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The Parliament has enacted a law by the title of Pornography Control Act, 2012. The law was approved by the President of Bangladesh on 08 March 2012 having been accepted by the Parliament. The preamble of the Act very correctly identifies the reason behind enacting this piece of legislation.
The preamble says this Act has been enacted to prevent deterioration of moral and ethical values of the society. Information technology with its immense benefits has got some disadvantages as well if it is used by mischief people with criminal intention. It has been seen in our country that video clips, MMS etc, of sexual intercourse or behavior relating to sexual activities have been recorded on camera by a section of people and then used to blackmail, cheat, defame girls and women.
But The law is observed to be rigid by its nature
and has drawn criticism from different quarters of society. on the other hand, the
provisions of the Digital Security Act were passed by the parliament in
September. The most controversial Act came into effect in October 2018. Though
the Act opposed was by many members of media and human rights organizations but
yet it came into effect.
Offencess and Punishment under above two laws
Offences and Punishment of porngraphy control Act 2012
17) Punishment for Illegal Entrance in
Critical Information Infrastructure, etc.: -
Offence
(1) If any person intentionally or
knowingly in any Critical information infrastructure-:
a. Illegally enters, or
b. By means of illegal entrance, harms or
destroys or renders inactive the infrastructure or
tries to do so then the above activity of
that person will be an offense under the Act.
Punishment
(2) If any person of Sub Section (1)-:
a. Commits any offense within the Clause
(a) then, the person will be penalized by
imprisonment for a term not exceeding 7(seven)
years or by fine not exceeding 25
(twenty five) lacs taka or
with both.
b. Commits any offense within Clause (b)
then, the person will be penalized by
imprisonment for a term not exceeding 14 (fourteen)
years or with fine not exceeding 1
(one) crore taka or with
both.
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits the offense then, he
will be punished with lifetime imprisonment or
with fine not exceeding 5 (five)
crore taka or with both.
18) Illegal Entrance in computer, digital
device, computer system, etc. and punishment:-
Offence
(1) If any person willingly:
a. illegally
enters or help to enter in any computer, computer system or computer network, or
b. illegally enters or helps to enter with
the intention of committing a crime then the
activity of that person will be a offense
under the Act
Punishment
(2) If any person under Sub Section (1)- a.
Commits any offense within the Clause (a) then, the person will be penalized
with imprisonment for a term not exceeding 6 months or by fine
not exceeding 3 (three) lacs taka or with both.
b. Commits any offense within Clause (b)
then, the person will be penalized with
imprisonment for a term not exceeding 3(three)
years or with fine not exceeding 10
(ten) lacs taka or with
both.
(3) If an offence within the Sub-Section
(1), is committed in case of a secured computer or
computer system or computer network then,
the person will be penalized by imprisonment
for a term not exceeding 3(three)
years or by fine not exceeding 10 (ten) lacs taka or with
both.
(4) If any person commits the offense
within this Section for the second time or recurrently
commits it then, he will be penalized with
punishment that is two times of the punishment
designated for the main offense
19) Damage of Computer, Computer System,
etc. and punishment:-
Offence
(1) If any persona. Collects any data or
data-storage, information or part of it from any computer, computer
system, or computer network or collects
transferable information or part of it or copy of
it stored in the said computer, computer
system or computer network, or
b. Intentionally inserts or tries to
insert any virus or malware or any harmful software in
any computer or computer system or
computer network, or
c. Intentionally harms or tires to harm
the data or data-storage of any computer, computer
system, or computer network or harms or
tries to harm the Programs protected in a
computer, computer system, or computer
network or
d. By any means stops or tries to stop a valid
or authorized person to enter any computer,
computer system, or computer network, or
e. Intentionally creates or tries to
create spam or undesired emails without the permission
of the sender or receiver, for any product
or service marketing, or
f. Interferes unjustly in any computer,
computer system or Computer network or by lies
and deliberate falsity enjoys the service
of an individual or transfers the charge or tries
to transfer of such service into the
account of another
Then, that person’s activity will be an
offense under the Act.
Punishment
(2) If any person commits any offense
mentioned within sub section (1), the person will be
penalized with imprisonment for a term not
exceeding 7(seven) years or fine not exceeding
10 (ten) lacs taka or with
both.
