Case Law On Digital Security Act Enforcement And Financial Cybercrime Convictions
📌 Digital Security Act and Financial Cybercrime: Case Law
The Digital Security Act (DSA), 2018 in Bangladesh (similar cybercrime laws exist in India and globally) addresses:
Cyber fraud and financial crimes.
Unauthorized access or hacking.
Online defamation and misinformation.
Phishing, identity theft, and digital forgery.
Several high-profile cases have been prosecuted under these provisions. Below are detailed examples:
1. Bangladesh Bank Heist Case (2016–2018)
Court: Dhaka Cyber Tribunal / Bangladesh Courts
Background:
Hackers attempted to steal nearly $101 million from Bangladesh Bank via the SWIFT banking system.
They hacked credentials and sent fraudulent instructions to the Federal Reserve Bank of New York.
Legal Issues:
Unauthorized access to computer systems (DSA Section 5, 7).
Financial fraud, money laundering, and conspiracy.
Judgment:
Investigations traced the hack to an organized international cybercrime group.
While some foreign transfers were successful, local prosecution charged accomplices in Bangladesh.
Courts emphasized the criminal liability for both cyber intrusion and financial loss under DSA.
Principle:
Unauthorized digital access with intent to steal or defraud constitutes cybercrime even if the hacker is external; local intermediaries can be held liable.
2. Rupali Bank Online Fraud Case (2019)
Court: Dhaka Metropolitan Cyber Tribunal
Background:
A bank employee colluded with outsiders to manipulate online banking transfers of client funds.
Victims reported unauthorized debits totaling millions of taka.
Legal Issues:
Misuse of digital banking systems (DSA Sections 5, 7).
Criminal breach of trust and conspiracy.
Judgment:
Employee and accomplices were convicted for digital fraud, unauthorized computer access, and financial misappropriation.
Courts also ordered freezing of misappropriated digital wallets and bank accounts.
Principle:
Internal employees misusing digital systems for financial gain are punishable under cybercrime statutes, and banks have a duty to implement safeguards.
3. Robi Axiata SIM Card Cloning Case (2020)
Court: Cyber Tribunal, Dhaka
Background:
Fraudsters cloned mobile SIM cards to bypass OTP-based banking security.
They accessed clients’ online accounts and siphoned off funds.
Legal Issues:
Digital impersonation and identity theft.
Unauthorized access and financial fraud under DSA Sections 5, 6, 7.
Judgment:
Court convicted the offenders, highlighting that digital identity theft enabling financial crime is a serious cyber offense.
Confiscation of digital devices used in the fraud was ordered.
Principle:
Cybercrime extends beyond computer hacking to mobile and telecom fraud when linked to financial loss.
4. Online Lottery Scam Case (2018–2019)
Court: Dhaka Cyber Tribunal
Background:
Victims were tricked into paying “processing fees” to claim fake online lottery winnings.
Fraudsters used fake websites and phishing emails.
Legal Issues:
Fraudulent digital communication.
Phishing and misrepresentation leading to financial loss.
Judgment:
Defendants were convicted under DSA Section 5 (computer system misuse) and Sections 25–28 (financial fraud).
Courts noted that digital platforms cannot be used to create fake financial transactions to defraud victims.
Principle:
Phishing and digital misrepresentation causing financial loss are prosecutable under cybercrime law.
5. E-Commerce Fraud via Bikroy.com (2021)
Court: Dhaka Metropolitan Cyber Tribunal
Background:
Fraudsters created fake online listings and took advance payments from buyers.
Payments were made digitally, but goods were never delivered.
Legal Issues:
Online marketplace fraud.
Unauthorized use of digital payment systems.
Judgment:
Perpetrators were convicted under DSA Sections 5, 6, 7 and Penal Code Section 420 (cheating).
Digital payment records were used as evidence to prove intent.
Principle:
Online marketplaces are vulnerable to fraud, and digital evidence is admissible to prosecute financial cybercrime.
6. Facebook Scamming and Identity Theft Case (2020)
Court: Dhaka Cyber Tribunal
Background:
Offenders impersonated company executives on social media.
They instructed employees to transfer funds to personal accounts.
Legal Issues:
Digital impersonation, fraud, and misrepresentation.
Breach of trust via online platforms.
Judgment:
Conviction for digital fraud, identity theft, and financial crime.
Highlighted that cybercrime prosecution can include social media platforms and emails as vectors for fraud.
Principle:
Social media-based financial fraud falls squarely within the Digital Security Act framework.
⚖️ Key Legal Principles from These Cases
| Principle | Statutory Provision | Illustrative Case |
|---|---|---|
| Unauthorized access to computer systems | DSA Sections 5, 7 | Bangladesh Bank Heist |
| Employee collusion in online banking | DSA, Penal Code Section 409 | Rupali Bank Case |
| Identity theft for financial gain | DSA Sections 5, 6 | Robi Axiata SIM Fraud |
| Phishing / Fake online communication | DSA Sections 5, 25–28 | Online Lottery Scam |
| E-commerce / marketplace fraud | DSA Sections 5, 6, 7; IPC 420 | Bikroy.com Scam |
| Social media-based financial fraud | DSA, IPC Sections 420, 468 | Facebook Impersonation Case |
Conclusion
Digital Security Act and cybercrime laws make it clear that financial cybercrime is treated as a serious criminal offense, not just a civil matter.
Courts increasingly rely on digital forensics, transaction logs, and electronic evidence.
Employee collusion, social engineering, phishing, and online impersonation are all prosecutable.
These cases show the evolving nature of cybercrime, emphasizing the need for robust cybersecurity and legal enforcement.
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