8. What do you mean by Pornography?

``Pornography'' means—(1) any sexually suggestive dialogue, act, gesture, nude or

semi-nude dance whether captured and displayed in films, video images, audio visual
images, still images, graphics or by any other means and which any artistic or have
educational value;
(2) sexually arousing obscene books, periodicals, sculptures, effigies, figurines, cartoons or
leaflets.
(3) negative and soft versions of the matters mentioned in sub-section (1) or (2);

9… Which Section prohibit pornography activities. Describe the procedure of investigation,

caesar and trial of pornography activities.
4. Pornography shall not be produced, stored, marketed, transported, supplied, purchased,
sold, possessed or displayed.
Investigation 5
. (1) In the case of investigation of any offense committed under this Act, the Sub-Inspector
of Police or any officer not below the rank of his equivalent shall conduct the investigation as
Investigating Officer in accordance with the provisions of the Code of Criminal Procedure.
(2) The period of investigation of any offense committed under this Act shall be 30 (thirty)
working days and if it is not possible to complete the investigation within the said period for
reasonable reasons, an additional 15 (fifteen) working days with the approval of the
Superintendent of Police or an officer of equivalent rank or, as the case may be, a superior
officer. Time can be extended.
(3) If, for reasonable reasons, it is not possible to complete any investigation within the
period specified in sub-section (2), with the approval of the court, the period shall be
extended by an additional thirty (30) working days.

Search, seizure etc.6.

(1) An officer not below the rank of Sub-Inspector of Police or any other competent person
or authority empowered by the Government may, following the procedure laid down in the
Code of Criminal Procedure, conduct a search in the case of the immediate arrest of any
person involved in an offense or in the case of the recovery or seizure of any pornographic
equipment. .
(2) Seized during search soft copy, converted hard copy, CD, VCD, DVD, computer or any
other device or accessories, mobile phone or its parts, any other device or parts or
equipment used in commission of crime, any information or memory stored by electronic
means. , etc. will be used as evidence in court.
(3) In the course of investigation of any offense committed under this Act, to the Bangladesh
Telecommunication Regulatory Commission or any other government competent authority,
mobile operators, internet service providers, legitimate VoIP service providers including the
government or any other competent authority licensed or authorized by the government as
part of the normal course of action. The stored information or any particular information
collected by the investigating officer during the investigation will be used as evidence in the
court.

Procedure 11. The trial of offenses committed under this Act shall be in accordance with the
procedure described in the Code of Criminal Procedure:
Provided that the Government may, by notification in the Official Gazette, delegate
jurisdiction to a special court or tribunal to try offenses committed under this Act.

10. ….What are the punishments for pornography activities?

8. (1) If any person produces pornography or procures and contracts participants for the
production or compels any woman, man or child to participate or entices any woman, man or
child to participate in any still image, video image or film with or without his knowledge. If
caught, he will be deemed to have committed a crime and for such crime he will be punished
with rigorous imprisonment up to 7 (seven) years and fine up to 2,00,000 (two lakh) taka.
(2) If a person harms the social or personal dignity of another person through pornography,
or extorts money or any other advantage through intimidation, or mentally tortures a person
through pornography, with or without the knowledge of any person, he shall be deemed to
have committed an offense and such offense For this, he will be punished with rigorous
imprisonment up to 5 (five) years and fine up to 2,00,000 (two lakh) taka.
(3) Any person who supplies pornography through the internet or website or mobile phone or
any other electronic device shall be deemed to have committed an offense and shall be
liable to rigorous imprisonment for a term which may extend to 5 (five) years and to a fine of
2,00,000 (two lakhs). Shall be fined up to Rs.
(4) If any person causes public nuisance by displaying pornography, he shall be deemed to
have committed an offense and shall be punished with rigorous imprisonment for a
maximum of 2 (two) years and with a fine of up to 1,00,000 (one lakh) Taka.
(5) any person—
(a) sells, rents, distributes, supplies, publicly displays or in any way promotes pornography
or prepares, produces, transports or stores it for all or any purpose; or
(b) disseminate any form of advertisement about any pornography receiving location; or
(c) undertakes to commit any act punishable under this sub-section;
— He shall be deemed to have committed an offense and for such offense he shall be
punished with rigorous imprisonment for a term not exceeding 2 (two) years and with a fine
of up to 1,00,000 (one lakh) Taka.
(6) Any person who produces, distributes, prints and publishes pornography using a child or
sells, supplies or displays child pornography or advertises any child pornography shall be
deemed to have committed an offense and shall be liable to imprisonment for a maximum of
10 (ten) years for such offence. shall be punished with rigorous imprisonment and a fine up
to 5,00,000 (Five Lakhs) Taka.
(7) Every person directly involved in or aiding and abetting any offense committed under this
Act shall be punished with the same penalty.

