Cyber Crime & Digital Security Act Bangladesh: Legal Guide

Bangladesh has developed its cyber law framework over multiple legislative stages:

• Information and Communication Technology (ICT) Act 2006 (amended 2013): The original cyber law, now partially superseded but still in force for some offences.
• Digital Security Act 2018 (DSA): Replaced key sections of the ICT Act and established the Digital Security Agency. The DSA attracted significant international criticism over freedom of expression concerns.
• Cyber Security Act 2023 (CSA): Enacted in late 2023, the CSA replaced the DSA, reducing some maximum sentences and adjusting certain offences — though the core structure remains similar.

Bangladesh also has provisions in the Penal Code 1860, the Pornography Control Act 2012, and the Money Laundering Prevention Act that cover cyber-related crimes. A criminal lawyer in Dhaka experienced in digital law can guide you through the applicable statute.

The DSA (and now the CSA) covers a wide range of digital offences:

• Illegal access to computer systems (hacking): Unauthorised access to another's computer, server, or network — punishable by up to 7 years imprisonment.
• Identity theft and digital fraud: Using someone's digital identity to commit fraud — up to 5 years imprisonment.
• Publishing obscene or pornographic content: Especially material involving minors — severe penalties apply.
• Online defamation: Publishing false information damaging someone's reputation online — up to 3 years (under CSA 2023).
• Spreading false information harmful to the state or public order.
• Cyber terrorism: Using digital means to threaten or attack critical infrastructure — up to 14 years imprisonment or life imprisonment in the most serious cases.
• Electronic financial fraud: Misappropriating funds through electronic means.

Each offence has specific elements that must be proven. Not all online disputes constitute criminal cyber offences — a careful legal assessment is essential.

Several cyber-related offences are still prosecutable under the older ICT Act 2006 or the Penal Code 1860:

• Section 57 ICT Act (2006/2013): Although repealed, cases filed under Section 57 before the DSA's commencement continue to be tried. Section 57 criminalised publication of "offensive," "false," or "obscene" content online.
• Cheating by personation (Section 419 Penal Code): Creating a fake social media profile to impersonate someone.
• Extortion (Section 383 Penal Code): Threatening to publish embarrassing content unless money is paid (sextortion, revenge porn threats).
• Electronic financial transactions fraud: Mobile banking fraud (bKash, Nagad scams) may attract prosecution under both cyber law and financial regulations.

A person can be charged under Bangladesh cyber law even if:

• They reside outside Bangladesh, if the offence affects a person or entity in Bangladesh
• They use a foreign server, VPN, or disguised identity — technical investigation can often trace the origin
• They are a company — corporate entities can also be charged

Cases are investigated by the Police Cyber Support for Women (PCSW) (for gender-based cyber abuse), the Cyber Crime Division of the Detective Branch (DB) in Dhaka, and specialised units in the Criminal Investigation Department (CID). Cases are tried in Cyber Tribunals established at divisional level.

If you are accused in a cyber case in Bangladesh, you have the following rights:

• The right to be informed of the specific offence and section charged
• The right to legal representation from the moment of arrest
• The right to apply for bail (though cyber offences under the DSA/CSA are largely non-bailable — bail must be sought from the Sessions Court or High Court)
• The right to challenge the investigation and evidence in court
• The right to present a defence, including challenging digital evidence on technical grounds

Digital evidence is often challenged on grounds of tampering, improper collection, or lack of a proper chain of custody. An experienced criminal lawyer in Dhaka can raise these technical defences.

If you are a victim of a cyber crime in Bangladesh, you can:

1. File a General Diary (GD) at your local police station, describing the offence and providing any evidence you have.
2. Contact the Cyber Support for Women (PCSW): For harassment, cyberbullying, or non-consensual sharing of intimate images — call the hotline or visit the web portal.
3. File an FIR directly at the Cyber Crime Division: The detective branch's cyber crime unit in Dhaka accepts complaints directly for serious cases.
4. Apply to the Cyber Tribunal: In some cases, a direct complaint to the Cyber Tribunal is possible.

Preserve all evidence — screenshots (with timestamps), URLs, email headers, transaction records, and any communications from the perpetrator. Evidence that is not preserved early is often lost.

Most serious offences under the DSA/CSA are non-bailable, meaning bail cannot be obtained as of right from the Magistrate Court. Instead, bail applications must be made to the:

• Sessions Court (Cyber Tribunal or District Sessions Judge)
• High Court Division if the Sessions Court refuses

Police can arrest without a warrant for cognisable cyber offences and must produce the accused before a Magistrate within 24 hours. Remand (police custody for investigation) is commonly sought in cyber cases — an accused has the right to resist unnecessary remand through their lawyer. If you or a family member has been arrested in a cyber case, contact a bail lawyer in Dhaka immediately.

Whether you are the victim or the accused in a cyber case, legal representation is essential:

• For victims: A lawyer can help you file an effective complaint, preserve evidence properly, and pursue both criminal and civil remedies simultaneously.
• For the accused: A lawyer can challenge the FIR, obtain bail, scrutinise the legality of the digital evidence, and build a defence on technical and legal grounds.
• For businesses: A lawyer can advise on cyber compliance, data protection obligations, and response to regulatory investigations.

Advocate Md. Shah Alam's team handles criminal defence matters including cyber crime cases at all levels of the Bangladesh judiciary. Contact us for a confidential consultation.

It was effectively replaced by the Cyber Security Act 2023. However, cases filed under the DSA before the CSA's commencement continue to be tried under the DSA.

Unauthorised access to a computer system (hacking) carries imprisonment up to 7 years and/or a fine under the Digital Security Act / Cyber Security Act 2023.

Yes. Publishing content on Facebook or other social media that violates the Cyber Security Act (defamation, false information, obscenity, etc.) can result in a criminal case.

Identity theft and impersonation online are criminal offences under both the Cyber Security Act and the Penal Code. File a complaint with the cyber crime unit or a GD at your police station.

Most serious cyber offences under the DSA/CSA are non-bailable. Bail must be sought from the Sessions Court or High Court Division, not the Magistrate.

You can contact the Police Cyber Support for Women (for women and children), the cyber crime division of the detective branch, or file a GD at your local police station. A lawyer can help draft an effective complaint.

You have the right to challenge the FIR, seek bail, and contest the digital evidence in court. Contact an experienced criminal lawyer in Dhaka immediately after arrest or upon receiving legal notice.

Yes. Companies and their directors can face liability under the Cyber Security Act for offences committed using company resources or systems.