Content Manager

CHAPTER 1

DEFINITIONS AND INTERPRETATION

1. Definitions and interpretation

CHAPTER 2

CYBERCRIMES, MALICIOUS COMMUNICATIONS, SENTENCING ANDORDERS TO PROTECT COMPLAINANTS FROM HARMFUL EFFECT OF MALICIOUS COMMUNICATIONS

PART I: CYBERCRIMES

2. Unlawful access

3. Unlawful interception of data

4. Unlawful acts in respect of software or hardware tool

5. Unlawful interference with data or computer program

6. Unlawful interference with a computer data storage medium or computer system

7. Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device

8. Cyber fraud

9. Cyber forgery and uttering

10. Cyber extortion

11. Aggravated offences

12. Theft of incorporeal property

PART II: MALICIOUS COMMUNICATIONS

13. Definitions

14. Data message which incites damage to property or violence

15. Data message which threatens persons with damage to property or violence

16. Disclosure of data message of intimate image

PART III: ATTEMPTING, CONSPIRING, AIDING, ABETTING, INDUCING, INCITING, INSTIGATING, INSTRUCTING, COMMANDING OR PROCURING TO COMMIT OFFENCE

17. Attempting, conspiring, aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring to commit offence

PART IV: COMPETENT VERDICTS

18. Competent verdicts

PART V: SENTENCING

19. Sentencing

PART VI: ORDERS TO PROTECT COMPLAINANTS FROM HARMFUL EFFECT OF MALICIOUS COMMUNICATIONS

20. Order to protect complainant pending finalisation of criminal proceedings

21. Electronic communications service provider to furnish particulars to court

22. Orders on finalisation of criminal proceedings

23. Penalties

CHAPTER 3

JURISDICTION

24. Jurisdiction

CHAPTER 4

POWERS TO INVESTIGATE, SEARCH, ACCESS OR SEIZE

25. Definitions

26. Standard Operating Procedures

27. Application of Criminal Procedure Act, 1977

28. Search for, access to, or seizure of certain articles

29. Article to be searched for, accessed or seized under search warrant

30. Oral application for search warrant or amendment of warrant

31. Search for, access to, or seizure of article without search warrant with consent of person who has lawful authority to consent

32. Search for, access to, or seizure of article involved in the commission of an offence without search warrant

33. Search for, access to, or seizure of article on arrest of person

34. Assisting police official or investigator

35. Obstructing or hindering police official or investigator and authority to overcome resistance

36. Powers conferred upon police official or investigator to be conducted in decent and orderly manner with due regard to rights of other persons

37. Wrongful search, access or seizure and restriction on use of instrument, device, password or decryption key or information to gain access

38. False information under oath or by way of affirmation

39. Prohibition on disclosure of information

40. Interception of indirect communication and obtaining of real-time communication-related information

41. Expedited preservation of data direction

42. Preservation of evidence direction

43. Oral application for preservation of evidence direction

44. Disclosure of data direction and search for, access to, and seizure of articles subject to preservation

45. Obtaining and using publicly available data or receiving data from person who is in possession of data

CHAPTER 5

MUTUAL ASSISTANCE

46. Application of provisions of Chapter

47. Spontaneous information
48. Foreign requests for assistance and cooperation

49. Complying with order of designated judge

50. Informing foreign State of outcome of request for mutual assistance and expedited disclosure of traffic data

51. Issuing of direction requesting mutual assistance from foreign State

CHAPTER 6

DESIGNATED POINT OF CONTACT

52. Establishment and functions of designated Point of Contact

CHAPTER 7

EVIDENCE

53. Proof of certain facts by affidavit

CHAPTER 8

REPORTING OBLIGATIONS AND CAPACITY BUILDING

54. Obligations of electronic communications service providers and financial institutions

55. Capacity to detect, prevent and investigate cybercrimes

56. National Director of Public Prosecutions must keep statistics of prosecutions

CHAPTER 9

GENERAL PROVISIONS

57. National Executive may enter into agreements

58. Repeal or amendment of laws

59. Regulations

60. Short title and commencement

Questions