Comparison of the versions of PECB

8/17/2019 Comparison of the versions of PECB

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PECBComparison – April ’15/ Sept ‘15/ April ‘16


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Prevention of Electronic Crimes Bill

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WHEREAS it is expedient to prevent

unauthorized acts with respect toinformation systems and provide forrelated offences as well as mechanisms fortheir investigation, prosecution, trial andinternational cooperation with respectthereof and for matters connectedtherewith or ancillary thereto:

It is hereby enacted as follows:-

April ‘15 September ‘15 April ‘16


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Chapter 1: Preliminary

e)

“authorisation” means authorisation bylaw or the person empowered to makesuch authorisation under the law.

f.

“authorised officer” means an officer

authorised by the investigation agency

to perform any function on behalf of

the investigation agency under this Act;

e. “authorisation” means authorisation by

law or the person empowered to makesuch authorisation under the law :

Provided that where an informationsystem or data is available for openaccess by the general public, access toor transmission of such informationsystem or data shall be deemed to beauthorized for the purposes of this Act;

f. “authorised officer” means an officer

authorised by the investigation agency

to perform any function on behalf of

the investigation agency under this Act;

e. “authorisation” means authorisation by

law or the person empowered to makesuch authorisation under the law :

Provided that where an informationsystem or data is available for openaccess by the general public, access toor transmission of such informationsystem or data shall be deemed to beauthorized for the purposes of thisAct;

f. “authorized officer” means an officerof the investigation agency authorizedto perform any function on behalf ofthe investigation agency by or underthis Act;



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j. “critical infrastructure” includes:

(i)

the infrastructure so vital to the State orother organs of the Constitution such that

its incapacitation disrupts or adversely

affects the national security, economy,

public order, supplies, services, health,

safety or matters incidental or related

thereto or

(ii) any other infrastructure so designated by

the Government as critical infrastructure;

j. “critical infrastructure” includes:

(i)

the infrastructure so vital to the State

or other organs of the Constitution

such that its incapacitation disrupts

or adversely affects the national

security, economy, public order,

supplies, services, health, safety or

matters incidental or related thereto

or

(ii)

any other private or Government

infrastructure so designated by the

Government as critical infrastructure

as per rules prescribed under this

Act;

j. “critical infrastructure” includes__

(i) the infrastructure vital to the

State or other institutions under the

Constitution of the Islamic

Republic of Pakistan whether

physical or virtual such that its

incapacitation disrupts or

adversely affects the national

security, economy, public order,

supplies, services, health, safety or

matters incidental or related

thereto; or

(ii) any other private or

Government infrastructure

designated by the Government as

critical infrastructure as may be

prescribed under this Act;



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-------

r. “information” includes text, message, data,

voice, sound, database, video, signals,

software, computer programs, codes

including object code and source code;

------

r. “information” includes text, message,

data, voice, sound, database, video,

signals, software, computer programs,

any form of intelligence as defined

under the Pakistan Telecommunication

(Re-organization) Act, 1996 and codes

including object code and source

code;

p. “dishonest intention” means intention

to cause injury, wrongful gain orwrongful loss or harm to any person or

to create hatred;

s. “information” includes text, message,

data, voice, sound, database, video,

signals, software, computer

programmes, any forms of

intelligence as defined under the

Pakistan Telecommunication (Re-

organization) Act, 1996 (XVII of

1996) and codes including object code

and source code;



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-------

x. "offence" means an offence punishable

under this Act except when committed by a

person under seven years of age or by a

person above seven years of age and under

twelve, who has not attained sufficient

maturity of understanding to judge the

nature and consequences of his conduct on

that occasion.;

t. “integrity” means, in relation to an

electronic document, electronic

signature or advanced electronicsignature, the electronic document,

electronic signature or advanced

electronic signature that has not been

tampered with, altered or modified

since a particular point in time;

x. "offence" means an offence punishable

under this Act except when committed

by a person under ten

years of age or

by a person above ten years of age and

under thirteen , who has not attained

sufficient maturity of understanding to

judge the nature and consequences of

his conduct on that occasion.;

t. “integrity” means, in relation to an

electronic document, electronicsignature or advanced electronic

signature, the electronic document,

electronic signature or advanced

electronic signature that has not been

tampered with, altered or modified

since a particular point in time;

y. “offence” means an offence

punishable under this Act except when

committed by a person under ten years

of age or by a person above ten years

of age and under fourteen years of

age, who has not attained sufficient

maturity of understanding to judge the

nature and consequences of his

conduct on that occasion;



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y. "service provider" includes a person who:

(iv) provides premises from where orfacilities through which the public in

general may access an information system

and the internet such as cyber cafes;

cc. “unauthorised access” means access to an

information system or data without

authorisation or in violation of the terms

and conditions of the authorisation;

----------

aa. "service provider" includes a person

who:iv. provides premises from where or

facilities through which the public in

general may access the Internet

against payment of charges for the

same;

dd. “unauthorised access”means access to

such information system or data which

is not available for access by general

public, without authorisation or in

violation of the terms and conditions

of the authorisation;

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(zc) "service provider" includes a

person who:iv. provides premises from where

or facilities through which the

public in general may access

the Internet against payment

of charges for the same;

(zc) “unauthorized access” means

access to an information system or data

which is not available for access by

general public, without authorization or

in violation of the terms and conditions

of the authorization;

(zg) “unsolicited information” means

the information which is sent for

commercial and marketing purposes

against explicit rejection of the recipientand does not include marketing

authorized under the law.



