Cyber crime law in pakistan

Do you know what cyber crime is?
Cybercrime, also called
computer crime, is any illegal
activity that involves a
computer or network-
connected device, such as a
mobile phone.

•perpetrating the "biggest
military and NASA
computer hack of all time
(2002)
•“Your security is crap”
•Shut down 2000 military
computers for 24 hours.
•Loss of 700,000 USD
•10 years jail sentence
"US foreign policy is akin to Government-sponsored terrorism these
days … It was not a mistake that there was a huge security stand
down on September 11 last year … I am SOLO. I will continue to
disrupt at the highest levels … ” GARY McKinnon

•Black Hat hacker group, gained
credentials for hacking into Sony,
News International, CIA, FBI,
Scotland Yard, and several
noteworthy accounts.
LulzSec

•Hacked Yahoo!,
Microsoft, Google and
The New York Times.
•American Threat Analyst

•Hacking numerous
American banks and
stealing 280 Billion USD.
•SpyEye, trojans

Categories of Cyber Crime
crimes in which the computing
device is the target, for example,
to gain network access.
crimes in which the computer is
used as a weapon, for example, to
launch a denial of service (DoS)
attack.
crimes in which the computer is
used as an accessory to a crime,
for example, using a computer to
store illegally-obtained data.

Cyber Crime Law in Pakistan
Not to mention, the examples
or scenarios discussed along
side the offenses are only for
references and may not be
taken into consideration for
legal matters. These examples
are shared after consultation
with legal officials, however,
they can be flawed.

Spreading False Information about an Individual: up to
3 Years in Prison or up to Rs. 1 Million in Fine or both
Whoever intentionally and publicly
displays any information through
any information system, which he
knows to be false and intimidates
or harms the reputation or privacy
of a natural person, shall be
punished with imprisonment for a
term which may extend to three
years or with fine which may
extend to one million rupees or
with both:
Example:
You know that an information is wrong and you still post or share it on Facebook
about a person that damages his/her reputation

Making / Spreading Explicit Images or Videos of an
Individual: up to 5 Years in Prison or up to Rs. 5 Million
in Fine or both
Whoever intentionally and publicly exhibits or
displays or transmits any information which.
• Superimposes a photograph of the face of a natural
person over any sexually explicit image or video
• Includes a photograph or a video of a natural person in
sexually explicit conduct
Through an information system to harm a natural
person or his reputation or to take revenge, or to
create hatred or to blackmail, shall be punished with
imprisonment for a term which may extend to five
years or with line which may extend to five million
rupees or with both.
Examples:
• You Photoshop an Image of a person in a manner that face is used along side a nude body
• You make an sexually explicit video or images of someone in private
• You broadcast / post such video or images on Facebook or through any other medium (such as
Whatsapp)
• You use any explicit video to blackmail someone

Making / Spreading Explicit Images or Videos of
Minor: up to 7 Years in Prison or up to Rs. 5
Million in Fine or both
Whoever intentionally and publicly exhibits or
displays or transmits any information which:
• Superimposes a photograph of the face of a
minor over any sexually explicit image or video
•Includes a photograph or a video of a
minor in sexually explicit conduct,
through an information system to harm a
minor or his/her reputation or to take revenge or
to create hatred or to blackmail, shall be
punished with imprisonment for a term which
may extend to seven years or with line which may
extend to five million rupees or with both.
Example:
• You Photoshop an Image of kid in a manner that face is used along side an explicit body
• You make an sexually explicit video or images of minor
• You broadcast / post video or images of a minor on Facebook or through any other medium (such
as Whatsapp)
• You use any explicit video to blackmail a minor

Cyber stalking: Up to 3 Years in Jail or Up to Rs.
1 Million in Fine or both
If you try to get into a relation with
someone online through internet
website, email, SMS, phone or any
communication tool despite there is
disinterest from the other party then
you can be jailed for three years or
imposed a fine which may extend to
one million rupees or with both.
Examples:
• You repeatedly call someone, despite the other party asks you to not to
• You send emails with no interest shown by the other party
• You do something in a manner that other party is harassed out of your actions
If you call, chat with someone and other party has no issues with that then its all cool, nothing to worry
about.

