Understanding Cybercrime Laws in Pakistan

Understanding Cybercrime Laws in Pakistan — A Practical Guide

By Syed Mustafa Hussain Gardezi · Lets-Legislate

Digital life brings convenience — and new risks. Pakistan’s primary legal framework for electronic offences is the Prevention of Electronic Crimes Act, 2016 (PECA), supported by rules, case law and enforcement by agencies such as the Federal Investigation Agency (FIA) Cyber Crime Wing. This guide explains the main offences, how investigations work, evidence preservation, typical penalties, and practical steps victims and lawyers should take.

What PECA 2016 covers — key offences

PECA criminalises a wide range of harmful electronic acts. The most important sections to know are:

• Section 20 — Cyberterrorism: Electronic conduct intended to threaten state security or public order.
• Section 21 — Electronic forgery and fraud: Manipulation of data or electronic documents for wrongful gain.
• Section 22 — Hacking and unauthorised access: Accessing systems without permission and related offences.
• Section 24 — Cyber harassment and stalking: Online harassment, threats and misuse of personal images.
• Section 25–26 — Identity theft and impersonation: Creating fake profiles or using another’s identity to commit offences.
• Section 37 — Electronic forgery of financial instruments: Making fraudulent electronic transfers or forged documents.
• Section 38–39 — Offences against critical infrastructure and data: Interfering with essential services or damaging data integrity.

Penalties and enforcement

Penalties under PECA vary by offence: fines, imprisonment, or both. For example, serious offences such as cyberterrorism carry long prison terms, while harassment, stalking or defamation can attract imprisonment of up to three years and substantial fines. Enforcement is primarily through the FIA Cyber Crime Wing, which has powers to investigate, seize digital evidence and coordinate with service providers.

How investigations typically proceed

1. Complaint intake: Victim lodges a complaint with FIA (online portal or physical office).
2. Preliminary assessment: FIA assesses jurisdiction and prima facie evidence.
3. Evidence preservation: Notices to internet service providers (ISPs) or platforms to preserve content.
4. Technical forensic analysis: Collection of logs, metadata, device imaging and forensic reports.
5. Arrest/charges: If evidence supports, suspects may be arrested and charges framed under PECA or related laws.

Evidence: what matters and how to preserve it

Digital evidence is fragile — it can be deleted, altered or lost. Preserve evidence immediately and carefully:

• Take screenshots with timestamps and URLs; capture full-page views where possible.
• Preserve original files and metadata (download images/videos rather than re-sharing).
• Note account usernames, profile URLs, IP addresses shown in messages, timestamps and platform notifications.
• Avoid tampering: do not edit, crop or apply filters that change original files.
• If threatened, save messages and do not delete communication — it is admissible as evidence.

Quick example: If someone posts a defamatory video, download the video file immediately, save the link and note the poster’s profile. Submit copies (with a clear chain of custody) to your lawyer and the FIA when filing a complaint.

Options for victims — practical steps

If you are a victim of a cyber offence:

1. Collect & preserve evidence as described above.
2. Report to FIA Cyber Crime Wing via complaint.fia.gov.pk or visit the nearest FIA office.
3. Consider a legal notice (demand to stop, remove content and preserve evidence) before filing criminal proceedings — this can sometimes halt harassment quickly.
4. File FIR or criminal complaint if harassment or fraud persists; your lawyer can assist in drafting the statement.
5. Seek interim remedies where appropriate — court orders for content removal or preservation notices to platforms and ISPs.

Role of service providers and takedown requests

Social media platforms and ISPs operate under their terms and often cooperate with law enforcement under legal process. In urgent cases, the FIA can request takedown or preservation of content. For private takedown, use platform reporting tools (e.g., Facebook, Twitter, YouTube) and keep records of your reports.

Interplay with other laws

PECA operates alongside other laws — the Pakistan Penal Code (for defamation, threats), the Prevention of Electronic Crimes Rules, and sectoral laws (banking, telecom). In financial fraud, remedies may include Banking Courts and civil suits for recovery alongside criminal prosecution under PECA.

Defence considerations and common pitfalls

Common defence strategies include disputing authorship, claiming consent or challenging chain-of-custody for digital files. For victims and lawyers, anticipate these defences and ensure a robust preservation and forensic trail that links the content to the accused.

Practical tips for lawyers handling cybercrime matters

• Partner with accredited digital forensic experts early in the case.
• File preservation requests to platforms quickly — delays reduce evidence reliability.
• Document chain of custody meticulously when transferring digital copies.
• Advise clients on communication strategy — avoid public commentary that may complicate evidence or defamation claims.
• Consider parallel civil remedies (injunctions, damages) where appropriate.

Important: Not every offensive online message will meet the criminal threshold. Lawyers should assess the substance of each complaint under PECA before escalating to criminal filings to avoid misuse of the system.

Where to get help

Victims may seek assistance from the FIA Cyber Crime Wing and qualified criminal or cyber law practitioners. You can find official complaint channels at the FIA portal and request legal support through licensed advocates.

Disclaimer: This guide explains general legal concepts and practical steps under Pakistani law. It does not replace personalised legal advice. For case-specific guidance consult a qualified lawyer.

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