Cyber Law – Pakistan

Good day!

Seems like all those who are against the cyber bill proposed by the government of Pakistan haven’t actually read it OR are the ones who misuses the cyber-space.

Following is the second amendment of the said bill, the final one too will be according to this only with little or no change. Mentioned some of the important points kindly have a read and then decide you support this bill or not. i fully support this bill and wants it to be implemented as soon as possible. It’ll end the negativity, baseless accusations, derogatory images/trends, fake accounts, harassment and address many other issues.

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OFFENCES & PUNISHMENTS

Unauthorized access to information system or data.-

(1) Whoever with malicious intent gains unauthorized access to any information system or data shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one hundred thousand rupees or with both.

Unauthorized copying or transmission of data.-

Whoever with malicious intent and without authorization copies or otherwise transmits or causes to be transmitted, any data whether by gaining access to such data or otherwise, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupees or with both.

Cyber terrorism. –

Whoever commits or threatens to commit any of the offences under sections 5 and 7 where 

  • the use or threat is designed to coerce, intimidate, overawe or create a sense of fear, panic or insecurity in the Government or the public or a section of the public or community or sect or create a sense of fear or insecurity in society; or
  •  the use or threat is made for the purpose or motive of advancing a religious, ethnic or sectarian cause;
  • shall be punished with imprisonment of either description for a term which may extend to fourteen years or with fine which may extend to fifty million rupees or with both.

Unauthorized access to critical infrastructure information system or data.-

Whoever with malicious intent gains unauthorized access to any critical infrastructure information system or data shall be punished with imprisonment upto three years or with fine which may extend to one million rupees or with both.

Criminal Interference with critical infrastructure information system or data.-

Whoever with malicious intent and without authorization interferes with or damages, or causes to be inferred with or damaged, any critical information system or any part thereof, or critical infrastructure data or any part thereof, shall be punished with imprisonment which may extend to seven years or with fine which may extend to five million rupees or with both.

Electronic forgery .-

(1) Whoever, for wrongful gain, interferes with any information system, device or data, with intent to cause damage or injury to the public or to any person, or to make any illegal claim or title or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud by any input, alteration, deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of the fact that the data is directly readable and intelligible or not shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to two hundred and fifty thousand rupees or with both.

(2) Whoever commits offence under sub-section (1) in relation to a critical infrastructure information system or data shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to five million rupees or with both.

Electronic fraud.-

Whoever for wrongful gain interferes with or uses any information system, device or data or induces any person to enter into a relationship or with intent to deceive any person, which act or omission is likely to cause damage or harm to that person or any other person shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to ten million rupees, or with both.

Making, supplying or obtaining devices for use in offence.-

Whoever produces, makes, generates, adapts, exports, supplies, offers to supply or imports for use any information system, data or device intending it primarily to be used or believing that it is primarily to be used to commit or to assist in the commission of an offence under this Act shall, without prejudice to any other liability that he may incur in this behalf, be punished with imprisonment for a term which may extend to 6 months or with fine which may extend to fifty thousand rupees or with both.

Identity crime. –

(1) Whoever obtains, sells, possesses or transmits another person’s identity information, without lawful justification shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to fifty thousand rupees, or with both.

(2) Any person whose identity information is obtained, sold, possessed or retains may apply to the Court competent to try offence under sub-section (1) for passing of such others as the Court may deem fit in the circumstances for securing, destruction or preventing transmission of any such data.

Unauthroized issuance of SIM cards etc.-

Whoever sells or otherwise provide subscriber identity module (SIM) card, re-usable identification module (R-IUM) or other portable memory chip designed to be used in cellular mobile or wireless phone for transmitting and receiving of intelligence without obtaining and verification of the subscriber’s antecedents in the mode and manner approved by the Authority shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five hundred thousand rupees or both.

 Tempering etc. of communication equipment.-

Whoever changes, alters, tampers with or re-programs unique device identifier or international mobile station equipment identity (IMEI) number of any stolen cellular or wireless handset and unlawfully or without authorization starts using or marketing it for transmitting and receiving intelligence through such mobile or wireless handsets shall be punished with imprisonment which may extend to three years or with fine which may extend to 1 million rupees or both.

