(1) This Act may be called the Information & Communication Technology Act, 2006.
(2) It shall extend to the whole of Bangladesh.

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;
(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;

(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;

Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such information or matter is rendered or made available in an electronic form:
Provided that such information or matter is accessible so as to be usable for a subsequent reference.

Where any law provides that--
(a) any information or any other matter shall be authenticated by affixing the signature;
or
(b) any document shall be authenticated by signature or bear the signature of any person;
then, notwithstanding anything contained in such law, such information or matter is authenticated by means of digital signature affixed in defined manner or so is the case of any document.

Nothing contained in this Act shall by itself compel any Ministry or Department of the Government or any authority or body established by or under any law or controlled or funded by the Government to accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

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.

(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.

(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.

(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.