Hacking Email / phone for Stalking: Up to 3 Years in Jail
or Up to Rs. 1 Million in Fine or both
If someone monitor a person
through mail, text message or any
other form of electronic
communication then you can be
jailed for up to three years and a
fine of Rs. 1 Million or both
Example:
• You hack someone with intent to a relation that you
are in or may make and then monitors the email, this
could land you in jail for up to three years

Making Videos/Pics and Distributing without
Consent: Up to 3 Years in Jail or Up to Rs. 1 Million in
Fine or both
You take a photograph or make a
video of any person and displays or
distributes it without his/her consent
in a manner that harms a person then
you can go behind bars for up to three
years and may have to bear a fine of
up to Rs. 1 million or both
Example:
• You take picture or video of someone and then posts in online to damage
the other party
Note: if you take pictures, videos and they are harmless or distribute it with the consent of other party
then its all good

Hate speech: Up to 7 Years in Prison or fine or both
Whoever prepares or
distributes information, through
any information system or device
that triggers inter-faith, sectarian
or racial hatred, shall be punished
with imprisonment for a term
which may extend to seven years
or with fine or with both.
Example:
• You post messages on Facebook that can trigger inter-faith or sectarian avoidance
• You write a blog that triggers ethnic hatred

“There's no room for hate and
violence in this world. We must learn
to be more kind, compassionate,
empathetic, and sympathetic to
humanity.”
Hate speech is not an only hate speech, its
consequences are beyond your thoughts

Spamming: Three Months of Prison or Fine up to Rs. 5
Million or Both
Anyone (an individual or an
organization) can be fined with up
to Rs. 50,000 for the first and
three months of jail if they:
•Send spam emails/SMS without
permission of receiver
•Send emails without unsubscribe
options
•Send emails with
• harmful fraudulent emails
• misleading email
• illegal email

Spoofing: Up to 3 Years in Jail or Fine up to Rs. 500,00
or both
Whoever with dishonest intention
establishes a website or sends any
information with a counterfeit
source intended to be believed by
the recipient or visitor of the
website to he an authentic source
commits spoofing.

Malicious Code: Up to 2 Years in Jail or up to Rs. 1
Million in Fine or Both
Whoever writes, offers, makes
available, distributes or transmits
malicious code with intent to cause
harm to any information system or
data resulting in the corruption,
destruction, alteration suppression,
theft or loss of the 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
with both.
Example:
• You write a virus
• You write a code that can be used to destruct a hard drive
• You develop a mobile app to spy someone

Unauthorized Access to Information System or Data:
up to 3 Months Prison or up to Rs. 50,000 Fine or both
Law says that if you access any
information system or data with
dishonest intents then you can go to
jail for up to three months or be liable
to pay a fine up to Rs. 50,000 or both.
Example:
• Access to Information System means: Gaining access, control or ability to
use any part or whole of an system that could be a laptop, mobile phone,
tablet, or any other kind of computer system
• Access to Data: Gaining access, control or ability to use any data or traffic
data, i.e. an email, SMS, fax, print out, or any kind of computer data.

Unauthorized copying or transmission of Data:up to 6
Months Prison or up to Rs. 100,000 Fine or both
Whoever with dishonest intention and
without authorization copies or
otherwise transmits or causes to be
transmitted any 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.
Example:
• If you copies data of someone else’s flash drive
• If you gain access to someone’s phone and copy a mobile number
• If you forward someone’s SMS to unintended people
• You hack a website and copy its data

Interference with information system or data: up to 2
years prison or up to Rs. 50,000 fine or both
interferes with or damages any part or
whole of an information system or
data shall be punished with
imprisonment which may extend to
two years or with fine which may
extend to five hundred thousand
Example:
• You hack a website and delete the content of the server
• You gain access to someone’s mobile and delete its number
• You gain access to someone’s Facebook account and delete it, partly or
wholly
• You gain access to someone’s Facebook account and post an update from
his/her account

