The document summarizes cyber crime laws in Pakistan. It outlines several key laws related to cyber crimes, electronic transactions, telecommunications, and electronic fund transfers. The primary law is the Prevention of Electronic Crimes Ordinance of 2007, which defines various cyber crimes and corresponding penalties. The laws aim to address online criminal activities and regulate electronic transactions, telecommunications systems, and payment systems in Pakistan.

1. Prevailing Laws
related to Cyber Security and Digital or
Electronic Crime of Pakistan.

2. A Brief Round Up of Cyber Crime Law In Pakistan
• Cyber crime is a crime in which criminal activities are carried out by means of
computers or the internet.
• Cyber crime has been talked about a lot ever since the law was passed by
Parliament on September 21, 2016.
• The law on cyber crime is a relatively new one in the Pakistani legal system and
most of it has been derived from laws being practiced in other countries.
• Since cyber crime is different from street crime, the laws and policies drafted by
law enforcement agencies, precautions taken by citizens, especially young girls
and boys (such as not disclosing passwords, emails or barcodes with personal
information, or opening suspicious links, etc.), and educational and awareness
campaigns on cyber crime must also be synchronized and updated accordingly to
combat the causes of this curse.

3. Domestic Cyber Crime Laws of Pakistan
1. Prevention of Electronic Crimes Ordinance, 2007
2. Electronic Transactions Ordinance, 2002
3. Pakistan Telecommunication (Re-Organization) Act, 1996
4. Wireless Telegraphy Act, 1933
5. Telegraph Act, 1885
6. Federal Investigation Agency Act, 1974
7. Payments & Electronic Fund Transfers Act, 2007

4. Prevention of Electronic Crimes Ordinance, 2007
OFFENCES IMPRISONMENT FINE
Criminal access up-to 2 years Rs. 100000
Criminal data access up-to 3 years undefined
Data damage up-to 3 years undefined
System damage up-to 3 years undefined
Electronic fraud up-to 7 years undefined
Electronic forgery up-to 7 years undefined
Misuse of encryption up-to 5 years undefined
Malicious code up-to 5 years undefined
Cyber Stalking 7 to 10 years Rs. 100000
Cyber terrorism 10 years to death or imprisonment for life Rs. 10 million
Spamming up-to 3 months undefined
Spoofing up-to 3 years undefined

5. Electronic Transactions Ordinance, 2002
1. The law states that no document, record, information communication or
transaction will be denied legal recognition, admissibility, validity, proof or
enforceability on the ground that it is in electronic form and has not been attested
by any witness.
2. The law also provides legal recognition to electronic signatures. It says that “the
requirement under any law for affixation of signatures shall be deemed satisfied
where electronic signatures or advanced electronic signatures are applied.”
3. The law provides for the establishment of an electronic certification accreditation
council within 60 days of the promulgation of the ordinance.
4. No electronic document would require attestation and notarization for a period of
two years from the date of commencement of this ordinance or the time
appropriate authority devised and implement measures for attestation and
notarization of electronic documents, which is later.

6. Pakistan Telecommunication (Re-Organization) Act, 1996
• Telecommunication (Re-Organization) Act no XVII was promulgated in 1996 that
aimed to reorganize the telecom sector of Pakistan.
• Under Telecom Reorganization Act 1996, Pakistan Telecommunication Authority
(PTA) was established in January 1997 to regulate the establishment, operation
and maintenance of telecommunication systems, and the provision of telecom
services in Pakistan.
• The Authority shall exercise all powers-grant and renew licenses for any
telecommunication system, establish or modify accounting procedure for licenses,
carry out inspections of telecommunication equipment, provide guidelines for, and
determine, the terms of inter-connection arrangements, develop national
telecommunication numbering plans and prescribe standards for
telecommunication equipment-as shall enable it to effectively perform its functions.

7. Wireless Telegraphy Act, 1933
• The main objective of the Indian Wireless Telegraphy Act, 1933 is ‘to regulate the
possession of wireless telegraphy apparatus’. One of the major sources of
revenue for the Indian State Broadcasting Service was revenue from the license
fee from working of wireless apparatus under the Indian Telegraph Act, 1885.
• The extent of the Act, definitions and key concepts are covered under sections 1
and 2 of the Act. Section 3 prohibits any person from possessing a ‘wireless
telegraphy apparatus’ without a license.
• Presently the Act is used to prosecute cases, related to illegal possession and
transmission via satellite phones. Any person who wishes to use satellite phones
for communication purposes has to get license from the Department of
Telecommunications. Recently foreign tourists were charged under this Act for
illegal possession of satellite phones.

