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

Golam Rabbani
Student of LLM
Roll 10119032

Department of Law
Rajshahi University
BANGLADESH
E-mail: g.rabbani.law@gmail.com

Recent Trend of Cyber Crime in Bangladesh : Laws & Practices

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

tele-marketing frauds, illegal interception of tele-communication etc. Such crimes may

threaten a nations security and financial health.

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,

Indian Law: The

Information Technology Act and Indian Evidence Act.

Our main focuses on the cyber-crimes which are happened in Bangladesh and we also
articulate the laws and practices. In Bangladesh ,there are no many laws relating to cybercrime.

But, in Bangladesh, the Information and Communication Technology Act 2006

mainly cover the cyber related offence and punishment. Besides this Act ,some provisions
also inserted in the Amendment of Telecommunication Act 2001.

CONDITIONS OF CYBER CRIME IN BANGLADESH

The waves of technological development are also thrilled the people of Bangladesh like all
over the world. In this situation to confirm the technological security the Government of
Bangladesh pass a law at 8th October in 2006. It legitimates the using of technology and to
prevent the offence relating to cybercrime. In this act defines some acts as cyber-crime and
also keep the provisions of preventing cybercrime and establishing cyber-tribunal. This Act
declared these following activities as cyber-crime:

- Unauthorized copying, extracting and downloading of any data, database

- Introduction of virus
- Damage and disruption to computer system and computer network
- Denial of access to authorized person to computer
- Providing assistance to make possible to commit to crime
- Hacking with computer system
- Tampering computer source documents
- Electronic forger for the purpose of cheating and harming reputation
- Using a forged Electronic record
- Publication of digital signature certificate for the fraudulent purpose
- Confiscation of computer, network etc.
- Publication of information which is obscene in electronic form
- Misrepresentation and suppressing material facts for obtaining digital signature certificate
- Breach of confidentiality and privacy
- Publishing false digital signature certificate

OBJECTIVES OF THE STUDY

This study is an attempt to make an evaluation of the recent trend of cyber-crime in
Bangladesh with present situations under, international laws , especially laws of Bangladesh.
Considering the vastness of the area of cyber-crime this study will be focused on the cybercrimes and preventive steps. In view of the studies the goal is formulated in some specific
objectives as follows:
(i)

To identify the grounds of commission of cyber-crime;

(ii)

To focus on the ways of making to reform the current laws to prevent the cybercrimes;

(iii)

To develop awareness about the cyber-crimes;

(iv)

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

and to accelerate the dynamism in exercising prevalent laws in respect of cybercrimes; and

(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.

METHODOLOGY OF THE STUDY

This study will examine the law and practice relating to the cyber-crimes in Bangladesh. It
will evaluate the present conditions of the laws and practices in this respect. In order to give
complete shape to the study, a range of research methods would be used:
(i)

review of literature and instruments on cyber laws;

(ii)

examination of the legal provisions regarding cyber laws of Bangladesh;

(iii)

analysis of statutory law and case law relating to cyber-crimes in Bangladesh;

(iv)

review of relevant public records, available statistical data and annual reports of
various private sectors;

(v)

case studies of specific incidents relating to the cyber-crimes; and

(vi)

collection and analysis of relevant data.

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.

SOURCES AND MODES OF DATA COLLECTION

The study will be based on both primary and secondary data. The primary data will be
collected from newspapers, journals, Acts and case laws. The secondary data will be collected
from the literature on the topic, internet, library catalogues. Moreover, information

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.

SCOPES AND LIMITATION OF THE STUDY

The scope of the study relates to the present conditions regarding cyber-crimes in
Bangladesh. As the scope of cyber-crimes are wider than any other offences, so the researcher
go through about the well-known offences which are commonly occurred in Bangladesh and
preventive measures of those crimes . The scope of the study also will be limited within
present laws of Bangladesh with in the essence of International laws

Due to constraint of

time and non-availability of necessary documents relating to cyber-crimes in respect of

Bangladeshi cyber offences ,the study is limited in respect of time and place as mentioned
above.

RATIONALES AND JUSTIFICATION OF THE STUDY

It is hoped that this study will make a significant contribution to the concepts of cybercrimes. It will help the policy makers, legislators and researchers to know about the problems
and prospects to reduce cyber-crimes. The findings of this study are intended to help the

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.

Crime," Cleveland, Mississippi: Anderson Publishing.

Ahmed, Zulfiquar (2009) A Text Book on Cyber Law in Bangladesh, Dhaka:

3.

National Law Book,

NV Paranjape, Criminology and Penology, (Fourteenth edition, 2009): Central

Law Publication, Allahabad, India

4. Borhan Uddin Khan, Monjur Kader (Fourth edition;2014) ,Oporad Biggan
porichity, Kamrul Book House ,Dhaka ,
5. Johannes M. Bauer, Michel J.G. van Eeten, Cyber security: Telecommunications
Policy, (2009)
6. Joseph Straubhaar and Robert LaRose (2004). Media Now: Understanding Media,
Culture, and Technology
7. The Information and Communication Technology Act (ICT), 2006.
B. Newspaper
1. The Daily Star
2. The Prothom Alo
3. The Indians Time
4. The Economics