CYBER PROTECTION ACT · CABINET DRAFT

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#1New
Section 1 · p. 1

1. Short title and commencement.—(1) This Act shall be called the ‘Cyber Protection (Amendment) Act, 2026’.

#2New
Section 2 · p. 1

(A) ‘Court’ means the court of a Magistrate of the First Class or, where applicable, a Cyber Tribunal constituted under section 68 of the Information and Communication Technology Act, 2006 (Act No. 39 of 2006);

#3New + Crossed
Section 2 · p. 6

(AC) ‘Cyberspace’ means the entire physical and virtual world of all interconnected digital devices and digital networks (such as the internet, websites, telecommunications systems, computer networks, quantum computing, blockchain computing, machine learning and artificial intelligence networks, gaming networks, computer-aided manufacturing, machine vision, cloud computing, the Internet of Things, social media and all other state-of-the-art electronic and optical communications systems in which all types of human and non-human online activities take place, including data creation, data mirroring, access, transmission, storage and management); and digital devices, computers, computer systems, computer data, signalling data, traffic data and data generated by artificial intelligence also, etc., shall be included within it;

#4New
Section 8 · p. 9

(2) If a law enforcement agency, the Ministry of Information and Broadcasting or any other agency or force authorised by the Government has reason to believe, on the basis of an analysis of information and data, that any information, disinformation or rumour published or disseminated in cyberspace or through a digital or electronic medium —(A) undermines the country’s integrity, security, defence or public order, or poses a risk of undermining them; (B) incites religious or communal hatred or ethnic violence or poses a risk of doing so; (C) provides instructions for disorder or criminal activities; or (D) is defamatory towards any person or institution, or derogatory towards the State—then the law enforcement agency, the Ministry of Information and Broadcasting or any other agency or force authorised by the Government shall take the necessary measures through the Director General to remove or block that information or data or, as applicable, transfer it, and may request the BTRC to act where applicable.

#5Crossed
Section 8 · p. 9

(3) Upon receiving a request under subsections (1) and (2), or an order of the Tribunal, the BTRC or the relevant agency of the Information and Communication Technology Division shall, in appropriate cases, request the technology company to remove or, as applicable, block the information or data, and shall thereafter inform the Government and, if any content is blocked, the Government shall, in the interest of transparency, take measures to publicly disclose information about all blocked content.

#6New + Crossed
Section 8 · p. 9

(4) Where information or data is removed, transferred, as applicable, or blocked under subsections (1), (2) and (3), permission of the relevant Tribunal shall be obtained in the matter within 3 (three) days, and if permission is not obtained within that period, or the Tribunal does not grant permission, the information or data that has been removed or, as applicable, transferred or blocked must be made accessible again. any person aggrieved as a result may apply to the Agency or the Court to have it made accessible, and the Agency or the Court may dispose of the application after giving the Government or the relevant party an opportunity to be heard.

#7New
Section 8 · p. 9

Explanation.—For the purposes of this section, ‘aggrieved person’ means any person or institution—(A) against whom action has been taken under subsections (1), (2) and (3); (B) the term shall also include the aggrieved person’s legal representative, guardian, family member or any other person with a legitimate interest.

#8Crossed
Section 12 · p. 13

(B) Minister, State Minister and Deputy Minister, Ministry of Posts, Telecommunications and Information Technology;

#9New
Section 12 · p. 13

(C) Minister, Ministry of Home Affairs;

#10New
Section 12 · p. 13

(D) Minister, Ministry of Foreign Affairs;

#11New
Section 12 · p. 13

(F) Minister, Ministry of Information and Broadcasting;

#12New
Section 12 · p. 13

(G) Cabinet Secretary, Cabinet Division;

#13New
Section 12 · p. 13

(O) Secretary, Ministry of Information and Broadcasting;

#14Crossed
Section 12 · p. 13

(T) Chairperson, National Human Rights Commission;

#15New + Crossed
Section 14 · p. 14

(2) Meetings of the Council shall be held at least once every 3 (three) 6 (six) months, and at any time in an emergency, on the date and at the time and place determined by its Chairperson.

#16New
Section 20 · p. 17

20. Offence of gambling in cyberspace and penalty. [Omitted]

#17New
Section 25 · p. 19

25. Offences and penalties relating to sexual harassment, blackmailing, or publication of obscene content and defamatory information.—(1) If any person intentionally or knowingly, through a website or any other digital or electronic medium, with the intention of blackmailing or sexually harassing another person, or engaging in revenge porn, digital child sexual abuse material (child sexual abuse material), or sextortion, defamation, disparagement or bullying, transmits, publishes or disseminates, or threatens to transmit, publish or disseminate, any information or data that is harmful or intimidating and that has been created, received or stored for that purpose, including information, audio, video images, audiovisual images, still images, graphics or any other displayable information or data recorded or edited by any other means, or generated or edited using artificial intelligence, then such conduct by that person shall constitute an offence.

