Special Courts to Try Digital Crimes: Detailed Procedures Under PECA Act

Islamabad: The legal proceedings against PTI’s Secretary of Information, Rooh Hassan, under the Prevention of Electronic Crimes Act (PECA), have diverged from mere political and legal spheres. As the world grapples with digital crimes, specialized courts are set to handle trials related to these offenses. Here are the specifics on how investigations and trials will be conducted in Pakistan:
Under PECA, any criminal involved in digital crimes can be prosecuted by federal investigative agencies and police. Upon filing a case related to digital crimes, the police will be required to refer the matter for technical advice and investigation to the Federal Investigation Agency (FIA), while inspections will be conducted by Inspector Rank Officers.
In cases where joint investigative teams are formed by federal or provincial governments, these teams will include officers from various agencies, up to Grade 18. Both federal and provincial governments may establish one or more investigative teams concerning digital crimes.
A joint investigation team or inspection officer appointed by the court must complete investigations against the accused within 45 days of the commencement of proceedings.
Cases pertaining to digital crimes will be adjudicated in special courts established by the federal government in consultation with the Chief Justice, while the federal government will arrange special training in computer sciences, cyber forensics, electronic transactions, and data protection for judges of special courts, in consultation with the Chief Justice of the relevant High Court.
Under PECA, special courts will schedule hearings on a weekly basis upon notice of a case, and decisions on cases must be made within three months. Failure to do so will result in the matter being referred to the Chief Justice of the relevant High Court for appropriate directions.
This procedural framework under PECA aims to streamline and expedite the handling of digital crimes through specialized courts equipped with relevant expertise and oversight mechanisms.