Part-2
Establishment of Cyber Tribunal, Investigation of Offences, Adjudication,
Appeal Etc.
68. Establishment of Cyber Tribunal.—(1) The Government shall, by notification in the
Official Gazette, establish one or more Cyber Tribunals to be known as Tribunal at times for the
purposes of speedy and effective trials of offences committed under this Act.
(2)
Cyber Tribunal established under sub-section (1) of this section in consultation with the
Supreme Court shall be constituted by a Session Judge or an Additional Session Judge appointed by
the Government; and similarly appointed a Judge to be known as “Judge, Cyber Tribunal.”
(3)
Local jurisdiction of entire Bangladesh or jurisdiction of one or more Session Divisions
can be given to the Cyber Tribunal established under this Act; and the Tribunal only prosecutes the
offences committed under this Act.
(4)
The on-going prosecution of any case of any Session Court shall not be suspended or
transferred automatically to the Tribunal of local jurisdiction concerned due to tendering of local
jurisdiction of entire Bangladesh or parts of jurisdiction constituted by one or more Session Divisions
to the Tribunal established by the Government later on, however, the Government by notification in the
Official Gazette, transfer the case to the Tribunal having special local jurisdiction.
(5)
Any Tribunal, taken decision otherwise, shall not be bound to retaking statement of
witness who has already given statement, or taking rehearing or begin again any other activities already
undertaken under sub-section (1) of this section, however, the Tribunal shall continue the prosecution
from where it stood on the basis of already taken or presented statement from the witness.
(6)
The Government, by order, shall define the place and time; accordingly the special
Tribunal shall conduct its activities from that place and time.
69. Trial procedure of Cyber Tribunal.--(1) Without written report of a police officer not
below the rank of Sub-Inspector or the prior approval of the Controller or any other officer authorized
by the Controller the special Tribunal shall not accept any offence trial.
(2)
The Tribunal shall follow the rules mentioned in the Chapter 23 of the Code of
Criminal Procedure, if they are not inconsistent with the rules of this Act, which is used in Session
Court.
(3)
Any Tribunal shall not suspend any prosecution without having written reasons and
unless it is required for the sake of just adjudication.
(4)
If the Tribunal is in the opinion that the accused person has been absconded and for that
it is not possible to arrest him and produce him before the Tribunal and there is no possibility to arrest
him immediately, in that case the Tribunal can order the accused person to appear before the Tribunal
by publishing such order in two mass circulated national Bengali dailies and if the accused person fails
to do so, the prosecution shall take place in his absence.
(5)
The rules mentioned in sub-section (4) of this section shall not be applicable if the
accused person fails to appear before the Tribunal or absconded after getting bail.
(6)
The Tribunal can order any police officer, or the Controller, or any officer authorized
by the Controller, as the case may be, to reinvestigate the case and submit the report within the
stipulated time of its own initiative or any application lodged to the Tribunal,
70. Application of code of criminal procedure in the activities of Tribunal.—(1) Rules of
Code of Criminal Procedure, as far as, are not inconsistent with the rules of this Act shall be applicable
in the activities of this Tribunal and it will have all the power as exercised by the Session Court.
(2)
The person prosecuting the case on behalf of the Government in this tribunal to be
known as public prosecutor.
71. Rules relating to bail.—The Judge of Cyber Tribunal shall not bail any person accused in
committing crime under this Act, which is punishable, unless-(a)
Hearing opportunity is given to the Government side on similar bail orders;
(b)
The Judge is satisfied that,--
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