CYBER CRIME

TRIBUNAL
Object:
Speedy and effective trial of the cyber related crimes.
Establishment:
The Government in consultation with the Supreme
Court appoint shall appoint Session Judge or
Additional Session Judge as a Judge of the Cyber
Tribunal.
Jurisdiction:
Local Jurisdiction: Entire Bangladesh or of one or
more Session Divisions

Jurisdiction to trial cases: only prosecute the offences

referred under this Act
Trial Procedure (Section 69):

Acceptance of offence for trail: To accept any offence ,the Cyber

Tribunal must consider:
a) the written report of a police officer not below the rank
of Sub-Inspector or
b) the prior approval of the Controller or any other officer
authorized by the Controller
Procedure:
Chapter 23 of the Crpc
Trial in Absentia: Trial of an accused without his
presence under the following cases:
a) the accused person has been absconded
b) it is not possible to arrest him and produce
him before the Tribunal and there is no possibility
to arrest him immediately,
Reinvestigation of the case:
The Tribunal can order any police officer, or the
Controller, or any officer authorized by the
Controller, as the case may be, to reinvestigate the
case and submit the report within the stipulated
time of its own initiative or any application lodged
to the Tribunal,
Rules relating to Bail: (Section 71):
Depends upon the satisfaction of the judge.
The Judge of Cyber Tribunal shall not bail any person accused
in committing crime under this Act, which is punishable,
unless Hearing opportunity is given to the Government side
on similar bail orders;
 
 The Judge must be satisfied that
-There is reasonable cause to believe that the
accused person may not be proved guilty in
the trial;
 
 The offence is not severe in relative term and
the punishment shall not be tough enough
even the guilt is proved.
 
Time Limit to deliver verdict: (Section 72):
The Judge of Cyber Tribunal shall give the verdict
within ten days from the date of completing of
taking evidence or debate, what happened later,
unless he extends the time limit no more than ten
days with having written reasons
Time frame to dissolve case: (Section 73):
 The Judge of Cyber Tribunal shall complete the prosecution within

six months since the date of filing the charge sheet.

  If the Judge of Cyber Tribunal fails to complete the prosecution

within the time limit fixed under sub-section (1) of this section can
extend the time limit another three months having written the reasons.

  If the Judge of Cyber Tribunal fails to complete the prosecution

within the timeframe fixed under sub-section (2) of this section can
continue the prosecution process having written the reasons and
submitted it as a report to the High Court and the Controller.
Prosecution of offence by Session Court sec 74

 Whatever is contained in the Code of

Criminal Procedure, until the special
tribunal has not been established, the
Session Court shall prosecute any offence
committed under this Act.
75. Prosecution procedure followed by the Session
Court.—

 1) To prosecute any offence committed

under this Act which is trialed in Session
Court, Session Court shall follow the
rules mentioned in chapter23 of the Code
of Criminal Procedure which is
applicable in Session Court trial.
 2) Any Session Court shall not accept any
prosecution/trial of any offence committed
under this Act without any written report from
the police officer not below the rank of Sub-
Inspector of the Police and prior approval of
the Controller or any officer authorized by the
Controller, whatever is contained in the Code
of Criminal Procedure
 Investigation: Section 76

The following persons are competent to

investigate:
a) The Controller
b) any officer authorized by the
Controller,
c)any police officer not below the
rank of Sub-Inspector of the Police
Offence committed under this Act shall be
cognizable offence and non bailable
Confiscation sec 77
 1) Any computer, computer system, floppies,
compact disks (CDs), tape drives or any other
accessories related thereto, in respect of which any
provision of this Act, rules, orders or regulations
made thereunder has been or is being contravened,
or in respect of which any offence has been
committed, shall be liable to confiscation by an
order of the court trying an offence or
contravention.
 2) If the court is satisfied, that the computer,
computer system, floppies, compact disks (CDs),
tape drives or any other accessories belonging to a
person or under control of him related thereto, in
respect of which any provision of this Act, rules,
orders or regulations made thereunder has not been
responsible to contravene, or committing an
offence, then the computer, computer system,
floppies, compact disks (CDs), tape drives or any
other accessories shall not be confiscated.
Establishment of Cyber Appellate Tribunal

Section 82:
Members:
One Chairman and two members
Establishment of Cyber Appellate Tribunal

 1) The Government shall, by notification in the

Official Gazette, establish one or more Cyber
Appellate Tribunals to be known as Appellate
Tribunal.
 (2) Cyber tribunal established under sub-section (1)
of this section shall consist of one Chairman and
two members to be appointed by the Government.
Qualifications:
Chairman: Who is, or has been, or is qualified to be,
a Judge of the Supreme Court.
Members: one of the members shall be serving in
judicial department or retired District Judge and the
other member shall be a person having adequate
knowledge and experience in information and
communication technology.
 Tenure:

Tenure: no less than three years

and no more than five years from
the date of joining
Procedure and powers of Cyber Appellate

Powers : (Section 83):

i. Cyber Appellate Tribunal shall have the power to hear
appeal and dissolving the verdict and order given by
Cyber Tribunal.
ii. shall have the power to retain, revoke, alter, or rectify
the verdict or order made by the Cyber Tribunal.
 
 The decision made by the Appellate Tribunal shall
be final
Procedure: The Cyber Appellate Tribunal shall follow the
procedure defined by rules and if the rules do not exist in
that case Appellate Tribunal shall maintain the procedure
in relation to hearing and dissolving of criminal appeal
followed by the High Court Division of the Supreme
Court.
Appeal procedure in case of not establishing
Cyber Appellate Tribunal sec 84
 If the Cyber Appellate Tribunal has not been
established, whatever contained in the Code of
Criminal Procedure, appeal shall be lodged in the
High Court Division of Supreme Court against the
verdict and order given by the Session Court or
Cyber Tribunal, as the case may be.