#18New + Crossed
Section 25 · p. 19

(2) If any person commits an offence under subsection (1), that person shall be punished with imprisonment for a term not exceeding 2 (two) 5 (five) years, or a fine not exceeding 10 (ten) 20 (twenty) lakh taka, or both.

#19New + Crossed
Section 25 · p. 19

(3) If any person commits an offence under subsection (1) against a woman or a child not over 18 (eighteen) years of age, that person shall be punished with imprisonment for a term not exceeding 5 (five) 10 (ten) years, or a fine not exceeding 20 (twenty) 40 (forty) lakh taka, or both.

#20New
Section 25 · p. 19

Explanation 1.—For the purposes of this section, ‘blackmailing’ means a threat or intimidation whereby a person compels another person to provide an unlawful benefit or service, or to perform a requested act, by threatening to disclose that other person’s confidential information or to cause harm.

#21New
Section 25 · p. 19

Explanation 2.—For the purposes of this section, ‘defamation’ means Defamation as described in section 499 of the Penal Code, 1860 (Act No. XLV of 1860); and the term shall also include any information, data, statement, audio, video, audiovisual image, still image or graphic disseminated or displayed with the intention of damaging a person’s reputation, dignity or character—that is false, distorted, misleading, insulting or harmful and is recorded or edited through a digital or electronic medium, or created, edited or altered using artificial intelligence.

#22New
Section 25 · p. 19

Explanation 3.— ‘Disparagement’ means undermining a person’s dignity, honour, reputation or social standing through any words, conduct, publication, suggestion or activity, as a result of which that person appears to others as humiliated, insignificant, inferior or dishonourable, or that person’s social standing or reputation is harmed.

#23New
Section 25 · p. 19

Explanation 4.— ‘Bullying’ means any intentional, planned and repeated behaviour or act by a person or group towards another person or group, using their actual or perceived power, influence or dominance, which may be carried out or expressed through physical, verbal, social, digital or any other means, and which causes that person or group to suffer physical or psychological harm or distress, to be intimidated, or to experience social exclusion, isolation or loneliness.

#24New
Section 26A · p. 20

26A. Dissemination of rumours, disinformation, etc. in cyberspace and the penalty therefor.— (1) If any person publishes or disseminates rumours and disinformation in cyberspace, that person’s conduct shall constitute an offence.

#25New
Section 26A · p. 20

(2) If any person commits an offence under subsection (1), that person shall be punishable with imprisonment for a term not exceeding 10 (ten) years, or a fine not exceeding 40 (forty) lakh taka, or both.

#26New
Section 26A · p. 20

Explanation 1.— For the purposes of this section, ‘rumour’ means any unsubstantiated or unverified information, news or claim that causes, or may cause, public confusion, panic, agitation or social unrest.

#27New
Section 26A · p. 20

Explanation 2.— For the purposes of this section, ‘disinformation’ means any false, distorted or misleading information that is intentionally created, published or disseminated for the purpose of misleading, deceiving or harming a person, the public, an institution or the State.

#28New + Crossed
Section 28 · p. 20

(3) The Tribunal court may, on the basis of a written complaint by the affected person or a person authorised by them, or on its own motion, receive a complaint concerning an offence committed under this section and try the case.

#29New
Section 29 · p. 20

(3) If a company is found guilty under subsection (2), the court may order the suspension, cancellation or prohibition of that company’s registration, licence or activities.

#30New
Section 29 · p. 21

(A) ‘Company’ means a company formed and registered under the Companies Act, 1994 (Act No. XVIII of 1994); and, for the purposes of this Act, any commercial establishment, partnership business, society, association, trust, statutory body or other institution having legal personality shall also be deemed a ‘company’.

#31New + Crossed
Section 30 · p. 21

30. Power to order compensation.— If any person commits an offence under this Act, the Tribunal court may order that the affected person or institution be paid, as compensation, an amount equal to the loss caused or an amount it considers appropriate, out of the fine imposed by the Tribunal court or in addition to the fine.

