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DSA

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DSA
Digital Security Act
Preventive Measures
Power to Remove or Block Data-Information (Section 8):
– Regular monitoring of digital media to identify and assess potential threats to
digital security.
– Collaboration with the Bangladesh Telecommunications and Regulatory
Commission (BTRC) to promptly remove or block data-information that poses a
threat to digital security.
– Responding to requests from the law and order enforcing force to address datainformation that hampers national solidarity, financial activities, security, defense,
religious values, or public discipline.
Emergency Response Team (Section 9):
– Establishment of a National Computer Emergency Response Team (CERT) under
the Agency for continuous and effective monitoring of digital security.
– Formation of specialized CERTs by critical information infrastructures, with the
approval of the Agency, to address specific security needs.
– Inclusion of digital security experts and members of law and order enforcing force
in the CERTs.
– Immediate response to cyber or digital attacks, remedial measures, and proactive
initiatives to prevent potential attacks.
– Coordinative efforts, including information exchange with foreign teams or
organizations, to enhance cybersecurity with the government’s approval.
Digital Forensic Lab (Section 10):
– Establishment of one or more digital forensic labs under the control and
supervision of the Agency
– Recognition of existing digital forensic labs established by government authorities
before the commencement of the Act, subject to prescribed standards.
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– Coordination among digital forensic labs for effective collaboration and
information sharing.
– Compliance with rules governing the establishment, use, operation, and other
aspects of digital forensic labs.
Quality Control of Digital Forensic Lab (Section 11):
– Ensuring the quality of each digital forensic lab by adhering to standards
prescribed by rules.
– Operating labs with properly qualified and trained manpower.
– Ensuring physical infrastructural facilities, security, and secrecy of preserved datainformation.
– Using quality instruments to maintain technical standards in digital tests. –
Performing functions following scientific methods as prescribed by rules.
List of Offense
Section
17
Offense
Description
Punishment/Compensation
Unauthorized
Access to critical
Information
infrastructure
Intentionally
a)Unauthorized
access to
computer, system,
or network b)
causes or tries to
damage it or make
it inactive
a. Imprisonment: Up to 7
years or Fine: Up to 25 lac or
Both b. Imprisonment: Up to
14 years or Fine: Up to 1crore
or Both
Repeated: imprisonment for
life or fine up to 5crore or
both
18
Illegal Access to
Computer, Digital
Device, etc.
Makes or abets a)illegal access to
computer, system,
or network b)
illegal access with
intent to commit
offense
a. Imprisonment: Up to 6
months or Fine: Up to 2 lac or
Both
b. Imprisonment: Up to 3
years or Fine: Up to 10 lac or
Both
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Section
Offense
Description
Punishment/Compensation
(for offenses to protected
systems) Imprisonment: Up to
3 years or Fine: Up to 10 lac
or Both
Repeated: Double punishment
of that offense
19
Damage of
Computer,
Computer System,
etc. and
Punishment
a) Collects data b)
Intentionally
inserts malware c)
Willingly harm
data or storage d)
Obstructs
authorized access
e) Willingly create
or sell spam
f)Fraudulent
service
a. Imprisonment: Up to 7
years or Fine: Up to 10 lac or
Both
b. Imprisonment: Up to 10
years or Fine: Up to 25 lac or
Both (repeated)
20
Offense and
Punishment
Related to
Modification of
Computer Source
Code
1) Hiding,
damaging, or
modifying source
code of computer
programs
a. Imprisonment: Up to 3
years or Fine: Up to 3 lac or
Both
b. Imprisonment: Up to 5
years or Fine: Up to 5 lac or
Both (repeated)
21
DSA
Punishment for
Making
Propaganda
Against liberation
war, spirit of
liberation war,
father of the
nation, national
anthem or national
flag
makes or
instigates to make
Propaganda
against national
symbols and
history
a. Imprisonment: Up to 10
years or Fine: Up to 1 crore or
Both
3
Section
Offense
Description
Punishment/Compensation
b. Imprisonment for life or
Fine: 3 crore or Both
(repeated)
22
Digital or
Electronic
Forgery
Committing
forgery using
digital or
electronic medium
