|
|
||||||||||
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 - |
|||||||||||
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,-
|
|||||||||||
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,-
shall be punishable with imprisonment for a term which may extend to two years and with fine.
|
|||||||||||
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. |
|||||||||||
|
|||||||||||
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 -
|
||||||||||
(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.
(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
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 |
|||||||||||
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
|
|||||||||||
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) |
Next |