Amendments as proposed by Dr.

Arif Alvi, with

Recommendations by Malik Amer Khan
Prevention of Electronic Crimes Bill, 2015
That in the Bill as reported by the Standing Committee:

Chapter I
Clause 1 (2) - It shall extend to the whole of the geographic region of
Pakistan and its foreign missions internationally
Clause 1 (3) It shall apply to every citizen of Pakistan and/or Foreign
Nationals or employees thereof; Missions, Businesses and
Organizations for the time operating in Pakistan.
Addition of Clause 1 (5)- It shall constitute/establish a
Internet/Electronic Cyber Crime Control & Command Center (IC4)
under the Regulatory Authority

Chapter II
Clause 2
i.
ii.
iii.

Clause 2 (j) (i) May be deleted (Better description by the way of

examples may be inserted or defined in a separate schedule)
Clause 2 (j) (ii) May be deleted
In Clause 2 after sub Clause (v) a new Clause (w) may be added as
follows:
(w) mala fide intent means an intentional dishonest act
committed in bad faith to deceive for financial gain, or to harm
the reputation of, or to blackmail, or to create hatred or
physically endanger a person or an institution
Clause 3

iv.

In Clause 3 after the word data the following words may be added
with mala fide intent
Clause 4

v.

In Clause II 4 after the word transmitted the following words may

be added with mala fide intent
Clause 5

vi.

In Clause 5 after the word data the following words may be added
with mala fide intent
Clause 6

vii.

In Clause 5 after the word data the following words may be added
with mala fide intent
Clause 7

viii.

InClause 7 after the word data the following words may be added
with mala fide intent
Clause 8

ix.

x.

In Clause 8 after the word damaged the following words may be

added with mala fide intent
Clause 9
In Clause 9 after the words convicted of a the word hate may be
added
Clause 10

xi.
xii.

In Clause 10 before the word intentthe words mala fidemay be

added
In Clause 10 (a) the word overawe may be deleted
Clause 11

xiii.

xiv.

In Clause 11 (1) at the end of the paragraph, the following words

may be added plus penal damages at least up to the amount
illegally gained
In Clause 11 (2) at the end of the paragraph, the following words
may be added plus penal damages at least up to the amount
illegally gained

Clause 12
xv.

Cyber Fraud/ White Collar Crime section may be added with

definition as financially motivated electronic
nonviolent crime committed by individual business and/or
government employees/professionals, including bank
fraud, carding, identity theft, extortion, and theft of classified
information.

xvi.

Cyber Drug trafficking section may be added here with definition

as, to sell their illegal substances through encrypted e-mail and
other internet technology or through cyber cafes or other public
places.
Clause 13

xvii.

In Clause 13 'mala fide intent' needs to added and at the end of the
paragraph, the following words may be added plus penal
damages as to loss incurred, and amount so gained as
determined by a court of law
Clause 14

xviii.

In Clause 14 at the end of the paragraph, the following words may

be added plus recovery of the amount so gained
Clause 15

xix.

In Clause 15 may be entirely deleted, should not be deleted, 'Mala

fide intent' should be added
Clause 16

xx.

In Clause 16 may be entirely deleted, should not be deleted.

Malafide intent' should be added
Clause 17

xxi.

In Clause 17 after the word intentionally the following words may

be added with mala fide intent

Clause 18
xxii.

In Clause 18 Title and Definition needs to change to 'Harassment 'of

anyone who directs obscenities and/or derogatory comments at
specific individuals or groups focusing for example on gender, race,
religion, nationality.. words like dignity are too vague for legal
matters (1) after the words publicly the following words may be
added and with mala fide intent

xxiii.

In Clause 18 (1) after the words both the entire paragraph starting
with Provided. may be deleted
Clause 19

xxiv.

xxv.
xxvi.

xxvii.
xxviii.

In Clause 19 Tile and Definition needs to be changed to "Sexual

Harassment' directs obscenities and derogatory comments at
specific individuals focusing on sexual orientation, explicit material
and/or edited explicit picturesthe word modesty is too vague in
legal matters the words natural person and which are
mentioned in the title may be deleted
In Clause 19 (1) (a) the words natural person may be substituted
with the word minor
In Clause 19 (1) (b) the words natural person which are
mentioned twice in this sentence may be deleted and the word
minor may be substituted in its place
In Clause 19 (1) (c) the words natural person may be substituted
with the word minor
In Clause 19 sub clause (2) may be deleted
Clause 21

xxix.

In Clause 21 (1) All sub clauses (a), (b),(c), (d)and (e) may be
deleted, as unnecessary details.
Clause 22

xxx.

In Clause 22 (1) after the word Whoever the words with mala
fide intent may be added
Clause 23

xxxi.

In Clause 23 (1) after the word dishonestly the words and with
mala fide intent may be added

Chapter - III
Establishment of Internet/Electronic
Cybercrime Control & Command Center (IC4)
with Prevention, Investigation and Prosecution
Powers
Clause 26
Clause (1) may be amended as "The federal Government shall
Establish, Internet/Electronic Cybercrime Control & Command Center
(IC4) under the Regulatory Authority for the offences under the Act
for:
a- Diffusion of Cyber attacks/hacking,
b- Cyber-Investigation Agency
c- Digital-forensics Agency
d- Cyber-Crime Reporting and Contact/Call center
e- Emergency Response Team "
Definitions of clauses (2), (3), etc. must be amended/added
accordingly in this Act or as an Addendum
Clause 27
xxxii.

