;
(h) Secretary, Department of Information and Communication Technology;
(j) Secretary, Department of Public Safety;
(j) Foreign Secretary, Ministry of Foreign Affairs;
(k) Inspector General of Police, Bangladesh Police;
(l) Chairman, Bangladesh Telecommunication Regulatory Commission;
(d) the Director General, Directorate General of Defense Intelligence;
(d) Director General, National Security Intelligence Agency;
(n) the Director General, National Telecommunication Monitoring Centre; And
(r) Director General, National Cyber Security Agency.
(a) providing necessary guidance for remediation of cyber security threats;
(b) advising on cyber security infrastructure development and manpower augmentation and upgrading;
(c) formulation of inter-institutional policies aimed at ensuring cyber security;
(d) taking necessary measures to ensure proper enforcement of laws and rules made thereunder; And
(e) perform any other function prescribed by law.
For the purposes of this Act, the Government may, by notification in the Government Gazette, declare any computer system, network or information infrastructure to be a critical information infrastructure.
(a) enters unlawfully; or
(b) damages or destroys or disables it by unlawful entry or attempts to do so,
If such act of such person shall be an offence.
(a) commits an offense under clause (a), he shall be punished with imprisonment for a term not exceeding 3 (three) years, or with a fine not exceeding 25 (twenty five) lakhs, or with both; And
(b) commits any offense under clause (b), then he shall be punished with imprisonment not exceeding 6 (six) years, or with fine not exceeding 1 (one) crore, or with both.
(a) unlawfully accesses or facilitates access to any computer, digital device, computer system or computer network; or
(b) unlawfully accesses, or assists in the entry of, any computer, digital device, computer system or computer network for the purpose of committing an offence, such act by such person shall be an offence.
(a) commits an offense under clause (a), shall be punished with imprisonment not exceeding 6 (six) months, or with fine not exceeding two (two) lakhs of rupees, or with both;
(b) commits any offense under clause (b), then he shall be punished with imprisonment not exceeding 3 (three) years, or with fine not exceeding 10 (ten) lakhs, or with both.
(a) collects any data, database, information or excerpt thereof from any computer, computer system or computer network, or collects information from such computer, computer system or computer network, including transferable stored data, or collects copies or parts of any data;
(b) intentionally introduces or attempts to introduce any infectious, malware or harmful software into any computer, computer system or computer network;
(c) intentionally damages, or attempts to damage, any computer, computer system, computer network, data or computer database or damages or attempts to damage any other program stored on such computer, computer system or computer network;
(d) obstructs or attempts to obstruct any authorized or authorized person's access to any computer, computer system or computer network;
(e) knowingly generates or attempts to generate or market spam or send unsolicited electronic mail for the purpose of marketing any product or service, without the consent of the sender or subscriber; or
(f) wrongfully interferes with or tampers with any computer, computer system or computer network, accepts the services of any person or collects or attempts to collect charges as another,
If such act of such person shall be an offence.
Explanation-For the purposes of this section, “digital or electronic fraud” means the manipulation by any person of any improper data or program, information or false operation, information system, computer or digital network by preparing, altering, erasing and concealing the input or output of any computer or digital device without or in excess of granted rights or through unauthorized exercise.
Explanation-For the purposes of this section, “digital or electronic fraud” means any person intentionally or knowingly or without permission altering, deleting, adding new information or distorting any information in any computer program, computer system, computer network, digital device, digital system, digital network or social media to reduce its value or usefulness, to attempt to obtain any advantage or damage to himself or any other person or resorting to deception.
24 (1) If any person intentionally or knowingly uses any computer, computer program, computer system, computer network, any digital device, digital system or digital network-
(a) impersonates another person or misrepresents any other person's personal information with intent to defraud or deceive; or
(b) intentionally falsely assumes the identity of any person, living or dead, for the purposes set out below,-
(b) benefiting or causing to be benefited by himself or any other person;
(a) acquiring any property or interest in property;
(e) harming any person or entities;
If such act of such person shall be an offence.
(a) knowingly or knowingly transmits, transmits, publishes or disseminates any information that is offensive or intimidating or is intended to annoy, insult, defame or degrade any person, whether or not known to be false; or
(b) publishes, or disseminates or assists in the dissemination of, any information in a wholly or partially distorted form, whether defaming the image or reputation of the State, or spreading misinformation, or otherwise, whether known to be slanderous or false,
If such act of such person shall be an offence.
Explanation-For the purposes of this section, "identifying information" means any external, biological or physical information or any other information which, singly or collectively, identifies a person or system, including name, photograph, address, date of birth, mother's name, father's name, signature, national identity card, birth and death registration number, fingerprint, passport number, bank account number, driving license, e-TIN number, electronic or digital signature, username, credit or debit card number, Voyage Prints, Retina Images, Iris Images, DNA Profiles, Security Questions or any other identification that is readily available for technology excellence.
