(3) Whoever commits the offence of spamming as described in subsection (1) by transmitting
harmful, fraudulent, misleading or illegal information, shall be punished with imprisonment for a term
which may extend to three months or with fine of rupees fifty thousand which may extend upto
rupees five million or with both.
(4) Whoever commits the offence of spamming as described in subsection (1) by transmitting
unsolicited information, or engages in direct marketing in violation of subsection (2), for the first
time, shall be punished with fine not exceeding fifty thousand rupees, and for every subsequent
violation shall be punished with fine not less than fifty thousand rupees that may extend up to one
million rupees.
26. Spoofing.— (1) Whoever with dishonest intention establishes a website or sends any
information with a counterfeit source intended to be believed by the recipient or visitor of the
website, to be an authentic source commits spoofing.
(2) Whoever commits spoofing shall be punished with imprisonment for a term which may extend
to three years or with fine which may extend to five hundred thousand rupees or with both.
27. Legal recognition of offences committed in relation to information system.— (1)
Notwithstanding anything contained in any other law for the time being in force, an offence under
this Act or any other law shall not be denied legal recognition and enforcement for the sole reason of
such offence being committed in relation to or through the use of an information system.
(2) References to "property" in any law creating an offence in relation to or concerning property,
shall include information system and data.
28. Pakistan Penal Code, 1860 (Act XLV of 1860) to apply.—The provisions of the Pakistan
Penal Code, 1860 (Act XLV of 1860), to the extent not inconsistent with anything provided in this
Act, shall apply to the offences provided in this Act.
CHAPTER III
ESTABLISHMENT OF INVESTIGATION AGENCY AND PROCEDURAL
POWERS FOR INVESTIGATION
29. Establishment of investigation agency. (1) The Federal Government may establish or
designate a law enforcement agency as the investigation agency for the purposes of investigation of
offences under this Act.
(2) Unless otherwise provided for under this Act, the investigation agency and the authorized
officer shall in all matters follow the procedure laid down in the Code to the extent that it is not
inconsistent with any provision of this Act.
(3) The investigation agency shall establish its own capacity for forensic analysis of the data or in
information systems and the forensic analysis reports generated by the investigation agency shall not
be inadmissible in evidence before any court for the sole reason that such reports were generated by
the investigation agency.
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