Research Proposal

on
RECENT TREND OF CYBER CRIME IN
BANGLADESH : LAWS AND PRACTICES

Submitted to
Dr. Md. Hashibul Alam Prodhan
Department of Law
Rajshahi University

Submitted by

Hasan Muhtady
Student of LLM
Roll 10039024

Department of Law
Rajshahi University
BANGLADESH
E-mail: hasan.muhtady@gmail.com

Recent Trend of Cyber Crime in Bangladesh: Laws & Practices

INTRODUCTION
It is certainly believed that present world cant think without internet and communication
technology. Computer and internet makes our life faster in both positive and negative side.
Cyber-crime refers to any crime that involves a computer and a network 1. The internet, along
with its advantages, has also exposed us to security risks that come with connecting to a large
network. Computers today are being misused for illegal activities like e-mail espionage,
credit card fraud, spams, and software piracy and so on, which invade our privacy and offend
our senses. Issues surrounding this type of crime have become high-profile, particularly those
surrounding hacking, copyright infringement Child pornography, and child grooming. Cybercrime is criminal activity done using computers and the Internet. This includes anything from
downloading illegal music files to stealing millions of dollars from online bank accounts. 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. But at the
present world it cant be said that what the massive bad effect in the area is cyber-crime.

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. This makes a criminal easy
to commit crime by using a computer from sitting any far place of the world. For committing
this crime the criminal need not to take any special risk. A cyber-criminal can destroy
websites and portals by hacking and planting viruses, carry out online frauds by transferring
funds from one corner of the globe to another, gain access to highly confidential and sensitive

1 Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer

Crime," Cleveland, Mississippi: Anderson Publishing.

information, cause harassment by e-mail threats or obscene material, play tax frauds, indulge
in cyber pornography involving children and commit innumerable other crimes on the
Internet. It is said that none is secure in the cyber world. The security is only for the present
moment when we are actually secure. With the growing use of the Internet, cyber-crime
would affect us all, either directly or indirectly.

The Convention on Cybercrime, Budapest, 23 November 2001, is the first convention which
was made to control cyber-crime world widely. The United Nation pass a Resolution on
combating the criminal misuse of information technologies was adopted by the General
Assembly on December 4, 2000 including as followings: (a) States should ensure that their
laws and practice eliminate safe havens for those who criminally misuse information
technologies. (b) Legal systems should protect the confidentiality integrity and availability of
data and computer systems from unauthorized impairment and ensure the criminal abuse is
penalized. Beside this many countries made new laws to control cyber-crime. In United
States and United Kingdoms there are specific cyber laws. In Indian, the Information
Technology Act and Indian Evidence Act control the cyber related crimes.
In the side of Bangladesh the Government responded by coming up with the first cyber law of
Bangladesh The Information and Communication Technology Act (ICT), 2006. The
Cabinet of Minister of Bangladesh has approved the Information and Communication
Technology bill (ICT), 2006 on February 2005 and it has been enacted on 8th October, 2006.
The ICT Act defines various terms. Which are innovative in the legal lexicon in Bangladesh..
In Bangladesh, there are no many laws relating to cyber-crime. Some provisions also inserted
in the Amendment of Telecommunication Act 2001 to control cyber-crime.

CONDITIONS OF CYBER CRIME IN BANGLADESH

In the present time it can be seen that beside the all over the country the technological
development also makes Bangladesh faster than before. As a result many cyber related crime
have started to be committed. The ICT Act 2006 tried to take this type of crime under control.
There are some provision which directly define some crime and also some provision to
ensure punishment to the criminals by taking some special measurements. Chapter I of the
ICT Act 2006 specifically defines some term which are used in ICT sector and cyber
legislation for clearing the concept. Chapter II of the Act specifically stipulates that any
subscriber may authenticate an electronic record by affixing his digital signature. Chapter III
is for application to the attribution, acknowledgement and dispatch of electronic records
among parties. Chapter V of the said Act gives a scheme for regulation of Certifying
Authorities. Chapter VII & VIII of the ICT Act talks about penalties, adjudication,
investigation, judgment and punishment for various offences and the penalties for damage to
computer, computer systems etc. There are some crimes which have discussed in this Act this
are unauthorized copying, extracting and downloading of any data, database, introduction of
virus, damage to computer system, hacking, tampering, electronic forger, publication of
information which is obscene in electronic form, breach of confidentiality and privacy and
publishing false digital signature certificate.