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3.

Unless context provides otherwise, anyother expression used in this Act orrules framed thereunder but not definedin the Act, shall have meaningsassigned to the expression in thePakistan Penal Code, 1860 (XLV of1860), the Code of Criminal Procedure,1898 (V of 1898) and the Qanoon-e-Shahadat Order, 1984 (X of 1984), asthe case may be.

3.

Unless context provides otherwise,any other expression used in this Actor rules framed thereunder but notdefined in the Act, shall havemeanings assigned to the expression inthe Pakistan Penal Code, 1860 "XLVof 1860), the Code of CriminalProcedure, 1898 (V of 1898) and theQanoon-e-Shahadat Order, 1984 (X of1984), as the case may be.

2.

Unless the context providesotherwise, any other expression usedin this Act or rules made thereunder

but not defined in this Act, shall havethe same meanings assigned to theexpressions in the Pakistan PenalCode, 1860 (Act XLV of 1860), theCode of Criminal Procedure, 1898(Act V of 1898) and the Qanoon-e-Shahadat Order, 1984 (P.O.No.X of1984), as the case may be.



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Chapter 2: Offences and Punishments

3.

Unauthorised access to informations y s t e m o r d a t a . - W h o e v e r

intentionally gains unauthorised access

to any information system or data shall

be punished with imprisonment for a

term which may extend to three months

or with fine up to fifty thousand rupees

or with both.

4. U n a u t h o r i s e d c o p y i n g o r

transmission of data.- Whoever

intentionally and without authorisation

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 up to one hundred thousand

rupees or with both.

3.

Unauthorised access to informations y s t e m o r d a t a . - W h o e v e r

intentionally gains unauthorised access

to any information system or data shall

be punished with imprisonment for a

term which may extend to three

months or with fine up to fifty

thousand rupees or with both.

4. U n a u t h o r i s e d c o p y i n g o r

transmission of data.- Whoever

intentionally and without authorisation

copies or otherwise transmits or causes

to be transmitted any data shall be


which may extend to six months, or

with fine up to one hundred thousandrupees or with both.

3.

U n a u t h o r i z e d a c c e s s t oinformation system or data.-Whoever with dishonest intentiongains unauthorized access to anyinformation system or data shall be

punished with imprisonment for aterm which may extend to threemonths or with fine which mayextend to fifty thousand rupees orwith both.

4. U n a u t h o r i z e d c o p y i n g o rtransmission of data.- Whoeverwith dishonest intention and withoutauthorization copies or otherwisetransmits or causes to be transmittedany data shall be punished withimprisonment for a term which mayextend to six months, or with fine

which may extend to one hundredthousand rupees or with both.



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5.

Interference with informations y s t e m o r d a t a . - W h o e v e rintentionally interferes with ordamages or causes to be interferedwith or damaged any part or whole ofan information system or data shall be

punished with imprisonment whichmay extend to two years or with fineup to five hundred thousand rupees orwith both.

6. Unauthorised access to criticalinfrastructure information systemor data:- Whoever intentionally gainsunauthorised access to any criticalinfrastructure information system orda ta sha l l be punished wi thimprisonment which may extend tothree years or with fine up to onemillion rupees or with both.

5.

Interference with informations y s t e m o r d a t a . - W h o e v e rintentionally interferes with ordamages or causes to be interferedwith or damaged any part or whole ofan information system or data shall be

punished with imprisonment whichmay extend to two years or with fineup to five hundred thousand rupees orwith both.

6. Unauthorised access to criticalinfrastructure information systemor data:- Whoever intentionally gainsunauthorised access to any criticalinfrastructure information system orda ta sha l l be punished wi thimprisonment which may extend tothree years or with fine up to onemillion rupees or with both.

5. Interference with information

system or data.- Whoever withdishonest intention interferes with or

damages or causes to be interfered

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 rupees or with both.

6. Unauthorized access to critical

infrastructure information system

or data.- Whoever with dishonest

intention gains unauthorized access to

any critical infrastructure information

system or data shall be punished with

imprisonment which may extend to

three years or with fine which mayextend to one million rupees or with

both.



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7.

U n a u t h o r i s e d c o p y i n g o rt r a n s m i s s i o n o f c r i t i c a linfrastructure data.- Whoever intentionally and without authorisationcopies or otherwise transmits or causesto be transmitted any criticalinfrastructure data shall be punishedwith imprisonment for a term whichmay extend to five years, or with fineup to five million rupees or with both.

