Introduction of Cyber laws and Discovery of Digital Evidence Forensic Laws in Pakistan

1. Present Cyber Laws and Discovery of
Digital Evidence in Pakistan
Introduction of Cyber laws and
Discovery of Digital Evidence Forensic
Laws

2. Cyber Law Statutes
• Electronic Transaction Ordinance 2002
• Payment System Electronic Funds Transfer Act
2007
• Anti-Money Laundering Act 2010
• Pakistan Protection Act 2014
• PTA Regulation S.R.O 713 (1)/2009
• Investigation of Fair Trial Act 2013
• Qanun -e-Shahdat Order 1984 amended

3. ETO 2002 Cyber Law Offences
• Section 34, 35 of ETO covered the offences by
corporate body, punishment is 10 year and fine
10 million or both
• Sec. 36 of ETO is about Violation of privacy of
information, unauthorized access to information
system, punishment 7 years and fine one million
• Sec. 37 of ETO Damage to information system,
unauthorized alter, delete, modify, remove ,
transmit etc; punishment 7 years and one million

4. PSEFTA 2007 Cyber Law Offences
• 56. Criminal Liability; providing false information,
corporate offence, punish 3 yrs fine 3 million
• 57. Violations Affecting Electronic Commerce; whoever
uses or attempts or conspires to use any counterfeit,
fictitious, altered, forged, lost, stolen, or fraudulently
obtained Debit Instrument to obtain money etc, punish
7 yrs, one million
• 58. Cheating by Use of Electronic Device; Whosoever
cheats , fraudulently or dishonestly uses any credit or
debit card, or code or any other means of access to an
Electronic Fund Transfer device and thereby causes any
wrongful gain to him, punish 7 yrs and fine

5. Anti Money Laundering Act 2010
• The section 2 f (v) of Anti-money Laundering
Act 2010 recognizes the electronic money and
the record maintained in the electronic
device.

6. Pakistan Protection Act 2014
• Crimes via internet and information technology
against state and state owned institutions may be
cybercrimes. The section 2(i) provides a schedule
in The Pakistan Protection Act 2014 which sets
the schedule cybercrimes as;
• (ix) destruction of or attack on communication
and interaction lines, devices, grids, stations, or
systems etc
• (xiv) crimes against computers including
cybercrimes, internet offenses and other offences
related to information technology etc

7. PTA Regulations
• PTA has issued S.R.O 713 (1)/2009 against
spams which is called, Protection from Spam,
Unsolicited, Fraudulent an Obnoxious
Communication Regulations 2009
• PTA in its letter No. 1609/11/N&TA to all
CMTOs has restrain from sending SMS contain
bar-code or Masking

8. COPYRIGHT PROTECTION UNDER
COPYRIGHT ORDINANCE 1962
• Section 66 of the Ordinance, as amended by
the Amendment Act, provides that any person
who knowingly infringes or abets the
infringement of the copyright in a work
(defined to include computer programmes), or
any other right conferred by the Ordinance
shall be punishable with imprisonment which
may extend to 3 years with fine

9. QANUN -E-SHAHDAT ORDER 1984
• While enacting the ETO 2002 the QSO 1984 has
been amended
• Art 2 (e); (f) the expression, “automated”,
“electronic”, “information”, “information system”,
“electronic document”, “electronic signature etc
shall bear the meanings given in the ETO 2002
• Addition in Art. 30; “Statements gene rated by
automated information systems may be
attributed to the person exercising power or
control over the said information system”

10. QSO 1984
• Addition in Art. 46 A for Relevance of information
generated, received or recorded by automated information
system.
• Art 59 is about the authenticity or integrity of electronic
record.
• Art. 73 A printout or other form of output of an automated
information system shall not be denied the status of
primary evidence.
• Art. 78-A. Proof of electronic signature and electronic
document.
• Art. 85 is about certificates deposited in a repository.
• Case Law; Alamgir Khalid Chughtai V State 2009 PLD
254 Lahore

11. Investigation of Fair Trial Act 2013
• Preamble; An Act to provide for investigation for
collection of evidence by means of modern
techniques and devices
• To regulate advance and modern investigative
techniques such as covert surveillance and
human intelligence, property interference,
wiretapping and communication interception
• 16. Authorization under the warrant; video
recording, intercepting telephone, obtaining
email, SMS, electronic communication, electronic
database etc

12. IFTA 2013
• Sec 22. Registration of Case on the based on
evidence collected in pursuant of warrant
• 23. Admissibility of warrant based information
• 25. Report of expert ; In case where an
analysis of the intercepted material collected
pursuant to the warrant of surveillance or
interception is required, then the same shall
be carried out by a person referred to in
section 3(f) being suitably qualified

13. IFTA 2013
• 31. Warrants to be served outside Pakistan
• 32. Warrants received from outside Pakistan
• Case Laws
• Qurban Ali V State 2007 PCRLJ 675 KARACHI; held E-
mail could be retrieved from it by using computer
Forensics Tools, Prosecution, in the case had not taken
any effort to prove E-mail in accordance with law.
• WAQAS AHMED SIDDIQUI Vs THE STATE through Cyber
Circle FIA 2012 YLR 320 KARACHI; objectionable email
• Mst. MARIUM HAJI V Mrs. YASMIN R. MINHAS 2003
PLD 148 KARACHI (Evidence based on modern devices,
Pics can be manipulated)

14. Shahid Jamal Tubrazy
Adv. Shahid Jamal Tubrazy is Masters in
Law(LLM), Lahore High Court Lawyer, Lecturer of
Cyber Laws, Speaker, Author & Expert in Cyber
Law & Cyber Security, President – Cyber Law
Consulting(Advocates & Attorneys)
Email: shahy_legal@yahoo.com