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Status regarding Budapest Convention

Status regarding Budapest Convention

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Cybercrime policies/strategies

Bangladesh published a new Cybersecurity Strategy for 2021-2025 centred around 4 pillars:

  • Digital Government
  • Human resource development
  • IT industry promotions
  • Connecting Citizens.

Those 4 pillars are divided in several strategies including:

  • Enhancing national cyber security governance and ecosystem
  • Improving organization management and business operation
  • Strengthening cyber security incident management and active cyber defence
  • Enhancing Bangladesh’s cyber laws to address current and emerging threats
  • Enhancing capability and capacity of cybercrime enforcement.

Cybercrime legislation

State of cybercrime legislation

Laws relating cybercrime are Information and Communication Technology Act, 2006, Bangladesh the Penal Code, 1860, The Pornography Control Act, 2012 pg.16), and the Bangladesh Telecommunication Act, 2001.

The Bangladesh Information and Communication Technology (ICT) Act, 2006 amended in 2009 and 2013 defines and amends certain parts of law relating to legal recognition and security of information and communication technology and related matters. According to the ICT Act the cybercrime shall be treated as non-cognizable offence.

Digital Security Act 2018 includes some provisions regarding cybercrime.

A first draft of a “Regulation for digital, social media and OTT Platforms” was published by the Bangladesh Telecommunication Regulatory Commission in October 2021.

Substantive law

Bangladesh Information and Communication Technology (ICT) Act, 2006 and the Digital Security Act 2018 are the main substantive law of cybercrimes.

Bangladesh Information and Communication Technology (ICT) Act, 2006 :

Chapter Eight Sections 54 to 67 of the ICT Act 2006 describe the cybercrimes in both civil and criminal matters. As per the said provisions, the following shall be treated as crime: unauthorized copying, extracting and downloading of any data, database, introduction of virus, damage and disruption to computer system and computer network, denial of access to authorized person to computer, providing assistance to make possible to commit to crime, hacking with computer system, tampering computer source documents, electronic forgery for the purpose of cheating and harming reputation, using a forged Electronic record, publication of digital signature certificate for fraudulent purpose, confiscation of computer, network etc., publication of information which is obscene in electronic form, misrepresentation and suppressing material facts for obtaining digital signature certificate, breach of confidentiality and privacy, publishing false digital signature certificate.

Digital Security Act 2018 includes provisions on: definitions of computer system, illegal entrance, etc; illegal access (art. 18), electronic fraud (art. 23), search and seizure (art. 42), data preservation (art. 44)

Procedural law

The main general framework available to all cybercrime investigations is embodied in the Bangladesh Information and Communication Technology (ICT) Act as also Bangladesh Code of Criminal Procedure, 1898, and Bangladesh Evidence Act, 1872. Some procedures are included in the Digital Security Act 2018 – search and seizure with and without warrant.

Safeguards

There are no particular rules for cybercrimes but the normal safeguards given in Bangladesh Information and Communication Technology (ICT) Act as also Bangladesh Code of Criminal Procedure, 1898, and Bangladesh Evidence Act, 1872 and rules and regulations made there under the Constitution apply, if fundamental rights are in danger or violated.

Related laws and regulations

As of March 2022, The Government of Bangladesh is drafting a “Data Protection Act” (DPA) which, when enacted, will be the first data privacy law in Bangladesh.

Specialised institutions

Chapter Eight of the ICT Act creates a Cyber Tribunal & Cyber Appellate Tribunal to adjudicate of cybercrimes.

There are some Cybercrime prevention agencies like The Bangladesh Telecommunication Regulatory Commission (BTRC), Bangladesh Computer Security Incident Response Team (bdCERT) have been set up for the purpose of curbing cybercrimes.

Bangladesh has also set up various specialized cybercrime police stations. Cyber incident response unit and ‘a cybercrime investigation cell’ and ‘IT Crime Forensic Lab’ are set up by the Bangladesh police to fight against cybercrime or crime related with computer and other IT technology.

In the Digital Security Act 2018, a Digital Security Agency is established, in order to ensure the fulfilling of the Act.

International cooperation

Jurisprudence/case law

Sources and links

Print Bangladesh
Tools on Cybercrime & Electronic Evidence Empowering You!

These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 

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