Prevention of Electronic crimes
Prevention of Electronic Crimes Act, 2016 was enacted to address the prevention of cyber crimes and unauthorized acts with respect to the information system in Pakistan. It is applicable to every citizen of Pakistan wherever he may be and also to every other person for the time being in Pakistan. It also apply to any act committed outside Pakistan by any person if the act constitutes an offence under this Act and affects a person, property, information system or data located in Pakistan. The provision of Prevention of Electronic Crimes Act,2016 shall have effect not in derogation of the Pakistan Penal Code, 1860, the Code of Criminal Procedure, 1898, the Qanoon-e-Shahadat, 1984, the protection of Pakistan Act, 2014 and Investigation for Fair Trial Act, 2013
The law dealing with cyber crimes in Pakistan is Prevention of Electronic Crimes Act, 2016 which is applicable to every citizen of Pakistan wherever he may be and every other person who is stationed in Pakistan for the time being.
The law address to following types of cyber crimes under the Act:
1. Access or interfere the data or information system and copying or transmission of data; (Section 3,4,5 of the Act)
Section.3 PECA 2016
Unauthorized access to information system or data:
Whoever with dishonest intention gains unauthorized access to any information system or data shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to fifty thousand rupees or with both.
Section 4:
Unauthorized copying or transmission of data:
Whoever with dishonest intention and without authorization copies or otherwise transmits or causes to be transmitted any data shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupees or with both.
Section 5:
Interference with information system or data:
Whoever with dishonest intention interferes with or damages or causes to be interfered with or damages any part or whole of any information system or data shall be punished with imprisonment which may extend to two years or with fine which may extend to five hundred thousand rupees or with both.
2. Unauthorized access, Unauthorized copying, Unauthorized transmitting or Unauthorized interfering with the critical infrastructure or threaten to commit any of the aforesaid offences with an intention to coerce, intimidate, create a sense of fear, panic, insecurity or public or community/ society.
Sections 6,7,8 of the Act
Section.6:
Unauthorized access to critical information system or data:
Whoever with dishonest intention gains unauthorized access to any critical infrastructure information system or data shall be punished with imprisonment which may extend to three years or with fine which may extend to one million rupees or with both
Section.7:
Unauthorized copying or transmission of critical infrastructure data:
Whoever with dishonest intention and without authorization copies or otherwise transmits or causes to be transmitted any critical infrastructure data shall be punished with imprisonment for a term which may extend five years, or with fine which may extend to five million rupees or with both.
Section.8:
Interference with critical infrastructure information system or data:
Whoever with dishonest intention interferes with or damages, or cause to be interfered with or damaged, any part or whole of a critical information system, or data shall be punished with imprisonment which may extend to seven years or with fine which may extend to ten million rupees or with both.
3. Prepare or disseminate information through any information system or device with the intention to glorify an offence relating to terrorism, or any person convicted of a crime relating to terrorism or threaten to commit any of the aforesaid offences with intention to coerce, intimidate, create a sense of fear, panic, insecurity or public or community/ society.
Section.9 of the Act.
Dignity of Natural Person:
Public exhibit or display or transmission of any information knowingly that such information is false and intimidate or harm the reputation or privacy of a natural person through an information system.