Prevention of Cyber Crime in Bangladesh

Research Monograph
On
“Prevention of Cyber Crime in Bangladesh”
Researcher
Mohammad Anisul Islam
Program: Victimology & Restorative Justice (VRJ)
Institute of Social Welfare and Research
University of Dhaka
Email: [email protected]
1
Abstract
This research is based on cybercrime only. The governments across the world, police
departments and intelligence units have started to react to cybercrimes. This study
provides an overview of cybercrime and examines awareness in different respondents
on the issue of cybercrimes in Bangladesh as well as emphasizes the severity of the
problem and the urgent need to limit its impact worldwide. It is pertinent to mention
that without creating a precise legal framework enabling law-enforcement agencies to
identify cyber offenders and prosecute them it is almost impossible to prevent cyber-
attacks and cybercrimes in Bangladesh. Here also described the internet uses and its
bad impact. The process of combating cybercrime is described here and the
implementations of laws are shown in it. This thesis is totally based on laws of our
country. It also focuses the lacings of our laws and how to solve this problem; it also
described. How to combat cybercrime and by which way; it also mentioned here.
Describe the combating system, which is mentioned in our Acts. What is the scenario
of our country; also shown in this. Bangladesh is not capable to combat it now; it is
proved in this research and the way of overcome from this is also mentioned. We have
no any laws to combating cybercrime and why it is urgent to make it; also elaborate in
this research.
The present technical protection measures in the prevention of cyber-crimes in

the country there are many circles and cases wherein such technology is not available
or failed or circumvented by a number of barriers. To remove all such obstacles, the
existence of a proper legal frame-work is of great importance for recreating and
maintaining cyber-security.
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Abbreviation and Acronyms
AFP : Australian Federal Police

CD : Compact Disc
BP : Bangladesh Police
BTTB : Bangladesh Telegraph and Telephone Board
CID : Criminal Investigations Department
ICT : Information and Communication Technology
IOP : Investigations, Operations and Prosecutions
IRC : Internet Relay Chat
ROMS : Read Only Memory
TEDS : Training and Executive Development Specialist
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Table of Contents
Letter of Transmittal
Dedication
Certificate of Acceptance
Declaration
Acknowledgment
Abstract
Abbreviation and Acronyms
Table of Contents
Chapter-01
General Introduction
1.1 Introduction
1.2 What exactly is cybercrime?
1.3 Historical Back ground of Cybercrime in Bangladesh
1.4 Chapterization
1.5 Conclusion
Chapter-02
Aims and Methods of the Study
2.1 Introduction
2.2 Literature review
2.3 Statement of problem
2.4 Aims and Objectives of the Study
2.5 Justification or rational
2.6 Scope & Limitations
2.7 Methodology of the Study
Chapter-3
Different types of Cybercrime in Bangladesh
3.1 Types of Cybercrime

3.2 Cyber Crimes against Property
3.3 Cybercrimes against Government
3.4 Cybercrimes Against Society at large
3.5 Present Situation
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Chapter 4
Cyber Laws in Bangladesh
4.1 Introduction
4.2.1 Information and Communication Technology Act, 2006
4.2.2 This Act declared following activities are Cybercrimes
4.2.3 Limitations of the said Act
4.3 Digital Nirapotta Ain 2018
4.3 Cyber Tribunal
4.4 Cyber Appellate Tribunal
4.5 Pornography Act 2012 and Child Pornography
4.6 Penal Code 1860
4.7 Bangladesh Telecommunication Act 2001
4.8 Cyber Crime Report
Chapter 5
Challenges for Implementation or Combating Cyber Crime
5.1 National Plan:

5.2 Law Makers on the Basis of Cyber
5.3 Law Ministry on the Basis of Cyber
5.4 Public Awareness about Cybercrime
5.5 Internet Based Education
5.6 Digital Security
5.7 Investigational Power and Investigational System
Chapter 6
Findings, Analysis, Recommendation & Conclusion
6.1 Introduction
6.2 Findings
6.3 Critical Analysis
6.4 Recommendations
6.5Conclusion
Bibliography
5
Chapter-01
General Introduction
1.4 Introduction:
Cybercrime is still a low priority in Bangladesh. Though computers are becoming

common house hold items and the numbers of internet users have already crossed thirty
millions, very few computer related offences are reported to the police. In Bangladesh
there is no Computer Emergency Response Team (CERT), no cyber police or virtual
police to handle the incidents such as computer abuses, hack attempts and other
information security breaches. Bangladesh has enacted the Information and
Communication Technology ACT of 2006(Act no 39 of 2006) with a maximum
punishment of 14 years of imprisonment or maximum fine of 10 million taka
(Bangladeshi currency) or with both for a cyber-crime. Still the legislation seems not
to be sufficient to effectively fight cyber-crimes in the country. The present
Government is expected to invest millions of taka to materialize its promise to build a
digital Bangladesh. This is why the issue of prevention of cyber-crime must get due
priority and a considerable portion of budget should be allocated to ensure the issue.
This chapter finds the policy of prevention of cyber-crimes in Bangladesh and also
provides some sort of recommendations.
1.2 What exactly is cybercrime?
 “A wide range of malicious activities, including the illegal interception of data,

system interferences that compromise network integrity and availability, and
copyright infringements”1.
 In 1997, John Carlin wrote an article for the Wired Magazine titled ‘A Farewell
to Arms’. While Ernest Hemingway’s novel of the same name tells about a
soldier literally bidding farewell to arms, John Carlin’s article presents a
completely different scene. In his article John Carlin brought forth a new idea.
1
The Council of Europe Convention on Cybercrime
6
What he meant to say is that future wars won’t require conventional weapons.
Instead they will be fought in another way. The way he foresaw nearly two
decades ago is the reality of today.
 “Offences that are committed against an individual or group of individuals with
a criminal motive to intentionally harm the reputation of the victim or cause
physical or mental harm or loss to the victim directly or indirectly using
modern telecommunication networks such as internet (chat rooms, emails,
notice boards or groups) and mobile phone (SMS/MMS).’’2
 “Cybercrime is taking a bottom-line toll on the corporate workplace. Last year,

losses exceeded $100 million—and that figure continues to skyrocket as
security breaches pose an increasing threat to U.S. corporations, banks, and
even the government”3.
Cyber criminals are most commonly known as hackers. The term “hacker” is now so
overused that it has come to be applied to anyone who breaks into computer systems.
But this is not entirely correct. There is a difference between hackers and crackers,
although the term “cracker” has never caught on with general public.
Hackers are people who gain unauthorized access to computers or

telecommunication systems, often just for the challenge of it. They think it as a
challenge which they accept for fun. Some of the hackers even believe and vigorously
claim that they are performing a service by exposing weaknesses and security flaws of
various computer networks. These hackers are not interested in obtaining anything or
have no motivation for financial gain. On the other hand crackers are people who
illegally break into computer systems for financial gains, shut down hardware pirate
software or alter or destroy data. They often engage in sabotaging the victim’s assets.
The aforementioned hackers are colloquially called ‘white-hat hackers’ (who are not
malicious) and those mentioned later are called ‘black-hat hackers’ (who are
malicious).
2
Dr. Debarati Haldar and Dr. K. Jaishankar
3
Beth Wilson
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1.3 Historical Back ground of Cybercrime in Bangladesh:
Bangladesh, despite being a third world country, has seen a technological revolution.
A Bangladeshi teenager has very easy access to computers and other devices. And so,
they get enough opportunity to engage in hacking. Hacking has already become a major
problem in Bangladesh. Young people are getting more and more interested in hacking
for the thrill in it. Not just young people, even the mainstream media is so often engaged
in the hacking and exposing private information.
The Mahmudur Rahman case is one of the leading cases in terms of cybercrimes
in Bangladesh and may be referred as the first cybercrime case in Bangladesh.
Mahmudur Rahman, the founder of a Bangladeshi newspaper named Amar Desh was
sued in line with a High Court directive for publishing reports on Skype conversation
between former International Crimes Tribunal chairman Justice Md Nijamul Huq and
an expatriate legal expert in December, 2012. He was sued along with the Amar Desh
publisher Hashmat Ali on December 13, 2012.
On 15/02/2012 a group of alleged Bangladeshi hackers named ‘Black Hat

