Section No

XI. OFFENCES
XI 65 Tampering with Computer Source Documents

Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.

Explanation -

For the purposes of this section, "Computer Source Code" means the listing of programmes, Computer Commands, Design and layout and programme analysis of computer resource in any form.


66 Computer Related Offences (Substituted vide ITAA 2006)
       

If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees or with both.

Explanation: For the purpose of this section,-

a) the word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code;

b) the word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code.

 
66 A   Punishment for sending offensive messages through communication service, etc.( Introduced vide ITAA 2006)
         Any person who sends, by means of a computer resource or a communication device,-

a) any content that is grossly offensive or has menacing character; or

b) any content which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or illwill, persistently makes use of such computer resource or a communication device,

shall be punishable with imprisonment for a term which may extend to two years and with fine.

Explanation:- For the purposes of this section, the term "communication device" means cell phones, personal digital assistance (PDA) or combination of both or any other device used to communicate, send or transmit any text, video, audio or image.

 
67 Punishment for publishing or transmitting obscene material in electronic form (Amended vide ITAA 2006)

Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if  its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.


  67 A     Punishment for publishing or transmitting of material containing sexually explicit act,etc. in electronic form (Inserted vide ITAA 2006)  
       

Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct  shall be punished on first conviction  with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh  rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

 
       

Exception: This section and section 67 does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form-

(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science,literature,art,or learning or other objects of general concern; or

(ii) which is kept or used  bona fide  for religious purposes.

 
68 Power of Controller to give directions (Amended Vide ITAA 2006)
(1) 

The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder.

(2)

Any person who  intentionally or knowingly  (Inserted vide ITAA 2006) fails to comply with any order under sub-section (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding one lakh rupees or to both.


69

 Powers to issue directions for interception or monitoring or decryption of any information  through any computer resource (Substituted Vide ITAA 2006)

(1) 

 Where the central Government is satisfied that it is necessary or expedient to do in the interest of the sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may, subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information transmitted through any computer resource.

(2)

The Central Government shall prescribe safeguards subject to which such interception or monitoring or decryption may be made or done, as the case may be.

(3)

The subscriber or intermediary or any person in charge of the computer resource shall, when called upon by any agency which has been directed under sub section (1), extend all facilities and technical assistance to -

(a) provide access to the computer resource containing such information;

(b) intercept or monitor or decrypt the information

(c)  provide information contained in computer resource.

    (4)   The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with an imprisonment for a term which may extend to seven years.
 
70 Protected system (Amended Vide ITAA-2006)
(1)

The appropriate Government may, by notification in the Official Gazette, declare  any computer resource which  directly or indirectly affects the facility of Critical Information Infrastructure, to be a protected system.

Explanation: For the purposes of this section, "Critical Information Infrastructure" means the computer resource, the incapacitation or destruction of which , shall have debilitating impact on national security, economy, public health or safety.

(Substituted vide ITAA-2006)

(2)

The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems notified under sub-section (1)

(3)

Any person who secures access or attempts to secure access to a protected system in contravention of the provisions of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

    (4)    The Central Government shall prescribe the information security practices and procedures for such protected system. (Inserted vide ITAA 2006)
 
  70 A    

 Indian Computer Emergency Response Team to serve as national nodal agency. (Inserted vide ITAA 2006)

 
    (1)  

The Indian Computer Emergency Response Team (CERT-In) shall serve as the nodal agency in respect of Critical Information Infrastructure for coordinating all actions relating to information security practices, procedures, guidelines, incident prevention, response and report. (Inserted vide ITAA 2006)

 
    (2)  

For the purposes of sub-section (1), the Director of the Indian Computer Emergency Response Team may call for Information pertaining to Cyber Security from the service providers, intermediaries or any other person.

 
    (3)   Any person who fails to supply the information called for under sub-section (2) shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both.  
    (4)   The Director of the Indian Computer Emergency Response Team may, by order, delegate his powers under this section to his one or more subordinate officers not below the rank of Deputy Secretary to the Government of India.  
71 Penalty for misrepresentation

Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any licence or Electronic Signature Certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.


72 Breach of confidentiality and privacy

Save as otherwise provided in this Act or any other law for the time being in force, any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.


  72 A     Punishment for Disclosure of information in breach of lawful contract (Inserted vide ITAA-2006)  
       

Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such  material to any other person shall be punished with imprisonment for a term which may extend to two years, or with a fine which may extend to five lakh rupees, or with both.

 
73 Penalty for publishing electronic Signature Certificate false in certain particulars
(1)

No person shall publish a Electronic Signature Certificate or otherwise make it available to any other person with the knowledge that
(a) the Certifying Authority listed in the certificate has not issued it; or
(b) the subscriber listed in the certificate has not accepted it; or
(c) the certificate has been revoked or suspended,

unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation

(2)

Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.


74 Publication for fraudulent purpose

Whoever knowingly creates, publishes or otherwise makes available a Electronic Signature Certificate for any fraudulent or unlawful purpose shall be punished with  imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both


75 Act to apply for offence or contraventions committed outside India
(1) 

Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality.

(2)

For the purposes of sub-section (1), this Act shall apply to an offence or contravention committed outside India by any person if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India.


76 Confiscation

Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provision of this Act, rules, orders or regulations made thereunder has been or is being contravened, shall be liable to confiscation:

Provided that

where it is established to the satisfaction of the court adjudicating the confiscation that the person in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape drives or any other accessories relating thereto is found is not responsible for the contravention of the provisions of  this Act, rules, orders or regulations made thereunder, the court may, instead of making an order for confiscation of  such computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, make such other order authorised by this Act against the person contravening of the provisions of this Act, rules, orders or regulations made thereunder as it may think fit.


77 Compensation, penalties or confiscation not to interfere with other punishment. (Substituted Vide ITAA-2006)

No compensation awarded, penalty imposed or confiscation made under this Act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force.


  77 A     Offences under sections 66, 66A, 72 and 72A to be compoundable (Inserted vide ITA-2006)  
        Notwithstanding anything contained in the Code of Criminal Procedure, 1973, offences under sections 66, 66A, 72 and 72 A may be compounded by the aggrieved person

Provided that the provisions of this section does not apply where the accused is ,by reason of his previous conviction, liable to either enhanced punishment or to a punishment of a different kind for such offence.

 
  77 B     Cognizance of offences under Sections 66, 66 A, 72 and 72 A (Inserted vide ITAA-2006)  
        No Court shall take cognizance of an offence punishable under sections 66, 66A, 72 and 72 A, except upon a complaint made by the person aggrieved by the offence.  
78 Power to investigate offences (Amended Vide ITAA 2006)
(1)

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the rank of Deputy Superintendent of Police shall investigate any cognizable offence under this Act. (Amended Vide ITAA 2006)

    (2)  

 When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence under this act, he shall cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.  (Inserted vide ITAA-2006)

 
    (3)  

Any Police officer receiving such information may exercise the same powers in respect of investigation ( except the power to arrest without warrant) as an officer in charge of the police station may exercise in a cognizable case under section 156 of the Code of Criminal Procedure, 1973. (Inserted vide ITAA-2006)

 


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