evsjv‡`k †M‡RU, AwZwi³, A‡±vei 6, 2019
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45. Not to hamper the general usage of computer.
(1) The Investigation
Officer shall conduct investigation in such a way that the legal use of computer,
computer system, computer network or any part thereof is not hampered.
(2) Any computer, computer system or computer network or any part thereof
may be seized, if
(a) it is not possible to make access to the concerned computer,
computer system, computer network or any part thereof;
(b) there is possibility to damage, destroy or change the datainformation or to be unavailable unless the concerned computer,
computer system, computer network or any part thereof is seized to
prevent an offence or stop an ongoing offence.
46. Assistance in investigation.
The Investigation Officer may request any
person or entity or service provider to provide information or assist in the
investigation while conducting investigation of an offence under this Act, and if
requested, the concerned person, entity or service provider shall be bound to
provide information and necessary assistance to the Investigation Officer.
47. Secrecy of the information obtained in course of investigation.
(1) If
any person, entity or any service provider provides or publishes any information
for the interest of investigation, no suit or prosecution shall lie against the person,
entity, or service provider.
(2) All persons, entities or service providers related to the investigation under
this Act shall maintain the secrecy of information related to the investigation.
(3) If any person contravenes the provisions of sub-sections (1) and (2), then
such contravention shall be an offence, and for such offence he shall be punished
with imprisonment for a term not exceeding 2 (two) years, or with fine not
exceeding Taka 1 (one) lac, or with both.
48. Cognizance of offence, etc.
(1) Notwithstanding anything contained in
the Code of Criminal Procedure, the Tribunal shall not take cognizance of any
offence except upon a report made in writing by any police officer.
(2) The Tribunal shall, while trying an offence under this Act, follow the
procedure of trials before Courts of Session laid down in Chapter XXIII of the
Code of Criminal Procedure subject to being consistent with the provisions of
this Act.
49. Trial of offence and appeal.
(1) Notwithstanding anything contained
in any other law for the time being in force, offences committed under this Act
shall be tried by the Tribunal only.
(2) Any person aggrieved with the judgment of the Tribunal may prefer an
appeal before the Appellate Tribunal.
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