Hackers’ hacked more than 25000 Indian websites which included important sites such
as the website of the Border Security Forces (BSF). Propaganda activities are also
considered as cyber-crimes in some instances. Propaganda is information which is
biased and misleading in nature used to promote or publicize a particular political cause
or ideology. It creates agitation and panic among the public. For example, we can
mention the 2012 Ramu Violence in Cox’s Bazar. Someone with a fake Facebook
account posted a photo of desecration of the Holy Quran on its wall. The fake account
was under a Buddhist male name. This post agitated the common Muslim people of that
area and they, without verifying the authenticity of the Facebook account, attacked
innocent Buddhist dwellers of that area. Many Buddhist temples, monasteries and
households were destroyed. So, it is clear that Bangladesh is not free from the threat of
cyber-crimes. Everyday new forms of cyber-crimes are happening and if it goes
unchecked, law and order situation will worsen.
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1.4 Chapterization:
The thesis has been divided into five chapters, as follows:
The first chapter is an introductory part of the study. The second Chapter deals about
Aims and Methods of the Study. The third chapter deal about the Different types of
Cybercrime in Bangladesh. The fourth chapter deals with the Cyber Laws in
Bangladesh, The fifth chapter deals with the Challenges for Implementation or
Combating Cyber Crime and the sixth chapter is general Findings, Analysis,
Recommendation & Conclusion.
1.6 Conclusion:
In a few words it stated that, this research is specifically based on prevention of

cybercrime in Bangladesh. This is the very important analysis for our country. Till 1996
to till today the crime in the cyber sector is very high and day by day it across beyond
our statute law. We should stop it, for that reason it is an initiative analysis for solve it.
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Chapter-02
Aims and Methods of the Study
2.6 Introduction
Everything has an aim and objective, and has a specific methods on which it will be
done. This is the important part of a research, which deals about literature review,
statement of problem, aims & objectives, Justification or rational, scope, limitations
and methodology.
2.7 Literature review:
This is a research which based on, “Prevention of Cyber Crime in Bangladesh”.

Many men define the Cybercrime and control, based on their experience. Many people
define, “what is cybercrime?” But I think some materials are missing in their research,
that is, “Have any specific body to control it? I think their definition is not clear on the
basis of this question”. Now a day’s many cases are filled on the basis of cybercrime.
Sufi Faruq Ibne Abubakar, only one person; who write on this topic only in his article.
He said that, “The concept of a Digital Bangladesh is welcomed by the IT professionals and
the general mass. To fuel this notion the government must give due importance to the matter of
cybercrime. Otherwise, like many other positive initiatives this will fall on its face. It is a matter
of hope that the “National Information and Information Technology Guidelines 2009” has
included Cybercrime as an agenda. To make this a success the Ministry of Information
Technology, along with the IT professionals and the media must come forward.”4 In
Bangladesh perspective we have a law, based on cybercrime is ICT Act 2006 & Digital
Nirapotta Ain-2008. But these are not sufficient to reduce cybercrime. We have to a
body which can control it. There are many loopholes in our Acts. The use of internet
has become the part and parcel of every educated person in this world. But it is to
disagree with him that, now a day’s not only educated person but also an illiterate
person involved with the internet. For that reason, they won’t detect which is the
harmful web, and doing unlawful activities. But they aren’t well known about the
proper use of internet. In the other side some bad people which are educated and also
4
<http://sufi-faruq.com/en/combating-cybercrime-a-bangladeshi-perspective-2/.>
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some are illiterate voluntarily held such illegal activities in the internet. Now a day’s
any person can inter in the internet very easily, but if we have a body for control the
field of internet and make some hard rules for access internet, then we can reduce the
illegal activities in that field.
2.8 Statement of problem:
To build a secure field of cyber home, it is very important to make a body. Who have
much knowledge of internet and other such issues, which are relate with the technology.
This research is very important to encourage the government to build up that safety
house. If we make a body only for the protection of this sector and if we maintain a
strategy like- “every person who wants to access internet, he/she have to maintain a
rule, then we can make a net for trap the offender easily. The rule is- each and every
person should register for access internet by their national identification number or by
their birth certificate number”, then they can access. Otherwise they won’t. By this way
no one can make any twice ID number in any site (as like social media sector, official
sector, government sector etc.). And all access are recorded and reserved. Some other
rules are also important that, when any one access any red marked page then a
notification will reach in the security house, and then the agency can easily arrest the
offender and after that we can apply the other Acts easily to prevent the cybercrime.
For that reason, I think it is very important to research on this field.
2.9 Aims and Objectives of the Study:
It is always emphasized that a problem usually comes with its own seeds of solution.
This statement signifies the need of defining the objectives of the research. The main
objective of the research is to come up with an important solution that may curb
cybercrimes in Bangladesh. In order to achieve this goal, the awareness of the problem
of cyber-criminal activities among the people of the country is a must. People must
understand how the internet as well as the cyber world operates. The growing danger
arising from crimes committed against computers, or against information on computers,
is beginning to claim attention in national capitals. This study investigates whether or
not people would use the Internet to report cybercrimes. Main objective, therefore, of
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the study is to develop an awareness of cybercrimes among the people as well as to
design the way outs and the measures to control and prevent cyber-crimes and address
the recommendations to mitigate the loopholes of cyber-laws of Bangladesh. In this
study, some arguments are also intended to be set out in the research-work that can
provide links to academic and other material so as to shed light on the examination of
the issue of prevention of cyber-crimes in Bangladesh perspective.
 To find out the importance of cyber-Crime in Bangladesh and all over the world;
 To find out the existing problems of cyber law in our country to control cyber-
crimes.
 To know about cyber-crime in Bangladesh details.
 To promote effectiveness of the government and law enforcing agencies to
control cyber-crimes
 To identify the ways of making control over cyber-crime to stop the great loss
of economy.
 To find out the root causes for the rising cybercrime in Bangladesh.
 To know about the existence the cyber security in Bangladesh.
 To know the causes of the involvement of crime in the cyber security term.
 To know what is the effect to family and society for increasing cybercrime?
 To know way the reducing cybercrime in Bangladesh.
 To know how men involve with cybercrime?
 To find out the way to protect important information or data from the hacker in
the cyber security.
2.10 Justification or rational:
By this research society can receive a peaceful cyber world, I think. But this is not
sufficient for make a better cyber world. Have some more initiative step to make it. By
make it, we can ensure employment of some persons, who are unemployed. Not only
this but also we can protect the person who are accessing in internet. People can easily
find right things not a vogue. I think child also safe from bad things, they have no any
chances to manipulate. Social media also protected by this. All official sectors also be
secured from hacking. It is very initiative step to make it.
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2.6 Scope & Limitations:
The scope of the study relates to the present conditions regarding cyber-crimes in
Bangladesh. As the scope of cyber-crimes are wider than any other offences, so the
researcher go through about the well-known offences which are commonly occurred in
Bangladesh and preventive measures of those crimes . The scope of the study also will
be limited within present laws of Bangladesh with in the essence of International laws
Due to constraint of time and non-availability of necessary documents relating to cyber-
crimes in respect of Bangladeshi cyber offences ,the study is limited in respect of time
and place as mentioned above. Beside all of these, there are lots of limitation for
conducting a research work in Bangladesh. Some are given below.
1. Lack of Secondary data.

