Prevention of Electronic Act 2016 (PECA)
PECA 2016 consists of 55 sections and come into force in 2016. Section 3 to 25, 45 50 &includes offences and their punishments. Today we will study offences only. Remaining all sections are related to authorities investigation etc.
Section 3: Unauthorized access to data:
3 Months or 50,000
Section 4: Unauthorized access and copy or transmission of data:
6 months or 100,000
Section 5: Interference, damage or deletion of Data:
Up to 2 Years or 500,000
Section 6: Unauthorized access to critical structure:
Up to 3 year or 10,00,000
Section 7: Unauthorized access and copy or transmission of data:
Up to 5 years or 50,00,000
Section 8: Interference, damage or deletion of Data:
Up to 7 years or 10 Million
Section 9: Glorification of a offense on public website:
Up to 7 years or 10 Million
Cognizable:
Section 10: Cyber terrorism:
• Hate speech on sensitive issues like religion faith, sectarian etc. Cogn.
• Threaten to do crime U/S 6,7,8,9 or blast etc
Up to 7 years or 50 Million
Section 11: Spreading of hate speech:
Sharing of others hate speech on social media accounts. Up to 7 years or fine or both.
A man was guilty of spreading fake information and hates speech against the government institutions of Pakistan through his Facebook and twitter account. He was punished U/S 10 and 11 of PECA 2016.
Section 12: Planning of terrorism or recruitment or delivering the message of black listed party etc.
Up to 7 years or fine or both.
Section 13 & 14:
Wrongfully feeding data in government website
Up to 3 years or fine 2.5 Lac
Section 14:
Wrongful gain by electronic crimes. ATM fraud, Benzir Income support fraud etc.
Up to 2 years or fine 10 Million.
Section 15:
Sale marketing or providing device in offense:
Up to 6 Months or fine 50,000.
Section 16: Unauthorized use of identity information:
Obtain, Sale, transfer, transmit, or use personal information.
Up to 3 Years or fine 5 Million.
Section 17: Unauthorized issuance of SIM card etc:
Up to 3 Years or fine 5 lac.
Section 18: Tempering of communication equipment:
Up to 3 Years or fine 1 Million.
Section 19: Unauthorized interception:
Up to 2 Years or 500,000.
Cognizable:
Section 20: Offence against the dignity of natural person:
Respect, fame, popularity, Reputation.
Up to 3 Years or 1 million.
Section 21: Offence against the Modesty of natural person and minor:
Sexually explicit image or video etc.
Blackmailing or induce him for sexual act.
Up to 5 year or 5 Million, 7 year in case of minor Cogn.
Section 22: Child pornography:
Sexual pictures videos etc of minor male/female. Distribute or transmit such
data at any forum. Sale of such material on dark web is highly paid. Up to 7 year or 5 Million
Section 23: Malicious code: Transfer of virus in cell or Up to 7 year or 5 Million
Section 24: Cyber Stalking:
Again n again Friend request on Facebook. Messages on social media etc. Upload the picture of someone without his permission. Up to 3 year or 1 Million, 5 year in case of minor
Section 24: spamming:
Direct Marketing by person on organization sending without interest of recipient. Provide misleading information to someone for sake of wrongful gain. Jeeto Pakistan etc. 50000 upto.
Section 25: Spoofing:
Establish a similar resembled website of other and get money etc. Up to 3 year and 5 Lac
Section 45: Oder of payment of compensation to the aggrieved party that is rather than fine of punishment.
Section 50: Relation of this Act is with other laws of land. PPC, CRPC, QSO, Investigation for Fair trail Act 2013, Protection of Pakistan Act 2014.
[ Ссылка ]