18. What are their works Digital Security Agency, Forensic Lab, Emergency response team?
How they are made?

5. Establishment of Agency, Office, etc.(1) For carrying out the purposes

of this Act, the Government shall, by notification in the official Gazette, establish
an Agency to be called the Digital Security Agency consisting of 1 (one) Director
General and 2 (two) Directors.
(2) The head office of the Agency shall be in Dhaka, but the Government
may, if necessary, set up its branch offices at any place in the country outside of
Dhaka.
(3) The powers, responsibilities and functions of the Agency shall be
prescribed by rules.
6. Appointment of the Director General and the Directors, tenure, etc.(1)
The Director General and the Directors shall be appointed by the Government
from among the persons specialist in computer or cyber security, and the terms
and conditions of their service shall be determined by the Government.
(2) The Director General and the Directors shall be full time employees of
the Agency and shall, subject to the provisions of this Act and rules made
thereunder, perform such functions, exercise such powers and discharge such
duties as may be directed by the Government.
(3) If a vacancy occurs in the office of the Director General, or if the Director
General is unable to perform his duties on account of absence, illness or any
other cause, the senior most Director shall provisionally perform the duties of the
Director General until the newly appointed Director General assumes his office
or the Director General is able to resume the functions of his office
.
10. Digital forensic lab.(1) For carrying out the purposes of this Act, there
shall be one or more digital forensic labs under the control and supervision of the
Agency.
(2) Notwithstanding anything contained in sub-section (1), if any digital
forensic lab is established under any authority or organisation of the Government
before the commencement of this Act, the Agency shall, subject to fulfilment of
the standard prescribed under section 11, give recognition to the forensic lab and
in such case, the lab shall be deemed to have been established under this Act.
(3) The Agency shall make co-ordination among the digital forensic labs.
(4) The establishment, use, operation and other matters of the digital forensic
lab shall be prescribed by rules.

9. Emergency Response Team.(1) For carrying out the purposes of this

Act, there shall be a National Computer Emergency Response Team under the
Agency, for discharging duties on full time basis.
(2) Any critical information infrastructure declared under section 15 may, if
necessary, form its own Computer Emergency Response Team, with the prior
approval of the Agency.
(3) The Computer Emergency Response Team shall consist of the persons
expert in digital security and, if necessary, members of law and order enforcing
force.
(4) The Computer Emergency Response Team shall discharge its duties in
such manner as may be prescribed by rules, on full time basis.
(5) Without prejudice to the generality of sub-section (4), the Computer
Emergency Response Team shall discharge the following duties, namely:
(a) to ensure the emergency security of the critical information
infrastructure;
(b) to take immediate necessary measures for remedy if there is any
cyber or digital attack and if the cyber or digital security is affected;
or
(c) to take necessary initiatives to prevent probable and imminent
cyber or digital attack;
(d) to take overall co-operational initiatives, including exchange of
information with any similar type of foreign team or organization,
for carrying out the purposes of this Act, with the prior approval of
the Government; and
(e) to do such other act as may be prescribed by rules.
(6) The Agency shall supervise and make co-ordination among the Computer
Emergency Response Teams.

19. What are the functions of Cyber Tribunal and Cyber Appellate Tribunal? How are these
constituted?

68. Establishment of Cyber Tribunal.—(1) The Government shall, by notification in the

Official Gazette, establish one or more Cyber Tribunals to be known as Tribunal at times for
the purposes of speedy and effective trials of offences committed under this Act. (2) Cyber
Tribunal established under sub-section (1) of this section in consultation with the Supreme
Court shall be constituted by a Session Judge or an Additional Session Judge appointed by
the Government; and similarly appointed a Judge to be known as “Judge, Cyber Tribunal.”
(3) Local jurisdiction of entire Bangladesh or jurisdiction of one or more Session Divisions
can be given to the Cyber Tribunal established under this Act; and the Tribunal only
prosecutes the offences committed under this Act. (4) The on-going prosecution of any case
of any Session Court shall not be suspended or transferred automatically to the Tribunal of
local jurisdiction concerned due to tendering of local jurisdiction of entire Bangladesh or
parts of jurisdiction constituted by one or more Session Divisions to the Tribunal established
by the Government later on, however, the Government by notification in the Official Gazette,
transfer the case to the Tribunal having special local jurisdiction. (5) Any Tribunal, taken
decision otherwise, shall not be bound to retaking statement of witness who has already
given statement, or taking rehearing or begin again any other activities already undertaken
under sub-section (1) of this section, however, the Tribunal shall continue the prosecution
from where it stood on the basis of already taken or presented statement from the witness.
(6) The Government, by order, shall define the place and time; accordingly the special
Tribunal shall conduct its activities from that place and time.

