Cybercrime Law Services

The FIA Cybercrime Wing is the designated agency for investigating complaints involving online harassment, stalking, and the unauthorized distribution of private photos or videos (non-consensual deepfakes or intimate imagery). Upon receiving a complaint through their online portal or helpdesk, investigators utilize digital forensics to track IP addresses and recover deleted messages from social media platforms like WhatsApp or Facebook. If the evidence suggests a crime has been committed, the agency can conduct raids to seize electronic devices. For the accused, it is vital to ensure that the "chain of custody" for these devices is maintained, as any tampering can lead to a miscarriage of justice in the specialized courts.

Identity theft, which involves the unauthorized use of another person's identity information (such as CNIC details or credit card info), carries significant penalties including imprisonment for up to three years and heavy fines. Electronic fraud, defined as causing wrongful gain by interfering with data or information systems, can lead to even harsher sentences depending on the scale of the financial loss. These cases are often tried in the Special Courts (Cybercrime). Defense strategies often involve challenging the prosecution’s ability to link a specific individual to a specific device or network, especially in cases where Wi-Fi networks were unsecured or devices were shared among multiple users.

While many offenses under PECA are cognizable and non-bailable, the courts have the power to grant Post-Arrest Bail depending on the nature of the crime and the available evidence. For instance, if the case involves a "further inquiry" into the ownership of a social media account or the authenticity of a digital screenshot, the judge may allow the accused to be released pending trial. We prioritize filing a Writ Petition or a bail application by arguing that the accused is not a flight risk and that the digital evidence is already in the secure possession of the investigators, making further detention unnecessary for the completion of the inquiry.

Section 11 and Section 20 of the Act deal with the dissemination of information that incites hatred or targets the "glory of Islam" or the integrity of Pakistan. These are highly sensitive cases where the boundary between freedom of speech and criminal liability is often debated. The law penalizes the use of information systems to glorify an offense or person convicted of a crime. Defending these allegations requires a nuanced legal approach to prove that the shared content lacked criminal intent (mens rea) or was taken out of context. Our role is to protect clients from overreaching interpretations of the law while ensuring compliance with national security regulations.