2. Respondents were not very much interested.
3. Scarcity of time
4. Survey are limited
5. Funding are not sufficient
6. Student’s unwillingness to explore their own view
7. Difficulties to getting appointment of participant.
2.7 Methodology of the Study:
In this study, I followed the quantitative research in the form of a survey instrument
which is used to collect data and descriptive statistics. The decision to follow a
quantitative research methodology is based on the fact that the results of the survey
should be a representative sample of the total population of the country.
Due to the exploratory nature of the research, research questions are derived from the
literature. These questions provide a basis for the research in order to find the awareness
of cybercrime among the respondents as well as to find out what type of cybercrimes
are occurring these days in Bangladesh and what should be done to prevent cybercrime.
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The primary target respondents are working professionals who are aware of the various
computer crimes and security issues within their organizations. Typically, they are
senior managers, IT administrators and IT security consultants. Simple random
sampling is the primary sampling method used when selecting the sample for survey.
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Chapter-3
Different types of Cybercrime in Bangladesh
3.1 Types of Cybercrime:
There are many kinds of cybercrimes. Some of them are briefly mentioned below-
Hacking: It is an offence to hack a computer system which belongs to other

individuals or organizations. Hacking puts the victim in a very vulnerable position as
there are risks of exposing all the confidential information in a computer system. It is a
punishable offence and the laws regarding hacking are quite strict.
Cyber-defamation: The internet can be used to spread misinformation just as

easily as information. Websites can present false or defamatory information especially
in forums and chat rooms, where users can post messages without verification by
moderators. IT is vital to highlight the increased danger presented by false or
misleading information. Defamation can seriously injure the reputation and dignity of
victims to a considerable degree, as online statements are accessible to a world wide
range.
Cyber-extortion: Cyber-extortionists create harmful soft-wares and often

threat individuals or organizations. With those soft-wares they can cause serious
damage to the threatened individuals or organizations. They offer ‘protection’ in
exchange of money otherwise they destroy or expose all financial and security
information. These cyber-extortionists can be regarded as the new age cyber-mafias.
E-mail bombing: E-mail bombing refers to sending a large number of e-mails

to the victim resulting in the victims e-mail account (in case of an individual) crashing.
This kind of things are done to harass someone purposefully.
Cyber-terrorism: The term cyber-terrorism was coined in the 1980s by Barry

C. Collin. It is defined as the premeditated attack against information, computer
systems, computer programs and data which results in violence against non-combatant
targets by sub-national groups or clandestine agents. Cyber-terrorists can do
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unimaginable harm to a group of people or a state. They can get into a telephone
network during an emergency and shut it down causing more casualties. Suppose, a
situation similar to 9/11 has arisen and emergency personnel are being deployed.
Meanwhile, the terrorists can hack into emergency communication system and redirect
all orders, give false information etc. Thus, the situation will worsen. In USA, FBI has
separate Cyber Security Unit (CSU) who works to protect the nation from such attacks.
Cyber-terrorists target transportation, telecommunication, financial data etc. Thus, a
war can be won without shooting even a single bullet.
Virus Dissemination Virus: Virus Dissemination Virus itself is software that

attacks other software. It may cause for data loss, deduction ofbandwidth speed,
hardware damage etc. Trojan Horse, Time Bomb, Logic Bomb, Rabbit are the
malicious software.
Software Piracy: Theft of software through the illegal copying of genuine

programs or distribution of products intended to pass for the original.
Pornography: Pornography is the first consistently successful e-commerce

product. Deceptive marketing tactics and mouse trapping technologies pornography
encourage customers to access their website. Anybody including children can log on to
the internet and access website with pornographic contents with a click of a mouse.
Credit Card Fraud: You simply have to type credit card number into www
page of the vendor for online transaction. If electronic transactions are not secured the
credit card numbers can be stolen by the hackers who canmisuse this card by
impersonating the credit card owner. Through falsification of computerized bank
accounts cores of taka may be misappropriated. In some cases people are arrested and
charged for stealing and misusing credit card numbers belonging to others.
Sale of Illegal Articles: Narcotics, weapons and wild life etc. are sold by
posting information on websites, auction websites, and bulletin board or simply by
using email communication. Many of auction sites are believed to be selling cocaine in
the name of money.
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Online Gambling: Millions of websites are offering online gambling which are
believed to be actual fronts of money laundering. Though it is not yet confirmed, these
sites may have relationship with drug trafficking.
Intellectual Property Crimes: These include software piracy, copyrights,

infringement, trademark violations, theft of computer source code etc.
Cyber Defamation: With help of computers and/ or the Internet When any
defamation takes place it is called cyber defamation. It can tarnish personal image of
any individual or reputation of any company, bank or institution.
3.2 Cyber Crimes against Property:

As there is Rapid growth in the international trade where businesses and consumers are increasingly
using computers to create, transmit and to store information in the electronic form instead of
traditional paper documents. There are certain offences which affect person‘s property
are as follows:
Intellectual Property Crimes
Cyber Squatting
Cyber Vandalism
Hacking Computer System
Transmitting Virus
Cyber Trespass
Internet Time Thefts
3.3 Cybercrimes against Government:

There are certain offences done by group of persons intending to threaten the international governments
by using internet facilities. It includes:
Cyber Terrorism
Cyber Warfare
Distribution of pirated software
Possession of Unauthorized Information
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3.4 Cybercrimes Against Society at large:
An unlawful act done with the insertion of causing harm to the cyberspace will affect large number of
persons. These offences include:
Child Pornography
Cyber Trafficking
Online Gambling
Financial Crimes
Forgery
3.5 Present Situation:
Charges proven in 15 out of 495 cases, Criminals continue to victimize people online,
with conviction rates reported to be as low as 3% in cybercrime cases, under the now
defunct Information and Communication Technology (ICT) Act.“It was found that
charges against the accused were proven in only 15 out of 495 cases, where the accused
in 480 cases were relieved of charges since the tribunal’s inception in February 2013”5.
Of the cases, police submitted the final report in only 129 cases before the tribunal. The
accused were released as charges were not proven. The accused were discharged at the
outset in 83 cases during charge framing hearings, when the court found the probe
reports to be faulty. In another 54 cases, the accused were acquitted when the
prosecution failed to prove charges against them. Most of the accused are released
mostly due to out of court settlements, lack of skilled lawyers, and the inexperience of
law enforcement in handling cybercrime cases.
“Cybercrimes are reported every day in the country. 2,044 cases were filed with
different police stations and the cyber tribunal in the last six years. The court received
925 cybercrime cases in 2018, and as many as 130 cases in the first two months of
2019”6.The number of cybercrime cases was only three in 2013, but it went up to 33 in
2014, 152 in 2015, 233 in 2016, and 568 in 2017.
5
Cyber Tribunal (Bangladesh) in Dhaka
6
Cyber Tribunal (Bangladesh) data
18
For instance, On January 5, 2017, a case was filed with Mohammadpur police station
against cricketer Arafat Sunny by Nasrin Sultana, on charges of threatening to reveal
indecent photos of her on social media sites. Nasrin claimed to be Arafat’s wife. During
the trial, Nasrin and Sunny settled the matter out of court and later on April 24, 2018,
the tribunal acquitted the accused, saying the prosecution had failed to prove the
charges. On February 22, 2015, two youths, Md Rasel Mia, 21, and Din Islam, 25,
assaulted a schoolgirl on her way to a coaching centre in Bhaluka upazila of
Mymensingh. Later, the accused posted compromising photos of her on social media.
The investigation officers and prosecution cannot establish charges against accused
cyber criminals due to lack of skill and efficiency required in handling these cases. They
said cybercriminals are increasing alarmingly across the country as loopholes in the law
let these criminals off the hook.It was found that the judge in many verdicts said the
accused were acquitted since the prosecution could not prove charges beyond doubt in
these cases.
In many cases, the investigation officer often submits a charge sheet without relevant
and important evidence. The court then discharges an accused, not having any
substantial or relevant evidence against him/her. “The investigation officers submit
weak investigation reports due to poor knowledge. This is why it becomes difficult for
the prosecution to prove charges.”7 Most cases filed under the ICT Act are being filed
just for harassment and the conviction rate is poor. The conviction rate was very poor
due to out of court settlements, and faulty police probe reports due to lack of skills in
handling digital crimes. The police often submits charge sheets in cybercrime cases
without IT and forensic reports.
There aren't enough laws in Asian nation which can penalize the cyber criminals. In
Bangladesh court there's a law named "The Bangladesh Information & Communication Law 2006"
(As amended in 2009).During this law section 56(1) has declared the penalty of ten years imprisonment
with or while not fine.
7
Barrister Jyotirmoy Barua, with experience in a good number of cybercrime cases.
19
Section sixty eight of the aforesaid act has declared the formation of a special court named "Cyber
Tribunal". World Health Organization is might take cognizance of such forms of Cyber Crime
however it's nevertheless to stop or penalize the criminals. It’s not nevertheless reward any quite penalty.
Due to the insufficiency of trained specialist aiding the court it's become substantially not possible for
the choose to trace the crime furthermore because the criminal and to penalize him. There‘s solely
a cyber-judicature in Dacca town established underneath section eighty two of the
aforementioned act. This judicature has not nonetheless reward any social control to any criminal. Out
of this until to the institution of Cyber judicature within the district court the Session choose has the
cognizance to trial such reasonably crime underneath section seventy four of the aforementioned act.
In Asian nation there's a statutory authority named BTRC that perform as a watchdog in cyber
protection however it's nonetheless to satisfy its guarantees. It’s the authority to conduct mobile courts
with the assistance of alternative government organs for the speedy trial of such reasonably crime.
Development of Science and ICT depends on the growth of telecommunication sector. This sector
remains below developed attributable to lack of liberation and open competition. The impact of
cybercrime isn't fearful Bangladesh as a result of money transactions haven't nevertheless been totally
expedited in on-line.8
As presently as money transactions ar allowed online pc crimes can increase at new rate unless the govt.
acquires the tools and infrastructure to forestall, notice and prosecute them.9
But our government still not awake to the very fact. Web services provided through the native space
network are liable to similar attacks and intrusions by hackers a lot of usually once the protection level
is insufficient. Currently every day in Bangladesh some individuals send malicious mail to completely
different foreign commission and alternative VIPs that generally cause major problem for the police
and additionally for the govt.
8
Freddy Tan, chief security advisor of Microsoft Southeast Asia give this statement in a seminar on
September 10_. 2006 at Dhaka,
9
The Financial Express (10 January 2008)
20
Chapter 4
Cyber Laws in Bangladesh
4.1 Introduction:
Crime In order to facilitate e-commerce and encourage the growth of information