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be
punished with imprisonment for a term not exceeding
10( ten) years of
imprisonment or with fine not exceeding 25 (twenty five) lacs
taka or with
both.
20) Offenses relating to Computer Source
Code Change and Punishment:-
Offence
(1) If any person intentionally or
knowingly hides or destroys or changes the source code used
in any computer, computer system, or
computer network or if he tries to hide, destroy or
change the source through another person
and if that source code is preserved and
securable then that act of the said person
will be considered an offense under the Act.
Punishment
(2) If any person commits any offense
mentioned within sub section (1), the person will be
penalized with imprisonment for a term not
exceeding 3 (three) years or fine not exceeding
3 (three) lacs taka or with
both.
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be
punished with imprisonment for a term not exceeding
5(five) years or with fine
not exceeding 5 (five) lacs taka or with both.
21) Punishment for Any propaganda or
campaign against liberation war, Cognition of
liberation war, Father of the nation,
National Anthem or National Flag: -
offence
(1) If any person by means of digital
medium runs any propaganda or campaign or assists in
running a propaganda or campaign against
the liberation war of Bangladesh, Cognition of
liberation war, Father of the Nation,
National Anthem or national Flag then, that act of that
person will be an offense under the Act.
Punishment
(2) If any person commits any offense
mentioned within sub section (1), the person will be
penalized with imprisonment for a term not
exceeding 10 (ten) years or with fine not
exceeding 1 (one) crore taka
or with both.
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be
punished with life term imprisonment or with fine
not exceeding 3 (three) crores or
with both.
22) Digital or Electronic Forgery:-
Offence
(1) If any person commits forgery by means
of any digital or electronic medium then that
activity of that particular person will be
an offense under the Act.
Punishment
(2) If any person commits any offense
mentioned within sub section (1), the person will be
penalized with imprisonment for a term not
exceeding 5 (five) years or with a fine not
exceeding 5 (five) lacs taka
or with both.
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be
punished with imprisonment for a term not exceeding
7 (seven) years or with fine
not exceeding 10 (ten) lacs taka or with both.
23) Digital or Electronic Fraud:-
Offence
(1) If any person commits fraud by means
of any digital or electronic medium then that activity
of that particular person will be an
offense under the Act.
Punishment
(2) If any person commits any offense
mentioned within sub section (1), the person will be
penalized with imprisonment for a term not
exceeding 5 (five) years or by fine not exceeding
5 (five) lacs taka or with
both
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be
punished with imprisonment for a term not exceeding
7 (seven) years or with fine
not exceeding 10 (ten) lacs taka or with both.
24) Identity Fraud or Being in Disguise:-
Offence
(1) If any person intentionally or
knowingly uses any computer, computer Program, computer
system, computer network, digital device,
digital system or digital network,
a. With the intention of deceiving or
cheating carries the identity of another person or shows any person’s identity
as his own, or
b.
Intentionally by forgery assuming the identity of a alive or dead person as
one’s own for
the following purpose:
i. To achieve some advantages for oneself
or for any other person;
ii. To acquire any property or interest in
any property;
iii. To harm a person by using another
person’s identity in disguise.
Then the Act of the person will be an
offense under the Act.
Punishment
(2) If any person commits any offense
mentioned within sub section (1), the person will be
penalized by imprisonment for a term not
exceeding 5 (five) years or fine not exceeding 5
(five) lacs taka or both
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be
punished with imprisonment for a term not exceeding
7 (seven) years or with 10 (ten)
lacs taka or with both.
25) Publishing, sending of offensive,
false or fear inducing data-information, etc.:-
Offence
(1) If any person in any website or
through any digital medium:
a. Intentionally or knowingly sends such
information which is offensive or fear inducing, or which despite knowing it as
false is sent, published or propagated with the intention to annoy, insult,
humiliate or denigrate a person or
b. Publishes or propagates or assists in
publishing or propagating any information with the
intention of tarnishing the image of the
nation or spread confusion or despite knowing it
as false, publishes or propagates or
assists in publishing or propagates information in its
full or in a distorted form for the same
intentions. Then, the activity of that person will be an offense under the Act.