a. Imprisonment: Up to 5
years or Fine: Up to 5 lac or
Both
b. Imprisonment: Up to 7
years or Fine: Up to 10 lac or
Both (repeated)
23
Digital or
Electronic Fraud
Committing fraud
using digital or
electronic medium
a. Imprisonment: Up to 5
years or Fine: Up to 5 lac or
Both
b. Imprisonment: Up to 7
years or Fine: Up to 10 lac or
Both (repeated)
24
Identity Fraud or
Personation
a) Holding or
exhibiting another
person's identity
as own b) holding
identity of another
as own to cause
benefit for own,
acquire property
or cause harm to
others
a. Imprisonment: Up to 5
years or Fine: Up to 5 lac or
Both
b. Imprisonment: Up to 7
years or Fine: Up to 10 lac or
Both (repeated)
25
Transmission,
Publication of
Offensive or
threatening DataInformation
Transmitting
offensive or false
data-information
a. Imprisonment: Up to 3
years or Fine: Up to 3 lac or
Both
b. Imprisonment: Up to 5
years or Fine: Up to 10 lac or
Both (repeated)
26
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Punishment for
Unauthorized
Unauthorized
collection, sale, or
a. Imprisonment: Up to 5
years or Fine: Up to 5 lac or
4
Section
Offense
Description
Punishment/Compensation
Collection, Use,
etc. of identity
information
use of identity
information
without lawful
authority
Both
b. Imprisonment: Up to 7
years or Fine: Up to 10 lac or
Both (repeated)
27
Offense and
Punishment for
Committing
Cyber Terrorism
1. intention to
jeopardize the
integrity, and
security of the
country/create
panic 2. malware
3. illegal access to
data that can be
used against
friendly country 4.
creating adverse
effect on critical
infrastructure
a. Imprisonment: Up to 14
years or Fine: Up to 1 crore
or Both
b. Imprisonment for life or
Fine: Up to 5 crore or Both
(repeated)
28
Publication,
Broadcast of
Information
Hurting Religious
Sentiment
Publishing or
broadcasting
content hurting
religious
sentiment
a. Imprisonment: Up to 5
years or Fine: Up to 10 lac or
Both
b. Imprisonment: Up to 10
years or Fine: Up to 20 lac or
Both (repeated)
29
Publication,
Transmission of
Defamatory
Information
Publishing or
transmitting
defamatory
information
a. Imprisonment: Up to 3
years or Fine: Up to 5 lac or
Both
b. Imprisonment: Up to 5
years or Fine: Up to 10 lac or
Both (repeated)
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Section
Offense
Description
Punishment/Compensation
30
Offense and
Punishment for ETransaction
Without Legal
Authority
Illegal etransactions from
financial
institutions
a. Imprisonment: Up to 5
years or Fine: Up to 5 lac or
Both
b. Imprisonment: Up to 7
years or Fine: Up to 10 lac or
Both (repeated)
31
Offense and
Punishment for
Deteriorating Law
and Order
Publishing content
causing unrest
among society or
deteriorating law
and order issues
a. Imprisonment: Up to 7
years or Fine: Up to 5 lac or
Both
b. Imprisonment: Up to 10
years or Fine: Up to 10 lac or
Both (repeated)
32
Offense and
Punishment for
Breaching
Secrecy of the
Government
Committing
offenses under the
Official Secrets
Act, 1923 using
digital means
a. Imprisonment: Up to 14
years or Fine: Up to 25 lac or
Both
b. Imprisonment for life or
Fine: Up to 1 crore or Both
(repeated)
33
Punishment for
Holding,
Transferring DataInformation
Illegally
Addition,
deletion,
Holding, or
transferring data
information of any
organization
illegally
a. Imprisonment: Up to 5
years or Fine: Up to 10 lac or
Both
b. Imprisonment: Up to 7
years or Fine: Up to 15 lac or
Both (repeated)
34
Offense Related to
Cause harm by
Hacking
gaining access.
a. Imprisonment: Up to 14
years or Fine: Up to 1 crore or
Both
b. Imprisonment for life or
Fine: Up to 5 crore or Both
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Section
Offense
Description
Punishment/Compensation
(repeated)
Abetment of
35
Committing an
Offense
Offense
36
Committed by a
Company
Assisting in the
commission of
any offense under
this Act
Liability of
company owners,
executives, etc.
for offenses
Same as the punishment for
the abetted offense
a. Fine upon the company
(individuals liable as per
involvement)
b. Accusation or conviction of
individuals involved in the
offense
37
Power to Issue
Order for
Compensation
financial loss to
any other person
by means of
section 22, 23, 24
Tribunal may order
compensation equivalent to
the loss caused
No liability for the
The Service
38
Provider Not to be
Responsible
service provider if
an offense is
committed
without their
N/A
knowledge or
exercising due
diligence
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