technology, the ICT Act, 2006 was enacted making provisions with a maximum
punishment of 10 years imprisonment or fine up to taka 10 million or with both.
However, recently our Parliament amended the ICT Act 2006, raising penalties for
cybercrimes setting a minimum of 7 years imprisonment and a maximum of 14 years
or a fine of Tk. 1 core or both. The Information and Communication Technology (ICT)
Act, 2006 came in force on 8 October, 2006. Subsequently, the government amended
the Act in 2008 and in 2009. For the better application of the Act, the government
passed Information Technology (Certificate Authority) rules in 2010. But these laws
alone are not enough. To face the challenges growing in cyber space it is essential to
amend the existing laws such as the Penal Code 1860, the Evidence Act 1872, the
Contract Act 1872 etc. It is hoped that these Acts will be modified in accordance with
the demand of time.
4.2.1 Information and Communication Technology Act, 2006
There are some provisions in the ICT Act, 2006 which mention penalties for various
cyberspace related crimes. For instance, section 54 (1) of this Act declares the offences
concerning cyberspace. Then, section-54(2) says, “If any person commits offences
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”. We can also look at section-56 which says-
“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;
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(b) damage through illegal access to any such computer, computer network or any
electronic system which do not belong to him; then such activity shall be treated as
hacking offence;
(c) 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.”
We can see that law has taken the matter of cyber-crimes in consideration and there are
some strict rules regarding it.
4.2.2 This Act declared following activities are Cybercrimes:

o Unauthorized copying, extracting and downloading of any data, database
o Introduction of virus
o Damage and disruption to computer system and computer network
o Denial of access to authorized person to computer
o Providing assistance to make possible to commit to crime
o Hacking with computer system
o Tampering computer source documents
o Electronic forger for the purpose of cheating and harming reputation
o Using a forged Electronic record
o Publication of digital signature certificate for the fraudulent purpose
o Confiscation of computer, network etc.
o Publication of information which is obscene in electronic form
o Misrepresentation and suppressing material facts for obtaining digital
signature certificate
o Breach of confidentiality and privacy
o Publishing false digital signature certificate.
4.2.3 Limitations of the said Act:

Critics point out that still there remain certain specific limitations of the said Act as
under.
i. The Act remains silent about various intellectual property rights like
copy right, trade mark and patent right of e-information and data.
22
ii. The enactment has a major effect on e-commerce and m-commerce in
Bangladesh. But it itself mum as to electronic payment of any
transaction.
iii. The legislation was initially supposed to be applied to crimes committed
all over the world; but nobody knows how this can be achieved in
practice.
iv. Spamming has become a peril in the west as such they have made anti
spamming provisions in cyber law. However, there is no anti spamming
provision in our Act.
v. Domain name is the major issue which relates to the internet world
thoroughly. But the ICT Act, 2006 does not define ‘domain name’ and
the rights and liabilities relating to this.
vi. The Act does not address any crime committed through using mobile
phones.
vii. This law made e-mails as evidence, conflicting with the country’s
Evidence Act that does not recognize as e-mails as evidence.
We hope our government would take proper initiative to get rid of the problems for
ensuring a cybercrime free peaceful society.
4.3 Digital Nirapotta Ain 2018
This Act is an upgraded version of the cyber-protection law of the country, and will
replace some of the controversial provisions of cyber-security laws, like section 57 of
the ICT Act 2006.Some basic features of the Digital Nirapotta Ain 2018-It recognizes
and defines E-Commerce, E-Transactions. In section 4 of the Act illustrates the
jurisdiction of the Act, which covers both persons within and beyond the borders of
Bangladesh.10 Section 5 says about constitution of a Digital Security Agency, who shall
monitor and supervise the digital contents, communications mediums including mobile
phones to prevent cyber-crime. This section also introduces Digital Forensic
Lab and Bangladesh Cyber Emergency Incident Response Team (Bangladesh-
10
Section 4 of Digital Nirapotta Ain 2018
23
CERT).11Section 13 of the Act illustrates the Power of the DG of Digital Security
Agency, where the DG can order a ban on communication in extra-ordinary situation
(security breach or national-international threat) to any individual or service provider.12
In that case, the person or service provider has to facilitate the interception, monitoring
and decryption of the Computer or source. It says the Act illustrates the cybercrimes in
form of Hacking, impersonation, violation of privacy and other ways, on the basis of
section 15.13Section 15(5) of the Act says, any derogatory comments, remarks,
campaign or propaganda in electronic media made by a person, institution or foreign
citizen, against the war of liberation, or father of the Nation Bangabandhu Sheikh
Mujibur Rahman or any issue that has been settled by the Court shall amount to an
offense under this Act.14 Section 36 of the Act describes the offense under this section
as cognizable and non-billable.15 In section 16 illustrates the Punishment for the
offenses under section 15 (cybercrimes, propaganda against Liberation War or
Bangabandhu), ranging from 3 years Prison sentence to Life Imprisonment and/or a
fine of 10 Million taka.16 In section 21 encompasses the similar offense of any person
who aids or abets the commission of any offense under the Act, and shall be entitled to
similar punishment.17 The trial under Digital Nirapotta Ain 2018 shall be held on the
same Cyber Tribunal that was established under the ICT Act 2006; the procedures of
the Tribunal shall be similar as well – concluding the trial within 180 days.
In clearly I explain that the section 2 of Digital Nirapotta Ain 2018 defines that what is
lawful access, unlawful access, critical information infrastructure, e-transaction, e-
payment, data corruption, data, program, digital network, subscriber information,
traffic data, electronic forgery, digital pornography, digital child pornography etc. 18 But
in other section describe to storage and archiving the documents. But how storage it is
not mentioned in this Act. Here is 30 percent laws are new but lest 70 percent are
repetition of other laws like ICT Act, Penal Code and Code of Criminal Procedure.
Where to recruit the officer to maintain the sector is not clearly define in this Act. Here
also some lacking that the Police also act as also this sector and investigate it but I think
11
12
13
14
Section 15(5) of Digital Nirapotta Ain 2018
15
16
17
Section 21 of Digital Nirapotta Ain 2018 24
18
here the IT sector specialist should recruit as a law enforcement agency to control this
sector.
The 1st judgment under this Act has given recently on 29 November,
2019 by Judge Ash Sams Joglul Hossain of the Cyber Tribunal of
Dhaka, in Nusrat Jhahan Rafi vs State Case. Moazzem Hossain,
former officer-in-charge of Sonagazi Police Station, was sentenced
to eight years of rigorous imprisonment. In this case filed for filming
madrasa student Nusrat Jahan Rafi’s statement and circulating the
video clip on social media without her consent. He was also fined Tk
10 lakh, in default of which he has to serve six more months in jail19.
4.3 Cyber Tribunal:

According to section 68 of the Information and Communication Technology Act, 2006
for the speedy and effective disposal of cases under this Act, Government shall establish
one or more cyber tribunal. The tribunal shall try only the offences under this Act and
the Government shall determine the local jurisdiction of the tribunal. In consultation
with the Supreme Court, Government shall appoint on Sessions Judge or Additional
Sessions Judge as a judge of Cyber Tribunal. Cyber tribunal shall take a case for trial –
a) upon the report of a police officer not below the rank of sub-inspector orb) upon a
complaint made by a controller appointed under this Act or by any other person
authorized by the controller.
The trial procedure of cyber tribunal shall follow chapter 23 of Criminal Procedure
Code, 1893 (Trial Procedure by the Court of Sessions) so far it is consistent. If the
19
The Daily Star, Saturday, November 30, 2019
25
accused is absconded, tribunal can try the case in absentia. In this case tribunal has to
circular an order in two Bangla newspapers to appear the accused on a specified date.
Cyber tribunal shall apply the provisions of Criminal Procedure Code and it shall have
the same power, a Sessions Court empowered to apply in its original jurisdiction. Public
prosecutor shall conduct the case on behalf of the Government. Tribunal shall conclude
the trial within six months from the date of framing charge. This period maybe extended
for three months. Tribunal shall pronounce its judgment within ten days after the
conclusion of trial which may be deferred for ten days.
4.4 Cyber Appellate Tribunal:
The Government shall establish one or more cyber appellate tribunal. The appellate
tribunal shall be constituted by one chairman and two members appointed by the
Government. To be appointed as a chairman of Cyber Appellate Tribunal, he must be
either a former judge of the Supreme Court or existing judge of the Supreme Court or
is eligible to be appointed as a judge of the Supreme Court. One of the two members of
the tribunal shall be a retired District Judge or employed in the judicial service and the
other member must be an experienced and skilled person in information and
communication technology. They shall be appointed for 3-5 years. Cyber Appellate
Tribunal shall have no original jurisdiction. It shall only hear and dispose of appeals
from the order and judgment of the Cyber Tribunal and Sessions Court in appropriate
cases. The decision of the appellate tribunal shall be final and it shall have the power to
alter, amend, and annul the order and judgment of the cyber tribunal. The appellate
tribunal shall follow the appellate procedure of High Court Davison of the Supreme
Court. Until cyber appellate tribunal is established, appeal may be heard by the High
Court Division.
4.5 Pornography Act 2012 and Child Pornography
To protect the women and child and adult from sexual video, sexual harassment and
also blackmailing and to prevent wide spread of video, MMS, picture through mobile
or any way but mentioned the internet. In 8th March, 2012 this Act is enacted. In section
26
2 describe the definition of pornography.20 In section 5 describe the investigation
procedure and the other sections also describe the procedure of punishment and other
such issues. But there has no any words which are clearly related with the cyber
activities.21
But there has no other specific Acts and not have any other special guideline to prevent
child cybercrime or actually child pornography at all. In short I understand that - Anti-
pornography act(2012) has been enacted by the government of Bangladesh to make a
restriction in the sharing and making pornography by the individuals as it brings a
devastated result not only for the individual involved in it but also for the greater
society. Section 4 stated that-Pornography production, storage, marketing, carry,
supply, purchase, sell, hold or cannot be displayed.22
Section 7- Investigation of any offense committed under this Act or the technical expert
certified by the competent authority in the course of the offense has been committed to
the government, autonomous, semi-autonomous organization in charge of the technical
department of a license or authorization from the Government and private persons or
any person or organization Technical competent institutions in charge of the accredited
persons shall be treated as the opinions of experts from the comments received and it
may be used as evidence in court.23
Section 10- Offense committed under this Act shall cognizable and non-billable.24
Section 11- Offense committed under this Act shall be in accordance with the procedure
described in the Code of Criminal Procedure. Provided that the Government, by
notification in the official Gazette, a special court or tribunal to judge crimes committed
under this Act may delegate powers.25 But it also not sufficient to combating
cybercrime. Because this Act deals with the only deals with the pornography.
20
Section 2 of Pornography Act 2012
21
22
23
Section 7 of Pornography Act 2012.
24
Section 10 of Pornography Act 2012.
25
Section 11 of Pornography Act 2012. 27
4.6 Penal Code 1860
Penal code 1860 describe the cybercrime involve criminal activities that are traditional
in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject
of penal laws of our country. The abuse of computers and also internet or cyber also
given birth to a gamut of new age of crimes that are addressed by the special laws
enacted to penalize these crimes.
For example ICT Act 2006 defines certain offence which does not cover by the
Penal Code. On the basis of this law I think The Penal code of Bangladesh contains
very few provisions regarding cyber-squatting. But in case of cybercrime like Hacking,
Internet time thefts, Email bombing- there is nothing contained in our penal code. So it
can be said that it is not possible for our government to control cybercrime by using
some provisions of the penal code .To controlled cybercrime it is necessary to enact
special law which only deals with cyber related matters.
4.7 Bangladesh Telecommunication Act 2001
The Bangladesh Telecommunication Act 2001 has created a powerful regulatory

authority in the telecommunication sector and section 53 of the Act gives the sector
ample power to intercept the communication system to stop any sort of unwanted cyber
incidents with the use of telecommunication tools in the country.26 But this is also
similar like the ICT Act, because there has also no more details about the cybercrime.
It is the elaborate description about all types of telecommunications like mobile,
internet, telephone, fax etc.
26
Section 53 of Bangladesh Telecommunication Act 2001.
28
4.8 Cyber Crime Report
 Global Security Statistics27
On the basis of this picture we can see the cybercrimes statistics which done within
2002 to 2011. We can see that in 2002 the crime level is below 1 percent per second.
In 2003 this crime is raising and in 2004 to 2007 this average crime rising rapidly and
that time the crime is committed 20 people per second. In 2008 it rise up to double, I
mean it reach 40 person per second. In the year 2009 it is not increase very high but
2010 was the year of cybercrime, because of the crime rise up to 100 people per second.
It was the very crucial time of cyber world. Then the world intelligence took a step to
stop it and for that in 2011 it decreasing less than 60 people per second.
27
<http://www.slideshare.net/fakrulalam/bangladesh-cyber-security-status-in-global-perspective–[ last
visited on 21st >
29
 Top 20 countries that commit the most Cyber Crimes28
1. United States of America

Share of malicious computer activity: 23%
Malicious code rank: 1
Spam zombies rank: 3
Phishing web site hosts rank: 1
Bot rank: 2
Attack origin rank: 1
2. China
Bot rank: 1
3. Germany
28
< http://www.enigmasoftware.com/top-20-countries-the-most-cybercrime/> –( last visited on 21st).>
30
Bot rank: 4
4. Britain
Bot rank: 9
5. Brazil
Bot rank: 5
6. Spain
Bot rank: 3
7. Italy
Bot rank: 6
8. France
Bot rank: 10
9. Turkey
Bot rank: 8
31
10. Poland
Bot rank: 7
11. India
Bot rank: 20
12. Russia
Bot rank: 17
13. Canada
Bot rank: 14
14. South Korea