7.

U n a u t h o r i s e d c o p y i n g o rt r a n s m i s s i o n o f c r i t i c a linfrastructure data.- Whoever intentionally and without authorisationcopies or otherwise transmits or causesto be transmitted any criticalinfrastructure data shall be punishedwith imprisonment for a term whichmay extend to five years, or with fineup to five million rupees or with both.

7.

U n a u t h o r i z e d c o p y i n g o rt r a n s m i s s i o n o f c r i t i c a linfrastructure data.- Whoever withdishonest intention and withoutauthorization copies or otherwisetransmits or causes to be transmittedany critical infrastructure data shall be

punished with imprisonment for a termwhich may extend to five years, orwith fine which may extend to five

million rupees or with both.



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Section 9: Glorification of an offence and hate speech

Whoever prepares or disseminatesinformation, through any information

system or device, where the commissionor threat is with the intent to:-

(a)

glorify an offence or the person

accused or convicted of a crime

(b) support terrorism or activities of

proscribed organizations; and

(c)

advance religious, ethnic or sectarian

hatred

shall be punished with imprisonment for a

term which may extend to five years or with

fine up to ten million rupees or with both.

• Explanation: “Glorification” includes

depiction of any form of praise or

celebration in a desirable manner.

Whoever prepares or disseminatesinformation, through any information

system or device, where the commissionor threat is with the intent to:-

(a)

glorify an offence or the person

accused or convicted of a crime and

support terrorism or activities of

proscribed organizations; and

(b) advance religious, ethnic or sectarian

hatred


term which may extend to five years or with


• Explanation: “Glorification” includes

depiction of any form of praise or

celebration in a desirable manner.

Whoever prepares or disseminates

information, through any

information system or device, withthe intent to glorify an offence and

the person accused or convicted of a

crime relating to terrorism or

activities of proscribed

organizations shall be punished with

imprisonment for a term which may

extend to five years or with finewhich may extend to ten million


Explanation.- “glorification”

includes depiction of any form of

praise or celebration in a desirable

manner.



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Section 10: Cyber terrorism

Whoever commits or threatens to commit any

of the offences under sections 6, 7, 8 or 9 of

this Act, where the commission or threat is

with the intent to:-

(a) 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


discord,

shall be punished with imprisonment of either

description for a term which may extend to

fourteen years or with fine up to fifty million


Whoever commits or threatens to commit

any of the offences under sections 6, 7, 8

or 9 of this Act, where the commission orthreat is with the intent to:-

(a) 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


discord,

shall be punished with imprisonment of

either description for a term which may

extend to fourteen years or with fine up to

fifty million rupees or with both.

Whoever commits or threatens to commit

any of the offences under sections 6, 7, 8

or 9, where the commission or threat iswith the intent to:-

(a) coerce, intimidate, 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) advance inter-faith, sectarian or ethnic

hatred,

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.


ff d f l


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Section 18: Offences against dignity of natural person

1. Whoever intentionally publicly exhibits or

displays or transmits any false intelligence,

which is likely to harm or intimidate thereputation or privacy of a natural person


term which may extend to three years or

with fine up to one million rupees or with

both:

Provided, nothing under this sub-section (1)

shall apply to anything aired by a broadcast

media or distribution service licensed under

Pakistan Electronic Media Regulatory

Authority Ordinance, 2002 (XIII of 2002).

1. Whoever intentionally publicly

exhibits or displays or transmits any

false information, which is likely toharm or intimidate the reputation or

privacy of a natural person shall be


which may extend to three years or

with fine up to one million rupees or

with both:

Provided, nothing under this sub-section

(1) shall apply to anything aired by a

broadcast media or distribution servicelicensed under Pakistan Electronic Media

Regulatory Authority Ordinance, 2002

(XIII of 2002).

1. Whoever intentionally and publicly


information through any informationsystem, 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:

Provided that nothing under this sub-section shall apply to anything aired by a

broadcast media or distribution service

licensed under the Pakistan Electronic

Media Regulatory Authority Ordinance,

2002 (XIII of 2002).


S i 8 Off i di i f l (C )


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Section 18: Offences against dignity of natural person (Cont.)

2. Any aggrieved person or his guardian,

where such person is a minor, may apply to

the Authority for passing of such orders forremoval, destruction or blocking access to

such intelligence referred to in sub-section

(1) and the Authority on receipt of such

application, may take such measures as

deemed appropriate for securing,

destroying, blocking access or preventing

transmission of such intelligence.


where such person is a minor, may

apply to the Authority for passing ofsuch orders for removal, destruction or

blocking access to such information

referred to in sub-section (1) and the

Author i ty on receipt of such

application, may take such measures

as deemed appropriate for securing,

destroying, blocking access or

preventing transmission of such

information.



apply to the Authority for removal,destruction of or blocking access to

such information referred to in sub-

section (1) and the Authority on

receipt of such application, may pass

such orders as deemed appropriate

including an order for removal,

destruction, preventing transmission of

or blocking access to such information

and the Authority may also direct anyof its licensees to secure such

information including traffic data.



