Offences and Punishments Under the ICT Act Bangladesh

This article by Dewey & LeBoeuf provides an overview of the principal offences and their respective penalties under the Information and Communication Technology (ICT) Act 2006 and (ICT Act Bangladesh). Here, we are going to learn more about offences and punishments under the ICT Act Bangladesh

Infractions and penalties under the ICT Act

The ICT Act of Bangladesh addresses a wide range of offenses involving the misuse of digital technologies, computer systems, and online networks. These crimes often include unauthorized access to computer resources, data theft, cyber fraud, online harassment, defamation, and the distribution of obscene or pornographic materials. The severity of the punishment typically depends on the nature and impact of the offense. Sanctions may include imprisonment, fines, or both. It is vital to consult the latest version of the Act and relevant amendments to ensure accurate and up-to-date understanding, as legal provisions may evolve over time.

Electronic distribution of false, offensive, or defamatory material

If a person intentionally publishes or transmits or causes to be published or transmitted in the website or in electronic form any material which is false 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 or creates the possibility of causing law and order to deteriorate, or prejudices the image of the State or a person, that person shall be

Punishment

Whoever commits the offense of publishing false, profane, or defamatory information in electronic form shall be punished with imprisonment for a minimum of 7 years and a maximum of 14 years, a fine of up to 10 lacs Taka, or both.

Unauthorized access to a computer system

If a person, with the intent to cause or the knowledge that he is likely to cause wrongful loss or damage to the public or any person, destroys, deletes, or alters any information residing in a computer resource, diminishes its value or utility, affects it injuriously by any means, or damages it through unauthorized access to a computer, computer network, or other electronic system that does not belong to him, then such conduct shall be treated as a criminal offense.

Punishment

Any person found guilty of hacking or gaining unauthorized access to a computer system shall face imprisonment for a minimum of seven (7) years and a maximum of fourteen (14) years, or a fine of up to ten lakh (1,000,000) Taka, or both.

Unauthorized access to secure system networks

Protected or secure systems, often used by government institutions, banks, or critical infrastructures, are afforded additional legal safeguards. If a person attempts to gain access to or successfully breaches such a protected system without authorization, the act constitutes a grave cyber offense.

Punishment

Unauthorized access to protected systems is punishable by imprisonment for a minimum of seven (7) years and a maximum of fourteen (14) years, or a fine of up to ten lakh (1,000,000) Taka, or both.

Disclosure of confidential and private information

If an individual, after gaining access to any electronic record, correspondence, book, register, or confidential document, discloses such information to another person without consent, it is treated as an offense under the ICT Act. This provision aims to protect the privacy and confidentiality of individuals and organizations from unauthorized exposure or misuse of their digital data.

Punishment

The unauthorized disclosure of confidential or private information is punishable by imprisonment of up to two (2) years, or a fine of up to two lakh (200,000) Taka, or both.

Using a computer to aid in the commission of a crime is prohibited.

Any individual who knowingly uses a computer, e-mail, network, or any other electronic system to assist in committing a criminal offense under the ICT Act shall be considered complicit in that offense. This includes activities such as providing technical support, digital tools, or communication channels to facilitate cybercrimes.

Punishment

A person found guilty of aiding or abetting the commission of a cyber offense shall be punished according to the penalties prescribed for the main offense itself.

Conclusion

The ICT Act of Bangladesh serves as a cornerstone in ensuring digital security and accountability in the nation’s growing technological landscape. It plays a crucial role in deterring misuse of online platforms, protecting individuals from cyber exploitation, and promoting responsible digital behavior. However, as technology evolves rapidly, so do the forms of cybercrimes. It is therefore essential that both individuals and organizations remain aware of their digital responsibilities and the potential legal consequences of violating the ICT Act. Continuous legal reform, public awareness, and ethical use of technology are key to fostering a safer and more trustworthy digital environment in Bangladesh.