Part III
AMENDMENTS TO THE INDIAN PENAL CODE( 45 of 1860)

Inserted vide ITAA 2006

In the Indian Penal Code -

(a) Amendment to Section 4 in section 4,-, 

 i) after clause (2), the following clause shall be inserted namely:-

(3) any person in any place without and beyond India committing offence targeting a computer resource located in India

ii) for the Explanation, the following Explanation shall be substituted, namely:-

(a) the word "offence" includes every act committed outside India which, if committed in India would be punishable under this code.

(b) the expression "computer resource" shall have the meaning assigned to it in clause (k) of subsection (1) of section 2 of the Information Technology Act, 2000


(b) Amendment of Section 40  in clause (2), after the figure "117", the figures "118,119 and 120" shall be inserted.  
(c) Amendment of section 118 in section 118, for the words  "voluntarily conceals, by any act or illegal omission, the existence of a design", the words "voluntarily conceals by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design" shall be substituted.  
(d) Amendment of Section  119 in section 119, for the words "voluntarily conceals, by any act or illegal omission, the existence of a design", the words "voluntarily conceals by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design" shall be substituted.  
(e) Insertion of a new section 417A

Punishment for Identity Theft

After section 417, the following section shall be inserted, namely:-

417 A: Whoever, cheats by using the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

 
(f) Insertion of new section 419A

Punishment for cheating by personation using computer resource

After Section 419, the following section shall be inserted, namely:-

419 A: Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

Explanation: The expression "computer resource" shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the  Information Technology Act 2000.

(Omitted vide ITAA 2008)

 
g Amendment of section 464 in section 464, for the words "digital signature" wherever they occur, the words "electronic signature" shall be substituted.  
h Insertion of New Chapter XXI A    
  of Privacy

Chapter XXIA

Of Privacy

 
    502 A: Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with simple imprisonment for a term which may extend to two years or with fine not exceeding two lakh rupees or with both.

Explanation:- For the purpose of this section-

(a) "transmit" means to send electronically a visual image with the intent that it be viewed by a person or persons;

(b) "capture", with respect to an image, means to videotape, photograph, film or record by any means

(c) "private area" means the naked or undergarment clad genitals, public area, buttocks or female breast

(d) "publishes" means reproduction in the printed or electronic form and making it available for public

(e) "under circumstances violating privacy" means circumstances in which a person can have a reasonable expectation that

(i) he or she could disrobe in privacy, without being concerned that an image or his private area is being captured; or

(ii)any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

(Omitted vide ITAA 2008)