Bot rank: 15
15. Taiwan
Bot rank: 11
16. Japan
32
Bot rank: 22
17. Mexico
Bot rank: 21
18. Argentina
Bot rank: 12
19. Australia
Bot rank: 27
20. Israel
Bot rank: 16
By throwing in this picture we can realize that this is the statistics of world cybercrime
ratings. On the basis of it is clear that United States of America gets the position 1st and
23% of people are connected with this crime. At least 9% of people of China get
attached with that sought of crime for that he got the position 2nd. Consistently,
Germany 6%, Britain 5%, Brazil 4%, Spain 4%, Italy 3%, France 3%, Turkey3%,
Poland 3%, India 3%, Russia 2%, Canada 2%, South Korea 2%, Taiwan 2%, Japan 2%,
33
Mexico 2%, Argentina 1%, Australia 1%, Israel 1%, and the rest all countries are
commit that types of crime totally 19%.
 On the rise29
In Bangladesh this crime committed in some categories; like- face book scams 72
people in 2012, 87 people in 2013 and it raise at last 120 people. Debit/credit card fraud
in 2012; 154 people, 361 people in 2013 and 630 people in 2014. Lottery fraud 19
people in 2012, and then it decreasing into 17 people in 2013 and in 2014 it raise up to
20 people. Email account hacks was committed 74 people in 2012 and 41 people in
2013. 65 people are committed in the year of 2014. 50 people are commit tat offence in
2012, it decreasing less than 46 people and at last total cybercrimes are 1223 in 2014,
837 in 2013 and 626 people in 2012. At last it is clear that, day by day cybercrime
increasing rapidly.
29
<http://www.mid-day.com/articles/cyber-crime-doubles-in-navi-mumbai-in-2-years/15989157 –[ last
visited on 21st September,2016].>
34
Chapter 5
Challenges for Implementation or Combating Cyber Crime
5.1 National Plan:
It is very difficult to make a new law. Because of, if we want to make a new law we
have to run in the process, which is very hard procedure for us. First and for most
important thing is that we have to make a national plan to combat that types of crime.
The government should make a plan where all works together to address the threat of
cybercrime. For that reason, I think which laws we have are not sufficient, actually this
Acts are not made for only cyber related matters. To implicate this sought of laws we
have to follow some rules like:
5.1.1 Understanding the problem: Firstly, we have to realize the problem,

actually the modern problem. Now a day all are totally connected with the
internet and for that reason they are getting crime by the internet and they are
same as normal criminals. So we have to find the types of offences and then we
can get a decision. But in our laws I can’t find any sections which define how
to understand the problem.
5.1.2 Partnerships and shared responsibility; individual crime:

Cybercrime is an individual type crime but sometimes it will be made by a
group, but this is very rare. Whereas, individually we can’t combat it, to
implicate it we have to work by a group or partnership work and receive an
individual responsibility. Then we can reduce it. In our Acts it is clear that
how to investigate and who has the power to investigate. But there has not
mention the system how they work in this field.30
5.1.3 Focusing on prevention: Our laws have no any sections which can
elaborate the system of focusing on prevention. But we have to get target to
30
<https://www.ag.gov.au/CrimeAndCorruption/Cybercrime/Pages/default.aspx[last visited 21st
September, 2016].>
35
prevent that crime forever. If we bound by the law to fixed the target for
prevent it then this crime will be stopped.
5.1.4 Balancing security freedom and privacy:The internet is built upon the
freedom, creativity and innovation of users. In striving to create a more secure
online environment and take action against cyber criminals, our response must
balance the rights of cyber users and also our country policy. We should care
of individuals’ right to privacy. But it is sorry to say that these types of
initiative policy are not formulated in our Acts.
5.2 Law Makers on the Basis of Cyber:
In our modern era or digitalization country has to make another body that is totally very
intelligent on the field of cyber or internet. In our country we have no such individual
body to make laws on the basis of internet. Natural intelligence is making laws. They
aren’t well known about the internet very clearly. Now that is the problem, that when
they have not much idea about it then how they enact laws on this? Because they only
see the problems but they won’t know how to solve of these problems. And they make
laws which are not suitable for that situation. So I think if we make bodies which are
consisted with IT specialist, then we can receive an appropriate Act on this sector.
5.3 Law Ministry on the Basis of Cyber:
We have no any individual ministry on the basis of cyber related matters or on the basis
of internet sector. But now a day it is a big problem in our society. Many people are
committing such offences rapidly as like the natural offender. Because of we have no
any guardian on this. If our government makes a ministry then we will be safe from the
cyber criminals. Because this ministry is our guardian. And I think if we have a guardian
then we can make laws on our demand and this ministry consists with the scholars.
5.4 Public Awareness about Cybercrime
It is very important to inform to the people about all types of matter about cybercrime.
If they are not well known about that matter clearly then they may commit such
36
offence. If we through our eyes to that matter we can see that, today’s we have no any
awareness about the cybercrime. For that reason, we are committing such types of
offence.
5.5 Internet Based Education
Today’s children are tomorrow’s future. But in our educational system is based on
books. We have to inform them about the cyber related issues by their lessons.
Otherwise they will be committed cyber offence for their illiteracy on this sector.
Bangladesh government should do this. But where are they? Just making laws are not
the responsibility but also implementation is the right way to protect the society. So
internet based education is the very important thing to avoid cybercrime.
5.6 Digital Security:
Our country has no any strong security, for that reason our system is hacked by many
criminals in several times. If our security is hard then it won’t be done anymore. We
have also a Digital Nirapotta Ain 2018. But this Act also as like as ICT Act 2006. This
Act is not sufficient to combat cybercrime. We should make a strongest security Act.
Otherwise our country will be hampered day by day.
5.7 Investigational Power and Investigational System:
By our laws it is specified that at least a sub-inspector can investigate it. But if he is not
intelligent about that sought of matter, then what will be done? It totally destroyed
because of his illiteracy about cyber related matter. This investigational system is same
as other crime also. Is the other crime and the cybercrime is same? No, never this is not
same at all. So why the investigation procedure is same? I don’t know. If the
investigation invested to the scholars who are well known about the cybercrime. Then
we can rely on it and we can receive a better investigation report. The investigation
system is as like as other cases. But it is totally IT based crime and we have to follow
the IT system and depend on it, otherwise we will miss the appropriate information.
Perhaps in our country it will not be followed.
37
Chapter 6
Findings, Analysis, Recommendation & Conclusion
6.4 Introduction:
Conclusion means the finish of an event. Each research came to a similar conclusion.
So I have also. This is a research on the basis of combating cybercrime. By this research
I want to suggest to our government to enact the proper cyber law, making an individual
and independent body to investigate in that matter only. I want to suggest for making a
ministry also to decorate the body on the demand. In present days there have a new
communication system we can see and a dramatic changes we can see in the digital
technology system. But the security system for using internet is not so strong. On the
basis of this research I found that Bangladesh is under a serious cyber threat.
Bangladesh is a digital developing country and the number of internet user’s increase
rapidly, but we have no anybody to control them. For that reason we can see the
problems as like the stealing money from the bank, produce the obsessionals videos in
the internet through the mobile or computer. All types of crime also held by the using
internet, but we have not a proper body to0 handle it. In Bangladesh we can see a
number of cybercrime have come under public attention in the last few years. One of
this is a death threat to Sheikh Hasina, and then Leader of the Opposition. For this threat
they are using emails, hacking of websites run by law enforcing agencies and
defamation of private information of respected and popular individuals of the country
are some of the examples of cybercrime in Bangladesh. In short it is clear that we have
to make a law on it. And we have to make another body to enforcing it.
6.5 Findings:
On the basis of my research I found some problems in chapter four. That:-
• Our Information and Communication Technology Act, 2006 is not sufficient for
dealings to combat cybercrime.
• In this Information and Communication Technology Act, 2006 Act only some
sections are dealing with the cybercrime, but it is not clear.
38
• Punishment is not appropriate for that sought of crime; which is mentioned in
Information and Communication Technology Act, 2006
• There is not mentioned the all cybercrime at all.
• It is the law of all types of communication system.
• To protect the cyber, government makes the Digital Nirapotta Ain 2008; but this
is same as Information and Communication Technology Act, 2006. There is no
any basic changes will be found.
• Digital Nirapotta Ain 2008 describe the what is lawful access and what is
unlawful access. It is not so clear and it is very controversial.
• There have no any section that says about that how to combat cyber crime
• Pornography Act 2012 and Child Pornography also enacted for protect the cyber
from the pornography.
• This Act won’t cover the all sector of cybercrime. No one publish any porn in
the internet; this is the process but where the solution?
• Our Penal Code never says about the cybercrime, but in section 13 describe the
similar offences.
• Bangladesh Telecommunication Act 2001 is deals only cellular network. It is
not so modern or not deals with cybercrime at all.
6.3.1 Criticisms
Where is our law? Where are our law makers? We have any sector of cybercrime? No,
we haven’t. We have also law but this is not basis on the cyber, we also have a huge
number of scholars’ law makers; but are they scholar in that sector? I think no, because
this is a very new problem of our country. Perhaps it is new but we are seeking for a
law on it. Because, it is a very dangerous problem. We want a secure store house of
internet. We have no any individual ministry on the basis of this. We have no any proper
education on it. We have to permit a compulsory subject on it to our education to aware
about cybercrime.
6.3.2 Critical Analysis:
It is rightly said that prevention is better than cure. It is always better to take certain
precautions while operating the internet. As Bangladesh is a part of the world
39
community and the country is emerging as an economic as well as political power in
the South-Asian region with its GDP of no less than 6.5% over a couple of years,
including 7.05% of the year 2016, and a cyber-revolution with the slogan of Digital
Bangladesh, which is evident in her providing computer or Internet facilities across the
country, including even the remote villages, there is every possibility of cyber-attacks
on its cyber system involving financial sectors at any time. It may destroy not only the
Internet environment but also the economic condition and development of the country
as is evident from the recent Reserve Hacking of 80 billion US dollar of the Bangladesh
Bank, the central bank of the country. All the economic, social and political atmosphere
of the country, as addressed above, may turn vulnerable by means of such cybercriminal
activities that may happen in the country or outside the country. It is, therefore, high
time the people of the country have been not only aware of the issue but also sincere in
dealing with the Internet or computer arena. In this view one may keep in mind the
followings:
1. Children should not give their identifying information such as their names,
home addresses, school names, and phone numbers in chat room. They should
also be advised not to give their photographs to anyone, not to respond to the
messages which are obscene, threatening or suggestive. They should remember
that people online might not be who they seem.
2. Parents should use content filtering software on their computers so that their
child is protected from pornography, gambling, drugs and alcohol. Software
can also be installed to establish time records i.e. blocking usage after particular
time. Parents should also visit the sites visited by their children.
3. People should keep back-up volumes so that one may not suffer data loss in
case of virus contamination.
4. People should always use latest and update anti-virus software to guard against
virus attacks.
5. People should never send credit card number to any site which is not secured.
6. People should not do panic if find something harmful. If there arises any
immediate physical danger they should contact local police. Moreover, they
should avoid getting into huge arguments online during chat and discussions
with other users, and be careful about personal information about themselves
online.
40
7. People should be cautious on meeting online introduced person. They should
try to keep record of all communication for evidence and not edit it any way.
8. Big organizations should implement access control system using firewalls,
which allow only authorized communications between internal and external
network.
9. The use of password is most common for security of network system. Mostly
all the systems are programmed to ask for username and password to access the
computer system. Password should be changed after regular interval of time
and should be alpha numeric and should be difficult to judge.
10. System managers should track down the holes, bugs and weaknesses in the
network before the intruders do.
6.6 Recommendations:
6.4.1 Policies Recommended for Prevention of Cyber Crime in Bangladesh:

Other than the practices discussed above, some policies are also recommended for
the code of cyber society, to be at safer side. These policies should be bringing into
practical part so that the practices become easier to implement. Policies
recommended are as follows:
a. Integrated policies are required to ensure the effective benefits from the
information system. The basic challenge and issue in the development of a
cyber-society is the lack of financial and trained human resources.
b. A strong education system should be followed in the society to deliver education
at every stage of the society with a special stress on Information Technology
which should be secured and free from cybercrime and within the reach of a
common man.
c. Promotion of research & development in ICT area and also in Human Resource
is to be a core part of the system.
d. Up-to-date, common, and mutually supporting cyber laws should be there to
fight with cybercrimes and protection of intellectual property rights towards the
creation of cyber-crime free information society.
e. Adoption of ICT standards, regulation, and quality assurance is a necessity to
foster high quality of services and productions that keep competition in place
for the benefits of the communities within each country.
41
f. High levels of awareness in each part of the society should be there in regard to
information security and cybercrimes and increased exchange of information on
information security and cybercrime at the regional and national levels should
be there.
g. Effective mechanisms should be there for the detection and prevention of
cybercrimes and for improving protection against, detection of, and responses
to, cybercrimes, at the lower level itself.
h. Conducting national user awareness campaigns for the general user, including
children and young people, educational institutions, consumers, government
officials and private sector using different media is also a must.
i. The government should educate and involve the media professionals, and then
encourage them to increase public awareness.
j. People should engage large private sector corporations and industry
associations in the sponsorship of awareness programs.
k. Stress should be laid on less developed countries on effective systems for
protection against, detection of and responses to, cybercrime.
l. People should promote and support the use of filtering, rating, parental control
and related software, as well as measures for the establishment of safe
environments for the use of the Internet by children.
m. Law enforcement personnel must be trained and equipped in addressing high-
tech crimes. Legal systems should permit the preservation of and quick access
to electronic data, which are often critical to the successful investigation of
crime.
n. Mutual assistance regimes must ensure the timely gathering and exchange of
evidence in cases involving international high-tech crime.
o. People should use established network of knowledgeable personnel to ensure a
timely and effective response to transnational high-tech cases and designate a
point-of-contact who is available on a 24-hour basis.
p. The government should welcome outsourcing initiatives to prepare a galaxy of
virtual police officers and establish few cyber police stations across the country
as soon as possible. These cybercrime fighters should be given specialized
training home and abroad.
42
q. Awareness raising, education, and technical support to prevent e-crime (anti-
social behavior over the internet or via electronic devices) is essential, but
without discouraging the development of e -commerce.
6.4.2 Recommended for Cyber Crime Prevention in Bangladesh: Cyber-attacks

