Establishment of Cyber Tribunal, Investigation of Offences, Adjudication, Appeal Etc.

68. Establishment of Cyber Tribunal.—(1) The Government shall, by notification in the Official Gazette, establish one or more Cyber Tribunals to be known as Tribunal at times for the purposes of speedy and effective trials of offences committed under this Act.
(2) Cyber Tribunal established under sub-section (1) of this section in consultation with the Supreme Court shall be constituted by a Session Judge or an Additional Session Judge appointed by the Government; and similarly appointed a Judge to be known as “Judge, Cyber Tribunal.”
(3) Local jurisdiction of entire Bangladesh or jurisdiction of one or more Session Divisions can be given to the Cyber Tribunal established under this Act; and the Tribunal only prosecutes the offences committed under this Act.
(4) The on-going prosecution of any case of any Session Court shall not be suspended or transferred automatically to the Tribunal of local jurisdiction concerned due to tendering of local jurisdiction of entire Bangladesh or parts of jurisdiction constituted by one or more Session Divisions to the Tribunal established by the Government later on, however, the Government by notification in the
Official Gazette, transfer the case to the Tribunal having special local jurisdiction.
(5) Any Tribunal, taken decision otherwise, shall not be bound to retaking statement of witness who has already given statement, or taking rehearing or begin again any other activities already undertaken under sub-section (1) of this section, however, the Tribunal shall continue the prosecution from where it stood on the basis of already taken or presented statement from the witness.
(6) The Government, by order, shall define the place and time; accordingly the special Tribunal shall conduct its activities from that place and time.
69. Trial procedure of Cyber Tribunal.–(1) Without written report of a police officer not below the rank of Sub-Inspector or the prior approval of the Controller or any other officer authorized by the Controller the special Tribunal shall not accept any offence trial.
(2) The Tribunal shall follow the rules mentioned in the Chapter 23 of the Code of
Criminal Procedure, if they are not inconsistent with the rules of this Act, which is used in Session Court.
(3) Any Tribunal shall not suspend any prosecution without having written reasons and unless it is required for the sake of just adjudication.
(4) If the Tribunal is in the opinion that the accused person has been absconded and for that it is not possible to arrest him and produce him before the Tribunal and there is no possibility to arrest him immediately, in that case the Tribunal can order the accused person to appear before the Tribunal by publishing such order in two mass circulated national Bengali dailies and if the accused person fails to do so, the prosecution shall take place in his absence.
(5) The rules mentioned in sub-section (4) of this section shall not be applicable if the
accused person fails to appear before the Tribunal or absconded after getting bail.
(6) The Tribunal can order any police officer, or the Controller, or any officer authorized by the Controller, as the case may be, to reinvestigate the case and submit the report within the stipulated time of its own initiative or any application lodged to the Tribunal.
70. Application of code of criminal procedure in the activities of Tribunal.—(1) Rules of Code of Criminal Procedure, as far as, are not inconsistent with the rules of this Act shall be applicable in the activities of this Tribunal and it will have all the power as exercised by the Session Court.
(2) The person prosecuting the case on behalf of the Government in this tribunal to be known as public prosecutor.
71. Rules relating to bail.—The Judge of Cyber Tribunal shall not bail any person accused in committing crime under this Act, which is punishable, unless–
(a) Hearing opportunity is given to the Government side on similar bail orders;
(b) The Judge is satisfied that,–
(i) There is reasonable cause to believe that the accused person may not be
proved guilty in the trial;
(ii) The offence is not severe in relative term and the punishment shall not be
tough enough even the guilt is proved.
(c) He writes down the reasons of similar satisfactions.
72. Time limit to deliver verdict.–(1) The Judge of Cyber Tribunal shall give the verdict within ten days from the date of completing of taking evidence or debate, what happened later, unless he extends the time limit no more than ten days with having written reasons.
