I have presented this slide before my course teacher. Now I am publishing this slide for all Students in Bangladesh which may help them for their study.

1. Presented By
Abir Hossain Talukder
LL.B (Hon’s) 5th Semester
Department of law
Bangladesh University of Professionals

2.  Tribunal are the Courts or other adjudicatory
bodies with judicial or quasi-judicial functions
set up either by the constitution or by the
statute and exist outside the usual judicial
hierarchy of the Supreme Court of Bangladesh
but under its control.

3. Government of Bangladesh by gazette notification, for
the purpose of quick and effective trial of the crimes
committed under the ICT ACT – 2006, may
established one or more Cyber Tribunal under Section
68(1) of the Act. This Cyber Tribunal is stated in the
Act as how it will be composed of .
 A Session Judge or
 Additional Session Judge
Appointed by the Government with the consultation of
the High Court Division.

4. Such a judge appointed will be introduced as
“judge” of Cyber Tribunal for the Whole
Bangladesh. As we have only one Cyber Tribunal
which is situated in Dhaka Judge Court and runs
with the matter relating to ICT Act of the whole
Bangladesh. From time to time it will be increased
more. This court runs with the offences which are
committed by the Act.
This Special Tribunal may sit and continue its
procedure on a place at a certain time and
government will dictate all this by its order.

5. According to Section 69(1) of ICT Act, the special
tribunal will not take any case for trial unless there
is a written report by any Police Officer not under
the rank of Sub – Inspector and Approval of the
Controller or such person having the authority
from the controller for the purpose.
This Tribunal shall for the purpose of trial will
follow Chapter 23 >Trial by Court of Session<
under the Code of Criminal Procedure, trial in
session court.

6.  If the Accused person is missing or hiding himself for
which it is not possible to arrest him or there is less
possibility to arrest him earlier, in that case the tribunal;
by its order may ask that person to present in the court by
publishing in two prominent Bangla Newspaper at a
prescribed time and if that person fails to do so, the trial
will held with his absent.
 When the Accused person having bail, after being
present before the tribunal, if he is missing or if he fails
to present in front of the tribunal;, in that case sub –
section 4 of 69 will not be applicable.

7.  In that case that tribunal with absence of that person,
try him registering it’s decision. This tribunal may in
writing give judgment of the absent of that person.
This tribunal also may of its own effort, give the order
to re-investigate any case made under this Act and give
order to submit report in a prescribed time by the
authority to any Police Officer or in case of any
authority from the Controller.

8.  Section 70 of ICT Act – 2006 says the laws of Criminal
Procedure as far as possible, being not contrary to this
Act be applicable to the procedure of the tribunal and
the tribunal will have all the Original Jurisdiction of
the Session Judge.
 The advocate on behalf of the Government shall be
known as the Public Prosecutor who will open the
case.

9.  According to Section 71 of ICT act says –
 It will not bail to ay person accused of under the Act,
unless –
 The Government side is given scope for hearing on
the grounds of bail.
The judge is satisfied that :-
(i) there is enough ground to believe that the accused
might not be proved guilty
(ii) The Crime in prima facie view is not too heavy for
punishment even the crime is proved, will not be hard.

11.  Nasirn filed the ICT case on January 5 with
Mohammadpur police station. She alleged that Sunny
had posted their intimate pictures on social media
without her consent.
 Lastly he got relief on bail from the case by the
Tribunal.

12.  Section – 72(1) of the Act, said the tribunal should finish
examination of witness or evidence or hearing. whichever
occurs later, will give judgment within ten days if he does
not extend the time not more than ten days with written
reasons for that.
 When any judgment is given under sub-sec (1) of the
section or if any appeal to the cyber appeal tribunal is made
against the Judgment then the copy of the appeal judgment
will be sent to the Controller by the Cyber Tribunal or
Appellate Tribunal to reserve it according to Section 18(7)
of the Act. After sending the copy, the Controller will take
proper Action with proper process.

13.  Section 73 of the Act says, any case under this tribunal
shall from the filing of the case shall be pronounced its
judgment within SIX MONTHS.
 If Fails then - a Written Statement by stating with
the proper reason time shall be increased for three
months.
 If fails to conclude within that time then the judge has
to submit a paper to High Court and the Controller
stating the reasons behind the delay.

14.  Section – 74 Says, Unless if the Special Tribunal
formed for the proceeding, then Crimes made under
this act shall be judged under Session Judge.
 In this regard Chapter – 23 of the Code of Criminal
Procedure shall be followed.