Punishment
(2) If any person commits any offense
mentioned within sub section (1), the person will be
penalized with imprisonment for a term not
exceeding 3(three) years of or fine not
exceeding 3(three) lacs taka
or with both.
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be
punished with imprisonment for a term not exceeding
5(five) years or with fine
not exceeding 10 (ten) lacs taka or with both.
26) Punishment for Collecting, Using
sIdentity Information without Permission, etc :-
Offence
(1) If any person without any legal
authority collects, sells, takes possession, supplies or uses
any person’s identity information, then,
that activity of that person will be an offense under
the Act.
Punishment
(2) If any person commits any offense
mentioned within sub section (1), the person will be
penalized with imprisonment for a term not
exceeding 5 (five) years or fine not exceeding 5
(five) lacs taka or with
both.
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be
penalized with imprisonment for a term not exceeding 7 (seven)
years or with fine not exceeding 10 (ten) lacs taka or with both.
27) Punishment for committing
Cyber-terrorism: -
offence
(1) If any person –
a. With the intention to breach the
national security or to endanger the sovereignty of the
Nation and to instill terror within the
public or a part of them creates obstruction in the
authorized access to any computer,
computer network or internet network or illegally
accesses the said computer, computer
network or internet network or cause the act of
obstruction of access or illegal entry
through someone, or
b. Creates such pollution within any
digital device or inserts malware which causes in the
death of a person or results in serious
injury to a person or raises a possibility of it, or
c. Damages or destroys the supply of daily
necessities of public or adversely affects any
critical information infrastructure
d. Intentionally or knowingly enters or
penetrates any computer, computer network,
internet network, any secured data
information or computer database or such secured
data information or computer database
which can be used to damage friendly relations
with another foreign country or can be
used for acts against public order or which can
be used for the benefit any foreign
country or any foreign person or any group.
Then that activity of that person will be
considered as cyber security crime.
punishment
(2) If any person commits any offense
mentioned within sub section (1), the person will be
penalized with imprisonment for a term not
exceeding 14(fourteen) years or with fine not
exceeding 1(one) crore taka or with both.
(3) If any person commits the offense
mentioned in sub-section (1) for the second time or
recurrently commits it then, he will be
punished with lifetime imprisonment or with fine not
exceeding 5(five) crore taka or with both
28) Publication, Broadcast, etc. of such
information in any website or in any electronic format that hampers the
religious sentiment or values:-
Offence
(1) If any person or group intentionally
or knowingly with the aim of hurting religious
sentiments or values or with the intention
to provoke publish or broadcast anything by
means of any website or any electronic
format which hurts religious sentiment or values
then such activity of that person will be
considered an offence.
Punishment
(2) If any person commits an offence under
sub section (1), the person will be sentenced to a
term of imprisonment not exceeding 7 (seven)
years or fine not exceeding 10 (ten) lac or
both.
(3) If any person commits the offence
mentioned in sub-section (1) second time or repeatedly,
he will be punished with imprisonment not
exceeding 10 (ten) years or fine not exceeding
20 (twenty) lac taka or both.
29) To publish, broadcast, etc.,
defamation information:-
Offence and Punishment
(1) If a person commits an offence of publication
or broadcast defamatory information as
described in section 499 of the Penal Code
(Act XLV of 1860) in any website or in any other
electronic format then he will be
sentenced to a term of imprisonment not exceeding
3(Three) years or fine not exceeding
Tk.5 (Five) lac or both.
(2) If any person commits the offence
mentioned in sub-section (1) second time or repeatedly,
he he will be sentenced to a term
of imprisonment not exceeding 5(Five) years or fine not
exceeding Tk.10 (Ten) lac or both.
30) E-Transaction without legal authority
Offence and Punishment:-
(1) If any person:
Offence
a. Does e-transaction through electronic
and digital medium of any bank, insurance, or any other financial institution
or any mobile money service providing organization without legal authority,
or.
b. Does e-transaction that has been
declared illegal by the Government or Bangladesh Bank,.
Then such activity will be considered as
an offence.
Punishment
(2) If any person commits offence
mentioned in sub section (1), the person will be penalized
with either maximum of 5(five)
years of imprisonment or fine of Tk. 5 (five) lac or will be
punished with both.