Exclusion of telecommunication law related offences.-

(1) Nothing in this Act shall apply to any offence with respect to telecommunication or matters related to laws, or any subsequent amendment thereof, specified under the Schedule and vice versa.

Unauthorized interception.-

Whoever intentionally commits unauthorized interception by technical means of-

  • any transmission that is not intended to be and is not open to the public, from or within an information system; or
  •  electromagnetic emissions from an information system that are carrying data,

shall be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to five hundred thousand rupees or with both:

Savings of Intelligence Services powers.-

(1) Offences, powers and procedures provided under this Act are not related to and have no application upon the activities, powers or functions of intelligence agencies or services and are without prejudice to the operation of or powers-

  • under section 54 of the Pakistan Telecommunication (Re-organization) Act, 1996;
  • under the Army Act, 1952;
  • under the Air Force Act, 1953;
  • under the Navy Ordinance, 1961;
  • under the purview of the Intelligence Bureau;
  • by the intelligence agency or intelligence service notified by the Federal Government under section 30 of this Act; and
  • when exercised lawfully by any other intelligence agency or service that by itself does not investigate or prosecute an offence.

16. Offence against dignity of natural person

(1) Whoever, with malicious intent, knowingly and publicly exhibits, displays, transmits any electronic communication that harms the reputation of a natural person, threatens any sexual acts against a natural person; superimposes a photograph of the face of a natural person over any sexually explicit images; distorts the face of a natural person; or includes a photograph or a video of a natural person in sexually explicit conduct, without the express or implied consent of the person in question, intending that such electronic communication cause that person injury or threatens injury to his or her reputation, his or her existing state of privacy or puts him or her in fear for him or her safety shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one million rupees or with both.

  • Whoever commits an offence under sub-section (1) with respect to a minor, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to ten million rupees or with both.
  • Any aggrieved person or his guardian where such person is a minor, may apply to the court for passing of such orders for removal, destruction or blocking access to such material referred in sub-section (1) and the Court on receipt of such application may pass such orders as deemed proper in the circumstances.

Malicious code.-

Whoever wilfully writes, offers, makes available, distributes or transmits malicious code through an information system or device, with intent to cause harm to any information system or data resulting in the corruption, destruction, alteration, suppression, theft or loss of information system or data shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to one million rupees or both:

Provided that the provision of this section shall not apply to the authorized testing, research and development or protection of any code for any lawful purpose:

Explanation.- For the purpose of this section the expression “malicious code” includes a computer program or a hidden function in a program that damages any information system or data or compromises the performance of the information system or availability of data or uses the information system resources without proper authroization

Cyber stalking. –

(1) Whoever with intent to coerce, intimidate, or harass any person uses information system, information system network, internet, website, electronic mail or any other similar means of communication to,-

  • communicate obscene, vulgar, contemptuous, or indecent intelligence;
  • make any suggestion or proposal of an obscene nature;
  • threaten any illegal or immoral act;
  • take or distribute pictures or photographs of any person without his consent or knowledge; 
  • display or distribute information in a manner that substantially increases the risk of harm or violence to any other person commits the offence of cyber stalking.

(2) Whoever commits the offence specified in sub-section (1) shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one million rupees, or with both:

Provided that if the victim of the cyber stalking under sub -section (1) is a minor the punishment may extend to three years or with fine may extend to ten million rupees, or with both.

 (3) Any person may apply to the court for issuance of a restraining order against an accused of cyber stalking and the court upon receipt of such application may pass such order as deemed appropriate in the circumstances of the case

Spamming.-

(1) Whoever transmits harmful, fraudulent, misleading, illegal or unsolicited intelligence to any person without the express permission of the recipient, or causes any information system to show any such intelligence commits the offence of spamming.

(2) Whoever commits the offence of spamming as described in sub-section (1) shall be punished with fine not exceeding fifty thousand rupees if he commits this offence of spamming for the first time and for every subsequent commission of offence of spamming he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one million rupees or with both.

Spoofing.-

(1) Whoever dishonestly, establishes a website or sends any intelligence with a counterfeit source intended to be believed by the recipient or visitor of the website, to be an authentic source commits spoofing.