Unauthorized access to critical infrastructure
information system or data: Up to 3 Years Prison or up
to Rs. 1 Million Fine or both
gains unauthorized access to any
critical infrastructure information
system or data shall be punished with
three years or with fine which may
extend to one million rupees or with
both.
Example:
• You hack NADRA’s database and get an authorized access
• You hack and intercept a fiber optic cable
• You hack government of Pakistan’s website that’s maybe
offering healthcare services
• You hack and get access to Pakistan Stock Exchange

Interference with critical infrastructure information
system or data: up to 7 Years Prison or up to Rs. 10
Million Fine or both
interferes with or damages any part
or whole of a critical information
system, or data shall be punished with
seven years or with fine which may
extend to ten million rupees or with
both.
Example:
• You hack NADRA’s database and delete everything
• You hack and intercept a fiber optic cable and start transmitting it to
someone
• You hack in to Pakistan Army’s servers and copy the data and then delete it
from the server

Glorification of an offence: up to 7 Years Prison or up
to Rs. 10 Million Fine or both
Whoever prepares or
spreads information through any
information system or device with
the intent to glorify an offence
relating to terrorism, or any person
convicted of a crime relating to
terrorism, or activities of prescribed
organizations or individuals or
groups shall be punished with
extend to seven years or with fine
which may extend to ten million
Example:
• You post on Facebook about Talibaan and say that they are good people
• You SMS someone and say that Al-Qaida people will go to heaven

Cyber terrorism: Up to 14 Years in Prison or up to Rs.
50 Million fine or both
Whoever accesses, copies or
destroys any critical information
system with an intent to 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 can be punished
with imprisonment of either
description for a term which may
extend to 14 years or that fine which
may be extended to 50 million
• You gain access to back-end system of
a TV channel and start broadcasting a
message that may create panic
• You gain access to back-end of a
mobile company and start
broadcasting a message that may
trigger fear

Online Recruitment, Funding of Terrorism: Up to
7 Years in Prison or fine or both
Whoever prepares or
distributes information, through any
information system or device that
invites or motivates to fund, or
recruits people for terrorism or plans
for terrorism shall be punished with
extend to seven years or with fine or
with both.
Example:
• You run a Facebook group and encourage people to fund TTP
• You run a WhatsApp group and plan a terror attack

Unauthorized issuance of SIM cards etc: Up to 3 Years
in Prison or Up to Rs. 500,000 in fine or both
Whoever sells or otherwise provide
SIM card without obtaining and
verification of the subscriber’s
details in a manner that’s not allowed
by PTA, will be punished with
extend to three years with or with fine
which may extend to five hundred
thousand rupees or with both.
Example:
• You sell SIM cards without verifying data
• You provide a SIM card to someone else for usage, even temporarily

Tampering of communication equipment: Up to 3
Years in Prison or Up to Rs. 1 Million in fine or both
Whoever unlawfully or without
authorization changes,
alters, tampers with or re-programs
any communication equipment
including a cellular or wireless
handset and starts using or
marketing such device for
transmitting and receiving
information shall be shall be
punished with imprisonment which
may extend to three years or with
fine which may extend to one
million rupees or with both.
Example:
• You install a spy mobile app that can record calls and SMS and is able to
send this data in email to you or someone else

Intellectual Property
One of the prominent crimes to
rise with the Internet is piracy, or
violations of intellectual property
laws. This includes making copies
of copyrighted items and selling
them or giving them away. Items
typically pirated online include
movies, music and books. The
punishment varies for the type of
crime, but efforts to formalize
piracy laws in the music industry
have created a standard of a
possible $250,000 fine or five years
in jail, along with a felony
conviction, for copying music.

Data Theft and Illegal Access
Data theft and illegal access to
computer systems often go together
and can come in two primary
distinctions. The first is typically in
the form of illegal access and theft
from people or businesses, while the
other is gaining access to computers
and information from government
computers. These crimes can result
in jail sentences as short as a year
and up to 20 years for multiple
offenses.

Children
Child protection laws typically involve
child privacy and protection from
exploitation. The Children's Online
Protection and Privacy act requires that
public places with computers that
children can access, such as schools,
must provide ways to filter
objectionable content while providing
privacy for the children using the
computers. The exploitation of
children through such items as
pornographic images or videos can
result in up to 30 years imprisonment
for a single offense or more than 35
years for repeated offenses.

