ICT Act, 2006

Bangladesh National Parliament
Dhaka, 23 Ashwin, 1413/8 October, 2006
The following Act undertaken by the Parliament received approval from the President on 23 Ashwin, 1413 corresponding to 8 October 2006 and thus published for the public: —
Act No. 39 of the year 2006
Act prepared to provide legal recognition and security of Information and Communication Technology and rules of relevant subjects Since it is plausible and necessary to provide legal recognition and security of Information & Communication Technology and prepare rules of relevant subjects;
Thus hereby the following Act has been created:–
Chapter I
PRELIMINARY
1. Short Title, extent and commencement.–(1) This Act may be called the Information & Communication Technology Act, 2006.
(2) It shall extend to the whole of Bangladesh.
2. Definitions.– In this Act, unless the context otherwise requires,–
(1) “digital signature” means data in an electronic form, which–
(a) is related with any other electronic data directly or logically; and
(b) is able to satisfy the following conditions for validating the digital signature–
(i) affixing with the signatory uniquely;
(ii) capable to identify the signatory;
(iii) created in safe manner or using a means under the sole control of the
signatory; and
(iv) related with the attached data in such a manner that is capable to identify
any alteration made in the data thereafter.
(2) “digital signature certificate” means a certificate issued under section 36;
(3) “electronic” means electrical, digital, magnetic, wireless, optical, electromagnetic or any technology having equivalent such capability;
(4) “electronic data interchange” means transferring data from one computer to another computer electronically by following a standard for the purpose of organizing
information;
(5) “electronic form” with reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, microfilm, computer generated microfiche or similar device or technology;
(6) “electronic gazette” means the official gazette published in the electronic form in
addition to official printed & published gazette;
(7) “electronic record” means data, record or data generated, image or sound stored,
received or sent in an electronic form or microfilm or computer generated microfiche;
(8) “internet” means such an international computer network by which users of computer, cellular phone or any other electronic system around the globe can communicate with one another and interchange information and can browse the information presented in the websites;
(9) “electronic mail” means information generated electronically and transmitted using internet;
(10) “data” means a representation of information, knowledge, facts, concepts or
instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed, or has been processed in a computer system or computer network, and may be in any form including computer printouts, magnetic or optical storage media, punch cards, punched tapes or stored internally in the memory of the computer;
(11) “data message” means electronic, electronic data interchange including optical,
electronic mail, telegram, telex, fax, telecopy, short message or created something
similar, sent, received or stored information;
(12) “website” means document and information stored in computer and web server which can be browsed or seen by the user through internet;
(13) “computer” means any electronic, magnetic, optical or other high-speed data
processing device or system which performs logical, arithmetical and memory
functions by manipulations of electronic, magnetic or optical impulses, and includes
all input, output, processing, storage, computer software or communication facilities
which are connected or related to the computer in a computer system or computer
network;
(14) “computer network” means the interconnection of one or more computers through the use of satellite, microwave, terrestrial line, wireless equipment, wide area network, local area network, infrared, WiFi, bluetooth or other communication media; and terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained;
(15) “subscriber” means a person in whose name the Digital Signature Certificate is
issued;
(16) “chairman” means a chairman appointed under cyber appeal tribunal of section 82 of this Act;
(17) “civil procedure” means Code of Civil Procedure, 1908 (Act V 0f 1908);
(18) “penal code” means Penal Code, 1860 (Act XLV of 1860);
(19) “prescribed” means prescribed by rules;
(20) “secure signature generating machine or technology” means any signature generating machine or technology subject to the conditions illustrated under section 17;
(21) “addressee” with reference to data message means a person who is intended by the originator to receive the electronic record but does not include any intermediary;
(22) “verification” means such procedure used to identify signatory or authentication of data message;
(23) “originator” with reference to data message means a person who sends or prepares data message before preservation or causes any date message to be sent, generated, stored or transmitted but does not include an intermediary;
(24) “regulation” means regulation prepared under this Act;
(25) “criminal procedure” means Code of Criminal Procedure, 1898 (Act V of 1898);
(26) “person” relates to unique person having any natural entity, partnership business, union, company, body corporate, cooperatives;
(27) “adjudicating officer” means an adjudicating officer of cyber tribunal constituted
under section 68 of this Act;
(28) “rule” means rule prepared under this Act;
(29) “medium” means any person sending, receiving, advancing or saving any data
message or any service rendering on this data message on behalf of any other person for a particular data message;
(30) “licence” means a licence granted under section 22 of this Act;
(31) “authentication service provider” means certificate issuing authority or any person rendering service related to digital signature.
(32) “certifying authority” means a person or authority who has been granted a licence under section 18 to be read with section 22 of this Act to issue a Digital Signature Certificate:
(33) “certification practice and description of procedure” means certification practice and description of procedure defined by the regulation where practices and procedures are written for issuing Digital Signature Certificate;
(34) “member” means a member of cyber appeal tribunal constituted under section 82 of this Act;
(35) “signatory” means a person providing signature generated through signature
generating machine or procedure;
(36) “signature verification machine” means software or hardware used for verifying
signature;
(37) “signature generating machine” means software or hardware used generating data for creating signature;
(38) “cyber tribunal” or “tribunal” means a cyber tribunal constituted under section 82 of this Act;
(39) “cyber appeal tribunal” means a cyber appeal tribunal constituted under section 82 of this Act.
3. Domination of the Act.– Where any law provides whatever anything it contained, the rules of this Act shall be in force;
4. Inter-state application of the Act.–(1) If any person commits offence or contravention under this Act outside of Bangladesh which is punishable under this Act if he commits it in Bangladesh, then this Act shall apply as such he commits offence or contravention in Bangladesh;
(2) If any person commits offence or contravention in Bangladesh under this Act from outside Bangladesh using a computer, computer system or computer network located in Bangladesh, then this Act shall apply as such the entire process of the offence or contravention took place in Bangladesh;
(3) If any person from within Bangladesh commits offence or contravention outside of
Bangladesh under this Act, then this Act shall apply against him as such the entire process of the offence or contravention took place in Bangladesh;

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