15.  Section 76(2) of the ICT Act says, the crimes under this
Act shall be considered as both –
 Cognizable offence (Non – Bail-able )
Sections :- 54 , 56 , 57 & 61 of the Act
 Non – Cognizable Offence (Bail-able)
Sections :- 55, 58, 59, 60, 62, 63, 64 & 65

16.  Section 77 of ICT Act, provides the provision regarding
Confiscation. It says any Computer, Computer System,
floppies, Computer disks, tape drives or any other
accessories related thereto by which any offence has
been committed, shall be liable to confiscation by an
order of the court trying an offence or contravention.
 But above mentioned those will not be taken if those
are used as or any related things of any Government or
registered government official is used then those will
not be confiscated.

17.  Under Section – 80 of the Act says that a Police Officer
not below the rank of an Inspector of Police shall
investigate any offence under this act.
o Enter Public Place
o Search and arrest without warrant
o At the field level do not have an IP who have
knowledge of computer or Internet where many
computer graduates have been requited in the police
department or to qualified IP’s of Police who can deals
with the technology matters.

18.  Our ICT act recognized the polices to arrest without
warrant.
In any Public Place may do so
In any Private Place should be allowed with a letter of
authorization from the concerned unit head.
 Arrest, Investigation, Notice, Search or Confiscation
under this Act shall follow the Code of Criminal
Procedure.

19.  Section 82 – (1) of the act provides that Government
shall by notification in the Official Gazette,
established one or more Appellate Tribunal to be
known as Cyber Appellate Tribunal. It shall be
composed of :-
 A Chairman (appointed by the Government)
 Two Members (appointed by the Government)

20.  Chairman will be a person who was a justice of the
Supreme Court or is continuing his post or capable of
so.
 One Member shall be as an appointed judicial
executive or as a District Judge or he may be retired.
 Another Member will be an expert of Information and
Technology that is prescribed.
 They will runs this post 3 to 5 years as the govt. may
wants.

21.  The Cyber Appellate Tribunal have the power to here
and settle the appeal made against the judgment of
cyber tribunal and session court. They have the
authority of supporting, concealing, changing or
editing the judgment of the cyber tribunal. The
decision of this Appellate Tribunal shall be final.
 If the CAT will not established, then Code of Criminal
Procedure appeal to High Court Division of the
Supreme Court against judgment of Session Judge or
Cyber Tribunal shall be gone.

22.  Though this Cyber Appellate Tribunal does not vested
any Original Jurisdiction, it has been vested with the
powers of a Civil Court in respect of interalia.
Summoning and examination of Witnesses
Requiring production of Documents
Receiving evidence
Issuing Commissions
Reviewing its decisions

23.  Cyber Crime Tribunal has been set – up based on the
ICT act for dealings with this matters but we have only
one Cyber Tribunal situated in Dhaka Judge Court
which is not enough for conducting the cases.
 Officials before the formation said that “the Cyber
Tribunal, the first of its kind in the country, will be
empowered to conclude trials within six months
 For this reason a case now increasing its time from six
months to two years sometimes.

24.  Only 5% conviction rate in cyber crime cases over
5 years – Dhaka Tribune (30 January 2018)
 There have been only 16 successful convictions
across 12 of the 236 cases heard before the tribunal
since its inception in February 2013
 In 129 of the other cyber crime cases, the accused
were cleared of all charges in the final report
submitted before the tribunal by police.
 The tribunal discharged the accused in a further 59
cases without taking charges into cognizance,
while the defendants in 36 cases were acquitted as
the prosecution failed to prove the charges during
the trial.

25.  Experts claimed the main reason the prosecution has
been failing to prove allegations is their lack of
knowledge on Information Communication
Technology (ICT) and negligence.
 sources from among lawyers also alleged that the high
acquittal rate was due to the prosecution being
weak in the handling of cyber crime cases.
 Qazi Zahed Iqbal, a lawyer who has dealt with a
number of cyber crime-related cases, told the Dhaka
Tribune that investigation officers are submitting
faulty probe reports due to their poor knowledge about
ICT

26.  The prosecution lawyers are also not experienced in
dealing with cyber crime cases (and) have some
weakness as this is a new type of offence.
 The prosecution lawyers are not properly producing
witnesses before the court to give testimonies in the
cases
 Now, the criminal investigation department (CID),
Police Bureau of Investigation (PBI) and the cyber
crime unit of Dhaka Metropolitan police (DMP) are
giving training to the investigation officers of the ICT
cases recently.

27.  Since the formation of the Cyber Tribunal
(Bangladesh) in February 2013, more reports of cyber
crimes have surfaced.
 Out of a total of 465 cases, the tribunal received three
cases in 2013, 33 in 2014, 152 in 2015 and 233 in 2016.
We have to set up minimum one Cyber Tribunal in
each Division for reducing the number of cases and
shift those cases to the particular divisions.
We have to established one Cyber Appellate Tribunal
in Bangladesh.
Judges and Lawyers for this tribunal should be trained
for disputing this problem in exact way.