#32New + Crossed
Section 31 · p. 21

(2) Notwithstanding anything contained in subsection (1), if, at the outset of a case or at any stage of the investigation, it appears that an investigation team needs to be formed for the proper investigation of that case, the Tribunal court may form a joint investigation team comprising the investigating organisation, law enforcement agencies and the Agency.

#33New + Crossed
Section 32 · p. 21

(C) If the officer fails to complete an investigation within the time prescribed under clause (B), the officer shall record the reasons and inform the Tribunal court of the matter in a report and, with the permission of the Tribunal court, complete the investigation within the next 30 (thirty) days.

#34New + Crossed
Section 32 · p. 21

(2) If the investigating officer is unable to complete an investigation under subsection (1) due to technological limitations, the Tribunal court may extend the time limit for the investigation by a reasonable period.

#35New + Crossed
Section 34 · p. 22

34. Search and seizure under a warrant.— If a police officer has reason to believe that— (A) an offence under this Act has been committed or may be committed; or (B) any computer, computer system, computer network, information or data, or related evidence concerning an offence committed under this Act, is kept at any place or in the possession of any person, the officer may, after recording the reasons for that belief and obtaining a search warrant on an application to the Tribunal or, as the case may be, Chief Judicial Magistrate or Chief Metropolitan court, carry out the following actions, namely:— (i) obtaining traffic data in the possession of any service provider; (ii) obstructing any telegraphic or electronic communication, including subscriber information and traffic data, at any stage of communication.

#36New + Crossed
Section 36 · p. 23

(2) On an application, the Tribunal court may extend the period for preserving that information and data, but the total period shall not exceed 180 (one hundred and eighty) days.

#37New + Crossed
Section 40 · p. 24

(2) If an aggrieved person, either directly or through a person authorised by them in writing, submits a written complaint to the Tribunal court, together with an affidavit stating that a request to have a complaint concerning an offence accepted at a police station was unsuccessful, the Tribunal court shall, if satisfied after examining the complainant, direct a police officer to investigate the complaint; but, if it is not satisfied after examining the complainant, it shall dismiss the complaint outright.

#38New + Crossed
Section 40 · p. 24

(3) If the Tribunal court receives information concerning the commission of an offence under this Act within its jurisdiction, it may direct the relevant police to inquire into the matter and may take further action on the basis of the police report.

#39New + Crossed
Section 40 · p. 24

(4) Notwithstanding anything contained in the Code of Criminal Procedure, the Tribunal court shall not take cognizance of any offence without a written report from a police officer or, as the case may be, a joint investigation team.

#40New + Crossed
Section 40 · p. 24

(5) The Tribunal court shall, when trying an offence under this Act, follow the procedure described in Chapter 23 of the Code of Criminal Procedure for trials in a Court of Session, insofar as it is consistent with the provisions of this Act.

#41Crossed
Section 41 · p. 24

41. Trial of offences and appeals.— (1) Notwithstanding anything contained in any other law for the time being in force, offences committed under this Act shall be triable only by the Tribunal.

#42Crossed
Section 41 · p. 24

(2) Any person aggrieved by a judgment delivered by the Tribunal may file an appeal before the Appellate Tribunal.

#43New
Section 41 · p. 24

41. Trial of offences.— (1) The offences specified in section 17 (penalty for unlawful access to, or hacking of, critical information infrastructure, etc.), section 18 (unlawful access to computers, digital devices, computer systems, etc. and the penalty therefor), section 23 (offence of committing cyberterrorist acts and the penalty therefor), section 24 (offence of e-transactions without lawful authority and the penalty therefor), subsection (3) of section 25 (offences concerning sexual harassment, blackmailing, or publication of obscene content and defamatory information, and the penalties therefor), and section 26A (dissemination of rumours, disinformation, etc. in cyberspace and the penalty therefor) of this Act, as well as offences under section 27 involving assistance in committing the offences described in those sections, shall be triable by the Cyber Tribunal.

#44New
Section 41 · p. 24

(2) Offences under this Act other than those described in subsection (1) shall be triable by the court of a Magistrate of the First Class.

#45New
Section 41 · p. 24

(3) Offences under this Act other than those described in subsection (1) may be tried by a Mobile Court, subject to their inclusion in the Schedule to the Mobile Court Act, 2009 (Act No. 59 of 2009).

#46New
Section 41A · p. 24

41A. Appeals.— (1) A person aggrieved by a judgment or order of the Cyber Tribunal concerning an offence referred to in subsection (1) of section 41 may file an appeal with the Appellate Tribunal.

