Prosecution Of Atm Card Cloning Under Digital Security Act
1. Legal Framework
Relevant Provisions of the Digital Security Act, 2018
Section 3 – Unauthorized Access
Criminalizes accessing any digital device, account, or banking system without authorization.
Section 4 – Digital Fraud and Identity Theft
Covers fraud committed through digital means, including cloning, hacking, or phishing.
Section 6 – Cybercrime against financial systems
Deals with electronic fraud, ATM card cloning, online theft, and financial scams.
Section 25 – Publishing/Transmitting False Data
Can apply if cloned card details are used to transmit false data or manipulate accounts.
Penal Code Sections invoked simultaneously:
Section 420 – Cheating
Section 468 – Forgery
Section 419 – Cheating by personation
Criminal Elements in ATM Card Cloning
Unauthorized access to ATM card data.
Replication or duplication of the card or PIN.
Use of cloned card to withdraw or transfer funds.
Intent to defraud the account holder or bank.
Punishments under DSA:
Digital fraud can carry imprisonment up to 10 years, fines, or both.
If the offense involves organized crime or large-scale financial loss, the punishment can escalate to life imprisonment under Penal Code sections combined with DSA.
2. Case Illustrations
Case 1: Dhaka City – ATM Skimming Scam (2017)
Facts:
A gang installed skimming devices on ATM machines in Banani, Dhaka.
Victims reported unauthorized withdrawals totaling over Tk 15 lakh within a week.
Charges:
Digital Security Act, Sections 3, 4, 6
Penal Code Sections 420, 468
Investigation & Prosecution:
Cyber crime unit traced cloned card usage patterns.
Suspects were arrested; devices and cloned cards seized.
Outcome:
Four suspects were convicted; sentences ranged from 7–10 years imprisonment.
Heavy fines imposed to compensate affected account holders.
Significance:
Shows application of DSA in combination with traditional Penal Code for ATM fraud.
Highlights technical evidence collection (devices, card clones, CCTV).
Case 2: Chittagong – International Card Cloning (2018)
Facts:
Three suspects were operating cloned cards using data stolen online and sold via underground networks.
Victims included both domestic and international bank account holders.
Charges:
DSA Sections 3, 4, 6
Sections 420 and 419 Penal Code
Investigation & Prosecution:
Evidence included card readers, cloned cards, laptops, and transaction logs.
RAB coordinated with the bank’s IT department.
Outcome:
Sentenced to 10 years imprisonment and fines.
One suspect received extended sentence for international involvement.
Significance:
Demonstrates cross-border cyber fraud.
Highlights multi-agency cooperation in prosecution.
Case 3: ATM Card Cloning via Mobile App Fraud – Sylhet (2019)
Facts:
Two men cloned ATM card data using fake mobile banking apps.
They withdrew Tk 6 lakh from various ATMs using cloned card information.
Charges:
Sections 3, 4, 6 of DSA
Sections 420, 468, and 34 (common intention) of Penal Code
Investigation & Prosecution:
Mobile apps and server logs were examined.
Bank account transactions were traced to cloned cards.
Suspects confessed during interrogation.
Outcome:
Convicted for 8 years rigorous imprisonment.
Confiscation of devices and accounts used in fraud.
Significance:
Shows evolution of ATM fraud through mobile apps.
Section 34 applied for joint criminal liability.
Case 4: Rajshahi – ATM Skimming at Rural ATMs (2020)
Facts:
Rural ATM machines were targeted by local gang using skimming devices and cameras.
Victims reported withdrawals exceeding Tk 3 lakh in two weeks.
Charges:
DSA Sections 3, 4, 6
Penal Code Sections 420 and 468
Investigation & Prosecution:
Police recovered skimming devices, hidden cameras, and cloned cards.
Forensic analysis confirmed cloning of ATM cards.
Outcome:
Gang members sentenced to 7 years imprisonment each.
Community awareness programs were conducted to prevent further incidents.
Significance:
Highlights vulnerability of rural ATMs.
Demonstrates the need for preventive and forensic measures.
Case 5: Khulna – ATM Cloning Using Shoulder Surfing (2021)
Facts:
Suspects observed PIN entry at ATMs and combined it with stolen card numbers to clone cards.
Withdrawals totaled Tk 10 lakh over one month.
Charges:
DSA Sections 3, 4, 6
Penal Code Sections 420, 468, 419
Investigation & Prosecution:
CCTV footage and ATM withdrawal logs used as evidence.
Cloned cards and laptops recovered.
Outcome:
Convicted; 9 years imprisonment plus fines.
Preventive instructions issued to banks on camera installation and monitoring.
Significance:
Shows use of social engineering combined with technical cloning.
Highlights importance of victim awareness in prosecution.
Case 6: ATM Cloning Gang Arrest – Dhaka (2022)
Facts:
Organized gang cloned hundreds of ATM cards using devices installed on multiple ATMs.
Victims reported losses exceeding Tk 50 lakh.
Charges:
DSA Sections 3, 4, 6
Penal Code Sections 420, 468, 34
Investigation & Prosecution:
Multi-agency cooperation with banks, cybercrime units, and telecom operators.
Evidence included cloned cards, skimming devices, and bank transaction logs.
Outcome:
Main perpetrators sentenced to 10 years rigorous imprisonment.
Rest of gang sentenced to 7 years each.
Fines imposed for victim compensation.
Significance:
Demonstrates large-scale organized ATM fraud.
Highlights combined use of digital evidence and traditional Penal Code provisions.
3. Key Takeaways
Criminal Liability under DSA:
Unauthorized access, data theft, cloning, and financial fraud.
Combined with Penal Code provisions for cheating, forgery, and criminal conspiracy.
Evidence Required:
Skimming devices, cloned cards, laptops, mobile apps
Bank transaction logs, CCTV footage, witness statements
Confession or forensic evidence linking suspects to cloned card use
Punishments:
DSA provides 7–10 years imprisonment for digital fraud
Additional sentences under Penal Code depending on financial loss, conspiracy, and organized crime
Patterns in Prosecution:
Multi-agency cooperation (banks, police, cybercrime units)
Rapid forensic examination of digital devices
Combined prosecution under DSA and Penal Code ensures stronger convictions
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