OFFENCES, INVESTIGATION, ADJUDICATION, PENALTIES ETC.
Part-1: Offences & Penalties
[Repealed] 54. Penalty for damage to computer, computer system, etc.–If any person, without permission of the owner or any person who is in charge of a computer, computer system or computer network,–
(a) accesses or secure access to such computer, computer system or computer networks for the purpose of destroying information or retrieving or collecting information or assists other to do so;
(b) downloads, copies or extracts any data, computer database or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;
(c) introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;
(d) damages or causes to be damaged willingly in any computer, computer system or computer network, data, computer database or any other programmes residing in
such computer, computer system or computer network;
(e) disrupts or causes disruption of any computer, computer system or computer
network;
(f) denies of causes the denial of access to any person authorized to access any
computer, computer system or computer network by any means;
(g) provides any assistance to any person to facilitate access to a computer, computer system or computer network, in contravention of the provisions of this Act, rules or regulations made thereunder;
(h) for the purpose of advertisement of goods and services, generates or causes
generation of spams or sends unwanted electronic mails without any permission of
the originator or subscriber;
(i) charges the services availed of by a person to the account of another person by
tampering with or manipulating any computer, computer system or computer
network; then the above said activities shall be treated as offences of the said person.
(2) If any person commits offence under sub-section (1) of this section, he shall be
punishable with imprisonment for a term which may extend to ten years, or with fine which may extend to Taka ten lakhs, or with both.
Explanation.–For the purpose of this section–
(i) “computer contaminant” means any set of computer instructions that are designed–
(a) to modify, destroy record, transmit data or program residing within a computer,
computer system or computer network; or
(b) by any means to usurp the normal operation of the computer, computer system or computer network;
(ii) “computer database” means a representation information, knowledge, facts, concepts or instructions in the form of text, image, audio or video that–
(a) are being prepared or have been prepared in a formalized manner by a computer, computer system or computer network; and
(b) are intended for use in a computer, computer system or computer network;
(iii) “computer virus” means such computer instruction, information, data or program, that–
(a) destroys, damages, degrades or adversely affects the performance of a computer
resource; or
(b) attaches itself to another computer resource and operates when a program, data or instruction is executed or some other event takes place in that computer;
(iv) “damage” means to destroy, alter, delete, add, modify or rearrange any computer resource by any means.
[Repealed] 55. Punishment for tampering with computer source code.–(1) Whoever intentionally or knowingly conceals, destroys or alters or intentionally or knowingly causes other person to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network, when the computer source code is required to be kept or maintained by any law for time being in force, then this activity of his will be regarded as offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to Taka three lakhs, or with both.
Explanation.–For the purpose of this section, “computer source code” means the listing of programs, computer commands, design and layout and program analysis of computer resources in any form.
[Repealed] 56. Punishment for hacking with computer system.–(1) If any person–
(a) with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person, does any act and thereby destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means;
(b) damage through illegal access to any such computer, computer network or any other electronic system which do not belong to him; then such activity shall be treated as hacking offence.
(2) Whoever commits hacking offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to ten years, or with fine which may extend to Taka one crore, or with both.
[Repealed] 57. Punishment for publishing fake, obscene or defaming information in electronic form.– 
(1) If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in electronic form any material which is fake 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 to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to ten years and with fine which may extend to Taka one crore.
58. Punishment for failure to surrender licence.–(1) Where any Certifying Authority fails to surrender a licence under section 34 of this Act, the person in whose favour the licence is issued, the failure of the person shall be an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka ten thousands, or with both.
59. Punishment for failure to comply with order.–(1) Any person who fails to comply with any order made under section 45 of this Act, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka one lakh, or with both.
60. Punishment for failure to comply with order made by the Controller in emergency —
(1) Any person who fails to comply with any order made under section 46 of this Act, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to Taka five lakhs, or with both.
61. Punishment for unauthorized access to protected systems.–(1) Any person who secures access or attempts to secure access to protected system in contraventions of section 47 of this Act, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to ten years, or with fine which may extend to Taka ten lakhs, or with both.
62. Punishment for misrepresentation and obscuring information.–Whoever makes any misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be
punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka two lakhs, or with both.
63. Punishment for disclosure of confidentiality and privacy.–Save as otherwise provided by this Act or any other law for the time being in force, no person who, in pursuance of any of the powers conferred under this Act, or rules and regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material shall, without the consent of the person concerned, disclose such electronic record, book, register,
correspondence, information, document or other material to any other person shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka two lakhs, or with both.
64. Punishment for publishing false Digital Signature Certificate.–No person shall publish a Digital Signature Certificate or otherwise make it available to any other person knowing that–
(a) the Certifying Authority listed in the certificate has not issued it; or
(b) the subscriber listed in the certificate has not accepted it; or
(c) the certificate has been revoked or suspended;
unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation and by breaching the rules such Digital Signature Certificate is published or otherwise make it available to others shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be
punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka two lakhs, or with both.
65. Punishment for publishing Digital Signature Certificate for fraudulent purpose etc.–
Whosoever knowingly creates and publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be
punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka two lakh, or with both.
[Repealed] 66. Punishment for using computer for committing an offence.–(1) Whosoever knowingly assists committing crimes under this Act, using any computer, e-mail or computer network, resource or system shall be regarded as an offence.
(2) Whoever aids committing any offence under sub-section (1) of this section he shall be punishable with the punishment provided for the core offence.
67. Offences committed by companies etc.–If any offence is committed by a company under this Act, then each director, manager, secretary, partner, officer and staff of the company who has directly involvement in committing the said offence shall be guilty of the offence or the contraventions, as the case may be, unless he proves that the offence or contravention was committed without his knowledge or that he exercised sue diligence in order to prevent commission of such offence or
contravention.
Explanation.—For the purposes of this section.—
(a) “company” means any body corporate and includes commercial firm, partnership
business, cooperatives, association, organization or other association of individuals;
and
(b) “director” in relation to a commercial firm includes a partner or member of Board of Directors.