| The clause (c) of Electronic Crime Act
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| | criminal act of the evasion taxation of
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| 2004 has been defied Cyber Stalking as
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| | e-service which is punishable under
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| defined in XXII of the Pakistan Penal
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| | Pakistan tax statutes. It is recommended
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| Code 1860 and also clause (g) defines
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| | that unless the Central Board of Revenue
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| defamation which means Section 499 of the
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| | does not have any administrative set up
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| Pakistan Penal code 1860; but no as such
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| | of own, the special wing constituted
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| provision are included on matter connect
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| | under this Act must provide facility for
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| with commission of offence of
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| | discouraging the commission of such
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| electronically misuse and infringement of
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| | offence.The Act has failed to provide the
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| Internet Domain Names as Trade Marks
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| | special procedure for trial of such
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| which have defined in Chapter XIII Trade
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| | offences. Without having detailed
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| Marks Ordinance 2001.The section 8 has
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| | provisions of special procedure for
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| defined the offence of fraud but the
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| | electronic crimes, the Code of Criminal
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| misrepresentation has not been declared
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| | Procedure 1898 will not meet the
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| as offence. The fraud and
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| | procedural requirement for criminal
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| misrepresentation are two different
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| | proceeding of the accused. What I
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| offences. I recommend here that new
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| | recommend here the act must include
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| section should be added to include the
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| | special procedure for trial of person
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| misrepresentation as offence. There are
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| | accused of electronic crimes. The most
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| many offences committed by
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| | glaring weakness of the act is that is
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| misrepresentation of facts, not falling
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| | failed to provide specific rule of
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| under the heading of fraud.The section 18
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| | investigation for electronic crimes as
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| has failed to address the root cause of
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| | required by technicality of matter for
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| offence of pornography and the
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| | purpose of adjudication. The section 29
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| construction of statute is ambiguous in
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| | has provided provisions for establishment
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| the definition of pornographic material
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| | of special agency which will investigate
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| of material being hosted web hosting
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| | the electronic crimes. If the code of
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| sites. The pornographic material are made
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| | criminal procedure 1898 is accepted as
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| available to internet viewer by web
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| | procedure for prosecution of electronic
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| hosting sites rather their location is
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| | offences, then there must be made
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| within the Jurisdiction of Pakistan or
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| | specific amendment in Code for making
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| not, that offence are committed browsed
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| | compactable with investigating standard
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| by viewer within the jurisdiction of
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| | of the search and seizure required for
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| Pakistan. The uncontrolled expansion of
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| | electronic crimes prosecution.The section
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| Pornography owns due to local ISPs but no
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| | 32 of proposed electronic Crime Act 2004
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| criminal liabilities have been shoulder
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| | has empower the investigating office to
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| on web hosting sites and ISPs in proposed
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| | take necessary steps for expeditious
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| Electronic Crime Act 2004. I recommend
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| | preservation evidence including taking
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| here that the specific wordings should be
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| | into safe custody up to a maximum period
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| added to decrease the chance of
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| | of fifteen days or making or retaining a
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| misinterpretation of statute and to
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| | copy of such data. The wording of
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| create consistency of precedent with
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| | statutory has failed to provide the
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| intention of legislature.The construction
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| | methods of presentation of the evidence
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| of statute of section 24 is too liberal
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| | before court of law. What I recommend
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| and exhaustive. In the good statutory
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| | here the statutory wording should be
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| construction such type of practice is
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| | added of conversion of the electronic
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| often not appreciated. The section 27 has
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| | evidence into paper base form for
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| made proviso that no Court inferior to
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| | presentation of the evidence before the
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| the Court of Sessions shall try any
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| | court of Law. The trickiest matter is an
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| offence under this Act but the commission
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| | investigation of such offences is
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| of other offences as given in section 24
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| | collection of evidence, and its
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| which are committed through electronic
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| | presentation before the court law for
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| means implies jurisdiction have given to
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| | prosecution. The disposition of this act
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| session court to try such offences, but