Fraud
Fraud can occur online when a party or
individual attempts to coerce another
party to give up personal information or
money through false pretenses. These
crimes carry a punishment that varies
due to the severity of the fraud. Other
types of fraud include identity theft,
where an individual uses the information
of another individual, such as Social
Security numbers, mailing addresses or
bank accounts, to pass as that individual
for the purpose of making purchases or
stealing further information. Identity
theft statutes typically fall under state
jurisdiction, and different states carry
different penalties for the crime.

Section 66A – Punishment for sending offensive
messages through communication service
Relevant Case #2: Bomb Hoax mail In
2009, a 15-year-old Bangalore teenager
was arrested by the cyber crime
investigation cell (CCIC) of the city crime
branch for allegedly sending a hoax e-mail
to a private news channel. In the e-mail,
he claimed to have planted five bombs in
Mumbai, challenging the police to find
them before it was too late. At around
1p.m. on May 25, the news channel
received an e-mail that read: “I have
planted five bombs in Mumbai; you have
two hours to find it.” The police, who were
alerted immediately, traced the Internet
Protocol (IP) address to Vijay Nagar in
Bangalore. The Internet service provider
for the account was BSNL, said officials.

Section 66E – Punishment for violation of
privacy
Relevant Cases:
Jawaharlal Nehru University MMS scandal In a
severe shock to the prestigious and renowned
institute – Jawaharlal Nehru University, a
pornographic MMS clip was apparently made in
the campus and transmitted outside the
university.Some media reports claimed that the
two accused students initially tried to extort
money from the girl in the video but when they
failed the culprits put the video out on mobile
phones, on the internet and even sold it as a CD in
the blue film market.
Nagpur Congress leader’s son MMS scandal On
January 05, 2012 Nagpur Police arrested two
engineering students, one of them a son of a
Congress leader, for harassing a 16-year-old girl by
circulating an MMS clip of their sexual acts.
According to the Nagpur (rural) police, the girl was
in a relationship with Mithilesh Gajbhiye, 19, son
of Yashodha Dhanraj Gajbhiye, a zila parishad
member and an influential Congress leader of
Saoner region in Nagpur district.

Section 67 – Punishment for publishing or
transmitting obscene material in electronic form
Relevant Case:This case is about posting obscene,
defamatory and annoying message about a divorcee
woman in the Yahoo message group. E-mails were
forwarded to the victim for information by the accused
through a false e- mail account opened by him in the
name of the victim. These postings resulted in annoying
phone calls to the lady. Based on the lady’s complaint,
the police nabbed the accused. Investigation revealed
that he was a known family friend of the victim and was
interested in marrying her. She was married to another
person, but that marriage ended in divorce and the
accused started contacting her once again. On her
reluctance to marry him he started harassing her
through internet.
Verdict: The accused was found guilty of offences under
section 469, 509 IPC and 67 of IT Act 2000. He is
convicted and sentenced for the offence as follows:
• As per 469 of IPC he has to undergo rigorous imprisonment for 2 years and to pay fine of Rs.500/-
• As per 509 of IPC he is to undergo to undergo 1 year Simple imprisonment and to pay Rs 500/-
• As per Section 67 of IT Act 2000, he has to undergo for 2 years and to pay fine of Rs.4000/-

Harassment via fake public profile on social
networking site
A fake profile of a person is created
on a social networking site with the
correct address, residential
information or contact details but
he/she is labelled as ‘prostitute’ or a
person of ‘loose character’. This
leads to harassment of the
victim.Provisions Applicable:-
Sections 66A, 67 of IT Act and
Section 509 of the Indian Penal Code.

Online Hate Community
Online hate community is created
inciting a religious group to act or
pass objectionable remarks against a
country, national figures
etc.Provisions Applicable: Section
66A of IT Act and 153A & 153B of
the Indian Penal Code.

Email Account Hacking
If victim’s email account is
hacked and obscene emails
are sent to people in victim’s
address book.Provisions
Applicable:- Sections 43, 66,
66A, 66C, 67, 67A and 67B of
IT Act.

Cyber crime law in pakistan

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