8. Telegraph Act, 1885
• The main object of the Telegraph Act was to give power to the Government to
install telegraph lines on private as well as public property.
• The Act contains six parts.
• Part I deals with definitions of key words used in the Telegraph Act.
• Part II grants government the exclusive privilege with respect to telegraph and gives power
to the issue license to private operators to offer telegraph services.
• Part IIA (inserted in 2003) deals with setting up of the Universal Service Obligation Fund
(USOF) for the purpose of meeting universal service obligation.
• Part III deals with procedures and guidelines to be followed; for installing and maintaining
communication equipment, setting up communication devices in private property and the
procedure for resolution of any dispute which may arise between the service provider and
the owner of the private property.
• Part IV lays down the offences and penalties with respect to unauthorized use of
communication or telegraph services.
• Part V deals with other supplementary provisions.

9. Federal Investigation Agency Act, 1974
• Federal Investigation Agency was established under FIA Act, 1974 with objective
to deal with Smuggling, Narcotics, Currency offences, Enforcement of Laws
relating to Foreigners, Immigration & Passports and offences having inter-
provincial ramifications.
1. The members of the Agency have throughout Pakistan such powers, including
search, arrest of persons and seizure of property.
2. Any member of the Agency not below the rank of a Sub-Inspector may, for the
purposes of any inquiry or investigation under this Act, exercise any of the
powers of an officer-in-charge of a Police Station in any area in which he is for
the time being and, when so exercising such powers, shall be deemed to be an
officer-in-charge of a Police Station discharging his functions as such within the
limits of his station.

10. Federal Investigation Agency Act, 1974
3. Any member of the Agency not below the rank of Sub-Inspector authorized by
the Director General may arrest without warrant any person who has committed,
or against whom a reasonable suspicion exists that he has committed, any of the
offences referred Act.
4. A member of the Agency conducting an investigation, any property which is the
subject-matter is likely to be removed, transferred or otherwise disposed of
before an order of the appropriate authority for its seizure is obtained, such
member may, by order in writing, direct the owner or any person who is, for the
time being, possession thereof not to remove, transfer or otherwise dispose of
such property in any manner except with the previous permission of that member
and such order shall be subject to any order made by the Court having
jurisdiction in the matter.
5. Any contravention of an order made under sub-section (5) shall be punishable
with rigorous imprisonment for a term which may be extend to one year, or with
fine, or with both.

11. Payments & Electronic Fund Transfers Act, 2007
• The was been proposed to ensure safety, integrity, efficiency and reliability of
payment systems and also prescribed the respective rights and obligations of the
financial institutions, service providers, consumers and other participants of the
systems.
• Under the act, the State Bank may designate a payment system and a payment
instrument as designated system and instrument respectively. Upon such
designation, the operator of the designated payment system is required to institute
adequate governance arrangements, rules, procedures and controls to ensure
continued integrity and reliability of such system and the issuer of the designated
payment instrument shall comply with the specified requirements of the State
Bank.

12. Payments & Electronic Fund Transfers Act, 2007
• A bank, financial institution, clearing house, service provider or any person
authorized by State Bank to transact business under the Act and providing funds
transfer facility is required to retain complete record of electronic transactions in
electronic form and shall ensure secure means of transfer consistent with
international standards.
• The State Bank is empowered under the Act to nominate one or more clearing
house to provide clearing or settlement services for a payment system and to
formulate ‘settlement rules’ relating thereto.
• Under the proposed Act, a financial institution or other operator of a designated
payment system is required to disclose, in the specified manner, the terms and
conditions of EFT to the consumer at the time the consumer contracts for the
same and shall also notify the consumer of any material change in such terms and
conditions.

13. Payments & Electronic Fund Transfers Act, 2007
• ATM operators and other service providers seeking to impose a fee on any
consumer for providing services shall be required by the State Bank to notify the
consumer, in the specified manner, about such fee including the amount thereof
and EFT may be preauthorized by a consumer and also be initiated by means of
truncated cheque.
• The PSEFT Act further requires the financial institution to provide periodic
statement of account to each consumer in respect of each electronically
accessible account.
• The PSEFT Act also lays down the procedures to be followed in case of errors or
omission in EFT and the respective liabilities of the financial institutions and
consumers in such circumstances; and under the PSEFT Act, a consumer may
also complain to the State Bank regarding EFT in case of not being satisfied with
the outcome of a complaint made to financial institution without prejudice to any
right to seek any other remedy under the law.

14. References
• https://pklegal.org/cyber-crime-laws-of-pakistan-information-about-best-cyber-
crime-lawyers/
• https://propakistani.pk/2016/08/05/must-read-list-of-cyber-crimes-and-their-
punishments-in-pakistan/
• https://pklegal.org/cyber-crime-laws-of-pakistan-information-about-best-cyber-
crime-lawyers/
• https://www.slideshare.net/mehmood_taha/cyber-laws-in-
pakistan?from_action=save
• https://www.dawn.com/news/251898
• https://cis-india.org/telecom/resources/indian-telegraph-act
• https://cis-india.org/telecom/resources/indian-wireless-telegraphy-act