Cyber and Telecommunication Law

Green University of Bangladesh
Department of Law
Subject: Cyber and Telecommunication Law
Assignment Topic:
Cyber Tribunal and Cyber Appellate Tribunal under
ICT Act, 2006.
Submitted To:
Name: Dr. Md Arifuzzaman
Senior lecturer
Department of Law
Submitted By:
Name: Naymul Hasan Student
ID: 193011020
Department of Law
Date of Submission: 18 November 2020

What is Tribunal?
Tribunal are the Courts or other adjudicatory bodies with
judicial or quasi-judicial functions set up either by the
constitution or by the statute and exist outside the usual judicial
hierarchy of the Supreme Court of Bangladesh but under its
control.
Cyber Tribunal
Government of Bangladesh by gazette notification, for the
purpose of quick and effective trial of the crimes committed
under the ICT ACT established one or more Cyber Tribunal
under Section 68(1) of the Act. This Cyber Tribunal is stated in
the Act as how it will be composed of.
 A Session Judge or
 Additional Session Judge
Appointed by the Government with the consultation of the High
Court Division.
Continue
Such a judge appointed will be introduced as "judge" of Cyber
Bangladesh. As we have only one Cyber Tribunal which is
situated in Dhaka Judge Court and runs
with the matter relating to ICT Act of the whole Bangladesh.
From time to time it will be increased more. This court runs with
the offences which are Tribunal for the Whole committed by the
Act.
This Special Tribunal may sit and continue its procedure on a
place at a certain time and government will dictate all this by its
order.
Procedure of Trial in Cyber Tribunal

According to Section 69(1) of ICT Act, 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 the authority
from the controller for the purpose.
This Tribunal shall for the purpose of trial will follow Chapter
23 >Trial by Court of Session<under the Code of Criminal
Procedure, trial in session court.
In Case Absent
When the Accused person having bail, after being present before
the tribunal, if he is missing or if he fails to present in front of
the tribunal, in that case sub - section 4 of 69 will not be
applicable.
Trial in Absentia
In that case that tribunal with absence of that person,
try him registering its decision. This tribunal may in
writing give judgment of the absent of that person This tribunal
also may of its own effort, give the order to re-investigate any
case made under this Act and give order to submit report in a
prescribed time by the authority to any Police Officer or in case
of any authority from the Controller.
Application of Criminal Procedure in Procedure of

Tribunal
Section 7o of ICT Act - 2006 says the laws of Criminal
Procedure as far as possible, being not contrary to this Act be
applicable to the procedure of the tribunal and the tribunal will
have all the Original Jurisdiction of the Session Judge.
The advocate on behalf of the Government shall be known as
the Public Prosecutor who will open the case.
Bail Rules
According to Section 71 of ICT act says -
It will not bail to any person accused of under the Act, unless-
 The Government side is given scope for hearing on the
grounds of bail.
 The judge is satisfied that: -
i) there is enough ground to believe that the accuse might not be
proved guilty.
(ii) The Crime in prima facie view is not too heavy for
punishment even the crime is proved, will not be hard.
Time limitation for giving Judgment

Section- 721) of the Act, said the tribunal should finish
examination of witness or evidence or hearing. Whichever
occurs later, will give judgment within ten days if he does not
extend the time not more than ten days with written reasons for
that.
When any judgment is given under sub-sec (G) of the section or
if any appeal to the cyber appeal tribunal is made against the
Judgment then the copy of the appeal judgment will be sent to
the Controller by the Cyber Tribunal or Appellate Tribunal to
reserve it according to Section 18(7) of the Act. After sending
the copy, the Controller will take proper Action with proper
process.
Disposal of a Case in Tribunal
Section 73 of the Act says, any case under this tribunal shall
from the filing of the case shall be pronounced its judgment
within Six Months.
If Fails then - a Written Statement by stating with the proper
reason time shall be increased for three months.
If fails to conclude within that time then the judge has to submit
a paper to High Court and the Controller stating the reasons
behind the delay.
Justice By Session Court
Sectiob-74 Says, unless if the Special Tribunal formed for the
proceeding, then Crimes made under this act shall be judged
under Session Judge.
In this regard Chapter - 23 of the Code of Criminal Procedure
shall be followed.
Investigation of Crim
Section 76(2) of the 1CT Act says, the crimes under this Act
shall be considered as both.
 Cognizable offence (Non - Bail-able) Sections- 54,56,57 &