(2) Whoever commits spoofing shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five hundred thousand rupees or with both.

Legal recognition of offences committed in relation to information systems.-

(1) Notwithstanding anything contained in any other law, an offence under this Act or any other law shall not be denied legal recognition and enforcement for the sole reason of such offence being committed in relation to, or through the use of, an information system.

  • References to “property” in any law creating an offence in relation to or concerning property, shall include information systems and data.
  • References in any law creating an offence to an act shall include actions taken or caused by use of an information system.
  • References to an act by a person in this Act or any law establishing an offence shall include acts done or to be done by or through automated mechanisms and self-executing, adaptive or autonomous devices, programs or information systems.

Pakistan Penal Code 1860 to apply.-

The provisions of the Pakistan Penal Code 1860 (XLV of 1860), to the extent not inconsistent with anything provided in this Act, shall apply to the offences provided in this Act.

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IF YOU AREN’T MISUSING THE CYBER-SPACE OR DOESN’T VIOLATE THE ABOVE MENTIONED, YOU DON’T HAVE TO WORRY ANYTHING. INSTEAD SHOULD SUPPORT THIS LAW.

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ESTABLISHMENT OF INVESTIGATION & PROSECUTION AGENCY AND PROCEDURAL POWERS FOR INVESTIGATION

Establishment of investigation agencies and prosecution.-

The Federal Government shall designate the Federal Investigation Agency or any other law enforcement agency as the special investigation agency for the purposes of investigation and prosecution of offences under this Act.

Unless otherwise provided for under this Act the special investigation agency, the special investigating officer, prosecution and the court shall in all matters follow the procedure laid down in the Code to the extent that it is not inconsistent with any provision of this Act.

The Government shall organize specialized courses in digital forensics, information technology, computer science and other related matters for training of the officers and staff of the special investigation agency.

No warrant, arrest, search, seizure or other power not provided for in the Act.-

(1) No person whether a police officer, investigation officer or otherwise, other than an investigating officer of the special investigation agency shall investigate an offence under this Act:

Provided that the Federal Government or the Provincial Government may, as the case may be, constitute joint investigation team comprising of the officers of special investigation agency and any other law enforcement agency including Police for investigation of events involving commission of offences under this Act and any other law for the time being in force.

(2) No person other than a prosecutor designated as such by the special investigating agency shall prosecute any offence under this Act.

Expedited Preservation of data.-

(1) If an investigating officer is satisfied that-

  • data stored in any information system or by means of an information system, is reasonably required for the purposes of a criminal investigation; and
  •  there is a risk or vulnerability that the data may be modified, lost, destroyed or rendered inaccessible, the investigating officer may, by written notice given to a person in control of the information system, require the person to ensure that the data specified in the notice be preserved and the integrity thereof is maintained for a period not exceeding ninety days as specified in the notice.

(2) The period provided in sub-section (1) for preservation of data may be extended by the Magistrate if so deemed necessary upon receipt of an application from the investigating officer in this behalf.

Retention of traffic data.—

(1) A service provider shall, within its existing or required technical capability, retain its traffic data for a minimum period of ninety days or such period as the Authority may notify from time to time and provide that data to the special investigating agency or the investigating officer whenever so required.

(2) The service providers shall retain the traffic data under sub section (1) by fulfilling all the requirements of data retention and its originality as provided under sections 5 and 6 of the Electronic Transaction Ordinance, 2002 (LI of 2002).

 (3) Any person who contravenes the provisions of this section shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to or with both.

Warrant for search or seizure.-

(1) Upon an application by an investigating officer that demonstrates to the satisfaction of the Court that there exist reasonable grounds to believe that there may be in a specified place an information system, data, device or other articles that-

  • may reasonably be required for the purpose of a criminal investigation or criminal proceedings which may be material as evidence in proving a specifically identified offence made out under this Act; or
  •  has been acquired by a person as a result of the commission of an offence,

the Court may issue a warrant which shall authorise an investigating officer, with such assistance as may be necessary, to enter the specified place and to search the premises and any information system, data, device or storage medium relevant to the offence identified in the application and access, seize or similarly secure any information system, data or other articles relevant to the offence identified in the application.

