This paper provides an overview of the major offences and their punishments under the Information & Communication Technology (ICT) Act 2006.
Offences and punishments under the ICT Act
The ICT Act addresses offences related to information and communication technology misuse. Common offences include unauthorized access, data theft, cyber fraud, harassment, online defamation, and distribution of obscene materials. Punishments can vary but typically involve fines, imprisonment, or both, depending on the severity of the offence. It’s important to consult the legislation of your specific jurisdiction for accurate and up-to-date information on the offences and their corresponding punishments.
Publishing fake, obscene or defaming information in electronic form
If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in electric form any material which is fake and obscene or its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates the possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity will be regarded as an offence.
Punishment
Whoever commits the offence of publishing fake, obscene or defaming information in the electric form shall be punished with imprisonment for a term which may extend to minimum 7 years and a maximum of 14 years and with a fine which may extend to 10 lacs Taka or with both.
Hacking with computer system
If any person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person does any act and thereby destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means or damages through illegal access to any such computer, computer network or any other electronic system which do not belong to him, then such activity shall be treated as hacking offence.
Punishment
Whoever commits hacking with a computer system shall be punished with imprisonment for a term which may extend to a minimum of 7 years and a maximum of 14 years or with a fine which may extend to 10 lacs Taka or both.
Unauthorized access to protected systems
Any person who secures access or attempts to secure access to a protected system then this activity of his will be regarded as an offence.
Punishment
whoever commits unauthorized access to protected systems shall be punished with imprisonment for a term which may extend to a minimum of 7 years and a maximum of 14 years or with a fine which may extend to 10 lacs Taka or both.
Disclosure of confidentiality and privacy
No person who has secured access to any electronic record, book, register, correspondence, information, document, or other material shall, without the consent of the person concerned, disclose such electronic record book, register, correspondence, information, document or other material to any other person shall be regarded as an offence.
Punishment
Any person who commits disclosure of confidentiality and privacy shall be punished with imprisonment for a term which may extend to 2 years or with a fine which may extend to 2 lacs Taka or both.
Using the computer to assist in the committing of an offence
Whosoever knowingly assists in committing crimes under the ICT Act, using any computer, e-mail, or computer network, resource, or system shall be regarded as an offence.
Punishment
Any person who aids the committing of an offence as stated above shall be punished with the punishment provided for the core offence.
ICT practice at CLP:
The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh, are highly experienced in assisting clients in dealing with all kinds of offences and punishments under the ICT Act. For queries or legal assistance, please reach us at:
E-mail: info@counselslaw.com
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.
