Offences and punishments under the ICT Act

This paper provides an overview of the major offences and its punishments under the Information & Communication Technology (ICT) Act 2006.

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 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 electric form shall be punished with imprisonment for a term which may extend to minimum 7 years and maximum 14 years and with 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 the offence of hacking with computer system shall be punished with imprisonment for a term which may extend to minimum 7 years and maximum 14 years or with fine which may extend to 10 lacs Taka or with both.

Unauthorized access to protected systems

Any person who secures access or attempts to secure access to protected system then this activity of his will be regarded as an offence.

Punishment- whoever commits the offence of unauthorized access to protected systems shall be punished with imprisonment for a term which may extend to minimum 7 years and maximum 14 years or with fine which may extend to 10 lacs Taka or with 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 fine which may extend to 2 lacs Taka or with both.

Using computer for assisting the committing of an offence

Whosoever knowingly assists 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 at 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.