# Cyber crime law in 9 flashcards. > PECA 2016 as amended in 2025: the key offences with their punishments, which ones are non-bailable, the new NCCIA, and how the Supreme Court treats bail. - Topic: Law study - For: Law students - A 11-slide carousel: https://failegal.site/media/cyber-crime-law-in-9-flashcards-peca - Published by FAI Legal on 2026-10-10 ## Quick quiz. Bailable? Guess first, then swipe for the answer. - **A. Non-bailable and cognizable** - **B. Bailable and non-cognizable** - **C. Not an offence at all** ## Answer: B. Section 43. Two lists to remember. - **Non-bailable, cognizable** Ss. 10, 13, 14, 20, 21, 22 and 26A (and abetment). - **Everything else** Non-cognizable, bailable and compoundable (s.43(1)). - **Cognizable by** The investigation agency (s.43(2)). ## Access and fraud. 1 to 3. Chapter II offences. - **Unauthorized access** Dishonest access to a system or data: 3 months or Rs 50,000. (s.3) - **Electronic forgery** Up to 3 years; 7 years for critical infrastructure. (s.13) - **Electronic fraud** Up to 2 years or Rs 10 million fine. (s.14) ## Identity and dignity. 4 to 6. Offences against a person. - **Identity information** Obtain, sell or use it without authorization: up to 3 years. (s.16) - **Dignity** Knowingly false information harming reputation: up to 3 years. (s.20) - **Modesty** Sexually explicit images to harm or blackmail: up to 5 years. (s.21) ## Stalking and fakes. 7 to 9. Including the 2025 addition. - **Cyber stalking** Coerce, intimidate or harass by repeated contact or spying: up to 3 years. (s.24) - **Spoofing** A website or message with a counterfeit source: up to 3 years. (s.26) - **Fake information** Known false, likely to cause fear or unrest: up to 3 years. (s.26A) ## The new agency. Section 29, substituted in 2025. > "(1) The Federal Government shall establish an investigation agency to be called the National Cyber Crime Investigation Agency (NCCIA) … (5) After establishment of the NCCIA, the Cyber Crime Wing of the Federal Investigation Agency shall cease to exist" (Prevention of Electronic Crimes Act, 2016 · Section 29(1), (5)) ## Trial rules. Who tries a PECA case. - **Designated courts** Presiding officers designated by the Federal Government with the Chief Justice of the High Court (s.44(1)). - **Procedure** The CrPC and the Qanun-e-Shahadat, where not inconsistent (s.44(4)). - **Minors** Trials of offences against minors are held in-camera (s.30C). ## Bail in the Supreme Court. Rule and exception. - **The rule** Ss. 20, 21, 24 fall outside the prohibitory clause: bail is the rule (2021 SCMR 557, 2021 SCMR 1016). - **The exception** Grievous intrusion into a young woman's privacy: bail refused (2022 SCMR 526). ## Revise with FAI. Ask FAI in your own words. It answers with the exact section and the leading judgments. - **Which PECA offences are non-bailable after the 2025 amendment?** - **Explain the difference between sections 20 and 21 of PECA with cases.** ## What this does not mean - Not every PECA offence is non-bailable. Only ss. 10, 13, 14, 20, 21, 22 and 26A (and abetment) are non-bailable and cognizable. The rest are non-cognizable, bailable and compoundable (s.43(1)). - After the NCCIA is established, the Cyber Crime Wing of the FIA ceases to exist (s.29(5)). - A charge under s.20, 21 or 24 does not bar bail. These fall outside the prohibitory clause, though bail was refused in a case of grievous intrusion into the privacy of a young woman (2022 SCMR 526). ## Questions people ask ### What is the punishment for cyber crime in Pakistan? It depends on the offence. Under PECA 2016, electronic fraud carries up to 2 years or a fine up to Rs 10 million (s.14), cyber stalking up to 3 years (s.24), and sexually explicit images used to harm or blackmail up to 5 years (s.21). ### Which PECA offences are non-bailable? Sections 10, 13, 14, 20, 21, 22 and 26A, and abetment of them, are non-bailable and cognizable. Everything else is non-cognizable, bailable and compoundable (s.43(1)). ### Who investigates cyber crime in Pakistan now instead of the FIA? Section 29, substituted in 2025, sets up the National Cyber Crime Investigation Agency (NCCIA). After it is established, the FIA Cyber Crime Wing ceases to exist (s.29(5)). ### Is spreading fake news a crime under PECA? Yes. Under s.26A, added in 2025, fake information known to be false and likely to cause fear or unrest carries up to 3 years. It is in the non-bailable list. ### Is bail granted in PECA cases? The Supreme Court treats ss. 20, 21 and 24 as outside the prohibitory clause, so bail is the rule (2021 SCMR 557, 2021 SCMR 1016). Bail was refused where there was grievous intrusion into the privacy of a young woman (2022 SCMR 526). ## Sources - Prevention of Electronic Crimes Act, 2016 · Section 29(1), (5): Investigation agency --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.