Proposed Cyber Laws amendment in Pakistani Laws

Proposed amendment in Pakistani Laws

The Electronic Transaction Ordinance was enacted in 2002 which made abundant required to amend or alter the other statutory and procedural law but the government has miserably failed amend the laws, the proposed necessary amendments are given below;

PPC:

  1. New section shall be inserted, namely:—

Electronic record.

” The words “electronic record” shall added with relevant explanation.

2.for the words “such public servant, charged with the preparation or translation of any document, frames or translates that document”, the words “such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record” shall be substituted.

3.In section 172, for the words “produce a document in a Court of Justice”, the words “produce a document or an electronic record in a Court of Justice” shall be substituted.

4. In section 173, for the words “to produce a document in a Court of Justice”, the words “to produce a document or electronic record in a Court of Justice” shall be substituted.

5.In section 175, for the word “document” at both the places where it occurs, the words “document or electronic record” shall be substituted.

6.In section 192, for the words “makes any false entry in any book or record, or makes any document containing a false statement”, the words “makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement” shall be substituted.

7.In section 204, for the word “document” at both the places where it occurs, the words “document or electronic record” shall be substituted.

8. In section 463, for the words “Whoever makes any false documents or part of a document with intent to cause damage or injury”, the words “Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury” shall be substituted.

9.In section 464,—

(a)                       for the portion beginning with the words “A person is said to make a false document”

and ending with the words “by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration”, the following shall be substituted, namely:—

“A person is said to make a false document or false electronic record— First—Who dishonestly or fraudulently—

(a)                     makes, signs, seals or executes a document or part of a document;

 

(b)                     makes or transmits any electronic record or part of any electronic record;

 

(c)                     affixes any digital signature on any electronic record;

 

(d)makes any mark denoting the execution of a document or the

authenticity of the digital signature,

with the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or

Secondly—Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or

Thirdly—Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration. “ ;

(b) after Explanation 2, the following Explanation shall be inserted at the end, namely:—

‘Explanation 3.—For the purposes of this section, the expression “affixing digital signature” shall be explained.

  1. In section 466,—

(a)  for the words “Whoever forges a document”, the words “Whoever forges a

document or an electronic record” shall be substituted;

(b) the following Explanation shall be inserted at the end, namely:— ‘Explanation.—For the purposes of this section, “register” includes any list, data

or record of any entries maintained in the electronic.

  1. In section 468, for the words “document forged”, the words “document or electronic record forged” shall be substituted.
  2. In section 469, for the words “intending that the document forged”, the words “intending that the document or electronic record forged” shall be substituted.
  3. In section 470, for the word “document” in both the places where it occurs, the words “document or electronic record” shall be substituted.
  4. In section 471, for the word “document” wherever it occurs, the words “document or electronic record” shall be substituted.
  5. In section 474, for the portion beginning with the words “Whoever has in his possession any document” and ending with the words “if the document is one of the description mentioned in section 466 of this Code”, the following shall be substituted, namely: —

“Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly

be used as a genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this Code.”.

16. In section 476, for the words “any document”, the words “any document or electronic record” shall be substituted.

  1.  for the words “book, paper, writing” at both the places where they occur, the words “book, electronic record, paper, writing” shall be substituted.

AMENDMENTS TO THE BANKERS’ BOOKS EVIDENCE ACT ‘ 1891

1.In section 2—

(a)   for clause (3), the following clause shall be substituted, namely:—

‘(3) “bankers’ books” include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank whether kept in the written form or as printouts of data stored in a floppy, disc, tape or any other form of electro-magnetic data storage device;

(b) for clause (8), the following clause shall be substituted, namely: — ‘(8) “certified copy” means when the books of a bank,—

(a) are maintained in written form, a copy of any entry in such books together with a certificate written;:: the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business and that such book is still in the custody of the bank, and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the bank’s business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title; and

 

(b) consist of printouts of data stored in a floppy, disc, tape or any other electro-magnetic data storage device, a printout of such entry or a copy of such printout together with such statements certified in accordance with the provisions of section 2A.’.

 

  1. After section 2, the following section shall be inserted, namely: —

Conditions in the printout.

“2A. A printout of entry or a copy of printout referred to in sub-section (8) of section 2 shall be accompanied by the following, namely: —

(a)a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountant or branch manager; and

 

(b) a certificate by a person in-charge of computer system containing a brief description of the computer system and the particulars of—

 

(A)                 the safeguards adopted by the system to ensure that data is entered or any other operation performed only by authorised persons;

 

(B)the safeguards adopted to prevent and detect unauthorised change of

 

data;

 

(C)the safeguards available to retrieve data that is lost due to systemic failure or any other reasons;

 

(D)                 the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electro-magnetic data storage devices;

 

(E)                  the mode of verification in order to ensure that data has been accurately transferred to such removable media;

(c)    (F} the mode of identification of such data storage devices;

(d)

(e)    (G) the arrangements for the storage and custody of such storage

(f)

(g)   devices;

(h)

(i)     (H) the safeguards to prevent and detect any tampering with the system; and

(j)

(k)   (I) any other factor which will vouch for the integrity and accuracy of the system.

(l)     (c) a further certificate from the person in-charge of the computer system to the effect that to the best of his knowledge and belief, such computer system operated properly at the material time, he was provided with all the relevant data and the printout in question represents correctly, or is appropriately derived from, the relevant data.”.

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