(3) If any person commits the offence
mentioned in sub-section (1) for the second time or
repeatedly, he will be punished with a
maximum of 7(seven) years imprisonment or with
maximum fine of Tk. 10 (ten)
lac or both.
31) Deterioration of Act-order, etc. and
Punishment:-
Offence
(1) If any person intentionally publish or
broadcast any kind of file in any website or digital
format which will create hostility, hatred
or adversity among people or destroy any
communal harmony or create unrest or
disorder or deteriorates or threatens to
deteriorate the law and order then that
activity of that person will be considered as an
offence.
Punishment
(2) If any person commits any crime
mentioned within sub section (1), the person will be
penalized with imprisonment for a term not
exceeding to 7(seven) years or fine not
exceeding Tk. 5(five) lac or
with both.
(3) If any person commits the crime
mentioned in sub-section (1) for the second time or
recurrently commits it, he will be
punished with imprisonment for a term not exceeding
10(ten) years or with fine
not exceeding Tk.10 (ten) lac or with both.
32) Breaching Government Secret Offence
and Punishment:-
Offence and Punishment
(1) If any person commits or aids and
abets in committing an offence under Official Secrets Act, 1923 (Act No XIX of
1923) through computer, digital device, computer network, digital network or through
any other digital medium, then he will be punished to a term of
imprisonment not
exceeding 14(fourteen) years or
with fine not exceeding Tk.25 (Twenty Five) Lac or with both.
(2) If any person commits the offence
mentioned in sub-section (1) for the second time or
recurrently commits it, he will be
punished with life imprisonment or with fine not exceeding Tk.1(one) crore or
with both.
33) Illegal Transferring, Saving etc. of
Data-Information, Punishment:-
Offence
(1) If any person enters any computer or
digital system illegally and does any addition or subtraction transfer or with
the aim of transfer save or aid in saving any data-information belonging to government,
semi-government, autonomous or statutory organization or any financial or
commercial organization then the activity of that person will be considered an
offence.
Punishment
(2) If any person commits an offence
mentioned in sub section (1), he will be sentenced to a term of imprisonment
not exceeding 5(Five) years or with fine not exceeding Tk.10 (Ten)
lac or with both. (3) If any person commits the offence mentioned in
sub-section (1) second time or recurrently commits it then, he will be
sentenced to a term of imprisonment not exceeding 7(Seven) years
or with fine not exceeding Tk.15 (Fifteen) lac or with both.
34) Hacking Related Offence and
Punishment:-
Offence and Punishment
(1) If a person commits hacking then it
will be considered an offence. and for this, he will be
sentenced to a term of imprisonment
not exceeding 14(Fourteen) years or with fine not
exceeding Tk.1 (One) Crore or with
both.
(2) If any person commits the offence
mentioned in sub-section (1) second time or repeatedly
then, he will be penalized with life
imprisonment or with fine not exceeding Tk.5 (Five)
Crore or both
35) Aiding in Commission of Offence and
its Punishment:-
Offence
(1) If any person aids in committing any
offence under this Act then such act of that person will
be considered an offence.
Punishment
(2) In case of aiding of an offence, the
punishment will be the same as that of the original
offence.
36) Offence Committed by Company:-
Offence
(1) In case of a company committing an
offence under this Act, all such owner, chief executive, director, manager,
secretary, shareholder or any other officer or employee or representative of
the company having direct connection with the offence will be considered as the
offender unless he can prove that the offence took place without his knowledge
or he took all possible steps to stop the commission of the offence.
Punishment
(2)
If the company mentioned under subsection (1) is a company having corporate
legal personality then apart from the people mentioned, the company can also be
charged and found guilty under the same proceedings, but only the monetary
punishment can be imposed on the company as per the relevant provisions.
37) The power to give order of
compensation:
Offence and Punishment
If a person causes financial damage to
another person under Section 22 digital or electronic
forgery, under Section 23 digital or
electric fraud and under Section 24 identification fraud
or by means of disguise, the
tribunal may order him to compensate the affected person by
giving money equivalent to the
damage caused or a suitable amount after considering the
damage caused
MH Trek
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