Bahrain combats cybercrime

Saad Al Doseri and Noor Fathalla of Al Doseri Law talks the new amendments to Bahrain’s Penal Code, broadening the definition of theft to address the rising concerns about cybercrime and modern electronic device theft.

The Legislative Decree No. (15) of 1976 promulgating the Penal Code (the “Penal Code”) has been amended by Legislative Decree No. (3) of 2025 (the “Amendments”), which considerably broadens the scope of the definition of theft to efficiently reflect today’s rising concerns regarding cybercrime and the theft of modern electronic devices.

The amendments

The Amendments added the following clauses to the Penal Code:

• New Clause (12) to Article (380):

Any mobile phone, or laptop, or tablet, or any other electronic, magnetic, optical, or electrochemical device, a tool integrating communication and computing technologies, or any device capable of receiving, transmitting, processing, storing, and retrieving data at high speed.

• Third paragraph to Article (380):

The minimum penalty prescribed in the preceding two paragraphs shall be imprisonment for no less than one year if the theft involves the devices or tools mentioned in Clause (12) of this Article with the intent to obtain the information, data, or images that they contain.

• Second and third paragraphs to Article (396):

The penalty shall be imprisonment for a term not exceeding two years or a fine not exceeding five hundred dinars if the crime involves a mobile phone, laptop, tablet, or any electronic, magnetic, optical, electrochemical device, or a tool integrating communication and computing technologies or any device capable of receiving, transmitting, processing, storing, and retrieving data at high speed.

The penalty shall be imprisonment for a term not exceeding two years and a fine not exceeding five hundred dinars, or either of these penalties if the devices or tools mentioned in the preceding paragraph are seized to obtain the information, data, or images they contain.

Previous clauses

The previous Penal Code has specified eleven (11) circumstances of theft in which the minimum prison sentence is three (3) months. Some of these circumstances include theft in places of worship or residence, theft in modes of transportation, a marina, or an airport, armed theft, theft through misrepresentation, and more.

What do the amendments change?

Evidently, the circumstances listed do not specify cybercrime nor the theft of modern electronic devices. Thus, the Amendments added an additional clause (12) to Article 380 to explicitly criminalise the theft of a mobile phone, laptop, tablet, or any electronic, magnetic, optical, electrochemical device, or any device integrating communication and computing technologies, or any other device capable of rapidly receiving, transmitting, processing, storing, and retrieving data (“Modern Electronic Devices”). The Amendment included an additional minimum sentence of one (1) year if the theft of said devices was with the intention of obtaining information, data, or images.

Furthermore, Article 396 was amended to include two additional paragraphs:

• To explicitly criminalise the unintentional theft or the theft of lost Modern Electronic Devices with a maximum sentence of two (2) years or a maximum fine of BHD500 (Five Hundred Bahraini Dinars); and
• A maximum sentence of two (2) years or a maximum fine of BHD500 (Five Hundred Bahraini Dinars) or both, should the said theft occur with the intention of obtaining information, data, or images.

Were the Penal Code amendments necessary considering the existing Law no. 60 of 2014 on information technology crimes?

The Amendments to Bahrain’s Penal Code, introduced by Legislative Decree No. (3) of 2025 complements this existing framework by addressing modern electronic device theft and cybercrimes. While Law No. 60 of 2014 focuses broadly on IT-related crimes, the Amendments expand the Penal Code’s scope to include detailed provisions for the theft of devices capable of storing and processing data, such as mobile phones and laptops. This addition is crucial as it provides specific penalties for device theft with the intent to access stored information, thereby enhancing legal protections against technological misuse and aligning with the broader objectives of Law No. 60 of 2014.

The Amendments were set in place to maintain the relevancy of the Penal Code and adapt to current developments. The risks of modern theft, such as financial crimes through electronic means and the breach of personal data, have naturally risen with the increased use and possession of Modern Electronic Devices. Thus, it is necessary to stay vigilant and aware of any scams.

Conclusion

The recent Amendments to Bahrain’s Penal Code, introduced by Legislative Decree No. (3) of 2025 mark a significant step forward in addressing the evolving landscape of cybercrime and electronic device theft. These changes specifically target the theft of mobile phones, laptops, tablets, and other modern electronic devices, providing clear legal consequences for such actions. By imposing stricter penalties for thefts committed with the intent to access sensitive information, the Amendments enhance the legal framework and align closely with the overarching objectives of Law No. 60 of 2014 on Information Technology Crimes. This proactive approach ensures that Bahrain’s legal system remains robust and relevant in the face of technological advancements and the associated risks of data breaches and cyber-related financial crimes, thereby offering greater protection to individuals and their personal data.

Text by:

Saad Al Doseri, founding partner, Al Doseri Law

Noor Fathalla, trainee lawyer, Al Doseri Law