Cyberstalking, the Pakistani legal tool box

The Pakistani cyberstalker who created the impersonating account @BestInventoryPR, renamed in @BetterInventory, has her own legal pudding for manipulating an audience in a vain attempt to impress her victim. She recently mentioned the Pakistan Penal Code, the Telegraph Act and the Prevention of Electronic Crimes Act. Her despicable allegations already debunked in numerous articles and her rabid hate speech widely evidenced will not be examined here. The article will detail the text of laws Ms Ramla Akhtar refers to.
The Pakistani cyberstalker who created the impersonating account @BestInventoryPR, renamed in @BetterInventory, has her own legal pudding for manipulating an audience in a vain attempt to impress her victim. She recently mentioned the Pakistan Penal Code, the Telegraph Act and the Prevention of Electronic Crimes Act. Her despicable allegations already debunked in numerous articles and her rabid hate speech widely evidenced will not be examined here. The article will detail the text of laws Ms Ramla Akhtar refers to.

Content

The one-person tribunal

Note the “We”.

Note the “our team”.

These are the penal codes applicable to French citizen Mr. Bernard G* for his assault on & harassment of victims of a rapist-pedophile, and for reaching out to a remote community in order to repress evidence, and for forcing Pakistanis to submit evidence to him instead of to law.

Criminal conspiracy 120-B PPC, threats to restrain exercise of legal remedy S.190, causing disappearance of evidence S.201 PPC, obstruction of lawful apprehension S.225-B, criminal intimidation S.5O6, 25D Telegraph act, PECA 2016

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The Pakistan Penal Code

120-A Definition of criminal conspiracy:

When two or more persons agree to do, or cause to be done,
(1) an illegal act, or
(2) an act which is not illegal by illegal means such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation: It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. (Pakistan Penal Code).

120-B Punishment of criminal conspiracy:

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. (Pakistan Penal Code).

190. Threat of injury to induce person to refrain from applying for protection to public servant:

Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. (Pakistan Penal Code).

201. Causing disappearance of evidence of offence, or giving false information to screen offender:

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine: and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longer term of the imprisonment provided for the offence, or with fine, or with both. (Pakistan Penal Code).

225-B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for:

Whoever, in any case not provided for in Section 224 or Section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (Pakistan Penal Code).

506.Punishment for criminal intimidation:

Whoever commences the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

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The Telegraph Act – 1885

25-D. – Penalty for causing annoyance, etc.

Any person, including a Telegraph Officer, who uses any telephone, public or private, for causing annoyance or intimidation to any person, whether a subscriber or not, or for obnoxious calls shall, without prejudice to any other action which the Telegraph Authority is competent to make under this Act, be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (The Telegraph Act – 1885)

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PECA 2016 – The Prevention of Electronic Crimes Act 2016

PECA Presentation

Prevention of Electronic Crimes Act, 2016 was enacted to address the prevention of cyber crimes and unauthorized acts with respect to the information system in Pakistan. It is applicable to every citizen of Pakistan wherever he may be and also to every other person for the time being in Pakistan. It also apply to any act committed outside Pakistan by any person if the act constitutes an offence under this Act and affects a person, property, information system or data located in Pakistan. The provision of Prevention of Electronic Crimes Act, 2016 shall have effect not in derogation of the Pakistan Penal Code, 1860, the Code of Criminal Procedure, 1898, the Qanoon-e-Shahadat, 1984, the Protection of Pakistan Act, 2014 and Investigation for Fair Trial Act, 2013.

PDF version of PECA 2016

The law address to following types of cyber crimes under the Act:

  1. Access or interfere the data or information system and copying or transmission of data; (Section 3, 4 and 5 of the Act).
  2. Unauthorized access, unauthorized copying, unauthorized transmitting or unauthorized interfering with the critical infrastructure OR threaten to commit any of the aforesaid offences with an intention to coerce, intimidate, create a sense of fear, panic, insecurity or public or community/society (Sections 6, 7 and 8 of the Act).
  3. Prepare or disseminate information through any information system or device with the intent to glorify an offence relating to terrorism, or any person convicted of a crime relating to terrorism OR threaten to commit any of the aforesaid offences with an intention to coerce, intimidate, create a sense of fear, panic, insecurity or public or community/society (Section 9 of the Act ).
  4. Whosoever prepares or disseminates any Hate Speech, information that invites motivation of people to fund or recruits for terrorism through any information system or device (Sections 11 & 12 of the Act).
  5. Electronic forgery and electronic fraud committed by interfering with any information system, device or data with the intent to cause damage or injury to the public; or to make any illegal claim; or title or to cause any person to part with property; or to enter into a contract; to commit fraud; alteration, deletion or suppression of data etc. (Sections 13 & 14 of the Act).
  6. An act to manufacture, generate, adapt, export, supplyoffer to supply or import any information system, data or device, with an intent to be used or believing that it is primarily to be used to commit or to assist in the commission of an offence under this Act. (Section 15 of the Act).
  7. Unauthorized use of another person’s identity information or to obtain, sell, possess or transmit such information. (Sections 16 of the Act).
  8. Issuance of SIM (subscriber identity module); R-IUM (re-useable identification module); or UICC (universal integrated circuit) or any other module designed for authenticating users to establish connection with the network and to be used in cellular mobile, wireless phone or other digital devices without obtaining and verification of the subscriber’s antecedents. (Section 17 of the Act).
  9. Dignity of Natural Person: Public exhibit or display or transmission of any information knowingly that such information is false and intimidate or harm the reputation or privacy of a natural person through an information system. (Section 20 of the Act).
  10. Modesty of Natural Person:, Intentional and public display or exhibition or transmission of any information which superimposes a photograph over any sexually explicit image or video of a natural person; includes a photograph in sexually explicit conduct of a natural person; intimates a natural person with sexual act; sexually explicit image or video of a natural person; or entices or induces a natural person to engage in sexually explicit act; through an information system to harm a natural person or his reputation, take revenge, create hatred or blackmail a natural person. (Section 21 of the Act).
  11. Child Pornography: Produce, offer or make available, distribute or transmit through an information system or to procure for himself or for any other person or without lawful justification possesses material in an information system any material which contain the elements of child pornography. (Section 22 of the Act).
  12. Writing, offering, making available, distributing or transmitting malicious code through an information system with an intent to cause harm to any information system or data resulting in the corruption, destruction, alteration suppression, theft or loss of information system. (Section 23 of the Act).
  13. Doing Cyber Stalking with an intent to coerce or intimidate or harass any person by using information system, information system network, internet website, electronic mail or any similar means of communication. The term Cyber Stalking includes: (a) foster personal interaction repeatedly to a person who clearly indicates a disinterest from the stalker; (b) monitor the internet, electronic mail, text message or any other form of electronic communication of another person; (c) watch or spy upon a person in a manner that results in fear of violence or serious alarm or distress in mind of such persons; and (d) take photograph or make video of a person and display or distribute such video in a manner without his consent that harms a person. (Section 24 of the Act).
  14. Spamming: A person commits the offence of spamming who with an intent transmits harmful, fraudulent, misleading, illegal or unsolicited information to any person without permission of the recipient or who causes any information system to show any such information for wrongful gain. (Section 25 of the Act).

Personal opinion about PECA

This law is an ultimate joke. Pakistan, at its highest level, is famous for spreading hate speech and incitation for terrorism on social media. Since the autumn 2020 campaign, which resulted in the Islamist murders wave in France, Pakistan became a world pariah and its GSP+ trade agreement has been challenged by the EU parliament.

Pakistani “Human rights” minister, Shireen Mazari has been slammed by French MFA for her hate speech on Twitter.

Even Pakistani President, Arif Alvi, was slammed by French MFA.

Here, is a must-read about Pakistan propaganda war machine on social media: The Anatomy of Pakistan’s 5th generation warfare

Pakistan is so isolated that receiving a phone call from German Chancellor, Angela Merkel, makes the day if not the week of Imran Khan, the Pakistan PM, as proudly and ridiculously advertised on Twitter.

No doubt that PECA is not intended to protect citizens and to enforce transparency on social media. It is just an additional mean for Pakistani army, ISI and government to silent any dissident opinion in the public sphere.

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The Anti-Terrorism Act

We will not enter in too many details, here. This is just a reminder that Ms Ramla Akhtar opposed articles talking about her regular scapegoat, the Wakhi minority of Northern Pakistan for which she expresses a rabid hatred. Writing positively about these people should be considered, for this unstable mind, as “separatism” and, de facto, as “terrorism”. It is probable that such a tortuous scheme was suggested by the Russian “westernophobe”, Ms Olga Leonidovna Ozerova, as early as June 2019. In January 2021, Ms Ozerova said she would file, in Pakistan, a complaint for terrorism against Bernard Grua, with the help of 10 false witnesses. Since, there is no news of such an absurb project.

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See also:

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Published by Bernard Grua

Graduated from Paris "Institut d'Etudes Politiques", financial auditor, photographer, founder and spokesperson of the worldwide movement which opposed to the delivery of Mitral invasion vessels to Putin's Russia, contributor to French and foreign media for culture, heritage and geopolitics.

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