(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.
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