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| | of investigation is inadequate for
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| certain offence which are not falling
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| | conducting of fair trial of offences
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| within the jurisdiction of session to try
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| | which are exclusively falling in
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| offence like copyright infringements
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| | jurisdiction of Pakistan. The electronic
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| which are triable by Magistrate but this
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| | crimes are requires most responsible
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| proposed Act has barred the magistrate to
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| | procedure due to difficulty of proving
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| try such offence. The Act has failed to
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| | which may not falling within traditional
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| make any provision for commission of
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| | legal frames. It is also possible that
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| offence against the copyright
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| | the electronic crime may be falling
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| publications on World wide Pages. The
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| | within several jurisdictions. Proving the
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| specific provisions must be included to
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| | crime has been committed is the most
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| provide legal protect and safeguard to
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| | difficult stage of investigation, since
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| electronic commerce. The legal protection
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| | experienced offenders cover their tracks;
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| must be granted to informative and online
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| | while going through the justice system,
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| e-pages published on www formation. The
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| | especially in those countries which
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| misuse of electronic cards must also be
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| | refuse to cooperate while collecting
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| declared as criminal act and there must
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| | evidences and unless and until
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| be regulatory frame work for all online
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| | international co-operate is sought. Mere
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| pages for protect of consumers in
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| | the sanction of law will not server the
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| Pakistan. The internet trademark
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| | end of justice.Electronic Crime Act will
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| violations growing out of his operation
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| | have to prepare Criminal courts for cyber
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| of a pirated Internet website should be
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| | and electronic jurisprudence. Both the
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| regarded as crime so that aggravating
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| | substantive laws and procedural laws will
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| influx of uncontrolled flood of Web pages
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| | require new exposition in the light of
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| can may controlled.The Act has failed to
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| | the experience arising from technological
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| provide penal provision for the illegal
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| | complexities not envisioned hitherto in
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| sale of prescription drugs and controlled
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| | proposed electronic Crime Act. The
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| substances and online facilities are used
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| | challenge before the courts would be how
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| in the furtherance of a broad range of
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| | to evolve cyber jurisprudence consistent
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| traditional unlawful activity. The rise
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| | with our procedural requirements. Courts
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| of Internet pharmacies creates a world of
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| | will have to exercise the powers of
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| new conveniences. But it also creates a
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| | search and seizures, data penetration and
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| number of legal issues which we need them
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| | material collection permitted under Code
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| to put under penal of Electronic Crime
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| | of Criminal Procedure 1898; rather they
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| Act 2004 so as to regulate the sale of
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| | will be able to initiate any such
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| prescription drugs. In Addition to these
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| | prosecuting where the complexities of
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| unlawful activities, no provisions has
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| | technology will overwhelm them. The cyber
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| not included for prevention of the
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| | regulatory law should be a single
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| commission of the offence of online
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| | comprehensive framework, which would deal
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| gambling. There are many sites which are
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| | with civil and criminal laws. The
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| operating gambling internet and are
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| | legislation should address computers and
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| browsed within the jurisdiction of
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| | computer material as unique objects and
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| Pakistan.There are many illegal
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| | cover all computer-related aspects in the
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| e-business operated in the jurisdiction
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| | categories of crimes by means of
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| of Pakistan, the persons operating these
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| | computers and crimes against
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| are actively concealing their identity
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| | computers.What I recommend here, the
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| and place of transaction for purpose of
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| | power to summon as defined in subsection
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| evasion of taxation by e-commerce means.
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| | (1) of section 94 of Cr.P.C (Act V of
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| These e-businesses are accessed and
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| | 1898) shall be extended so as to add the
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| browsed by Pakistani Viewer. The active
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| | power of police to summon all persons who
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| concealment of operation of business is a
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| | have committed cyber crimes. I also
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| criminal act committed if it is not
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| | recommend here that amendment should be
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| disclosed to Central Board of Revenue but
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| | made in section 95 of the Cr.P.C.
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| no penal provision has been included for
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