Cybercrime and Bangladeshi Law

12 · 30 · 23

John Carlin published ‘A Farewell to Arms’ for Wired Magazine in 1997. A soldier physically says goodbye to arms in Ernest Hemingway’s book of the same name, while John Carlin’s essay depicts a different event. John Carlin proposed a novel concept in his paper.

His point was that future conflicts won’t need conventional weaponry. Other methods will be used to fight them. The method he predicted almost two decades ago is becoming reality.

Cyber crimes, net crimes, computer fraud, cyber extortion, etc. are common nowadays. Internet technology has created a new sort of crime. Most people call it cybercrime. The phrase cyber usually indicates computer network or VR.

Cyber crime is any crime that involves cyberspace, a computer network, or a protected computer system. Our current society relies on networked infrastructure, therefore even a little issue might create major issues. A single mistake or keystroke may unleash devastation and ruin.

Though these technologies have given us many abilities, they have also made us susceptible. We built these creatures, yet we sometimes feel powerless in front of them. Someone may purposely exploit honest faults.

They commit cybercrime. They operate in online and utilize deception to achieve their nefarious goals, which frequently injure people and groups. Cyber crimes are harmful and always threaten personal, public, or national privacy.

What exactly is cybercrime?      

Dr. Debarati Haldar and Dr. K. Jaishankar defined cyber crimes as such-

Offenses of a criminal nature perpetrated against an individual or collective entity, motivated by a deliberate intention to inflict harm upon the victim’s reputation or cause direct or indirect physical or mental harm or loss, utilizing contemporary telecommunication networks, including but not limited to the internet (inclusive of chat rooms, emails, notice boards, or groups) and mobile phone technology (specifically SMS/MMS).

The individuals commonly referred to as cyber criminals are typically identified as hackers. The term “hacker” has been excessively employed to the extent that it has been erroneously attributed to any individual who gains unauthorized access to computer systems.

However, it is important to note that the statement provided may not be entirely accurate. There exists a discernible distinction between hackers and crackers, notwithstanding the fact that the appellation “cracker” has failed to gain widespread acceptance among the general populace.

The term “hackers” refers to individuals who, without proper authorization, engage in the act of accessing computers or telecommunication systems. It is worth noting that their motivations often stem from the mere desire to test their skills and abilities, rather than any legitimate or lawful purpose.

The individuals in question perceive it as a challenge, which they willingly undertake for recreational purposes. Certain individuals who engage in unauthorized access to computer networks assert, with great fervor, that their actions are in fact a form of service rendered to society.

These hackers maintain that by revealing vulnerabilities and security deficiencies within said networks, they are contributing to the overall improvement of their security measures. The aforementioned hackers evince no interest in acquiring any form of property or exhibit no discernible impetus for pecuniary advancement.

However, it must be noted that crackers, in the context of computer systems, are individuals who engage in unauthorized activities such as illicitly infiltrating computer systems with the intention of obtaining financial benefits, disabling hardware, engaging in software piracy, or manipulating and causing harm to data.

The opposing party frequently partakes in the deliberate and malicious act of undermining the assets belonging to the aggrieved party. The hackers referred to earlier are commonly known as ‘white-hat hackers’ (non-malicious) and the hackers mentioned subsequently are referred to as ‘black-hat hackers’ (malicious).

Types of cybercrime  

There exists a multitude of cyber crimes. The following are a few of them, briefly alluded to herein:


Engaging in the act of unauthorized intrusion into computer systems owned by individuals or organizations constitutes a violation of the law. The act of hacking places the victim in a highly precarious and susceptible position, as it carries with it the inherent dangers of potentially divulging and compromising all confidential information contained within a computer system. Engaging in the act of hacking constitutes a transgression that is subject to legal repercussions, as the legislation pertaining to this matter is characterized by its stringent nature.


The internet possesses the capacity to disseminate misinformation with equal ease and frequency as it does accurate and reliable information. Websites have the potential to disseminate inaccurate or defamatory content, particularly within forums and chat rooms, wherein users can freely submit messages without undergoing scrutiny by moderators.

It is of utmost importance to underscore the heightened peril posed by spurious or deceptive information. The act of defamation possesses the potential to inflict substantial harm upon the reputation and dignity of individuals, given the widespread accessibility of online statements across the global sphere.


The individuals commonly referred to as cyber-extortionists engage in the creation and dissemination of deleterious software applications, commonly known as malware, with the frequent intention of issuing threats to both natural persons and entities. Given the utilization of said software.

it is plausible that significant harm may be inflicted upon the aforementioned individuals or entities. The party in question purports to provide a form of “protection” in exchange for monetary compensation, under the implicit threat of either causing destruction or disclosing sensitive financial and security-related information. The aforementioned cyber-extortionists may be deemed as the contemporary counterparts of cyber-mafias.

E-mail bombing

The act commonly known as “e-mail bombing” pertains to the deliberate and systematic transmission of a substantial volume of electronic mail messages to the targeted recipient, thereby causing the recipient’s electronic mail account to experience a state of dysfunction or failure, particularly in instances involving individual users. The aforementioned actions are undertaken with the deliberate intention of subjecting an individual to harassment.


The term “cyber-terrorism” was purportedly coined in the 1980s by an individual named Barry C. Collin, as per the available information. The aforementioned phrase can be legally characterized as the deliberate act of aggression directed towards information, computer systems, computer programs, and data, thereby causing harm to individuals who are not engaged in combat, perpetrated by sub-national entities or covert operatives.

The potential harm that can be inflicted upon a group of individuals or a sovereign entity by cyber-terrorists is of an unimaginable nature. It is alleged that the individuals in question possess the capability to gain unauthorized access to a telecommunications network in the event of an emergency, subsequently engaging in activities that result in the deliberate disruption and cessation of said network’s operations, thereby exacerbating the number of casualties.

In the hypothetical scenario presented, wherein a situation akin to the tragic events of September 11, 2001, has transpired, it is imperative to acknowledge the deployment of emergency personnel. In the interim, it is conceivable that the terrorists possess the capability to unlawfully access the emergency communication system, thereby diverting all commands, disseminating misleading information, and engaging in similar deceptive activities.

Therefore, it is anticipated that the current circumstances will deteriorate. In the United States of America, it is pertinent to note that the Federal Bureau of Investigation (FBI) maintains a distinct and autonomous entity known as the Cyber Security Unit (CSU).

The primary objective of this specialized unit is to diligently safeguard the nation from various forms of cyber attacks. The alleged cyber-terrorists purportedly engage in the deliberate targeting of various sectors, including but not limited to transportation, telecommunication, and financial data, among others. Therefore, it is conceivable that a conflict may be successfully resolved without the discharge of a solitary projectile.

Cybercrime in Bangladesh

In light of the prevailing circumstances, it is worth noting that Bangladesh, a nation classified as a developing country, has experienced a significant and noteworthy transformation in the realm of technology.

It is hereby asserted that a teenager of Bangladeshi origin possesses convenient and unhindered means of utilizing computers and various electronic devices. Therefore, they are afforded ample opportunities to partake in the act of hacking. The issue of hacking has indeed emerged as a significant concern within the jurisdiction of Bangladesh.

It has come to my attention that there is a growing inclination among individuals of a younger demographic to engage in the activity commonly referred to as hacking, driven by a desire for excitement and stimulation.

It is not solely the younger demographic that is implicated in the act of hacking and the subsequent disclosure of confidential information; even the established and widely recognized media outlets are frequently involved in such activities.

The Mahmudur Rahman case is maybe Bangladesh’s first cyber criminal case. Mahmudur Rahman, creator of Bangladeshi weekly Amar Desh, was sued by the High Court for publishing Skype exchanges between former International Crimes Tribunal chairman Justice Md Nijamul Huq and an expatriate legal expert in December 2012. On December 13, 2012, he and Amar Desh publisher Hashmat Ali were sued.

A gang of Bangladeshi hackers, known as ‘Black Hat Hackers’, attacked over 25000 Indian websites, including the Border Security Forces (BSF) website, on February 15, 2012. Some propaganda actions constitute cybercrime.

Political propaganda is biased and misleading information used to promote a cause or idea. Public anxiety and terror ensue. The 2012 Cox’s Bazar Ramu Violence is an example. A bogus Facebook account shared a Quran destruction picture.

The bogus account was used by a Buddhist man. This message enraged local Muslims, who assaulted innocent Buddhists without confirming the Facebook account. Many Buddhist temples, monasteries, and homes were destroyed. Bangladesh is vulnerable to cybercrime. Unchecked cybercrime are increasing daily, harming law and order.

Legal fabric of Bangladesh regarding cybercrime

The ICT Act, 2006 took effect on October 8, 2006. The government revised the Act in 2008 and 2009. In 2010, the government enacted Information Technology (Certificate Authority) guidelines to improve Act application.

However, these laws are insufficient. To address cyberspace concerns, current laws like the Penal Code 1860, Evidence Act 1872, and Contract Act 1872 must be updated. We hope these Acts will evolve with time.

Several cybercrime punishments are included in the ICT Act, 2006. For example, section 54 (1) of this Act outlines online offenses. Section 54(2) states that violators of sub-section (1) may face imprisonment for up to 10 years, a fine of up to taka ten lakhs, or both.

We can also look at section-56 which says-

“If any person—

       (a) with the aim to cause or knowing that he is likely to cause unjust loss or damage to the public or any individual, destroys, deletes, or modifies computer resource information or decreases its value or usefulness or harms it.

     (b) harm by illegally accessing a computer, network, or electronic system owned by someone else is hacking.

    (c) Hacking under sub-section (1) of this law is punished by ten years in jail, a one-crore fine, or both.

Law has taken cybercrime into account and has tough laws.


Cybercrime, the newest kind of crime, is hard to stop. However, this difficulties should not hinder us from fighting cybercriminals. Only legality is not enough; we must practice ethics and morals in our personal and community life.

Our kids are easily misled, therefore they need instruction and care. The state must take all efforts to prevent cyber-invasions that endanger life. Continuous monitoring and strengthening countermeasures are government priorities. Common people should use computers and internet services carefully. Hopefully, our awareness and ongoing fight against cybercrime will succeed.

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