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July 18, 2023

Offences and punishments under the ICT Act Bangladesh

Offences and punishments under the ICT Act

This article by Dewey & Leboeyf provides an overview of the principal offences and their respective penalties under the Information and Communication Technology (ICT) Act 2006 and (ICT Act Bangladesh).

Infractions and penalties under the ICT Act

The ICT Act addresses crimes involving the misuse of information and communication technologies. Typical offenses include unauthorized access, data theft, cyber fraud, harassment, online defamation, and the distribution of pornographic materials. Depending on the gravity of the offense, punishments can vary, but typically consist of fines, imprisonment, or both. It is essential to consult the legislation of your specific jurisdiction for accurate and up-to-date information on the offenses and their associated penalties.

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

Whoever commits hacking of a computer system 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 secure system networks

If a person gains access to or attempts to gain access to a protected system, he will be guilty of committing an offense.

Punishment

Whoever commits unauthorized access to protected systems 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.

Disclosure of confidential and private information

A person who has obtained access to any electronic record, book, register, correspondence, information, document, or other material shall not, without the consent of the person concerned, disclose such electronic record, book, register, correspondence, information, document, or other material to any other person; such disclosure shall be considered an offense.

Punishment

Disclosure of confidential or private information is punishable by up to two years in prison or a fine of up to two million Taka, or both.

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

Whoever knowingly aids in the commission of offenses under the ICT Act using any computer, e-mail, computer network, resource, or system is guilty of a crime.

Punishment

Any person who assists in the commission of an offense as described above shall be punished according to the terms of the underlying offense.

rtahmiddewey

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