Documente Academic
Documente Profesional
Documente Cultură
on
RECENT TREND OF CYBER CRIME IN
BANGLADESH : LAWS AND PRACTICES
Submitted to
Dr. Md. Hashibul Alam Prodhan
Department of Law
Rajshahi University
Golam Rabbani
Student of LLM
Roll 10119032
Department of Law
Rajshahi University
BANGLADESH
E-mail: g.rabbani.law@gmail.com
INTRODUCTION
The development in information technology and electronic media especially from 1980`s
onwards have given raised to a new variety of computer related crimes which are commonly
called cyber-crime. The cyber-crime may be done by using computer only, but this crime may
be done very easily by using internet. Cyber-crime or computer crime refers to any crime
that involves a computer and a networks. Some authorities feel that the term cyber-crime is
misnomer as this term is nowhere defined in any statutes or act enacted by the Parliament. In
a sense is radically different from the concept of conventional crime in so far as both include
conduct whether act or omission which causes breach of law and therefore, it is punishable by
the state. It is not surely said that, from when the cybercrime was started but in 1999 at
Taiwan a virus was attracted named CIH, made the topic of cyber-crime familiar to the whole
world.
In the present time people become more dependent on computer and internet, as result, we
cant not think our daily activities without this technological help. For this reason, some selfgainer people chose this technological way to make any crime easily. For committing this
crime the criminal need not to take any special risk. These crimes cover a wide range of
illegal computer related activities such as theft of communication services, industrial
espionages, dissemination of pornographic and sexy offensive material in cyberspace
electronic money laundering and tax evasion, electronic vandalism, terrorism and extortion
The cyber law of every country defines certain acts, as cyber-crime and provides sanctions
against individuals who are held responsible for the commission of such acts. An individual
who is charged with the commission of a cyber-crime is regarded as an accused. Accused
who are committed cyber-crime and they are treated as cyber-criminals.
To prevent cyber-crime all over the world there are some laws and conventions such as
Convention on Cybercrime, Budapest, 23 November 2001, ASEAN The Association of
Southeast Asian Nations (ASEAN) has established high level Ministerial Meeting on
Transnational Crime (AMMTC). At the Meeting in Bangkok, January 8, 2004, a statement
included cyber crime was recognized and the need for an effective legal cooperation to
enhance the fight against transnational crime. The Securely Protect Yourself Against Cyber
Trespass (SPY) ACT, the U.S. Federal Laws, United Kingdoms Cyber Laws, European
Laws, Japans Cyber Laws, Australia: The Cybercrime Act 2001,
mainly cover the cyber related offence and punishment. Besides this Act ,some provisions
also inserted in the Amendment of Telecommunication Act 2001.
(ii)
To focus on the ways of making to reform the current laws to prevent the cybercrimes;
(iii)
(iv)
(v)
To find out ways and means of taking effective measures to reduce the cyber offences.
In order to procure these objectives some standards are necessary to evaluate the present
situations about cyber-crimes in Bangladesh. With this end in view, the study aims to
scrutinise general principles of laws, policies, norms, and mechanisms concerning cyber
offences. In this regard, the study will review and analyse the literature, laws and practices of
Bangladesh in accordance with the methodology of the study and the relevant data.
(ii)
(iii)
(iv)
review of relevant public records, available statistical data and annual reports of
various private sectors;
(v)
(vi)
Discussion on the conceptual issues will be based on the literature including books, journals,
electronic materials, statutory law and case law.
a. Study Design: The study will be empirical and at the same time it will be focused on
present situations.
b. Period of Study: The period of study will be two month including data collecting and
analysing data.
will be collected from the website of various national and international organizations. The
collected data will be classified, analysed and tabulated according to the different objectives
and variables of the study.
On the basis of the evaluation some proposals by way of recommendations will be made in
the conclusion of each chapter to improve the
preventive process
of cyber-crimes in
Bangladesh. An overall conclusion will be drawn in the last chapter of the study.
Due to constraint of
government to improve the existing laws relating to the information and technological safety
in Bangladesh.
As the study is concerned with the present situation or present prospective of cyber-crimes
and prevention thereof, as well as the effectiveness of laws, steps of Government, awareness
of people and respect to laws, which are the glaring issues of day, it deserves some inordinate
significance.
It will be a new combination for the researcher, because as far as known, there has been no
research work done as yet on this matter in Bangladesh. It is expected that this recent issue
can be treated as an important and valuable source for the workers on this subject. The
findings of the research will be helpful for the people, especially the concerning and
interested people in this field.
Moreover, it will open wide opportunities for other researchers concerned with this arena.
This research work may be helpful for the students of law to enrich their knowledge.
Besides, many institutions, agencies and organizations will benefit from this type of new
research work.
REVIEW OF LITERATURE
Since cyber-crimes are a fast growing matter and wherein interaction of the bcommon people
as well as the society and Government. It became a subject of discussion and research from
the days of the formation of peaceful society, innumerable books and articles are written on
this topic in side of Bangladesh. But because of the changing patterns of the society and
human behaviour with the development of science and technology earlier literature on this
topic is becoming insufficient to give exact information and protection. Moreover, most of
the previous literature is written by academics having no relation with recent situation. Thus,
many books regarding cyber-crimes are found in different libraries and online; and mostly
some aspects of these matters are found in foreign books. But none of them contains any
adequate information about Bangladeshi legal system.
On the legal relationship some other books, which bear much significance are ;
Oporad Biggan porichity By Prof. Dr. Borhan Uddin Khan , A text Book on Cyber law of
Bangladesh By Dr. Zulfiquar Ahmed, ICT Policy of Bangladesh Govt. publication. A book
of R. K. Chaubey, An Introduction to Cyber Crime and Cyber Laws is an important book to
analysing the main kinds of cyber-crimes.
Apart from these works, a list of other books, articles, documents, statutes, and journals on
different aspects of cyber law and crime may be found, but none of them has dealt with this
research topic in the light and details as it has been intended to be done in this work. In none
of them could be found an unbiased and in-depth treatment of this burning research area.
Attempts will be made in this work to suggest reform where necessary and update the
existing laws so that an effective prevention of cyber-crimes is ensured in a fruitful way.
Selected Bibliography
A. Books
1. Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer
2.
3.