could emerge as a major threat to the digital transformation of Bangladesh given the
poor knowledge and lack of government initiatives to counter the growing problem,
according to the study. Therefore, it is always better to take certain precaution while
operating the net.
i. Firewalls (network security system): These are programs that protect a user
from unauthorized access attacks while on a network. They provide access to
only known users, or people whom the user permits.
ii. Frequent password changing: with the advent of multi-user systems, security
has become dependent on passwords. Thus one should always keep passwords
to sensitive data secure. Changing them frequently and keeping them
sufficiently complex in the first place can do this.
iii. Safe surfing: Safe surfing involves keeping one’s e-mail address private, not
chatting on open systems, which do not have adequate protection methods, and
visiting secure sites. Accepting data from only known users, downloading
carefully, and then from known sites also minimize the risk.
iv. Frequent virus checks: One should frequently check ones computer for
viruses and worms. Also any external medium such as floppy disks and CD,
ROMS should always be virus checked before running.
v. Email filters: These are programs, which monitor the inflow of mails to the
inbox and delete automatically any suspicious or useless mails thus reducing
the chances of being bombed or spoofed.
vi. Online photography: Always avoid sending any photograph online
particularly to strangers and chat friends as there have been incidents of misuse
of the photographs.
vii. Undergo: Always keep back up volumes so that one may not suffer data loss
in case of virus contamination.
viii. Credit Card security: To guard against frauds one should never send credit
card number to any site that is not secured.
43
ix. Depravation in children: Always keep a watch on the sites that children are
accessing for the purpose of preventing any kind of harassment or depravation
in children.
x. Secure the Program: It is better to use a security programme that gives control
over the cookies and send information back to the site as leaving the cookies
unguarded might prove fatal.
xi. Watching Traffic: Web site owners should watch traffic and check any
irregularity on the site. Putting host-based intrusion detection devices on
servers may do this.
xii. Protecting internal network: Web servers running public sites must be
physically separate and protected from internal corporate network.
xiii. Backup: Make Backups of Important Files and Folders to protect important
files and records on computer if one’s computer malfunctions or is destroyed
by a successful attacker.
xiv. Off internet: Disconnect from internet when not in use. Some other advises to
be addressed while using the Internet or computers:
a. Habitually download security protection update patches & keep your
browser and operating system up to date.
b. Disable file sharing on computers.
c. Turn off the network during extended periods of non-use, etc.
d. Check online account frequently and make sure all listed transactions
are valid.
e. Use a variety of passwords, not the same for all the accounts.
f. Never respond to text messages from someone unknown.
g. Avoid posting cell phone number online.
h. Open email attachment carefully.
6.4.3 Recommendations:
First of all, I think it is very important to make a new sense of internet for all. We have
to aware about this. On the basis of this research I recommend some solutions; that:-
• Firstly, we have to realize the problem
• We have to make a law only on the basis of cybercrime
• An individual ministry is very important to take care of this law
44
• An individual and independent body has to make for implement this law. Who
can excess their power as like police or another law enforcing agencies?
• This body have to appoint scholars; who are well educated on the field of IT
sector
• It is very important to make a cyber-forensics lab
• We wants a cyber-store house
• If we make a system that no one can access internet without his/her NID number
or Birth Certificate number without inputting in to the internet
• We have to establish an internet based education
• Public awareness is most important to implement this law
If we establish this recommendation, then I think we can make a safe house of internet
at last.
6.7 Conclusion:
In the evening it is very important to say that, without proper education about the
internet, and then we cannot make a safe house of internet. To make a digital country it
is very important to make a strong law on the basis of situation. If we follow that
recommendation then we can find the solution at all. It is very important to think that
all cybercrimes are like as civil crimes. We have to protect our country immediately.
45
BIBLIOGRAPHY
Books
1. Ahmed DR. Zulfiquar, A Text Book On Cyber Law in Bangladesh
2. D Rodney Ryder, Guide to Cyber Laws, 2nded. (Nagpur:Wadha & Company, 2005)
3. Kumar Vinod – Winning the Battle against Cyber Crime.
4. Mehta Dewang- Role of Police In Tackling Internet Crimes.
5. Duggal Pawan – The Internet: Legal Dimensions.
6. Monjur Kader: Criminology (Cyber Crime)
7. Internet History of Bangladesh, by Hamidur Rashid.
8. Cyber Crime and Bangladesh Perspective, By A.R.M Borhanuddin.
9. Computer Crimes: Cybercrime Information, Facts and Resources.
10. Insight to Cybercrime, by Nadia Khadam
List of Statutes
1. The Information and Communication Technology Act, 2006
2. Digital Security Act 2016
3. The Penal Code, 1860 (Act No. XLV of 1860)2.
4. Bangladesh Telecommunication Act 2001
5. Criminal Code of Procedure 1898
6. Pornography Act 2012
7. The National Information and Communication Technology (ICT) Policy (October,
2002).
Journals
1. Duggal Mr. Pavan,’Causes of Cyber’, Intenational Journal of Computer Science and
Information Security, Vol.3, No. 1(October, 2009).
2. Biswas Ripon Kumar, ‘Cybercrimes need more attention,’ Tuesday, September 09,
2008
Websites
1. <[http://www.naavi.org/pati/pati_cybercrimes_dec03.htm>
2. <Daily ProthomAlo (12 March,
2012),[http://www.bangladeshnews24.com/prothomalo/newspaper/ >
3. <http://www.slideshare.net/fakrulalam/bangladesh-cyber-security-status-in-global-
perspective>
4. < http://www.enigmasoftware.com/top-20-countries-the-most-cybercrime/>
5. <http://www.mid-day.com/articles/cyber-crime-doubles-in-navi-mumbai-in-2-
years/15989157.>
6. <http://tech.firstpost.com/news-analysis/5-things-all-broadband-users-must-know-
81724.html >
7. <http://wirelessbangladesh.blogspot.com/2009/04/internet-history-of-
bangladesh.html?m=1>
8. <httpwww.bdlawdigest.orgcyber-crime-a-new-menace-in-modern-era>
9. <http://www.risingbd.com/english/cyber-crime-in-bangladesh-a-growing-threat-in-
digital-marketplace/28940>
10. <http//www.progressbangladesh.com/maximum-14-tears-in-jail-for-cyber-crimes/>
11. <http://www.banglajol.info/index.php/NUJL/article/viewFile/18529/12979>
12. <https://www.ag.gov.au/CrimeAndCorruption/Cybercrime/Pages/default.aspx>
13. <http://sufi-faruq.com/en/combating-cybercrime-a-bangladeshi-perspective-2/>
46

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Research Monograph

“Prevention of Cyber Crime in Bangladesh”

The present technical protection measures in the prevention of cyber-crimes in

AFP : Australian Federal Police

3.1 Types of Cybercrime

5.1 National Plan:

Cybercrime is still a low priority in Bangladesh. Though computers are becoming

1.2 What exactly is cybercrime?

 “A wide range of malicious activities, including the illegal interception of data,

 “Cybercrime is taking a bottom-line toll on the corporate workplace. Last year,

Hackers are people who gain unauthorized access to computers or

On 15/02/2012 a group of alleged Bangladeshi hackers named ‘Black Hat

The thesis has been divided into five chapters, as follows:

In a few words it stated that, this research is specifically based on prevention of

Aims and Methods of the Study

2.7 Literature review:

This is a research which based on, “Prevention of Cyber Crime in Bangladesh”.

2.8 Statement of problem:

For that reason, I think it is very important to research on this field.

2.9 Aims and Objectives of the Study:

2.10 Justification or rational:

1. Lack of Secondary data.

2.7 Methodology of the Study:

Different types of Cybercrime in Bangladesh

3.1 Types of Cybercrime:

Hacking: It is an offence to hack a computer system which belongs to other

Cyber-defamation: The internet can be used to spread misinformation just as

Cyber-extortion: Cyber-extortionists create harmful soft-wares and often

E-mail bombing: E-mail bombing refers to sending a large number of e-mails

Cyber-terrorism: The term cyber-terrorism was coined in the 1980s by Barry

Virus Dissemination Virus: Virus Dissemination Virus itself is software that

Software Piracy: Theft of software through the illegal copying of genuine

Pornography: Pornography is the first consistently successful e-commerce

Intellectual Property Crimes: These include software piracy, copyrights,

3.2 Cyber Crimes against Property:

3.3 Cybercrimes against Government:

3.5 Present Situation:

Cyber Laws in Bangladesh

Crime In order to facilitate e-commerce and encourage the growth of information

4.2.1 Information and Communication Technology Act, 2006

4.2.2 This Act declared following activities are Cybercrimes:

4.2.3 Limitations of the said Act:

4.3 Digital Nirapotta Ain 2018

4.3 Cyber Tribunal:

4.4 Cyber Appellate Tribunal:

4.5 Pornography Act 2012 and Child Pornography

4.7 Bangladesh Telecommunication Act 2001

The Bangladesh Telecommunication Act 2001 has created a powerful regulatory

 Global Security Statistics27

1. United States of America

14. South Korea

Challenges for Implementation or Combating Cyber Crime

5.1 National Plan:

5.1.1 Understanding the problem: Firstly, we have to realize the problem,

5.1.2 Partnerships and shared responsibility; individual crime:

5.2 Law Makers on the Basis of Cyber:

5.3 Law Ministry on the Basis of Cyber:

5.4 Public Awareness about Cybercrime

5.5 Internet Based Education

5.6 Digital Security: