Assignment: on Digital Security Act 2018 describe various Cyber related offences.

Course code : 820515

Course title : Cyber Crime and Cyber Security
Submitted to : Md. Shah Alam
DIG, Railway Police

Submitted By
A K M Shawkat islam
Additional Director
Dept. Of Narcotics Control (DNC)
MACPM 5th Batch
Session: 2019-20
Assignment: on Digital Security Act 2018 describe various Cyber related offences.

1. Section 17 of Digital Security Act 2018

Title: Illegal access to critical information infrastructure

Example:

Mr. 'JOHN' makes illegal access to the company of “YELLOW PAGE” used the
user name and password of another person 'MARTIN' (without authorization –
therefore without right) in order to access computer system of 'YELLOW PAGE
company'. He then made copy of design of company’s future marketing plan on a
removable disc, (Ref. Nil).

Punishment reference:
According to Section 17, of the Digital Security Act 2018, Mr. JOHN made an
offence of access to critical information infrastructure, for which he can be
punished for imprisonment for a term not exceeding 7 (seven) years, or with fine
not exceeding Taka25(twenty five)lac, or with both; for the first time. For second
time or repeated offence, he can be punished with imprisonment for life, or with
fine not exceeding Taka 5 (five) crore, or with both. With imprisonment for life, or
with fine not exceeding Taka 5 (five) crore, or with both as per section 17 of
Digital Security Act. The offence is cognizable, and non bailable.

2. Section 18 of Digital Security Act 2018

Title: Illegal access to computer, digital device, computer system

Example:

Mr. 'RASHID KHALIL ' used the user name and password of another person
'KAMAL BAKTHIER ' (without authorisation – therefore without right) in order
to access computer system of “PALWEL GROUP ” of company'. He then made
copy of digital maps on a removable disc, finally he deleted the digital maps on the
hard disc. (Ref. Nil).
Punishment reference:
According to Section 18, of the Digital Security Act 2018, 'Rashid Khalil made an
offence of Illegal access to computer, digital device, computer system, for which
he shall be punished with imprisonment for a term not exceeding 3 (three) years,
or with fine not exceeding Taka 10 (ten) lac, or with both for the first time. For
second time or repeated offence,he can be punished or repeatedly, for that offence.
with imprisonment for life, or with fine not exceeding Taka 5 (five) crore, or with
both as per section 18 of Digital Security Act. As per Section 18, of Digital
Security Act, the offence is non cognizable, bailable and compoundable.

3. Section 19 of Digital Security Act 2018

Title: Damage of computer, computer system

Examples:

Mr. ' Sadanand Tripaty' used the user name and password of another person Mr.
“Johny Walker '' (without authorisation – therefore without right) in order to access
computer system of 'PALMAL GROUP of company'. To collects data, and
information of companies export plan for the year 2022-2023. Finally he insert
malware harmful software into company’s computer system

Punishment reference:

According to Section 19 of the Digital Security Act 2018, 'Sadanand Tripaty '
made an offence of Damage of computer, computer system , for which he can be
punished for imprisonment for a term not exceeding 7 (seven) years, or with
fine not exceeding Taka 10 (ten) lac, or with bothfor the first time. For second
time or repeated offence, he can be he shall be punished with imprisonment for a
term not
exceeding 10 (ten) years, or with fine not exceeding Taka 25 (twenty five) lac, or
with both. As per Section 19 of Digital Security Act, the offence is cognizable,
non bailable.
 4. Section 20 of Digital Security Act 2018

Title :Modification of computer source code

Example:

Mr. 'Nayeem Habib' used to intentionally damages

the computer source code
programme, system of ' AL NAHIYAN group' and damage the reputation of the
company. (Ref. Nil).

Punishment reference:
According to Section 20 of the Digital Security Act 2018, 'NAYEEM HABIB'
made an offence of computer source code, for which he can be punished for
imprisonment for a term not exceeding 3 (three) years, or with fine
not exceeding Taka 3 (three) lac, or with both for the first time. For second time or
repeated offence, he can be punished with imprisonment for a term not
exceeding 5 (five) years, or with fine not exceeding Taka 5 (five) lac, or with
both, As per Section 20 of Digital Security Act, the offence is non cognizable and
bailable.

5. Section 21 of Digital Security Act 2018

Title: spreading propaganda against the Liberation War of Bangladesh,

Father
of the Nation, National Anthem and National Flag; tarnishing the image
of the nation

Example:
Writer Mushtaq Ahmed and cartoonist Ahmed Kishore were is a collection of 10
social media posts, as per the first information report filed. The links submitted as
evidence lead to Facebook posts and political cartoons made, which mock the
prevailing health system of the country, and re-shares of various news articles ,
Some of the links were posts made by a satirical Facebook page called "I am
Bangladeshi" of which Mushtaq and Kishore were administrators. These 10 links
were submitted as evidence into a litany of charges , including spreading
propaganda against the Liberation War of Bangladesh, Father of the Nation,
National Anthem and National Flag; tarnishing the image of the nation; spreading
confusion; creating hostility, hatred or adversity among people; destroying
communal harmony or creating unrest, disorder; threatening to deteriorate law and
order. (ref. The daily star, Sep 28, 2021).

Punishment reference:
According to Section 21 of the Digital Security Act 2018, ' Writer Mushtaq
Ahmed and cartoonist Ahmed Kishore ' made an offence of spreading propaganda
against the Liberation War of Bangladesh, Father of the Nation, National Anthem
and National Flag; tarnishing the image of the nation, for which he can be punished
with imprisonment for a term not exceeding 10 (ten) years, or with fine
not exceeding Taka 1 (one) crore, or with both. For the first time. For second time
or repeated offence, he shall be punished with imprisonment for life, or
with fine of Taka 3 (three) crore, or with both. As per Section 21 of Digital
Security Act, the offence is cognizable and non bailable.

6. Section 22 of Digital Security Act 2018

Title: Digital or electronic forgery

Example:

Mr. 'SAGAR CHOWDHURY' served in “LABONI INTERNATIONAL” group

for 10 years, He made a false import document and forged signed a import
document for “LABONI INTERNATIONAL” group, from Singapore. The
exporting company from Singapore sent the Pre Export Notification(PEN) to “
LABONI INTERNATIONAL” group, and then the authority see the documents
signed by 'SAGAR CHOWDHURY' is forged, false and misleading
information. (Ref. Nil).

Punishment reference:
According to Section 22, of the Digital Security Act 2018, ''SAGAR
CHOWDHURY' ' made an offence of digital forgery, for which he can be
punished for. Imprisonment for a term not exceeding 5 (five) years, or with fine
not exceeding Taka 5 (five) lac, or with both. For the first time. For second time or
repeated offence, he can be he shall be punished with imprisonment for a term not
exceeding 7 (seven) years, or with fine not exceeding Taka 10 (ten) lac, or with
both. As per Section 22 of Digital Security Act, the offence is cognizable and non
bailable.
 7. Section 23 of Digital Security Act 2018

Title: Digital fraud

Example:

Mr. 'REYNOLD BENJAMIN' without authorization – therefore without right used

the user name and password of another person ' Ms. CRISTINA OBERMAYER' .
He tamper and delete the secret information of the Ms. CRISTINA
OBERMAYER computer system and tarnish the image of MS. CRISTINA
OBERMAYER. (Ref. Nil).

Punishment reference:
According to Section 23, of the Digital Security Act 2018, 'REYNOLD
BENJAMIN' made an offence of Digital electronic fraud, for which he can be
punished for imprisonment for a term not exceeding 5 (five) years, or with fine
not exceeding Taka 5 (five) lac, or with both for the first time. For second time or
repeated offence, he can be punished with imprisonment for a term not
exceeding 7 (seven) years, or with fine not exceeding Taka 10 (ten) lac, or with
both. As per Section 23 of Digital Security Act, the offence is cognizable and non
bailable.

8. Section 24 of Digital Security Act 2018

Title: Identity fraud

Example:

MR JAGLUR RAHMAN intentionally using digital technology devices with the

intention to fraud by disguising his identity for MR KADERI KIBRIA to
acquire his property. Mr. ‘ JAGLUR RAHMAN without the permission of Mr.
KADERI KIBRIA by using his name, ID number, and made a false birth
certificate make a false passport to make Mr. Mr. KADERI KIBRIS,s harm and
reputation. (Ref. Nil).

Punishment reference:
According to Section 24, of the Digital Security Act 2018, 'JAGLUR RAHMAN '
made an offence of identity fraud , for which he can be punished for imprisonment
for a term not exceeding 5 (five) years, or with fine
not exceeding Taka 5 (five) lac, or with both, for the first time. For second time or
repeated offence, he can be punished with imprisonment for a term not
exceeding 7 (seven) years, or with fine not exceeding Taka 10 (ten) lac, or with
both
fined for identity fraud, As per Section 24 of Digital Security Act, the offence is
cognizable and non bailable.

9, .Section 25 of Digital Security Act 2018

Title: Sharing a Facebook post for criticizing

Example:

Shafiqul Islam Kajol, the editor of the Daily Pokkhokal, sharing a Facebook
criticizing post of Awami League lawmaker Saifuzzaman Shikhor, He then filed
a case against Kajol under the DSA for sharing a Facebook post criticizing him.
(Ref. Amnesty international, oct 08, 2020).

Punishment reference:
According to Section 25, of the Digital Security Act 2018, 'SHAFIQUL ISLAM
KAJOL made an offence of publication, etc. of offensive, false or threatening
data-
information, for which he can be punished for with imprisonment for a term not
exceeding 3 (three) years, or with fine
not exceeding Taka 3 (three) lac, or with both for the first time. For second time or
repeated offence, he can be punished with imprisonment for a term not
exceeding 5(five) years, or with fine not exceeding Taka 10 (ten) lac, or with
both. As per Section 25 of Digital Security Act, the offence is non cognizable and
bailable.
 10. Section 26 of Digital Security Act 2018

Title:Unauthorized collection, use etc. of identity

information

Example:
Mr. 'AL AMIN MRIDHA' uses
the name , id no and motor driving licence no of Mr. 'RUHUL AMIN
KHANDAKHAR' without his prior permission . And make his personal loss.
(Ref. Nil).

Punishment reference:

According to Section 26, of the Digital Security Act 2018, 'AL AMIN MRIDHA '
made an offence of unauthorized use of identity information for which he can be
punished with imprisonment for a term not exceeding 5 (five) years, or with fine
not exceeding Taka 5 (five) lac, or with both.
For the first time. For second time or repeated offence, he can be punished with
imprisonment for a term not
exceeding 7 (seven) years, or with fine not exceeding Taka 10 (ten) lac, or with
both as per section 26 of Digital Security Act, the offence is cognizable and non
bailable.

11. Section 27 of Digital Security Act 2018

Title: Committing Cyber Terrorism

Example:
Mr. JENITH BROCHA creates obstruction to make illegal access to the internet
network system of Ms. KELLY ARNOLD and publish a false report against the
countries sovergnity, which create fear and bad impression to the mass people of
the country.

Punishment reference:

According to Section 27, of the Digital Security Act 2018, 'JENITH BROCHA'
made an offence of cyber terrorism, for which he can be punished for
imprisonment for a term not exceeding 14 (fourteen) years, or with
fine not exceeding Taka 1 (one) crore, or with both for the first time.
For second time or repeated offence, he can be punished with imprisonment for
life, or with fine not exceeding Taka 5 (five) crore, or with both as per section 27
of Digital Security Act. the offence is cognizable and non bailable.

12. Section 28 of Digital Security Act 2018

Title: Publication, broadcast, etc. of information in website or in any

electronic format that hurts the religious values or sentiment.

Example:
Ms. ‘ RAKHI BISWAS’ published a false, fabricated and satirical news against
the Prophet Hazrat Muhammad sm(pbuh) and hurt the sentiments of muslim
community of a country. (Ref. Nil).

Punishment reference:
According to Section 28 of the Digital Security Act 2018, 'RAKHI BISWAS' made
an offence of publishing a news in website, for which he can be punished for
imprisonment for a term not exceeding 5 (five) years, or with fine
not exceeding Taka 10 (ten) lac, or with both.
For the first time. For second time or repeated offence, he can be punished with
imprisonment for a term not
exceeding 10 (ten) years, or with fine not exceeding Taka 20 (twenty) lac, or with
both as per section 28 of Digital Security Act, the offence is cognizable and non
bailable.
 13.Section 29 of Digital Security Act 2018

Title: publishing “false” information on the number of votes cast in a

constituency in the aftermath of the general election. 

Example:
The local media og KHULNA the editor of DAINIK DAKHINANCHOL, Mr.
JAHED MALIK outlets ran a reports saying the number of votes cast was around
22,000 higher than the actual number of voters 21000, According to the initial
announcement of the election results of Khulna 1, the number of votes cast in
Khulna 1 was higher than the total number of voters in the constituency.
As the matter was brought to the returning officer's attention, The Returning
officer apologies to media people , he later on mend it, and explain this is matter of
printing mistake. And urge the media people not to publish the news.(Ref. Dhaka
tribune).

Punishment reference:
According to Section 29 of the Digital Security Act 2018, 'JAHED MALIK' made
an offence of false news for which he can be punished with imprisonment for a
term not exceeding 3 (three) years, or with fine not exceeding Taka 5 (five) lac, or
with both.For second time or repeated offence, he shall be punished with
imprisonment for a term not
exceeding 5 (five) years, or with fine not exceeding Taka 10 (ten) lac, or with
both. As per section 29 of Digital Security Act. The offence is non cognizable and
bailable.

14.Section 30 of Digital Security Act 2018

Title: e-transaction by BKASH
Examples:

Mr. 'JAHEDUL KARIM' is the personnel of the BKASH agency mr. “

RAINBOW ENTERPRISE” hold by Mr. TANVIR TAREK, without the
permission of MR. TANVIR TAREK, the BKASH agency of “RAINBOW
ENTERPRISE. Mr. “JAHEDUL KARIM” personnel of rainbow agency, send
money taka 50, 000(fifty thousand) to his kith and kin by 20 transaction from
January 2021 to July 2021. to gain his personal profit. (Ref. Nil).

Punishment reference:
According to Section 30 of the Digital Security Act 2018, 'JAHEDUL KARIM'
made an offence of E transaction, for which he can be punished for imprisonment
for a term not exceeding 5 (five) years, or with fine
not exceeding Taka 5 (five) lac, or with both for the first time. For second time or
repeated offence, he can be punished with imprisonment for a term not
exceeding 7 (seven) years, or with fine not exceeding Taka 10 (ten) lac, or with
both. As per Section 30 of Digital Security Act, the offence is cognizable and non
bailable.

15. Section 31 of Digital Security Act 2018

Title: Spreading defamatory information on social media. 

Example:

An online media portal, of ‘Prothom Shomoy’, publisher and Editor Mr. Shahin
Rahman publish a report for allegedly spreading defamatory information on
social media. And create unrest and disorder the law and order situation. (Ref.
(Dhaka tribune).

Punishment reference:
According to Section 31 of the Digital Security Act 2018, “SHAHIN RAHMAN”
made an offence of deteriorating law and order, imprisonment for a term not
exceeding 7 (seven) years, or with
fine not exceeding Taka 5 (five) lac, or with both for the first time. For second time
or repeated offence, he shall be punished with imprisonment for a term not
exceeding 10 (ten) years, or with fine not exceeding Taka 10 (ten) lac, or with
both. As per Section 31 of Digital Security Act, the offence is cognizable and non
bailable.

16. Section 32 of Digital Security Act 2018

Title: Breaching secrecy of the Government.

Examples:
Mr. ' NILOY CHOWDHURY' served as a government employee of Ministry of
Health and Family Planning as Join Secretary of public Health division of the
said ministry. Mr. “NILOY CHOWDHURT” leakage top secret Jab pact with
Government of Peoples Republic of China to the media people. Which create anger
the exporting country, the void the pact , and also tarnish the government image.
(Ref. Nil).

