Table of Contents
- Overview
- Legal Framework
- Step-by-Step Process
- Requirements and Documents
- How TRW Can Help
- Frequently Asked Questions
Related Reading: Bail Application in Bangladesh | Anticipatory Bail | High Court Bail | Bail Conditions | Remand Hearing
Cybercrime Cases in Bangladesh
Cybercrime cases in Bangladesh are primarily prosecuted under the Digital Security Act 2018 and the Information and Communication Technology Act 2006. Many cybercrime offences are non-bailable, making bail difficult to obtain. However, the High Court Division has granted bail in numerous cybercrime cases where the prosecution case was weak or the accused had been in custody for an extended period.
Key Cybercrime Offences and Bail Eligibility
- Section 25 DSA (offensive content): Up to 3 years — bailable for first offence
- Section 26 DSA (identity theft): Up to 5 years — non-bailable
- Section 28 DSA (religious sentiments): Up to 10 years — non-bailable
- Section 29 DSA (defamation): Up to 3 years — bailable for first offence
- Section 31 DSA (deterioration of law and order): Up to 7 years — non-bailable
How to Get Bail in a Cybercrime Case
For bailable cybercrime offences, bail is a right. For non-bailable offences, bail must be sought from the Sessions Court or High Court Division. The High Court has been relatively more willing to grant bail in DSA cases, particularly where: the content published was factually accurate; the case is motivated by political considerations; or the accused is a journalist or activist.
Constitutional Challenge to DSA
Several provisions of the Digital Security Act have been challenged as unconstitutional for violating the right to freedom of expression under Article 39 of the Constitution. The defence lawyer can raise constitutional arguments in bail applications to strengthen the case for bail.
TRW Law Firm — Cybercrime Defence
TRW Law Firm has experience defending clients against cybercrime charges, including DSA cases involving journalists, activists, and business persons. The firm challenges the constitutionality of DSA provisions and advocates for bail in all cybercrime cases.
Expert Legal Assistance
For professional legal assistance on bail matters in Bangladesh, contact the experienced team at Tahmidur Rahman's Law Office. Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub lead a dedicated team at TRW Law Firm Bangladesh with extensive experience in criminal defence, bail applications, and High Court matters.
The firm handles urgent bail matters across all courts in Bangladesh — from Sessions Court to the High Court Division. Same-day bail application filing is available for urgent cases.
Frequently Asked Questions
Q: How quickly can a bail application be filed in Bangladesh?
A: An urgent bail application can be filed on the same day at the Sessions Court. High Court bail applications typically take 2-3 working days to prepare and file properly.
Q: What is the difference between regular bail and anticipatory bail?
A: Regular bail is applied for after arrest, while anticipatory bail under Section 498 CrPC is sought before arrest when there is apprehension of arrest. Anticipatory bail can only be granted by the Sessions Court or High Court.
Q: Can bail be cancelled once granted?
A: Yes. Under Section 497(5) CrPC, bail can be cancelled if the accused misuses bail, tampers with evidence, threatens witnesses, or fails to appear in court. The prosecution or court can apply for cancellation.
Q: What happens if the bail application is rejected?
A: If rejected by the Sessions Court, a fresh application can be made to the High Court Division. Each court considers the application independently based on the merits at that time.