Warrant for disclosure of traffic data.-

(1) Upon an application by an investigating officer that demonstrates to the satisfaction of the Court that there exist reasonable grounds to believe that specified data stored in an information system is reasonably required for the purpose of a criminal investigation or criminal proceedings with respect to an offence made out under this Act, the Court may, after recording reasons, order that a person in control of the information system or data to provide such data or access to such data to the investigating officer.

(2) The period of a warrant issued under sub- section (1) may be extended beyond seven days if, on an application, a Court authorizes an extension for a further period of time as may be specified by the Court.

INTERNATIONAL COOPERATION

International cooperation.-

(1) The Federal Government may cooperate with any foreign Government, 24 x 7 network, any foreign agency or any international agency for the purposes of investigations or proceedings concerning offences related to information systems, electronic communication or data or for the collection of evidence in electronic form of an offence or obtaining expeditious preservation and disclosure of data by means of an information system or real-time collection of data associated with specified communications or interception of data under this Act.

2- The Federal Government may, without prior request, forward to such foreign Government, 24 x 7 network, any foreign agency or any international agency, any information obtained from its own investigations if it considers that the disclosure of such information might assist the other Government or agency in initiating or carrying out investigations or proceedings concerning any offence.

 3- The Federal Government may require the foreign Government, 24 x 7 network, any foreign agency or any international agency to keep the information provided confidential or use it subject to some conditions.

 4- The investigating agency shall be responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution.

5- The Federal Government may refuse to accede to any request made by such foreign Government, 24 x 7 network, any foreign agency or any international agency if the request concerns an offence which is likely to prejudice its sovereignty, security, public order or other national interests.

 6- The Federal Government may postpone action on a request if such action would prejudice investigations or proceedings conducted by its special investigation agency.

PROSECUTION AND TRAIL OF OFFENCES

Cognizance and trial of offences.—

(1) The Federal Government, in consultation with the Chief Justice of respective High Court, shall designate Magistrates and Session Judges at such districts or places as deemed necessary who shall be competent to try the offences under this Act.

2- Notwithstanding the provisions of provincial public service commission laws, the designated judges under sub-section (1) shall have successfully completed training conducted by the Federal Judicial Academy with respect to all aspects of this Act including cyber forensics, electronic transactions and data protection.

3- All offences under this Act, except offence under section 8 and abetment thereof, shall be cognizable and tried by the Magistrate designated under sub-section (1).

4- Offence under section 8 and abetment thereof shall be tried by the Sessions Judge designated under sub-section (1).

 5- In all matters with respect to which no procedure has been provided in this Act, the provisions of the Code and Qanun-e-Shahadat . 1984 (X of 1984) shall apply.

Order for payment of compensation.-

(1) The Court may, on awarding punishment of imprisonment or fine or both for commission of any offence, make an order for payment of any compensation to the victim for any damage caused by commission of the offence and the compensation so awarded shall be recoverable as arrears of land revenue:

Provided that the compensation awarded by the Court shall not prejudice any right to a civil remedy for the recovery of damages beyond the amount of compensation awarded.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for the Court to award any compensation authorized by this Act even if such compensation exceeds its powers under the Code.

MISCELLANEOUS

Act to override other laws.-

The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.

Power to make rules.-

The Federal Government may, by notification in the official Gazette, make rules for carrying out purposes of this Act.

Removal of difficulties.-

If any difficulty arises in giving effect to the provisions of this Ordinance, the Federal Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty.

#ISupportCyberlaw

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**UPDATE 15/04/2016: Original Proposed Bill attached**

**UPDATE-2  15/04/2016 [8:00 PM PST]: Prevention of Electronic Crimes Act, 2015 Bill as on 17.SEPTEMBER.2015**

**UPDATE-3  26/05/2016 [10:19 AM PST]: Prevention of Electronic Crimes Act, 2015 Bill as approved by National Assembly and presented in Senate**

**UPDATE-4  11/08/2016 [5:06 PM PST]: Prevention of Electronic Crimes Act, 2016 Bill as approved by National Assembly and Senate Standing Committee – Final Approved**

How to Report via ProPakistani.pk.

With Cyber Crime Bill getting all mandatory approvals from lower and upper houses, cyber crimes in Pakistan are not going to go unchecked anymore.

