The essence of enacting law is aimed to bind people by law, so that the people of the civil society remain alert and refrain themselves from doing any offence. They need to be conscious that once they commit any offence which falls under criminal jurisdiction needs to be in custody for any term and / or to pay fine or both. Those who don’t have propensity of committing offences, they are always scared about infringing law. As such, if they are found guilty they should be convicted lesser due to their previous clean report. On the other hand, when any person commits any offence due to his propensity, he should undergo custodial sentence for a little long period of time.
There should have difference in case of length of custodial sentence when someone commits or repeats the same offence. Otherwise, it doesn’t become equitable. Offence and punishment for committing cyber terrorism. Section 27; (1) If any person- (a) creates obstruction to make legal access, or makes or causes to make illegal access to any computer or computer network or internet network with an intention to jeopardize the integrity, security and sovereignty of the State and to create a sense of fear or panic in the public or a section of the public; or (b) creates pollution or inserts malware in any digital device which may cause or likely to cause death or serious injury to a person; or (c) affects or damages the supply and service of daily commodity of public or creates adverse effect on any critical information infrastructure; or (d) intentionally or knowingly gains access to, or makes interference with, any computer, computer network, internet network, any protected data-information or computer database, or gains access to
any such protected data information or computer database which may be used against friendly relations with another foreign country or public order, or may be used for the benefit of any foreign country or any individual or any group, then such person shall be deemed to have committed an offence of cyber terrorism.
Punishment(2) If any person commits an offence under sub-section (1), he shall be punished with imprisonment for a term not exceeding 14 (fourteen) years, or with fine not exceeding Taka 1 (one) crore, or with both. (3) If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for life, or with fine not exceeding Taka 5 (five) crore, or with both.
Digital Security Act 2018, Section 28; Publication, Broadcast etc of information in website or in any electronic format that hurts the religious values or sentiment- If any person or group intentionally or knowingly publishes or broadcasts anything in any electronic medium or website that causes harm to religious feelings or values, or is intended to insult or provoke religious sentiments, then such an act will be considered a crime according to this section.
Punishment: If any person commits an offence under sub-section (1), he shall be punished with imprisonment for a term not exceeding 5 (five) years, or with fine not exceeding Taka 10 (ten) lac, or with both. If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for a term not exceeding 10 (ten) years, or with fine not exceeding Taka 20 (twenty) lac, or with both.
Offence related to hacking and punishment thereof.- Section 34;
“hacking” means- (a) to destroy, cancel or change any information of the computer data storage, or to reduce the value or efficacy of it or to cause harm in any way; or
(b) to cause harm to any computer, server, computer network or any other electronic system by gaining access thereto without ownership or possession.
Punishment (1) If any person commits hacking, it shall be an offence, and for this, he shall be punished with imprisonment for a term not exceeding 14 (fourteen) years, or with fine not exceeding Taka 1 (one) crore, or with both.
(2) If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for life, or with fine not exceeding Taka 5 (five) crore, or with both.
Criticism: If someone commits the said offence for the first time then the prescribed punishment can be a custodial sentence or a fine not exceeding Taka 1(one) crore, or both. On the other hand, if any person is found to commit the said offence for the second time or there is propensity then he shall be sentenced to imprisonment for life, or with a fine not exceeding Taka 5 (five) crore, or with both.
This Act is enacted in 2018 and by that time it is certain that all over the country many such cases have been lodged in the proper court. However, there is hardly any example that the punishment could be implemented.
In view of the above, I would like to draw attention to the concerns that we should not just make an Act for the sake of enacting it. Rather it should be edited and corrected to make it more acceptable so long it does not suit the general people of the country overall considering issues e.g. the financial ability of the offenders. As such, it could be more useful, if it (the amount of fine) would be made based on the different types of income groups. The fines have been prescribed in the given law are not at all possible to implement. , such a fat amount of fine is rarely possible to pay to recover since very few people in our country can afford it. Besides, those who can afford to pay the said amount as a fine, generally do not commit such offences which our past record also witnessed.
Digital Security Act 2018, Section 28; Publication, Broadcast etc of information in website or in any electronic format that hurts the religious values or sentiment- If any person or group intentionally or knowingly publishes or broadcasts anything in any electronic medium or website that causes harm to religious feelings or values, or is intended to insult or provoke religious sentiments, then such an act will be considered a crime according to this section.
Punishment: If any person commits an offence under sub-section (1), he shall be punished with imprisonment for a term not exceeding 5 (five) years, or with fine not exceeding Taka 10 (ten) lac, or with both. If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for a term not exceeding 10 (ten) years, or with fine not exceeding Taka 20 (twenty) lac, or with both.
Offence related to hacking and punishment thereof.- Section 34;
“hacking” means- (a) to destroy, cancel or change any information of the computer data storage, or to reduce the value or efficacy of it or to cause harm in any way; or
(b) to cause harm to any computer, server, computer network or any other electronic system by gaining access thereto without ownership or possession.
Punishment (1) If any person commits hacking, it shall be an offence, and for this, he shall be punished with imprisonment for a term not exceeding 14 (fourteen) years, or with fine not exceeding Taka 1 (one) crore, or with both.
(2) If any person commits the offence referred to in sub-section (1) for the second time or repeatedly, he shall be punished with imprisonment for life, or with fine not exceeding Taka 5 (five) crore, or with both.
Criticism: If someone commits the said offence for the first time then the prescribed punishment can be a custodial sentence or a fine not exceeding Taka 1(one) crore, or both. On the other hand, if any person is found to commit the said offence for the second time or there is propensity then he shall be sentenced to imprisonment for life, or with a fine not exceeding Taka 5 (five) crore, or with both.
This Act is enacted in 2018 and by that time it is certain that all over the country many such cases have been lodged in the proper court. However, there is hardly any example that the punishment could be implemented.
In view of the above, I would like to draw attention to the concerns that we should not just make an Act for the sake of enacting it. Rather it should be edited and corrected to make it more acceptable so long it does not suit the general people of the country overall considering issues e.g. the financial ability of the offenders. As such, it could be more useful, if it (the amount of fine) would be made based on the different types of income groups. The fines have been prescribed in the given law are not at all possible to implement. , such a fat amount of fine is rarely possible to pay to recover since very few people in our country can afford it. Besides, those who can afford to pay the said amount as a fine, generally do not commit such offences which our past record also witnessed.
On the other hand, before enacting a law enforceable in civil society in any country, awareness among the people from every level is a preeminent issue to be considered. A new law without knowledge and/or awareness of the people in a country does not play any substantial role evidently.
In view of the above, I would like to draw attention to the concerns that we should not just make an Act for the sake of enacting it. Rather it should be edited and corrected to make it more acceptable so long it does not suit the general people of the country overall considering issues e.g. the financial ability of the offenders. As such, it could be more useful, if it (the amount of fine) would be made based on the different types of income groups. The fines have been prescribed in the given law are not at all possible to implement. , such a fat amount of fine is rarely possible to pay to recover since very few people in our country can afford it. Besides, those who can afford to pay the said amount as a fine, generally do not commit such offences which our past record also witnessed.
On the other hand, before enacting a law enforceable in civil society in any country, awareness among the people from every level is a preeminent issue to be considered. A new law without knowledge and/or awareness of the people in a country does not play any substantial role evidently.
The writer is an advocate
The Main Source of this Article: https://www.observerbd.com/news.php?id=415639