OBJECTIVES OF THE STUDY

The on-going study is aimed to deep study into the legal framework of cyber law of
Bangladesh as the countries laws and cyber-crimes. This thesis would be conduct over the
cyber-crime which is held in Bangladesh. The legal steps against the cyber-crime will control

the crimes. In view of the studies the goal is formulated in some specific objectives as
follows:
(i)

To find out the importance of cyber-tribunal in Bangladesh and all over the world;

(ii)

To find out the existing problems of cyber law in our country to control cyber-crimes;

(iii)

To know about cyber-crime in Bangladesh details.

(iv)

To promote effectiveness of the government and law enforcing agencies to control

cyber-crimes; and

(v)

To identify the ways of making control over cyber-crime to stop the great loss of
economy.

In this point, it will be clear the present conditions of cyber-crime in Bangladesh. Beside this
the activities which does not cover under the law, will also find out. 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.

METHODOLOGY OF THE STUDY

The success of a research depends upon its methodology. This study will explain the recent
cyber-crimes which are happened in Bangladesh. And what kinds of stapes are taken by the
authority also will be examined. This study will examine the evolution of the law of cybercrime. In order to give complete shape to the study, a range of research methods would be
used:
(i)

Review of literature and instruments on the cyber law;

(ii)

Analysing the legal framework which control the cyber-crime in Bangladesh;

(iii)

Review on records and reports published by cyber-tribunal in Bangladesh;

(iv)

Analysing various data which are published and also analysing about the new

crimes to get proper solutions; and

(v)

Case studies relating to cyber-crimes.

Discussion on the conceptual issues will be based on the literature including books, journals,
electronic materials, statutory law and case law.

STUDY DESIGN
The study will be present approach in Bangladesh as well as at the same time it will be
focused on various cyber-crime and future possibilities.

PERIOD OF STUDY
The period of study will be divided in some functions along with data colleting, analysing
and reviewing data. This process will be continued to three month.

SOURCES AND MODES OF DATA COLLECTION

The study will be based on both primary and secondary data. Particularly due to the nature of
the research it will be founded at larger on the secondary sources. The primary data will be
collected from newspapers, journals, Acts and case laws beside this the secondary data will
be collected from the literature on the topic, internet and blogs. Moreover, information will be
collected from the website which are now analysis regarding the cyber-crime specially. 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 cyber-law conditions in case of law drafting

and implementing laws in Bangladesh. An overall conclusion will be drawn in the last
chapter of the study.

SCOPES AND LIMITATION OF THE STUDY

The scope of the study is very much wider in the present situation of our country. There
various offences occurred in everyday because of internet. But the law of Bangladesh does
not cover all the crimes relating to cyber offences. Due to shortage of time, investment and a
less control, researcher cannot go for a wide way. Therefore I have to depend on the
information available in the web side of the laws relating to cyber-crime.

RATIONALES AND JUSTIFICATION OF THE STUDY

It is hoped that this study will make a significant contribution to the legal development in
cyber-law. From this thesis academician, policy maker, researcher, legislator, student of law
and history will be great benefited. More crime will be come under the laws of Bangladesh.
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.

REVIEW OF LITERATURE
Since the technology is changing day by day and demand of new laws is growing due to meet
different new crimes arising from development of technology. Cyber-crime 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. Moreover, most of the
previous literature is written by academics having shortage of information and the new
coming crimes. The books regarding cyber-crimes are found in different libraries and online.
.

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 the role 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.

Selected Bibliography
A. Books
1. N V Paranjape, Criminology and Penology, (Fourteenth edition, 2009): Central
Law Publication, Allahabad, India.
2. R. K. Chaubey, An Introduction to Cyber Crime and Cyber Laws, 1sted.,
(Kolkata: Kamal Law House, 2009).
3. Ahmed, Zulfiquar (2009) A Text Book
4.

on Cyber Law in Bangladesh, Dhaka:

National Law Book,

Borhan Uddin Khan, Monjur Kader (Fourth edition;2014) ,Oporad Biggan

porichity, Kamrul Book House ,Dhaka ,

5. Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer
Crime," Cleveland, Mississippi: Anderson Publishing.
6. Joseph Straubhaar and Robert LaRose (2004). Media Now: Understanding Media,
Culture, and Technology
,
B. Journals
1. M. Abul Hasanat, Cyber Crime: An Ill-going Techno - Culture, Journal of Law,
Vol. i, no.1 (June 2003).
C. Statutes
1. The Information and Communication Technology Act (ICT), 2006.
2. The United Nations Commission on International Trade Law (UNCITRAL), 1996.
3. The Penal Code, 1860.
4. The Evidence Act, 1872.
5. The Computer Misuse Act (1990).

D. Electronic Data
1. http://en.wikipedia.org/wiki/Cyber_crime.
2. http://www.associatedcontent.com/article/44605/cybercrime_a_revolution_in_terroris
m.html?cat=37