In Bangladesh, the misuse of phone numbers for fraud is a serious offense, subject to various penalties under several laws, most notably the Cyber Security Act, 2023 (CSA 2023), which replaced the Digital Security Act, 2018. Other relevant laws include the Penal Code, 1860, and directives from the Bangladesh Telecommunication Regulatory Commission (BTRC) under the Bangladesh Telecommunication Regulation Act, 2001.
Here are common penalties for misuse of phone numbers for fraud in Bangladesh:
Cyber Security Act, 2023 (CSA 2023):
The CSA 2023 is the primary legislation addressing digital and cybercrimes, many of which involve the misuse of phone numbers. While the Act is relatively new and some of its provisions and associated penalties have been made less stringent (e.g., more bailable offenses, reduced maximum sentences) compared to its predecessor (DSA 2018), it still carries significant penalties for fraud-related offenses.
Electronic Fraud (Section 23 of the proposed Cyber Security Ordinance, which replaced CSA 2023, is similar to previous provisions): If a person commits fraud by using any computer, computer network, or electronic system, they can face imprisonment and/or fines. The specifics of penalties for "electronic fraud" can vary depending on the severity and nature of the fraud (e.g., financial fraud, identity theft facilitated by phone number misuse). While maximum punishments for some offenses have been reduced to two years imprisonment, severe financial fraud can still carry higher penalties.
Impersonation or Forgery (similar to previous Section 24, 25): Misusing switzerland phone number list a phone number to impersonate another person (e.g., for SIM swap fraud, vishing) or forging electronic documents/identities linked to phone numbers can lead to imprisonment and fines.
Collection of Identification Information (Section 27 of CSA 2023): The Act covers the collection, selling, or use of "identification information" (which includes phone numbers and other personal data) without lawful authority. Misuse for fraud would fall under this, leading to penalties.
Publishing or Transmitting False/Obscene/Defamatory Information (similar to previous Section 29): While the penalties for speech-related offenses have been made bailable and generally softened, using a phone number to transmit false information for fraudulent purposes (e.g., scam SMS) could still lead to imprisonment and fines.
Cyber Terrorism (Section 27 of CSA 2023): If the misuse of phone numbers facilitates acts threatening national integrity, security, or public fear, it could fall under the more severe category of cyber terrorism, which carries significantly higher penalties, including lengthy imprisonment.
Bangladesh Telecommunication Regulation Act, 2001 (as amended):
This Act governs the operations of telecommunication services and the BTRC.
Illegal SIM Registration: Misuse of phone numbers often begins with illegal or fraudulent SIM registration (e.g., using fake IDs, registering SIMs without the consent of the NID holder). While specific criminal penalties for individuals directly involved in such fraud might be covered by the CSA, the BTRC has the power to:
Deactivate SIMs: Any SIM found to be illegally registered or used for fraudulent purposes can be deactivated.
Fine Operators: The BTRC can impose significant fines on mobile network operators (MNOs) for each SIM found to be illegally registered or re-registered (e.g., USD $50 per SIM, as per past directives). This incentivizes operators to ensure robust verification processes.
Illegal Call Termination (VoIP Fraud): Misusing phone numbers for illegal Voice over Internet Protocol (VoIP) operations (bypassing legal international gateways) is a major offense. MNOs found to be involved can face massive financial penalties (e.g., crores of BDT in fines), and individuals involved can face criminal prosecution under relevant sections.
The Penal Code, 1860:
Traditional criminal laws like the Penal Code also apply to fraud cases, even if they involve digital means. Sections related to cheating, forgery, and criminal breach of trust can be invoked.
Cheating (Section 415 onwards): If a phone number is used to deceive someone and induce them to deliver property or commit a harmful act, it falls under cheating, punishable with imprisonment which may extend to one year, or fine, or both. Aggravated forms of cheating (e.g., by impersonation) carry higher penalties.
Forgery (Section 463 onwards): Creating false documents (e.g., fake identity details for SIM registration) with the intent to commit fraud using a phone number would be punishable by imprisonment.
Overall Context:
The penalties in Bangladesh for phone number misuse for fraud can range from fines and relatively short imprisonment (for less severe offenses or first-time offenders under the new CSA Ordinance) to lengthy imprisonment and substantial fines for serious, organized, or repeated offenses, especially those involving significant financial loss, cyber terrorism, or a threat to national security. The government and BTRC are increasingly vigilant, implementing measures like biometric SIM registration and network-level blocking to combat these crimes, and collaborating with law enforcement agencies to bring offenders to justice.
What are common penalties for misuse of phone numbers for fraud in a country like Bangladesh?
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