Cybercrime is no longer confined by geography. In today’s digital age, crimes are often committed across multiple jurisdictions, where the offender, victim, and data infrastructure may be located in different countries. This reality presents serious legal and practical challenges for investigation and prosecution, particularly for developing countries like Bangladesh.
Bangladesh has taken several legislative steps to address cybercrime, beginning with the ICT Act 2006, followed by the Digital Security Act 2018, the Cyber Security Act 2023, and most recently the Cyber Security Ordinance 2025. While these reforms reflect progress, significant gaps remain. Laws often lack clarity on how to enforce extra-territorial jurisdiction, and practical mechanisms for handling cross-border cases are still underdeveloped.
The core challenge lies in jurisdiction. Traditional legal principles are territorially bound, but cybercrime operates in a borderless environment. For Bangladesh, this creates difficulties in tracing offenders abroad, collecting evidence from foreign servers, and ensuring prosecution when multiple legal systems are involved.
One of the major limitations is the absence of clear cross-border investigation procedures. Authorities face obstacles in accessing digital evidence stored overseas, especially when it is controlled by foreign companies. This is further complicated by weak digital forensic capacity, including a shortage of skilled personnel and modern infrastructure.
International cooperation remains limited. Bangladesh is not a party to the Budapest Convention on Cybercrime, the primary global treaty facilitating cooperation and evidence sharing. Instead, it relies on Mutual Legal Assistance processes, which are often slow and ineffective for time-sensitive cyber investigations. The lack of bilateral and regional agreements further restricts enforcement capabilities.
Institutional weaknesses also contribute to the problem. Law enforcement agencies often lack adequate training, resources, and coordination. There is no fully integrated national strategy that brings together investigators, prosecutors, the judiciary, and private sector stakeholders. As a result, a clear gap persists between legal provisions and their practical enforcement.
Judicial developments worldwide illustrate the complexity of cyber jurisdiction. To address these challenges, Bangladesh must take decisive steps. Joining international frameworks like the Budapest Convention would significantly improve cooperation. Domestic laws should be refined to clearly define extra-territorial jurisdiction and streamline access to foreign digital evidence. Investment in cyber forensic infrastructure and specialized training is essential. Equally important is building strong partnerships with technology companies and developing a coordinated national cybercrime strategy.
Cybercrime has fundamentally challenged traditional legal systems. Without effective international collaboration, technological advancement, and legal reform, prosecution will remain difficult. Bangladesh must act proactively to strengthen its position in combating cross-border cyber threats and ensuring justice in an increasingly borderless digital world.
Simla Paul, Law Student, Gopalganj science and technology University
