Last Change:

12/29/2024

The Information and Communication Technology Act

Year: 2006

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Information and Communication Technology (ICT) Act of 2006 of Bangladesh came in action in order to facilitate e-commerce and promote the growth of information technology and it has provisions with a maximum penalty of up to 10 years imprisonment or a fine of up to 10 million taka or both for the offences committed under this particular law.

Selected provisions
Section 58: Punishment for failure to surrender licence

(1) Where any Certifying Authority fails to surrender a licence under section 34 of this Act, the person in whose favour the licence is issued, the failure of the person shall be an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka ten thousands, or with both.

Section 59: Punishment for failure to comply with order

(1) Any person who fails to comply with any order made under section 45 of this Act, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka one lakh, or with both.

Section 60: Punishment for failure to comply with order made by the Controller in emergency

(1) Any person who fails to comply with any order made under section 46 of this Act, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to Taka five lakhs, or with both.

Section 61: Punishment for unauthorized access to protected systems

(1) Any person who secures access or attempts to secure access to protected system in contraventions of section 47 of this Act, then this activity of his will be regarded as an offence.
(2) Whoever commits offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to ten years, or with fine which may extend to Taka ten lakhs, or with both.

Section 62: Punishment for misrepresentation and obscuring information

Whoever makes any misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka two lakhs, or with both.

Section 63: Punishment for disclosure of confidentiality and privacy

Save as otherwise provided by this Act or any other law for the time being in force, no person who, in pursuance of any of the powers conferred under this Act, or rules and regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material shall, without the consent of the person concerned, disclose such electronic record, book, register, correspondence, information, document or other material to any other person shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka two lakhs, or with both.

Section 64: Punishment for publishing false Digital Signature Certificate

No person shall publish a Digital Signature Certificate or otherwise make it available to any other person knowing that--
(a) the Certifying Authority listed in the certificate has not issued it; or
(b) the subscriber listed in the certificate has not accepted it; or
(c) the certificate has been revoked or suspended;
unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation and by breaching the rules such Digital Signature Certificate is published or otherwise make it available to others shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka two lakhs, or with both.

Section 65: Punishment for publishing Digital Signature Certificate for fraudulent purpose etc.

(1) Whosoever knowingly creates and publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be regarded as an offence.
(2) Whoever commits any offence under sub-section (1) of this section he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka two lakh, or with both.

Section 66: Punishment for using computer for committing an offence

(1) Whosoever knowingly assists committing crimes under this Act, using any computer, e-mail or computer network, resource or system shall be regarded as an offence.
(2) Whoever aids committing any offence under sub-section (1) of this section he shall be punishable with the punishment provided for the core offence.

Section 67: Offences committed by companies etc.

If any offence is committed by a company under this Act, then each director, manager, secretary, partner, officer and staff of the company who has directly involvement in committing the said offence shall be guilty of the offence or the contraventions, as the case may be, unless he proves that the offence or contravention was committed without his knowledge or that he exercised sue diligence in order to prevent commission of such offence or contravention.
Explanation.—For the purposes of this section.—
(a) “company” means any body corporate and includes commercial firm, partnership business, cooperatives, association, organization or other association of individuals;
and
(b) “director” in relation to a commercial firm includes a partner or member of Board of Directors.

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