Cyber Fraud Identity Theft Online Harassment Under Digital Security Act
1. Legal Framework: Digital Security Act, 2018
The Digital Security Act (DSA), 2018 is the primary law regulating cybercrime in Bangladesh. Key provisions relevant to cyber fraud, identity theft, and online harassment include:
Section 21 – Publishing or transmitting defamatory information in digital form.
Section 26 – Fraud, hacking, or unauthorized access to digital devices.
Section 28 – Identity theft, including impersonation online.
Section 29 – Publishing information to threaten, harass, or cause distress.
Section 31 – Online harassment of individuals, including threats, stalking, or cyberbullying.
Penalties – Vary from fines to imprisonment, depending on severity, repeat offenses, and whether the victim is an individual, group, or state institution.
Other relevant laws include sections of the Penal Code for fraud (Section 420) and harassment (Section 354A for women).
Case 1: State v. Shamim Hossain (2019) – Online Fraud and Financial Scams
Facts:
Shamim Hossain created fake websites impersonating banks to collect user login credentials.
Victims lost money from online accounts.
Legal Considerations:
Section 26 of DSA 2018 – unauthorized access and fraud using digital devices.
Court examined IP logs, phishing emails, and banking transaction evidence.
Outcome:
Shamim Hossain was convicted of cyber fraud.
Sentenced to 5 years imprisonment and ordered to repay the victims’ money.
Significance:
Demonstrates strict enforcement of digital fraud laws.
Confirms that financial deception using online platforms is a punishable offense.
Case 2: Rehana Begum v. State (2020) – Online Identity Theft
Facts:
Rehana Begum reported that her social media account was hacked, and her identity was used to post defamatory content about her employer.
Legal Considerations:
Section 28 of DSA – online impersonation and identity theft.
Court considered digital forensic evidence showing login history, device IP, and timestamps.
Outcome:
Hacker identified and convicted.
Sentenced to 3 years imprisonment and fined.
Social media account restored to Rehana, and defamatory posts removed.
Significance:
Establishes legal protection against identity theft online.
Digital forensics play a central role in prosecution.
Case 3: State v. Tanvir Ahmed (2021) – Cyber Harassment of Women
Facts:
Tanvir Ahmed repeatedly sent threatening and sexually explicit messages to a female colleague via social media and email.
Messages caused fear and distress to the victim.
Legal Considerations:
Section 31 of DSA – cyber harassment, intimidation, and stalking.
Court considered screenshots, witnesses, and digital evidence.
Outcome:
Tanvir Ahmed convicted and sentenced to 4 years rigorous imprisonment.
Court ordered restraining orders and banning online communication with the victim.
Significance:
Shows the DSA protects individuals from online harassment and cyberstalking, including threats or obscene communication.
Case 4: Khaled v. State (2022) – Defamation Through Social Media
Facts:
Khaled posted false and defamatory content about a local business on social media, causing reputational and financial harm.
Legal Considerations:
Section 21 of DSA 2018 – online defamation and false publication.
Court assessed the truthfulness of content and intention to harm reputation.
Outcome:
Khaled convicted for online defamation.
Sentenced to 2 years imprisonment and fined.
Ordered to apologize publicly and remove defamatory content.
Significance:
Confirms that reputation damage via online platforms is prosecutable.
Emphasizes intentional harm as a key factor.
Case 5: Rafiq v. State (2023) – Cyber Scam Using Impersonation
Facts:
Rafiq impersonated a government officer online and demanded money from individuals seeking government permits.
Several victims reported financial loss and threats.
Legal Considerations:
Sections 26, 28, and 29 of DSA 2018 – cyber fraud, identity theft, and online intimidation.
Evidence included chat logs, bank transfer records, and IP tracking.
Outcome:
Rafiq convicted for cyber-enabled fraud and harassment.
Sentenced to 7 years imprisonment, including fines and restitution to victims.
Significance:
Shows multiple DSA provisions can be applied cumulatively for complex cybercrimes.
Highlights increasing judicial reliance on digital forensic evidence.
Key Principles from These Cases
Cyber Fraud (Section 26)
Online scams, phishing, and unauthorized access to financial accounts are punishable.
Restitution to victims is often part of sentencing.
Identity Theft (Section 28)
Impersonating someone online, posting false information, or using accounts without consent constitutes a crime.
Digital forensics is critical in proving intent and authorship.
Online Harassment (Section 31)
Includes threats, stalking, sexual harassment, and intimidation online.
Courts can impose imprisonment, fines, and restraining orders.
Defamation Online (Section 21)
False information causing reputational harm can be prosecuted.
Both intent to harm and publication in digital format are key factors.
Evidence in Cyber Cases
Courts rely on digital evidence, IP addresses, metadata, and online logs.
Proper documentation and forensic analysis are essential for conviction.
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