61 of the Act.
 Non - Cognizable Offence (Bail-able) Sections- 55, 58, 59,

60, 62, 63, 64 & 65.
Cyber Appellate Tribunal

Section 82 -(1) of the act provides that Government shall by
notification in the official Gazette, established one or more
Appellate Tribunal to be known as Cyber Appellate Tribunal. It
shall be Composed of: -
 A Chairman (appointed by the Government)

 Two Members (appointed by the Government)
Though this Cyber Appellate Tribunal does not vest any
Original Jurisdiction, it has been vested with the powers of a
Civil Court in respect of interrail.
 Summoning and examination of Witnesses
 Requiring production of Documents
 Receiving evidence
 Issuing Commissions
 Reviewing its decisions
Effectiveness of Cyber Tribunal in BD

Cyber Crime Tribunal has been set up based on the ICT act for
dealings with this matter but we have only one Cyber Tribunal
situated in Dhaka Judge Court which is not enough for
conducting the cases.
Officials before the formation said that "the Cyber Tribunal, the
first of its kind in the country, will be empowered to conclude
trials within six months.
For this reason, a case now increasing its time from six months
to two years sometimes.
Statistics of Cyber Tribunal in BD
Only 5% conviction rate in cybercrime cases over 5 years-
Dhaka Tribune (3o January 2018).
There have been only 16 successful convictions across 12 of the
236 cases heard before the tribunal since its inception in
February 2013.
In 129 of the other cybercrime cases, the accused were cleared
of all charges in the final report submitted before the tribunal by
police.
The tribunal discharged the accused in a further 59 cases without
taking charges into cognizance, while the defendants in 36 cases
were acquitted as the prosecution failed to prove the charges
during the trial.
Arrest Without Warrant

Our ICT act recognized the polices to arrest without warrant.
 In any Public Place may do so.
 In any Private Place should be allowed with a letter of
authorization from the concerned unit head.
Arrest, Investigation, Notice, Search or Confiscation under this

Act shall follow the Code of Criminal Procedure.
Continue
Experts claimed the main reason the prosecution has been
failing to prove allegations is their lack of knowledge
Technology (ICT) and negligence.
sources from among lawyers also alleged that the high acquittal
rate was due to the prosecution being weak in the handling of
cybercrime cases.
Qazi Zahed Iqbal, a lawyer who has dealt with a number of
cybercrime-related cases, told the Dhaka Tribune that
investigation officers are submitting faulty probe reports due to
their poor knowledge about on Information Communication ICT.
Continue
The prosecution lawyers are also not experienced in dealing
with cybercrime cases (and) have some weakness as this is a
new type of offence.
The prosecution lawyers are not properly producing witnesses
before the court to give testimonies in the cases.
Now, the criminal investigation department (CID), Police
Bureau of Investigation (PBI) and the cybercrime unit of Dhaka
Metropolitan police (DMP) are giving training to the
investigation officers of the ICT cases recently.
Recommendations
Since the formation of the Cyber Tribunal (Bangladesh) in
February 2013, more reports of cybercrimes have surfaced.
Out of a total of 465 cases, the tribunal received three cases in
2013, 33 in 2014, 152 in 2015 and 233 in 2016.
 We have to set up minimum one Cyber Tribunal in each

Division for reducing the number of cases and shift those
cases to the particular divisions.
 We have to established one Cyber Appellate Tribunal in
Bangladesh.
 Judges and Lawyers for this tribunal should be trained or
disputing this problem in exact way.
-----Thank you-----

Cyber and Telecommunication Law

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Cyber and Telecommunication Law

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Green University of Bangladesh

Date of Submission: 18 November 2020

Procedure of Trial in Cyber Tribunal

Application of Criminal Procedure in Procedure of

Time limitation for giving Judgment

 Cognizable offence (Non - Bail-able) Sections- 54,56,57 &

 Non - Cognizable Offence (Bail-able) Sections- 55, 58, 59,

Cyber Appellate Tribunal

 A Chairman (appointed by the Government)

Effectiveness of Cyber Tribunal in BD

Arrest Without Warrant

Arrest, Investigation, Notice, Search or Confiscation under this

 We have to set up minimum one Cyber Tribunal in each

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