(2) If the verdict is given by the Cyber Tribunal under sub-section (1) of this section or any appeal is lodged against the verdict to the Cyber Appellate Tribunal then Cyber Tribunal or Cyber Appellate Tribunal concerned shall forward the copy of the verdict of the appeal to the Controller for preserving it in the electronic records repository room established under section 18 (7) of this Act.
73. Prescribed timeframe for dissolving cases by Cyber Tribunal.—(1) The Judge of Cyber Tribunal shall complete the prosecution within six months since the date of filing the charge sheet.
(2) If the Judge of Cyber Tribunal fails to complete the prosecution within the time limit fixed under sub-section (1) of this section can extend the time limit another three months having written the reasons.
(3) If the Judge of Cyber Tribunal fails to complete the prosecution within the timeframe fixed under sub-section (2) of this section can continue the prosecution process having written the reasons and submitted it as a report to the High Court and the Controller. 
74. Prosecution of offence by Session Court.—Whatever is contained in the Code of Criminal Procedure, until the special tribunal has not been established, the Session Court shall prosecute any offence committed under this Act.
75. Prosecution procedure followed by the Session Court.—(1) To prosecute any offence committed under this Act which is trialed in Session Court, Session Court shall follow the rules mentioned in section 23 of the Code of Criminal Procedure which is applicable in Session Court trial.
(2) Any Session Court shall not accept any prosecution/trial of any offence committed under this Act without any written report from the police officer not below the rank of Sub-Inspector of the Police and prior approval of the Controller or any officer authorized by the Controller, whatever is contained in the Code of Criminal Procedure.
76. Investigation of crime, etc.—(1) Whatever is contained in the Code of Criminal Procedure, the Controller or any officer authorized by the Controller, or any police officer not below the rank of Sub-Inspector of the Police shall investigate any offence committed under this Act.
(2) Offence committed under this Act shall be non-cognizable offence.
77. Confiscation.—(1) Any computer, computer system, floppies, compact disks (CDs), tape drives or any other accessories related thereto, in respect of which any provision of this Act, rules, orders or regulations made thereunder has been or is being contravened, or in respect of which any offence has been committed, shall be liable to confiscation by an order of the court trying an offence or contravention.
(2) If the court is satisfied, that the computer, computer system, floppies, compact disks (CDs), tape drives or any other accessories belonging to a person or under control of him related thereto, in respect of which any provision of this Act, rules, orders or regulations made thereunder has not been responsible to contravene, or committing an offence, then the computer, computer system, floppies, compact disks (CDs), tape drives or any other accessories shall not be confiscated.
(3) If any legal computer, computer system, floppies, compact disks (CDs), tape drives or any other accessories is found with the computer, computer system, floppies, compact disks (CDs), tape drives or any other accessories which is confiscated under sub-section (1) of this section shall also be confiscated.
(4) Any computer or other relevant accessories belonging to the Government or Body Government Authority is used to commit an offence under sub-section (1) of this section, whatever contained in this section, shall not be confiscated.
78. Penalties or confiscation no bar against other punishments.—No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby may be liable under any other law for the time being in force.
79. Network service providers not to be liable in certain cases.—For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, or rules and regulations made thereunder, for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised due diligence to prevent the commission of such offence or contravention.
Explanation.—For the purposes of this section,–
(a) “network service provider” means an intermediary;
(b) “third party information” means any information dealt with by a network service
provider in his capacity as an intermediary.
80. Power of seize or arrest in public place, etc.—Any investigation taken under this Act, the Controller, or any officer of Government authorized by the Government or any police officer not below the rank of a Sub-Inspector of Police are in opinion that an offence has been committed or being committed or offence which is punishable under this Act has been committed, then having written the reasons, may enter the public place and search and seize the germane materials and arrest the
concerned person or the offender.
81. Procedure of search, etc.—The provisions of the Code of Criminal Procedure shall, subject to the provisions of this Act, apply, so far as may be, in relation to all investigations, entry, search and arrest made under this Act.