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Section 19: Offences against modesty of natural person and minor



intelligence which:-

a) superimposes a photograph of the face of a

natural person over any sexually explicit

image; or

b) distorts the face of a natural person or

includes a photograph or a video of a

natural person in sexually explicit conduct;

or

c) intimidates a natural person with any

sexual act,


term which may extend to seven years or

with fine up to five million rupees or both.



information which:-

a) superimposes a photograph of the face of

a natural person over any sexually explicit

image; or


includes a photograph or a video of a

natural person in sexually explicit

conduct; or

c) intimidates a natural person with any

sexual act,


term which may extend to seven years or

with fine up to five million rupees or both.

1.

Whoever intentionally and publicly


information which–

a) superimposes a photograph of the face of a

natural person over any sexually explicit

image or video; or


includes a photograph or a video of a natural

person in sexually explicit conduct; or

c) intimidates a natural person with any sexual

act or any sexually explicit image or video

of a natural person; ord) cultivates, entices or induces a natural

person to engage in a sexually explicit act,

through an information system to harm a

natural person or his reputation, or to take

revenge, or to create hatred or to blackmail,


term which may extend to seven years orwith fine which may extend to five million




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Section 19: Offences against modesty of natural person and minor (Cont.)

2 Whoever commits an offence under sub-

section (2) with respect to a minor shall be


which may extend to ten years, or with fine

up to ten million rupees or with both.

3 Any aggrieved person or his guardian,

where such person is a minor, may apply to

the Authority for passing of such orders for

removal, destruction or blocking access to

such intelligence referred to in sub-section

(1) and (2) and the Authority on receipt of

such application may take such measuresas deemed appropriate for securing,

destroying, blocking access or preventing

transmission of such intelligence.

2. Whoever commits an offence under sub-


punished with imprisonment for a termwhich may extend to ten years, or with



where such person is a minor, may apply

to the Authority for passing of such orders

for removal, destruction or blocking

access to such information referred to in

sub-section (1) and (2) and the Authority

on receipt of such application may takesuch measures as deemed appropriate for

securing, destroying, blocking access or

prevent ing t ransmiss ion of such

information.

2. Whoever commits an offence under sub-



which may extend to ten years and with finewhich may extend to ten million rupees:

Provided that in case of a person who has been

previously convicted of an offence under sub-


punished with imprisonment for a term of

fourteen years and with fine.

3. Whoever produces, offers or makes

available, distributes or transmits through an

information system or procures for himselfor for another person or intentionally

possesses material in an information system

that visually depicts–

a) a minor engaged in sexually explicit

conduct;

b) a person appearing to be a minor engaged in

sexually explicit conduct; or

c) realistic images representing a minor

engaged in sexually explicit conduct,

shall be punished with imprisonment for a term

which may extend to seven years, or with fine

which may extend to five million rupees or with

both.



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Section 19: Offences against modesty of natural person and minor (Cont.)

------ ----



apply to the Authority for removal,destruction of or blocking access tosuch information referred to in sub-

sections (1) and (3) and the Authority,

on receipt of such application, maypass such orders as deemed

appropriate including an order forremoval, destruction, preventing

transmission of or blocking access to

such information and the Authority

may also direct any of its licensees tosecure such information includingtraffic data.



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Section 21: Cyber Stalking

1. Whoever with the intent to coerce orintimidate or harass any person uses

information system, information systemnetwork, the Internet, website, electronicmail, information or any other similarmeans of communication to:-

(a) communicate obscene, vulgar,

contemptuous, or indecent information;

or

(b) make any suggestion or proposal of an

obscene nature; or

(c)

threaten to commit any illegal orimmoral act; or

(d) take a picture or photograph of any

person and display or distribute without

his consent or knowledge in a manner

that harms a person; or

(e) display or distribute information in a

manner that substantially increases the

risk of harm or violence to any person,commits the offence of cyber stalking.

1. Whoever with the intent to coerce orintimidate or harass any person uses

information system, informationsystem network, the Internet, website,electronic mail, information or anyother similar means of communicationto:-

(a) communicate obscene, vulgar,

contemptuous, or indecent

information; or

(b)

make any suggestion or proposal ofan obscene nature; or

(c)

threaten to commit any illegal or

immoral act; or

(d) take a picture or photograph of any

person and display or distribute

without his consent or knowledge in

a manner that harms a person; or

(e)

display or distribute information in amanner that substantially increases

the risk of harm or violence to any

person, commits the offence of cyber

stalking.

1. A person commits the offence of cyber

stalking who, with the intent to coerce

or intimidate or harass any person,uses information system, information

system network, the Internet, website,

electronic mail or any other similar

means of communication to–

a) follow a person or contacts or attempts

to contact such person to foster

personal interaction repeatedly despite

a clear indication of disinterest by such person;

b) monitor the use by a person of the

Internet, electronic mail, text message

or any other form of electronic

communication;

c) watch or spy upon a person in a

manner that results in fear of violence

or serious alarm or distress, in the

mind of such person; or

d) take a photograph or make a video of

any person and displays or distributes

it without his consent in a manner that

harms a person.


S i C b S lki (C )


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Section 21: Cyber Stalking (Cont.)

(2) Whoever commits the offence specified insub-section (1) shall be punishable with

imprisonment for a term which may extend totwo year or with fine up to one million rupees,or with both:

Provided that if the victim of the cyber stalkingunder sub-section (1) is a minor the punishment may extend to five years or withfine up to ten million rupees, or with both.

(3) Any aggrieved person may apply to theAuthority for issuance of appropriate orders forremoval or destruction of, or blocking access tosuch information as referred to in sub-section(1) and the Authority upon receipt of suchapplication may take such measures as deemedappropriate for removal or destruction of, or blocking access to, such information.

(2) Whoever commits the offencespecified in sub-section (1) shall be

punishable with imprisonment for a termwhich may extend to one year or with fineup to one million rupees, or with both:

Provided that if the victim of the cyberstalking under sub-section (1) is a minorthe punishment may extend to five yearsor with fine up to ten million rupees, orwith both.

(3) Any aggrieved person may apply to theAuthority for issuance of appropriateorders for removal or destruction of, or

blocking access to such information asreferred to in sub-section (1) and theAuthority upon receipt of such applicationmay take such measures as deemedappropriate for removal or destruction of,or blocking access to, such information.

2. Whoever commits the offencespecified in sub-section (1) shall be

punished with imprisonment for a termwhich may extend to one year or withfine which may extend to one millionrupees or with both:

Provided that if victim of the cyberstalking under sub-section (1) is a minorthe punishment may extend to five yearsor with fine which may extend to tenmillion rupees or with both.

3.

Any aggrieved person or his guardian,where such person is a minor, mayapply to the Authority for removal,destruction of or blocking access tosuch information referred to in sub-section (1) and the Authority, onreceipt of such application, may passsuch orders as deemed appropriateincluding an order for removal,

destruction, preventing transmission ofor blocking access to such informationand the Authority may also direct anyof its licensees to secure suchinformation including traffic data.


S i 22 S i


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Section 22: Spamming

1. Whoever with intent transmitsharmful, fraudulent, misleading, illegal

or unsolicited information to any person without the express permissionof the recipient, or causes anyinformation system to show any suchinformation commits the offence ofspamming.

Explanation.- “Unsolicited information”does not include:

i.

Marketing authorized under the law;or

ii. Information which has not beenspecifically unsubscribed by therecipient.

2. A person engaged in direct marketingshall provide the option to therecipient of direct marketing tounsubscribe such marketing.

1. Whoever with intent transmitsharmful, fraudulent, misleading, illegal

or unsolicited information to any person without the express permissionof the recipient, or causes anyinformation system to show any suchinformation commits the offence ofspamming.

Explanation.- “Unsolicited information”does not include:

i.

Marketing authorized under the law;or

ii. Information which has not beenspecifically unsubscribed by therecipient.

2. A person engaged in direct marketingshall provide the option to therecipient of direct marketing tounsubscribe such marketing.

1. A person commits the offence ofspamming, who with intent transmitsharmful, fraudulent, misleading, illegalor unsolicited information to any

person without permission of therecipient or who causes anyinformation system to show any suchinformation for wrongful gain.

2. A person including an institution or anorganization engaged in direct

marketing shall provide the option tothe recipient of direct marketing tounsubscribe from such marketing.

3. Whoever commits the offence ofspamming as described in sub- section(1) or engages in direct marketing inviolation of sub-section (2), for thefirst time, shall be punished with finenot exceeding fifty thousand rupees

and for every subsequent violationshall be punished with imprisonmentfor a term which may extend to threemonths or with fine which may extendto one million rupees or with both.


S i 22 S i (C )


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Section 22: Spamming (Cont.)

3. Whoever commits the offence ofspamming as described in sub-section(1) or engages in direct marketing inviolation of sub-section (2), for thefirst time, shall be punished with finenot exceeding fifty thousand rupeesand for every subsequent violationshall be punished with imprisonmentfor a term which may extend to threemonths or with fine up to one millionrupees or with both.

3. Whoever commits the offence ofspamming as described in sub-section(1) or engages in direct marketing inviolation of sub-section (2), for thefirst time, shall be punished with finenot exceeding fifty thousand rupeesand for every subsequent violationshall be punished with imprisonmentfor a term which may extend to threemonths or with fine up to one millionrupees or with both.

------


S ti 27 P t I ti t


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Section 27: Power to Investigate

1. Only an authorised officer of theinvestigation agency shall have the

powers to investigate an offence underthis Act.

1.

Only an authorised officer of theinvestigation agency shall have the

powers to investigate an offence underthis Act:

1. Only an authorised officer of theinvestigation agency shall have the

powers to investigate an offence underthis Act:


No warrant, arrest, search, seizure

or other power not provided for in

the Act.

Power to investigate. Power to investigate.

S ti 30 W t f S h d S i


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Section 30: Warrant for Search and Seizure

1. Upon an application by an authorisedofficer that demonstrates to thesatisfaction of the Court that thereexist reasonable grounds to believethat there may be in a specified placean information system, data, device orother articles that-

a. may reasonably be required for the purpose of a criminal investigation orcriminal proceedings which may bematerial as evidence in proving a

specifically identified offence madeout under this Act; or b. has been acquired by a person as a

result of the commission of an offence,

the Court may issue a warrant which shallauthorise an officer of the investigationagency, with such assistance as may benecessary, to enter the specified place andto search the premises and any

information system, data, device orstorage medium relevant to the offenceidentified in the application and access,seize or similarly secure any informationsystem, data or other articles relevant tothe offence identified in the application.

1. Upon an application by an authorisedofficer... ...offence identified in theapplication.

2. In circumstances involving an offenceunder section 10 of this Act, underwhich a warrant may be issued, butcannot be obtained without affordingopportunity of destruction, alterationor loss of data, information system,device or any other article required forinvestigation, the authorized officer

who shall as far as practicable be aGazetted officer of the investigationagency enter the specified place andsearch the premises and anyinformation system, data, device orarticle relevant to the offence andaccess, seize or similarly secure anyinformation system, data or otherarticles relevant to the offence:

Provided that the authorized officer shallimmediately but not later than twenty fourhours bring to the notice of the Court, thefact of such search or seizure and the courton receipt of such information may passsuch orders as deemed appropriate in thecircumstances of the case.

1. Upon an application by an authorisedofficer... ...offence identified in theapplication.

2. In circumstances involving an offenceunder section 10 of this Act, underwhich a warrant may be issued, butcannot be obtained without affordingopportunity of destruction, alterationor loss of data, information system,device or any other article required forinvestigation, the authorized officer

who shall as far as practicable be aGazetted officer of the investigationagency enter the specified place andsearch the premises and anyinformation system, data, device orarticle relevant to the offence andaccess, seize or similarly secure anyinformation system, data or otherarticles relevant to the offence:

Provided that the authorized officer shallimmediately but not later than twenty fourhours bring to the notice of the Court, thefact of such search or seizure and the courton receipt of such information may passsuch orders as deemed appropriate in thecircumstances of the case.


S ti 31 W t f Di l f C t t D t


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Section 31: Warrant for Disclosure of Content Data

1. Upon an application by an authorisedofficer that.... .... to the authorizedofficer.

2. The period of a warrant.... .... specified by the Court.






Warrant for disclosure of

data


content data


content data

Section 32 Po ers of an A thori ed Officer


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Section 32: Powers of an Authorized Officer

1. Subject to provisions....

g)

require any person who is in possession of decryption informationof an information system, device ordata under investigation to grant himaccess to such decryption informationnecessary to decrypt data required forthe purpose of investigating any suchoffence:

2. In exercise of the power....

b)

take all precautions to maintainintegrity of the information system anddata in respect of which a warrant forsearch or seizure has been issued;


g)

require any person who is in possession of decryption informationof an information system, device ordata under investigation to grant himaccess to such decryption informationnecessary to decrypt data required forthe purpose of investigating any suchoffence:

2.

In exercise of the power....

b)

take all precautions to maintainintegrity of the information system anddata in respect of which a warrant forsearch or seizure has been issued;


g) require any person who is in possession of decryption information

of an information system, device ordata under investigation to grant himaccess to such data, device orinformation system in unencrypted ordecrypted intelligible format for the

purpose of investigating any suchoffence.

2. In exercise of the power...

b)

take all precautions to maintainin tegr i ty and secrecy of theinformation system and data in respectof which a warrant for search orseizure has been issued;

4. Where an authorized officer seizes orsecures any data or informationsystem, the authorized officer shallensure that data or information system

while in the possession or in the accessof the authorized officer is not releasedto any other person includingcompetitors or public at large anddetails including log of any action

performed on the information systemor data is maintained in a manner

prescribed under this Act.


Section 33: Dealing with Seized Data or Information System


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Section 33: Dealing with Seized Data or Information System

The Federal Government may prescribe

rules for search and seizure and dealing

with the information system, data or other

articles searched and seized under this

Act.

The Federal Government may prescribe

rules for search and seizure and dealing

with the information system, data or other

articles searched and seized under this

Act.

1.

If any data or information system has been seized or secured following asearch or seizure under this Act, theauthorized officer who undertook thesearch or seizure shall, at the time ofthe seizure,–

a) make a list of what has been seized orrendered inaccessible, with the dateand time of seizure; and

b)

give a copy of that list to-i.

the occupier of the premises; orii. the owner of the data or

information system; oriii. the person from whose possession

the data or information system has been seized, in a prescribedmanner in the presence of twowitnesses.

