Prevention of electronic crime act (PECA)

INTRODUCTION
Prevention of electronic crime act (PECA) has published on 19 August 2016 for the citizens of Pakistan to
make the detection and prevention of electronic crimes. This act is applicable on each citizen of Pakistan
and apply on those persons who committed crime outside the country under this Act. Under PECA Act
various offenses and their punishment are clearly mentioned but, in my opinion, there are some suggestions
that need to make, they are following
Problem 1: Arrest Warrants Issue
Accessing, Modifying, Deleting data: The law enforcement agencies are not authorized to arrest
the criminal without the permission of magistrate in the following offenses (accessing data through
unauthorized means, Changing or modifying the data, deleting the data and access network and
computer infrastructure systems) mentioned under PECA Act,
o Section 3: Unauthorized access to information system or data
o Section 5: Interference with information system or data
o Section 8: Interference with critical infrastructure information system of data
o Section 11: Hate Speech
o Section 12: Funding and plaining for terrorism
Electronic Forgery: Includes
o Section 14: Electronic Fraud
o Section 17: Unauthorized issuance of SIM cards

The non-cognizable nature of these critical crimes may affect the investigation. Moreover, Intime response
may control further damage and can help the investigation team to collect evidence in more effective
manner which can latter on helps in successful prosecution.
In case of digital crime, the evidence lies in the digital equipment like mobile phone, laptop or computer,
therefore in case of no sudden action the criminal may delete the evidence or modify the evidence.
Therefore, it is suggested that PECA law may be revised as “All crimes committed under PECA act
should be cognizable (arrestable) and non-cognizable (non-arrestable without magistrate
permission)”.
Problem 2: No bail for at least a month
The most important thing is, offences mentioned under sections (3,5,8) are bailable so there may be at least
15 days or one month for detail investigation. So, that the criminal may not change or delete the evidence.
Problem 3: Expenses of Investigation
Digital forensic investigation (Section 3,5,8) is an expensive process so, some percent of cost of the
investigation may be received from both the parties.
Problem 4: Review of Child Pornography Punishment
Section 22 (1): Child Pornography: Punishment for child pornography should be increased from seven
years to Life imprisonment or hang till death in public if possible.
Problem 5: Independent Journalism suffers from PECA Act
Section 18 ensures that sharing of false intelligence material that harm a person reputation or privacy effects
independent journalism. Meanwhile section 21 strictly prohibited to share someone picture or video without
his/her permission. Such provisions should be removed from PECA act 2016.
Problem 6: Unauthorized issuance of SIM cards etc.
Section 17 deals with the issuance of SIM card. Now a days SIM cards are sold out in public place like
markets, parks etc. The seller introduced internet packages concepts to attract customers interaction but in
fact they are fraud, there is no such packages the main purpose is just to sale their product which may harm
law and order situation because criminals and terrorists can easily buy SIM cards without any restrictions.
So, section 17 may be revised as
“Unauthorized issuance of SIM cards at public places etc.”