If your Facebook page is hacked, or if someone has posted your pictures without your consent, or even if you think someone is spreading hatred online, you can simply go ahead and report such cyber crimes to NR3C to get relief that’s mandated by law now.

Reporting cyber crimes in Pakistan is very simple and easy. But before we go ahead and explain the process, here are cyber crimes that you can report to cyber crime wing of FIA.

Types of Cyber Crime You Can Report

Here are some of the offenses that come under cyber crime:

  • If someone has made a fake FB ID or Twitter ID with your name
  • If someone has posted your images without your consent
  • If someone is spreading racial or ethnic hatred
  • If someone has hacked your Facebook/Email ID
  • If someone has gained un-authorized access to your laptop, phone (Physical Information system, digital data, personal Identity)
  • If someone is defaming you on social media and you think he/she’s wrong in claims he/she is making
  • Online Fund Transfer Fraud through bank, ATM, Easypaisa, U-paisa, Time pay or any other online fund transfer facility
  • If your website is hacked by someone

How to Report Cyber Crimes

If you a victim or any above-mentioned offenses, then you can go ahead and follow below instructions to register a cyber crime in Pakistan

  • Register Complaint Against Cyber Crimes by filling form online: Go to this URL and submit your application online: http://www.nr3c.gov.pk/creport.php
  • Register Complaint Against Cyber Crimes with Email: Write an application with all possible details and your complete credentials (Name, Address, CNIC, and Contact No.) and email it to this email-address: helpdesk@nr3c.gov.pk
  • Register Complaint Against Cyber Crimes by writing hard-copy application: Write an application with all possible details and your complete credentials (Name, Address, CNIC, and Contact No.) and send the application to this address:
    • Director NR3C-FIA,
    • National Police Foundation Building,
    • 2nd Floor, Mauve Area, G-10/4,
    • Islamabad
  • Registering Complaint by Walking to NR3C Regional office: Simply visit any of the regional offices of NR3C (addresses given below) and register your complaint in person

Below are the contact details of regional offices

  • NR3C LAHORE
    • 4th Floor, FIA Building, 1st Temple Road,
    • Lahore, Punjab.
    • PHONE +92 42 99203047 – 48
    • FAX +92 42 37323041
  • NR3C KARACHI
    • 1st Floor ,FIA Building (Near Darul Sehat Hospital),
    • Block 14,Gulistan-e-Johar
    • Karachi.
    • PHONE +92 21-99249650
    • FAX +92 21-99249651
    • PABAX +92 21-99249652
  • NR3C PESHAWAR
    • Opposite RMI Hospital, Phase-5,
    • Hayatabad, Peshawar
    • PHONE +92 91 9217109
  • NR3C RAWALPINDI
    • Al-Zahir Plaza, New Iqbal Town,
    • Express Way, Islamabad.
    • PHONE +92 51 2612280
  • NR3C QUETTA
    • NR3C/FIA, Banglaw No. 410/180 near City School Opposite Crescent Public School,
    • City School Road Jinnah Town
    • Quetta
    • PHONE +92 81 2870057

How to Write a Complaint Against a Cyber Crime?

You can write your complain in plain English/Urdu with maximum possible details about the offense. You can attach any evidence, such as email printouts (screen-grabs) and any possible detail to help the officials understand your case better.

You can also mention (nominate) anyone with their phone/address details.

How Effective is it to Complain with NR3C

With cyber crime bill passed, NR3C is a lot more resourceful now. They have official contacts with ISPs, mobile phone companies, Facebook, Twitter and so on to get your complaint resolved.

It is to be noted that the process time of your application may be up to a few weeks, depending on type of your complaint. If you submit it in proper fashion alongside proof and needed documentation,  your complaint can get resolved with ease.

How to Get Update on Complaints:

You can email (helpdesk@nr3c.gov.pk) or contact them on 051-9106384 or mobile no: 03366006060 for any queries against your complaint and updates.

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2 thoughts on “Cyber Law – Pakistan

  1. Pingback: Cyber Law – Pakistan — GenialMalik | harrysonchitapu

  2. Pingback: سائبر کرائم بل.. ہاں یا نہیں | batain

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