2.

The authorized officer, upon anapplication of the owner of the data orinformation system or an authorizedagent of the owner and on payment of

prescribed costs, shall provide forensicimage of the data or informationsystem to the owner or his authorizedagent within a time prescribed underthis Act.


ealing with seized data ealing with seized data ealing with Seized ata or

Information SystemApril ‘16

Section 33: Dealing with Seized Data or Information System (Cont )


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-------

Section 33: Dealing with Seized Data or Information System (Cont.)

-------3.

If the authorized officer has reasons to believe that providing forensic image of the data or informationsystem to the owner under sub- section (2) may

prejudice–a) the investigation in connection with which the

search was carried out; or b) another ongoing investigation; orc) any criminal proceedings that are pending or that

may be brought in relation to any of those

investigations,the authorized officer shall, within seven days ofreceipt of the application under sub-section (2),approach the Court for seeking an order not to providecopy of the seized data or information system.

4. The Court, upon receipt of an application from anauthorized officer under sub-section (3), may afterrecording reasons in writing pass such order asdeemed appropriate in the circumstances of the

case..

5. The costs associated with the exercise of rightsunder this section shall be borne by the personexercising these rights.


ealing with seized data ealing with seized data ealing with Seized ata or

Information SystemApril ‘16

Section 34: Un Lawful Online Content


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Section 34: Un-Lawful Online Content

1. The Authority is empowered tomanage intelligence and issuedirections for removal or blocking ofaccess of any intelligence through anyinformation system.The Authority or any officer authorised

by it in this behalf may direct anyservice provider to remove anyinformation or block access to suchinformation, if it considers it necessaryin the interest of the glory of Islam orthe integrity, security or defence ofPakistan or any part thereof, friendlyrelations with foreign states, publicorder, decency or morality, or in

relation to contempt of court orcommission of or incitement to anoffence under this Act.

1. The Authority is empowered tomanage information and issuedirections for removal or blocking ofaccess of any information through anyinformation system.The Authority may direct any service

provider to remove any information or block access to such information, if itconsiders it necessary in the interest ofthe glory of Islam or the integrity,security or defence of Pakistan or any

part thereof, friendly relations withforeign states, public order, decency ormorality, or in relation to contempt ofcourt or commission of or incitement

to an offence under this Act.

1. The Authority shall have the power to

remove or block or issue directions for

removal or blocking of access to any

information through any information

system if it considers it necessary in

the interest of the glory of Islam or theintegrity, security or defence of

Pakistan or any part thereof, public

order, decency or morality, or in

relation to contempt of court or

commission of or incitement to an

offence under this Act.


Power to manage intelligence and issue

directions for removal or blocking of

access of any intelligence through any

information system

Power to manage online

information, etc.

Un-lawful online content

Section 34: Un Lawful Online Content (Cont )


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Section 34: Un-Lawful Online Content (Cont.)

2.

The Authority may prescribe rules for

adoption of standards and procedure to

manage information, block access and

entertain complaints.

3.

Until such procedure and standards are

prescribed, the Authority shall exercise

its powers under this Act or any other

law for the time being in force in

accordance with the directions issued

by the Federal Government not

inconsistent with the provisions of this

Act.

2.

The Authority may prescribe rules for

adoption of standards and procedure to

manage information, block access and

entertain complaints.

3.

Until such procedure and standards are

prescribed, the Authority shall exercise

its powers under this Act or any other

law for the time being in force in

accordance with the directions issued

by the Federal Government not

inconsistent with the provisions of this

Act.

2. The Authority may, with the approvalof the Federal Government, prescriberules for adoption of standards and

procedure for exercise of powersunder sub-section (1).

3. Until such procedure and standards are prescribed under sub- section (2), theAuthority shall exercise its powersunder this Act or any other law for thetime being in force in accordance withthe directions issued by the FederalGovernment not inconsistent with the

provisions of this Act.


Power to manage intelligence and issue

directions for removal or blocking of

access of any intelligence through any

information system

Power to manage online

information, etc.Un-lawful online content

Section 36: Real Time Collection and Recording of Information


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Section 36: Real-Time Collection and Recording of Information.

5. The application....

e) what measures.... .... part of the

investigation

f) why the investigation.... .... recording

is permitted; and


e) what measures.... .... part of the

investigation

f)

why the investigation.... .... recordingis permitted; and


e) specify what measures.... .... part of

the investigation

f)

explain why the investigation.... ....recording is permitted; and


Section 37: Forensic Laboratory


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Section 37: Forensic Laboratory

-------

The Federal Government shall establish or

designate a forensic laboratory,

independent of the investigation agency, to

provide expert opinion before the Court or

for the benefit of the investigation agency

in relation to electronic evidence collected

for purposes of investigation and

prosecution of offences under this Act.