69. Trial procedure of Cyber Tribunal.--(1) Without written report of a police officer not below
the rank of Sub-Inspector or the prior approval of the Controller or any other officer
authorized by the Controller the special Tribunal shall not accept any offence trial. (2) The
Tribunal shall follow the rules mentioned in the Chapter 23 of the Code of Criminal
Procedure, if they are not inconsistent with the rules of this Act, which is used in Session
Court. (3) Any Tribunal shall not suspend any prosecution without having written reasons
and unless it is required for the sake of just adjudication. (4) If the Tribunal is in the opinion
that the accused person has been absconded and for that it is not possible to arrest him and
produce him before the Tribunal and there is no possibility to arrest him immediately, in that
case the Tribunal can order the accused person to appear before the Tribunal by publishing
such order in two mass circulated national Bengali dailies and if the accused person fails to
do so, the prosecution shall take place in his absence. (5) The rules mentioned in
sub-section (4) of this section shall not be applicable if the accused person fails to appear
before the Tribunal or absconded after getting bail. (6) The Tribunal can order any police
officer, or the Controller, or any officer authorized by the Controller, as the case may be, to
reinvestigate the case and submit the report within the stipulated time of its own initiative or
any application lodged to the Tribunal,

70. Application of code of criminal procedure in the activities of Tribunal.—(1) Rules of Code
of Criminal Procedure, as far as, are not inconsistent with the rules of this Act shall be
applicable in the activities of this Tribunal and it will have all the power as exercised by the
Session Court. (2) The person prosecuting the case on behalf of the Government in this
tribunal to be known as public prosecutor.

71. Rules relating to bail.—The Judge of Cyber Tribunal shall not bail any person accused in
committing crime under this Act, which is punishable, unless-- (a) Hearing opportunity is
given to the Government side on similar bail orders; (b) The Judge is satisfied that,--
(i) There is reasonable cause to believe that the accused person may not be proved guilty in
the trial; (ii) The offence is not severe in relative term and the punishment shall not be tough
enough even the guilt is proved. (c) He writes down the reasons of similar satisfactions.

72. Time limit to deliver verdict.--(1) The Judge of Cyber Tribunal shall give the verdict within
ten days from the date of completing of taking evidence or debate, what happened later,
unless he extends the time limit no more than ten days with having written reasons. (2) If the
verdict is given by the Cyber Tribunal under sub-section (1) of this section or any appeal is
lodged against the verdict to the Cyber Appellate Tribunal then Cyber Tribunal or Cyber
Appellate Tribunal concerned shall forward the copy of the verdict of the appeal to the
Controller for preserving it in the electronic records repository room established under
section 18 (7) of this Act.

82. Establishment of Cyber Appellate Tribunal.—(1) The Government shall, by notification in

the Official Gazette, establish one or more Cyber Appellate Tribunals to be known as
Appellate Tribunal. (2) Cyber tribunal established under sub-section (1) of this section shall
consist of one Chairman and two members to be appointed by the Government. (3) A person
shall not be qualified as the Chairman of a Cyber Appellate Tribunal unless he is, or has
been, or is qualified to be, a Judge of the Supreme Court and one of the members shall be
serving in judicial department or retired District Judge and the other member shall be a
person having adequate knowledge and experience in information and communication
technology. (4) Chairman and members shall be retained in the positions since the date of
joining between no less than three years and no more than five years and their terms of
reference shall be determined by the Government.

83. Procedure and powers of Cyber Appellate Tribunal.--(1) Cyber Appellate Tribunal shall
have the power to hear appeal and dissolving the verdict and order given by Cyber Tribunal
and Session Court, as the case may be. (2) In case of hearing and dissolving the appeal,
Cyber Appellate Tribunal shall follow the procedure defined by rules and if the rules do not
exist in that case Appellate Tribunal shall maintain the procedure in relation to hearing and
dissolving of criminal appeal followed by the High Court Division of the Supreme Court. (3)
Cyber Appellate Tribunal shall have the power to retain, revoke, alter, or rectify the verdict or
order made by the Cyber Tribunal. (4) The decision made by the Appellate Tribunal shall be
final.
 84. Appeal procedure in case of not establishing Cyber Appellate Tribunal.--If the Cyber
Appellate Tribunal has not been established, whatever contained in the Code of Criminal
Procedure,appeal shall be lodged in the High Court Division of Supreme Court against the
verdict and order given by the Session Court or Cyber Tribunal, as the case may be.