In Clause 27 in the Provision the last sentence after the words

agency for the investigation of offence under this Act the words
and any other law for the time being in force may be deleted
Clause 28

xxxiii.

In Clause 28 (1) after the words data or otherwise at the end of

the Provison, the following words (paragraph) may be added:
Provided that it shall be ensured that the data while in the
possession and in the access of the authorized officer, is not
compromised and no information sensitive or otherwise is
released to the public or competitors in case the data has

commercial value or its release can cause harm to the

accused even before he is declared guilty
Clause 29
xxxiv.

In Clause 29 (1) after the words authorised officer the following

words may be added , subject to Section 32
Clause 30

xxxv.

In Clause 30 (2) the words as far as practicable may be deleted.

Clause 32

xxxvi.

xxxvii.

xxxviii.

xxxix.

xl.
xli.

xlii.

xliii.

In Clause 32 (1) after the words Act, the following words may be
added and after taking due permission of the Court as
described in Section 28 may be added
In Clause 32 (1)(d) after the word demand the words any
information, code or technology which has the capability
ofmay be deleted.
In Clause 32 (1)(d) after the words encrypted data the words
contained or available to such information system may be
deleted.
Clause 32 (1)(g)The entire wordings of this clause may be deleted
and may be substituted by: Any person in possession of
encrypted information may be required to unscramble
encrypted data from its un-readable form and from cyphered
data to intelligible data.
In Clause 32 the paragraph titled Explanation may deleted with all
its contents
In Clause 32 (2) Sub-clause (f) may be added and the following
words inserted (f) Shall give in writing to the owners details
of every action performed every day if the action persists for
many days.
In Clause 32 (3) after the word measures the words while
maintaining its integrity and may be substituted by to
maintain the integrity of the data and record the may be
added
In Clause 32 (2) (b) after the words integrity the words and
secrecy may be added
Clause 33

xliv.

Clause 33 may be deleted, should not be deleted, SOP's must be

prescribed by the IC4 and/or Authority, to ensure proper handling
of the evidence or in case of mis-trial, or after a reasonable time,
returned to the owner.
Clause 34

xlv.
xlvi.
xlvii.

xlviii.
xlix.

In Clause 34 (1) after the words is empowered the words

manage information and may be deleted
In Clause 34 (1) after the words public order the words decency
or morality may be deleted
In Clause 34 (1) at the end of the paragraph the following words
may be addedProvided that the action so done is presented
before a court of law within 24 hours which may continue
with, or order the undoing of the action taken.
In Clause 34 Sub Clause (2) may be deleted
In Clause 34 Sub Clause (3) may be deleted
Clause 35

l.

In Clause 35 (1) after the words willful intent to the words and
proactively and positively may be deleted
Clause 37

li.

Forensic Laboratory: The Authority shall establish a Cyber-Forensics

Laboratory within IC4 or designate an independent forensics
laboratory for the Cyber-Forensics agency of IC4 , to provide expert
opinion before the Court or to aid in its own collection of electronic
evidence for the purpose of investigation and/or prosecution of
offences under this Act.

Chapter IV
International Co-operation & Conventions
Clause 38 may be deleted and redefined as (1) The federal
government may on receipt of request, extend co-operation to only
that foreign government or foreign agency that accedes to
International Conventions on Cyber-Crimes or have Mutual Legal

Assistance treaty and/or Agreement with the Federal Government, 24

x7, for the purposes of investigations or proceedings concerning
offences related to information systems, electronic communications or
data, or for the collection of evidence in electronic form relating to an
offence, or obtaining expeditious preservation and disclosure of data
through real-time collection of data under this Act.
(2) The Federal Government may ONLY, forward 24x7 network data, to
any Foreign Government or foreign agency or organization from its
own investigation, thorough consultation with and consent of the
National Security Agencies, for the purpose of assisting other
government, agency or organization, as the case be in initiating or
carrying out investigations or proceedings concerning any offence
under this Act.
(3) The Federal Government may also require the Foreign
Government, foreign agency or organization, the 24 x7 network data
provided, to be kept confidential or use of it with certain conditions.
(4) The Federal government may send and answer requests for Mutual
Assistance and/or accede to International Conventions for CyberCrimes, for the execution of such requests or their transmission to the
concerned authorities.
(5) The Federal Government may refuse accession to any Regional or
International conventions, in consultation with National Security
Agencies, or to any request made by a foreign government, agency,
organization, for 24 x7 network data, if the request concerns an
offence which maybe in prejudice to its National Interests, including its
sovereignty, security, public order and/or an ongoing trial.

Chapter - V
Clause 39

lii.

liii.
liv.

In Clause 39 (1) after the words under this act the words except
the offences under section 10 and 19 of this Act, may be
deleted
Clause 39 (2) may be deleted
In Clause 43 , appeal date should be 90 days

Chapter -VI
Clause 44

lv.

lvi.

Clause 44 may NOT be deleted Only Clause 44 (2) maybe deleted,

Also title of Clause 44, maybe redefined as 'Prevention of CyberCrimes'.
Clause 45 title may be redefined as 'IC4 Emergency Response
Teams' and word 'Computer' replaced with 'IC4'

CHAPTER VII
Clause 47 (i) maybe redefined as, constitution of IC4 Emergency
Team and the standard operating procedure to be adopted by such
team.