The Federal Government shall establish or

designate a forensic laboratory,

independent of the investigation agency, to

provide expert opinion before the Court or

for the benefit of the investigation agency

in relation to electronic evidence collected

for purposes of investigation and

prosecution of offences under this Act.


Section 38: Confidentiality of Information


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Section 38: Confidentiality of Information

-------------

Any person including a service providerwhile providing services under the terms

of lawful contract or otherwise in

accordance with the law, or an authorized

officer who has secured access to any

material or data containing personal

information about another person,

discloses such material to any other

person, except when required by law,

without the consent of the personconcerned or in breach of lawful contract

with the intent to cause or knowing that he

is likely to cause harm, wrongful loss or

gain to any person or compromise

confidentiality of such material or data,


term which may extend to three years or

with fine which may extend to one million



Section 39: International Cooperation


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Section 39: International Cooperation

Section 38)5) The Federal Government may refuse

to accede.... .... ongoing investigation

or trial.

Section 38)

5) The Federal Government may refuse


or trial.

Section 39)5) The Federal Government may refuse


or trial or rights of its citizens

guaranteed under the Constitution of

the Islamic Republic of Pakistan.


Section 41: Cognizance and Trial of Offences


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Section 41: Cognizance and Trial of Offences

Section 40)2) The Federal Government shall, in

consultation with the Chief Justice of

respective High Court, arrange for

special training to be conducted by an

entity notified by the Federal

Government for training on computer

sciences, cyber forensics, electronic

transactions and data protection

Section 40)

2) The Federal Government shall, in



special training to be conducted by an

entity notified by the Federal



transactions and data protection

Section 41)2) The Federal Government shall, in



special training of the presiding

officers of the Court to be conducted

by an entity notified by the Federal



transactions and data protection.


Section 44: Appeal


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Section 44: Appeal

Section 43)

An appeal against the final judgment of a

Court shall lie within thirty days from the

date of provision of its certified copy free

of cost.

Section 43)

An appeal against the final judgment of a

Court shall lie within thirty days from the

date of provision of its certified copy free

of cost.

Section 44)An appeal against the final judgment or

order of a Court shall , within thirty days

from the date of provision of its certified

copy free of cost, lie-

a) to the High Court concerned against

such judgment or order if passed by a

court of sessions; or

b)

to the court of sessions concernedagainst such judgment or order if

passed by a magistrate.


Section 46: Computer Emergency Response Teams


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Section 46: Computer Emergency Response Teams

Section 45)

(1) The Federal Government may

formulate one or more Computer

Emergency Response Teams... ...

information systems in Pakistan.

Section 45)

(1) The Federal Government may

formulate one or more Computer

Emergency Response Teams... ...


Section 46)1) The Federal Government may

constitute one or more computer

emergency response teams... ...



Section 48: Power to Make Rules


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Section 48: Power to Make Rules

Section 47) 2)

-----

Section 47) 2)

e)

manner to deal with the seized data,

information system, device or other

articles;

f) working of joint investigation teams;

g) requirements for seeking permission of

the Authority to change, alter or re-

program unique device identifier of

any communication equipment by any

person for research or any other

legitimate purpose;

h) procedure for seeking appropriate

orders of the Authority for removal,

destruction or blocking access to

information under this Act;

Section 48) 2)e) manner to deal with the seized data,

information system, device or other

articles;

f)

working of joint investigation teams;

g) requirements for seeking permission of

the Authority to change, alter or re-

program unique device identifier of

any communication equipment by any

person for research or any other

legitimate purpose;

h) procedure for seeking appropriate

orders of the Authority for removal,

destruction or blocking access to

information under this Act;


Section 48: Power to Make Rules (Cont.)


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Section 48: Power to Make Rules (Cont.)

Section 47) 2)

l) for management and oversight of the

forensic laboratory;

m) qualifications and trainings of the

officers, experts and staff of the


n) p o w e r s , f u n c t i o n s a n d

responsibilities of the forensic

laboratory, its officers, experts and

staff;

o) standard operating procedures of the

forensic laboratory to interact with

the investigation and prosecution

agency;

l)

for management and oversight of theforensic laboratory;

m) qualifications and trainings of the

officers, experts and staff of the


n) p o w e r s , f u n c t i o n s a n d

responsibilities of the forensic

laboratory, its officers, experts andstaff;

o) standard operating procedures of the

forensic laboratory to interact with

the investigation and prosecution

agency;


Section 51: Savings of Powers


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Section 51: Savings of Powers

Nothing in this Act shall affect, limit or

prejudice the duly authorized and lawful

powers and functions of the State

institutions performed in good faith.



powers and functions of the institutions

controlled by the Federal and Provincial

governments performed in good faith.



powers and functions of the institutions

controlled by the Governments exercised

and performed in good faith.


Comparison of the versions of PECB

Documents

Transcript of Comparison of the versions of PECB