#47New
Section 41A · p. 24

(2) A person aggrieved by a judgment or order of the court of a Magistrate of the First Class concerning an offence referred to in subsection (2) of section 41 may file an appeal with the court having jurisdiction under the Code of Criminal Procedure.

#48New
Section 42 · p. 25

(2) The Tribunal may exercise all the powers of a Court of Session exercising original jurisdiction under the Code of Criminal Procedure and the court of a Magistrate of the First Class may exercise all the powers of a Magistrate of the First Class exercising original jurisdiction under the Code of Criminal Procedure.

#49New + Crossed
Section 44 · p. 25

44. Obtaining expert opinions, training, etc.— (1) The Tribunal court, appellate court or Appellate Tribunal may, in the course of conducting proceedings, obtain the opinion of a person experienced in computer science, digital forensics, electronic communications, data protection or other matters.

#50New + Crossed
Section 45 · p. 25

45. Time limit for disposal of cases.— (1) The court judge of the Tribunal shall dispose of a case under this Act within 180 (one hundred and eighty) working days from the date on which charges are framed.

#51New + Crossed
Section 45 · p. 25

(2) The court judge of the Tribunal may, after recording the reasons, extend the period specified under subsection (1) by a maximum of 90 (ninety) working days if unable to dispose of a case within that period.

#52New + Crossed
Section 45 · p. 25

(3) The court judge of the Tribunal may continue proceedings in a case that could not be disposed of within the period specified under subsection (2), after recording the reasons and informing the High Court Division of the matter in a report.

#53Crossed
Section 46 · p. 25

46. Cognizability, bailability and compoundability of offences, etc.— (1) The offences referred to in section 17, clause (C) of subsection (1) of section 18, and sections 19, 20, 21, 22, 23 and 25 of this Act shall be cognizable, and the offences described in the other sections shall be non-cognizable.

#54Crossed
Section 46 · p. 25

(2) The offences referred to in section 17, clause (C) of subsection (1) of section 18, and sections 19, 22 and 23 shall be non-bailable; and the offences referred to in clauses (A) and (B) of subsection (1) of section 18, and sections 20, 21, 24, 25 and 26 shall be bailable.

#55New + Crossed
Section 47 · p. 25

47. Confiscation.— (1) Where an offence under this Act has been committed, the cyber equipment or objects in respect of which, or with which, the offence was committed shall be liable to confiscation by order of the Tribunal court.

#56New + Crossed
Section 47 · p. 26

(2) Notwithstanding anything contained in subsection (1), if the Tribunal court is satisfied that the person in whose possession or control the cyber equipment or objects in respect of which, or with which, the offence was committed were found is not responsible for committing the offence involving that equipment, the cyber equipment or objects shall not be liable to confiscation.

#57New + Crossed
Section 49 · p. 27

(H) Matters concerning digital forensics relating to cloud computing or metadata; and

#58New
Section 49 · p. 27

(I) Bilateral exchange of information and logs in global threat intelligence; and

#59New
Section 49 · p. 27

(J) Determining working procedures with technology companies on various matters, including setting the time limits required for removing or blocking online content.

#60Crossed
Section 50 · p. 27

(2) Cases pending immediately before that repeal concerning offences under sections 17, 18, 19, 20, 22, 23, 30, 32 and 35 of that Act, and offences of assisting in the commission of the offences described in those sections, shall be conducted and disposed of by the respective Tribunals, and appeals against orders, judgments or sentences in such cases by the respective Appellate Tribunals, as if that Act had not been repealed.

#61New
Section 50 · p. 27

(A) All movable and immovable property, documents and liabilities, if any, of the National Cyber Security Agency so established shall vest in the National Cyber Protection Agency;

#62New + Crossed
Section 50 · p. 28

(C) All officers and employees, including the Director General and Directors of the National Cyber Protection Security Agency, shall be deemed to be the Director General, Directors, officers and employees of the National Cyber Protection Agency, and shall be deemed to have been appointed to, or to be serving in, the National Cyber Protection Agency on the same terms on which they were appointed to, or were serving in, the National Cyber Protection Security Agency;

#63New
Section 52 · p. 28

52. Immunity.— The Chairman and members of the National Cyber Protection Council and every officer and employee empowered to perform functions under this Act shall be deemed to be public servants within the meaning of the expression ‘public servant’ in section 21 of the Penal Code, and no civil or criminal case may be filed against them for any act done in good faith under this Act.

#64New
Section 53 · p. 28

53. Publication of an English translation.— (1) After the commencement of this Ordinance, the Government may, by notification in the official Gazette, publish an authentic English translation of this Act (Authentic English Text).