(a) interferes with lawful access to or unlawfully accesses any computer or computer network or Internet network with intent to endanger national integrity, security and sovereignty and to instill fear among the public or any section thereof;
(b) causes contamination of any digital device or introduces malware which causes or is likely to cause death or serious injury to any person; or
(c) impairs or disrupts the provision of essential goods and services to the public or adversely affects any critical information infrastructure; or (d) willfully or knowingly enters or accesses any computer, computer network, Internet network, stored data or computer database or accesses any such stored data or computer database which may be used for any purpose prejudicial to friendly relations or public order with a foreign state or for the benefit of a foreign state or any person or group,
In that case, the similar act of the person will be a cyber terrorism crime.
If a person publishes or disseminates defamatory information as described in section 499 of the Penal Code (Act No. XLV of 1860) on a website or in any other electronic format, then such act of such person shall be an offense and he shall be punished with a fine not exceeding 25 (twenty five) lakhs of rupees.
(a) conducts e-transactions without lawful authority using any digital or electronic medium from any bank, insurance or other financial institution or mobile financial service provider; or
(b) carry out e-transactions notwithstanding that any e-transaction issued by the Government or Bangladesh Bank, from time to time, has been declared invalid,
If such act of such person shall be an offence.
Explanation-For the purpose of this section, "e-transaction" means any instruction, order or authority given by a person to transfer his funds to any bank, financial institution or any specified account number by digital or electronic means, instructions, order or authority to deposit or withdraw funds and any money transfer by any digital or electronic means.
If any person commits hacking, it shall be an offense and shall be punishable with imprisonment not exceeding 14 (fourteen) years, or with fine not exceeding 1 (one) crore rupees, or with both.
Explanation-For the purposes of this section, “hacking” means—
(a) steal, destroy, destroy, alter or reduce the value or usefulness of or otherwise damage any information in a computer database; or
(b) causing damage to any computer, server, computer network or other electronic system not owned or occupied by the user.
Explanation-For the purposes of this section,-
(a) “company” shall include any commercial establishment, partnership, association, association or organization;
(b) in the case of a commercial enterprise, “director” shall include any partner or member of the board of directors thereof.
If a person causes financial loss to another person by digital or electronic fraud under section 22, digital or electronic fraud under section 23 or impersonation or impersonation under section 24, the Tribunal may order compensation to be paid to the affected person by way of compensation equal to the loss caused or such amount as it deems fit.
A service provider shall not be liable under this Act or the rules made thereunder for having arranged to obtain information, if he is able to prove that the offense or violation concerned was committed without his knowledge or that he has made every effort to prevent the said offense from being committed.
(a) complete the investigation within 90 (ninety) days from the date of receipt of responsibility for the investigation of any crime;
(b) if he fails to complete the investigation within the time prescribed under clause (a), he may, subject to the approval of his controlling officer, extend the period of investigation by an additional fifteen (15) days;
(c) If he fails to complete any investigation work within the time prescribed under clause (b), he shall inform the Tribunal in the form of a report recording the reason thereof, and with the permission of the Tribunal, complete the investigation work within the next 30 (thirty) days.
(a) take possession of any computer, computer program, computer system, computer network or any digital device, digital system, digital network or any program, data stored on any computer or compact disc or removable drive or by any other means;
(b) taking necessary steps to collect traffic data from any person or organization; And
(c) performing such other functions as may be necessary for carrying out the purposes of this Act.
If any police officer has reason to believe that—
(a) any offense under this Act has been committed or is likely to be committed; or
(b) any computer, computer system, computer network, data or evidence relating thereto is kept at any place or with any person in connection with an offense committed under this Act,
If so, he may, by recording reasons for such belief, obtain a search warrant by applying to the Tribunal or, as the case may be, the Chief Judicial Magistrate or the Chief Metropolitan Magistrate and perform the following functions,
(b) interception of any traffic data in the possession of any service provider;
(a) Interference with any wire or electronic communication, including customer information and traffic data, at any stage of communication.
(a) enter and search the said place and, if the entry is obstructed, take necessary action in accordance with the Code of Criminal Procedure;
(b) confiscation of any computer, computer system, computer network, data or other equipment used in the commission of the crime found during the search of the said place and any document helpful in proving the crime;
(c) searching the body of any person present at the said place;
(d) arrest any person present at the said place if it is suspected that he has committed or is committing any offense under this Act.
(a) access to the relevant computer, computer system, computer network or any part thereof is not possible;
(b) If the relevant computer, computer system, computer network or any part thereof is not seized for the purpose of preventing crime or ongoing crime, the data is likely to be lost, destroyed, altered or made scarce.
While conducting an investigation under this Act, the investigating officer may request any person or entity or service provider to provide information or assist in the investigation and if any such request is made, the concerned person, entity or service provider shall be obliged to provide necessary assistance including providing information.
Information and Communication Technology Act, 2006
(Act No. 39 of 2006) shall follow the provisions of Part-2 and Part-3 of Chapter VIII, namely:-
(a) the procedure of the Tribunal and Appellate Tribunal;
(b) time limit for delivery of judgment;
(c) not barring the imposition of any other penalty in respect of fine or confiscation;
(d) power of detention or arrest in public places, etc.;
(e) method of search; And
(f) Jurisdiction of Appellate Tribunal and procedure for hearing and disposing of appeals.
50 (1) The Tribunal or the Appellate Tribunal, while conducting the proceedings, may take the opinion of any person experienced in computer science, digital forensics, electronic communication, data protection etc.