Amended bill of New Cyber Crim 2016



  • NEW CYBER CRIME BILL PAKISTAN 2016 AMENDED ELECTRONIC CRIME ACT 2015
    OFFENCES AND PUNISHMENTS

    1. Unauthorized access to information system or data.- 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.
    2. Unauthorized copying or transmission of data.– Whoever with malicious intent
      and without authorization copies or otherwise transmits or causes to be transmittedany 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 rupess or with both.
    3. 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.
    4. Criminal Interference with information system or data.- Whoever with malicious intent and without authorization interferes with or damages or causes to be interfered with or damaged any information system or any part thereof, or data or any part thereof, shall be punished with imprisonment which may extend to two years or
      with fine which may extend to five hundred thousand rupees or with both.Explanation: Interference refers to doing of any unauthorized act in relation to aninformation system or data that may disturb normal working of such informationsystem with or without causing any actual damage to such information system.
    5. 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 partthereof, 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.
    6. Cyber terrorism. –Whoever commits or threatens to commit any of the offences under sections 5 and 7 where-(a) 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 (b) 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.
    7. 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.
    8. 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 extent to two years or with fine which may extend to ten million rupees, or with both.
    9. 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.
    10. 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.
    11. 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.
    12. Tempering etc. of communication equipment.- Whoever changes, alters,tampers with or re-programs unique device identifier or international mobile stationequipment 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.
      Download Here Complete Copy Of Pakistan Electronic Crime Act 2015
      Hacking a Government Website Can Get you Behind the Bars for 14 Years and/or Rs. 50 Million Fine.
      Immediate comments from lawyers forum:
      Prevention of Electronic Crimes Act 2016
      The purpose of this Act, which is to control the increasing “Cyber Crimes in Pakistan” and control the offences related with information systems. It is also known as Cyber Crimes Bill 2016. It provides mechanisms for the investigation, prosecution and trial of electronic crimes. It is Federal law and hence it extends to whole of Pakistan. The act was basically drafted in 2015 but it became controversial after its introduction. There are many clauses in this Act which are considered as restrictions on the freedom of people especially freedom of expression and freedom of speech.
      In this Act activities such as sending text messages without the receiver’s consent or criticizing Government actions on Social Media are penalized with heavy fines and imprisonment in jail. Similarly in this Act, online criticism of religion, country, Courts of Pakistan, Armed forces of Pakistan and other institutions of Pakistan are also punished with fine and imprisonment.
      People from different walks of life criticized this Act because Government can use it as tools to punish its opponents. Criticism in Social Media also has positive effects because it can highlight many important issues. But this bill bars any sort of criticism on social media. In nutshell Cyber Crimes Act 2016 (Prevention of Electronic Crimes Act 2016) is a controversial piece of legislation.


  • Immediate concensus opined summary on Cyber Crimes Bill 2016.
    This is only opinionated cautions that I have copy/pasted from http://www.mangobaaz.com/cyber-crimes-bill-or-human-rights-violation/. There may be flaw in the blogger’s opinions there may not:

    1. You can’t post Nawaz Sharif memes without taking permission any more
    2. You can’t share “vulgar” videos on Facebook for a laugh, anymore
    3. You can’t talk about sex, reproduction or biological functions anymore because someone can think of those as vulgar.
    4. You can’t send a message to that girl you have a crush on and you worked so hard to get the number of, to tell her your “dil ki baat”.
    5. You can’t spew your anti-Ahmedi venom any more
    6. You can’t become Pakistan’s Wikileaks or worse…..Panamaleaks
    7. You can’t privately watch porn without the government spying on you.
    8. You can’t enjoy the Tweets of parody accounts anymore
    9. You can’t keep anything private if the “investigators” under the law deem your devices important for their purposes.
    10. You can’t use a SIM card without proper attribution to you
    11. You can’t do anything that the government thinks is against the glory of Islam.
    12. You can’t do anything that the government decides is against their “friendly relations” with foreign countries.
    13. Hopefully you can’t take the money you earn from Pakistan and transfer it electronically in someone else’ name to offshore accounts.