Punishment reference:
According to Section 32 of the Digital Security Act 2018, “NILOY
CHOWDHURY” made an offence of breaching secrecy, for which he can be
punished for imprisonment for a term not exceeding 14 (fourteen) years, or with
fine not exceeding Taka 25 (twenty five) lac, or with both for the first time. For
second time or repeated offence, he can be punished with imprisonment for life, or
with fine not exceeding Taka 1(one) crore, or with both, As per Section 32 of
Digital Security Act, the offence is cognizable and non bailable.

17. Section 33 of Digital Security Act 2018

Title: holding, transferring data-information illegally

Examples:
Mr. 'RATAN DAS' an accounts officer, illegally, used the user name and
password of another person ' Mr. ISMAIL BEG , the DMD(sales) of ORION
GROUP. Without his permission , MR RATAN DAS unauthorized o access
computer system of him of ' Mr. ISMAIL BEG. He then made copy of digital
survey of companies yearly sales Plan, on a removable disc, and transfer to the his
Rival company BEACON GROUP. (Ref. Nil).

Punishment reference:
According to Section 33, of the Digital Security Act 2018, 'RATAN DAS' made an
offence of holding transferring data illegally , for which he can be punished for
imprisonment for a term not exceeding 5 (five) years, or with fine
not exceeding Taka10 (ten) lac, or with both, for the first time. For second time or
repeated offence, he can be punished with imprisonment for a term not
exceeding 7 (seven) years, or with fine not exceeding Taka 15 (fifteen) lac, or with
both As per Section 33, of Digital Security Act, the offence is cognizable and non
bailable.

18. Section 34 of Digital Security Act 2018

Title: hacking and punishment

Examples:

Mr. 'JAINAL ABEDIN ' hacked the official website of Department of Narcotics
Control (DNC) (Ref. Nil).

Punishment reference:

According to Section 34 of the Digital Security Act 2018, 'JAINAL ABEDIN '
made an offence of hacking, for which he can be punished for he shall be punished
with imprisonment for a term not exceeding 14 (fourteen) years, or with fine not
exceeding Taka 1 (one) crore, or with both, for the first time. For second time or
repeated offence, he can be punished with imprisonment for life, or
with fine not exceeding Taka 5 (five) crore, or with both as per section 34 of
Digital Security Act, the offence is cognizable and non bailable.

19.Section 35 of Digital Security Act 2018

 Title: Abetment of committing an offence and punishment there of

If any person abets to commit an offence under this Act, then such act of the
person shall be an offence.
(2) In case of abetment of committing an offence, the person abetted to
commit the offence shall be punished with the same punishment as is provided
for the offence.

20. Section 36 of Digital Security Act 2018

Title: Offence committed by a company

Example:

(1) Where an offence under this

Act is committed by a company, every owner, chief executive, director, manager,
secretary, partner or any other officer or employee or representative of the
company who has direct involvement with the offence shall be deemed to have
committed the offence unless he proves that the offence was committed without
his knowledge or he exercised all due diligence to prevent the offence.
(2) If the company referred to in sub-section (1) is a legal entity, it may be
accused or convicted separately, in addition to accusing or convicting the persons
mentioned above, but only fine may be imposed upon the company under the
concerned provision. (Ref. Nil).

21.Section 37 of Digital Security Act 2018

Title: Power to issue order for compensation

If any person causes financial

loss to any other person by means of digital or electronic forgery under section
22, digital or electronic fraud under section 23 and identity fraud or personation
under section 24, then the Tribunal may issue order to compensate the person
affected with money equivalent to the loss caused, or such amount of money as it
considers to be sufficient.

22.Section 38 of Digital Security Act 2018

 Title: The service provider not to be responsible

No service provider
shall be liable under this Act or rules made thereunder for facilitating access to
any data-information, if he proves that the offence or breach was committed
without his knowledge or he exercised all due diligence to prevent the offence