affiliate marketing Law & Order: Some major defects in the Information and Communication Technology (ICT) Act. 2006

Wednesday, 3 August 2011

Some major defects in the Information and Communication Technology (ICT) Act. 2006

(PART 1) Provisions related to Cyber Tribunal

Sec.68: Establishment of Cyber Tribunal. -
(1) Government by gazette notification, for the purpose of quick and effective trial of the crimes committed under the Act, may establish one or more cyber tribunal.
(2) The cyber tribunal that is stated in sub-sec(1) will be comprised of a Session Judge or an Assistant Session Judge appointed by the government consulting the supreme court; and such appointed judge will be introduced “Judge, Cyber Tribunal”.
(3) The cyber tribunal under the section may be given jurisdiction of whole Bangladesh or one or more session jurisdiction; and the tribunal will only judge cases of crimes under the Act.
(4) The special tribunal may sit and continue its procedure on a place at a certain time and the government will dictate all this by its order.

Reason for amendment of this provision:
As to this section, one or more cyber tribunal can be formed by the govt for the purpose of quick and effective trial of the crimes. The section could have included establishment of a permanent cyber tribunal for monitoring cyber activities.
Besides, it says that the tribunal will comprise of a Session Judge or Assistant Session Judge. But it didn’t mention how many members to be in the tribunal as we know a tribunal can’t be of a single person. Moreover, it could have used the term “Cyber specialist or Expert” so that not all but only those who have experience in field could be selected.

Sec.69: Procedure of trial of the Cyber Tribunal. -
(1) 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 authority from the controller for the purpose.
(2) The tribunal during trial under the Act will follow chapter 23 of the Code of Criminal Procedure for trial in session court; provided that it will not be contradictory with this Act.
(3) Any tribunal for the purpose of justice if considered unnecessary without registering it can’t stop proceeding of a case.
(4) Where there is reason to believe for the tribunal that the accused person is missing or hiding himself for which it is not possible to arrest him earlier, in that case the tribunal by its order, may ask that person to be present in the court by publishing it in two prominent local newspaper at a prescribed time and if that person fails to do so, the trial will be held with his absence.
(5) The accused person or the person having bail, after being present before the tribunal, if he is missing, or if he fails to present in front of the tribunal the process stated in sub-section (4), will not be applicable and that tribunal with absence of the person try him registering its decision.
(6) If the person having bail or after presenting the court, fails to present before the court, the procedure stated in sub-section (4) of the section shall not be applied and the tribunal may in written form give judgement without the presence of the accused.
(7) The tribunal on the basis of the application presented before it, or by its own effort, give the order to reinvestigate any case made under the Act and give the order to submit report in a prescribed time by the authority to any police official, or in cases any person having the authority from the controller.


Reason for amendment of this provision:
The provision entitles only Police officer of the rank of Sub-Inspector or higher to report to the tribunal which is providing monopoly power to him which could easily be misused.
Besides, it was needed to be mentioned that only qualified or expert sub-inspector so that a person who is familiar to computer programming and operating and cyber crimes could investigate as very few officials of our country are familiar with the terms related to cyber world.

Sec.70: The application of the criminal procedure in the procedure of the tribunal. -
(1) The laws of the criminal procedure, as far as possible being not contrary to this Act will be applicable to the procedure of the tribunal and the tribunal will have all the original jurisdiction of the session judge.
(2) The advocate on behalf of the govt shall be known as the public prosecutor.

Reason for amendment:
It could have included the qualifications necessary for an advocate to be able to deal with cyber matters as most of the lawyers in our country are not that much involved in cyber world and very few know about various terms and crimes in cyber world. Moreover, as it is not long internet started being widely used in the country so proper knowledge is also necessary for advocates.


Sec.71: Rules regarding bails. - Judge of the cyber tribunal will not give bail to any person accused under the Act unless-
(a) The government side is given scope for hearing on the ground of bail;
(b) The Judge is satisfied that-
1. There is enough ground to believe that the accused might not be proved guilty.
2. The crime in prima facia view is not too heavy and the punishment, even the crime is proved, will not be hard.
(c) He registers all those satisfactory grounds in written form.

Reason for amendment of this provision:
On technical matters expert opinion/evidence is necessary. It could have included that for judge to be satisfied.
Section 80 empowers the authority to arrest someone and search and confiscate related belongings if that authorized person ‘believe’ that such crime has been committed. Then again, bail seems very difficult under this section. By the time a verdict is given by the court, a person can get harassed while the ‘authority’ enjoys immunity under section 86.

Sec.72: Time limit for judgement. -
(1) The judge of the tribunal from the date of finishing examination of witness or evidence or hearing, whichever occurs later, will give judgement within ten days if he does not extend the time not more than ten days with written statement.
(2) When the judgement is given under the sub-section (1) of the section or if any appeal to the cyber tribunal is made against the judgement then the copy of the appeal judgement will be sent to the controller by the cyber tribunal or appeal tribunal to reserve it according to the section 18 (7) of the Act; if such any copy is sent the controller will take proper action to reserve it with proper process.

Reason for amendment of this provision:
The section provides judge to pronounce judgement within ten days of the completion of examination of witness or hearing which is contradictory to the Code of Criminal Procedure as the judgement pronounced after conclusion of trial which means after 342 statement of the accused person. So this provision should have been clarified.
Beside there is no time limit mentioned for filing appeal against the judgement of cyber tribunal. It could have specified that.



Sec.73: Time limit of disputing a case by the tribunal. -
(1) The judge of the tribunal will complete the judgement procedure within six months of filing the case.
(2) If the judge fails to finish the case within the time prescribed under sub-section (1) of the section he may increase the time not more than three months by stating written reasons behind the delay.
(3) If the judge fails to finish a case within the time limit under sub-section (2) of this section, he may continue the process by submitting a paper to High Court and the Controller stating the reasons behind the delay.

Reason for amendment of this provision:
Sub-section (1) and sub-section (2) of this section is ok. But sub-section (3) could have included a maximum period for finishing the case as there is no period mentioned, the judge could go through the case for lifelong!

Sec.74: Justice by session court. - Whatever may be in the Code of Criminal Procedure, unless special tribunal is formed, the crimes made under the Act shall be judged under session judge.

Comment: No reason to be amended.

41 comments:

  1. Great post. Its very interesting and enjoyable. Its must be helpful for us. Thanks for sharing your nice post.
    disable people
    famous disabled people

    ReplyDelete
  2. Wow, Excellent post. This article is really very interesting and effective. I think its must be helpful for us. Thanks for sharing your informative.
    mentalist

    ReplyDelete
  3. Welcome to internet marketing reviews & Ratings - This section is for members to give intelligent reviews of products and services.konw more just go our website…

    ReplyDelete
  4. Shop diplomat watch winder and read customer reviews.know more just go our website.

    ReplyDelete
  5. Take your business into the worlds largest consumer marketplace with a business website from Delta Decisions Inc. Our developers specialize in e-commerce and digital marketing as well as website management and website development Toronto Extend your reach and increase your profits with us today!

    ReplyDelete
  6. Zapraszamy do skorzystania z oferty leku Kamagra .U nas znajdziesz oryginalny lek bez recepty. Wejdź na stronę i sprawdź aktualną ofertę na wiele produktów.

    ReplyDelete
  7. We are experienced providers of Sub-Zero Refrigerator Repair services and we are a trusted provider of appliance repair in Orange County, CA

    ReplyDelete
  8. ” Charlotte Limousine Service” Signature Transportation provides professional limousine services in Charlotte, NC and surrounding areas. We provide airport transportation, limos for business executives, weddings and more.

    ReplyDelete
  9. “Charlotte Landscape Designer” All Natural Streams Landscaping provides custom landscape design services including streams, ponds, koi ponds, irrigation and water features in Charlotte, NC.

    ReplyDelete
  10. “Sub-Zero refrigerator repair in Orange County” Call D&V Appliance Repair in Orange County and be sure that your Sub-Zero Refrigerator is served by professionals. Our technicians are specially trained to repair Sub Zero Refrigerators and Freezes and have years of experience.

    ReplyDelete
  11. “Free Online Pokies” Play your favourite pokies online for free or enjoy real money pokies from the comfort of your home or office today. Enjoy no download Aristocrat pokies like Queen of the Nile and Big Red and the best online and mobile casino games - for free and for fun!

    ReplyDelete
  12. “Jewish Prayer Shawl” It can refer either to the "tallit katan", an item that can be worn over or under clothing and commonly referred to as "tzitzit", or the "tallit gadol", a Jewish prayer shawl worn over the outer clothes during the morning prayers (Shacharit) and worn during all prayers on Yom Kippur.[5] The term "tallit" alone, usually refers to the tallit gadol.

    ReplyDelete
  13. “canadians living in texas” Whether you are transitioning residency between Canada and the U.S. or you have already made the move, it is important to understand the benefits of a cross-border financial plan. Learn how Cardinal Point can help when holding investment assets or financial interests in the U.S. or Canada.

    ReplyDelete
  14. “no credit check cash loans” On our website you can take a loan with the best terms.Get payday loans with minimal checks and verifications.We have the best offer with the cash loan in USA.

    ReplyDelete
  15. “ammo” The Premier blog for survival readiness tips in uncertain times.

    ReplyDelete
  16. “telecharger film streaming youwatch vf gratuit” avec un grand plaisir on accueille les amateurs du cinema sur notre site des derniers films french gratuit de haute qulaité, on vous souhaite de passer des bonnes moments sur

    ReplyDelete
  17. “Plano Detox” O Plano DETOX é um Método de Emagrecimento Saudável que usa a Desintoxicação para destravar a Queima Natural de Gordura do Corpo. O organismo passará por Ciclos de Desintoxicação limpand seu organismo e a cada ciclo a queima de gordura é potencializada até que o objetivo de Emagrecimento seja alcançado. Além de uma rápida perda de gordura o Plano Detox vai te proporcionar uma limpeza no seu organismo eliminando tudo de ruim no organismo, fazendo com que seus hormônios trabalhe corretamente melhorando sua pele, cabelo, e perdendo muitas medidas.

    ReplyDelete
  18. “Dissertation Writing Services UK” Complete Dissertation Help, Right from Topic that not only has scope of research, but cutomized to appeal your supervisor and later even your career. Unlimited Revisions to ensure your supervisor is happy, experts of field to ensure good grades. Writecheck turnitin report to ensure Plagiarism free submission. So, overall ensured everything to help you score distinction.

    ReplyDelete
  19. “Legal Steroid” 100% Safe and Legal Steroid, Crazy Bulk Australia is now offering zero side effect supplement for sale.

    ReplyDelete
  20. “reverse phone sites “ We uses proprietary deep web technology to search over billions of phone records. The results may contain detailed information that might shock you, so please prepare yourself for the unexpected.

    ReplyDelete
  21. “new home building” With the cost of housing increasing, the need for affordable custom new homes are really turning into a niche for some companies.

    ReplyDelete
  22. “Opening hours” Irnon lists the places you love and gives you all the informations . Discover the places to move and access their information, adress opening hours and phone number. Share it, update it. Discover your city a different way.

    ReplyDelete
  23. “How do you get a bigger dick “Is it really possible to get a bigger dick naturally and permanently? For a lot of men this question is important to answer because penis size, general sexual performance and self-confidence and closely linked together. Amongst all of the lies, half-truths and outrageous claims it is necessary to tell it like it is. I believe this is why you are reading this post. I am going to te

    ReplyDelete
  24. “deutsche Online Casinos “Glücksspiele im Internet erfreuen sich einer immer größeren Beliebtheit. Daher ist es wichtig, sich für einen vertrauenswürdigen Anbieter zu entscheiden. Um das Spielvergnügen unbeschwert genießen zu können, braucht man die Gewissheit, sich in einer sicheren, zuverlässigen und fairen Spielumgebung aufzuhalten.
    Das wichtigste Merkmal ist hierbei eine offizielle EU-Glücksspiellizenz (die Nummer der Lizenz geben seriöse Anbieter stets auf ihrer Website an), welche bestätigt, dass das jeweilige Online-Casino Glücksspiele legal anbietet und einer regelmäßigen staatlichen Kontrolle des Spielbetriebs unterliegt.
    Die Website des Casino-Betreibers sollte übersichtlich gestaltet sein und die wichtigsten Informationen bereithalten, die für Neukunden relevant sind (z.B. Ein- und Auszahlungsmethoden sowie konkrete Bonusbedingungen).
    Auf den nachfolgenden Seiten gibt es Information darüber, wie man ein seriöses Online-Casino erkennt, sowie eine Auswahl der besten Casino-Anbieter im Internet.

    ReplyDelete
  25. “Contact Form 7 and Gmail Guide “ Follow this guide to fix issues related to Contact Form 7 not showing up in Gmail

    ReplyDelete
  26. “Valid coupons “ ValidCoupons.net offering big selection coupon codes, discounts coupons and deals. Find great deals.

    ReplyDelete
  27. “Charlotte Speech Therapy “ Speech therapy and speech pathology services in Charlotte, NC at The Brain Trainer.

    ReplyDelete
  28. “dog not eating “ Many dog parents face the struggle of having a dog that does not want to eat.

    Dogs, just like humans, develop eating habits and preferences when they are very young. A dog not eating could mean that he or she is trying to persuade you to give them another kind of food—just like kids try to convince their parents to give them candy.

    Someti
    mes a dog not eating could mean that he or she is sick, for this reason, we need to pay close attention to our dog’s eating habits. Anorexia (or a dog not eating) is one of the most common signs of disease in dogs. A sick dog will usually be depressed or weak. If your dog does not want to eat, you should pay close attention to his or her mood. Is he happy? Does she want to play? Are there any changes to her normal behavior? Any behavioral change in dogs can be a sign of disease.


    Although it may be hard, you should follow these steps to train a fussy eater.

    Set out your dog’s food for 30 minutes. If he/she is not eating after that time, take the food away. When it is time for your dog’s next meal, set out the food again and take it away in 30 minutes, whether he/she ate it or not. In a day or two, your dog

    ReplyDelete
  29. in sierra blanca Marbella
    villa for sale la zagaleta Benahavis Marbella
    villa for sale Guadalmina baja Marbella
    villa for sale the golden mile Marbella
    villa for sale Los Monteros Marbella
    villa for sale Los Flamingos Marbella
    villa for sale Nagueles Marbella
    beachfront apartment for sale Marbella
    Marbella frontline beach beachfront penthouse for sale in Marbella
    apartment for sale Puerto Banus Marbella
    frontline first line golf villa for sale Marbella
    Luxury Rental Marbella
    Mansions for sale Marbella
    Bargain for sale Marbella
    Luxury properties for sale in Marbella
    Luxury Real Estate for sale Marbella
    Luxury property Marbella
    For sale in Marbella Spain
    Villa for sale puerto banus Marbella
    Villas Marbella
    Luxury Villa for sale Marbella

    ReplyDelete
  30. Bargain for sale Marbella
    Luxury properties for sale in Marbella
    Luxury Real Estate for sale Marbella
    Luxury property Marbella
    For sale in Marbella Spain
    Villa for sale puerto banus Marbella
    Villas Marbella
    Luxury Villa for sale Marbella
    villa for sale in nueva andalucia Marbella
    Villa for sale Marbella
    VILLA MARBELLA
    LUXURY VILLA FOR SALE MARBELLA
    VILLA FOR SALE MARBELLA

    ReplyDelete
  31. " forskolin for weight loss " Forskolin is the trending news in the “war against weight loss”. Forskolin has been getting a lot of attention since it was recently featured on The Dr. Oz TV Show. Surprisingly, several individuals who struggle daily with their weight have yet to hear about this “miracle pill”. Those that have heard of this supplement are confused about what it is, how it works and how to avoid falling for ineffective supplements and downright scams.

    ReplyDelete
  32. Villas Marbella
    Luxury Villa for sale Marbella
    villa for sale in nueva andalucia Marbella
    Villa for sale Marbella
    Villa Marbella
    Villa For Sale Marbella
    VIP SERVICES to buy LUXURY VILLA FOR SALE MARBELLA
    SpainForSale.Properties Exclusive VIP Real Estate Services in Marbella / Costa del Sol
    SpainForSale.Properties is considered one of the most trusted Luxury Real Estate Agencies in Marbella, Costa del Sol, Balearic Islands and other “Prime Locations” in Spain. Our properties for sale portfolio features the most distinctive properties in La Costa del Sol: Luxury mansions, villas and apartments for sale in: Marbella city, La Zagaleta, Nueva Andalucia, Sierra Blanca, Los Flamingos, Los Monteros, the Marbella Golden Mile to Puerto Banus or Guadalmina Baja. Investments in Sotogrande, Madrid, Barcelona and Balearic Islands.
    Our mission is also our passion: helping our clients selling and buying Real Estate & Investment Brokerage. If you are looking to invest in Property, purchase a villa, a plot to develop, a first line beach penthouse, apartment, townhouse or country property in and around these exclusive locations please, take a few moments to browse thought @SpainForSale.Properties, to view our database of continuously updated properties.

    ReplyDelete
  33. Villas Marbella
    Luxury Villa for sale Marbella
    villa for sale in nueva andalucia Marbella
    Villa for sale Marbella
    VIP SERVICES TO BUY LUXURY VILLA FOR SALE IN MARBELLA
    SpainForSale.Properties Exclusive VIP Real Estate Services in Marbella / Costa del Sol, a premium service for VIP property buyers with a budget in excess of €2mm. What’s more buy a luxury property through

    ReplyDelete
  34. Luxury properties for sale in Marbella sale in nueva andalucia Marbella
    Villa for sale Marbella
    Villa Marbella
    Villa For Sale Marbella
    VIP SERVICES to buy LUXURY VILLA FOR SALE MARBELLA
    SpainForSale.Properties Exclusive VIP

    ReplyDelete
  35. SITUS AGEN DOMINOQQ ONLINE INDONESIA, YANG MENJUAL BERBAGAI JENIS PERMAINAN. SEPERTI :
    AGEN SAKONG , BANDARQ TERPERCAYA , CAPSA SUSUN , DOMINO99 ONLINE DAN MASIH BANYAK JENISNYA. MINIMAL DEPOSIT HANYA 10RIBU RUPIAH.

    ReplyDelete
  36. OKE77.COM Situs Bandar Agen Slot Online terpercaya di Indonesia.

    ReplyDelete
  37. Omdomino.COM Situs Bandar Agen Sakong Online terpercaya di Indonesia.

    ReplyDelete

Get your desired domain free!!