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CHAPTER
XI: OFFENCES
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 being time 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 Purpose 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.
Hacking with computer system
(1)
Whoever with the intent to cause or knowing that he is likely to cause
wrongful loss or damage to the public or any person destroys or deletes or
alters any information residing in a computer resource or diminishes its
value or utility or affects it injuriously by any means, commits hacking.
(2)
Whoever commits hacking shall be punished with imprisonment up to three
years, or with fine which may extend up to two lakh rupees, or with both.
66
Hacking with
Computer System
Computer related offenses:
a)
If any
person, dishonestly or fraudulently, without permission of the owner or
of any other person who is incharge of a computer resource
(i) accesses or
secures access to such computer resource;
(ii)
downloads,
copies or extracts any data, computer data base or information from such
computer
resource including information or data held or stored in any
removable storage medium;
(iii)
denies or
causes the denial of access to any person authorised to access any
computer resource;
he shall be punishable with
imprisonment upto one year or a fine which may extend up to two lacs or
with both;
(b) If any person,
dishonestly or fraudulently, without permission of the owner or of any
other person who is incharge of a computer resource
(i)
introduces
or causes to be introduced any computer contaminant or computer virus into
any computer resource;
(ii)
disrupts or
causes disruption or impairment of electronic resource;
(iii)
charges the
services availed of by a person to the account of another person by
tampering with or manipulating any computer resource;
(iv)
provides any
assistance to any person to facilitate access to a computer resource in
contravention of the provisions of this Act, rules or regulations made
thereunder;
(v)
damages or
causes to be damaged any computer resource, date, computer databse, or
other programmes residing in such computer resource;
he shall be punishable with
imprisonment upto two years or a fine which may extend up to five lacs or
with both;
Explanation: For the
purposes of this section-
a.
‘Dishonestly’ – Whoever does anything with the intention of causing
wrongful gain to one person, wrongful loss or harm to another person, is
said to do this thing dishonestly”.
b.
‘Fraudulently’ – A person is said to do a thing fraudulently if he does
that thing with intent to defraud but not otherwise.
c.
“Without the
permission of the owner” shall include access to information that exceeds
the level of authorized permission to access.
67. Publishing
in electronic form
of information which is obscene in electronic form
(1)
Save as
provided in this Act under Section 79 which exempts intermediaries from
liability in certain cases,
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 five
two
years and with fine which may extend to
one
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
ten
five
years and also with fine which may extend to ten lakh rupees.
(2)
Whoever
intentionally and knowingly publishes or transmits through electronic form
any material which relates to child pornography, shall be punished with
imprisonment for a term not less than three years and with a fine which
may extend to ten lakh rupees
and in the event of
a 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.
Explanation: - For the
purposes of this section “child pornography” means material that features
a child engaged in sexually explicit conduct.
Exception – This
sub-section (1) does not extent to –
(a)
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 bon fide for religious purposes;
68. Power of
Controller to give directions
(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
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 three years or to a fine not exceeding two lakh rupees or to
both.
68A. Encryption and other technologies for security
of
data
The Central Government may, for secure use of the electronic medium and
for promotion of e-governance and e-commerce by rules provide for one or
more modes or methods for encryption.
69.Directions of Controller to a subscriber to extend facilitates to
decrypt information
19B
(1) If the Controller is satisfied that it is necessary or expedient so to
do in the interest of the sovereignty or integrity of India, the security
of the State, friendly relations with foreign States or public order or
for preventing incitement to the commission of any cognizable offence; for
reasons to be recorded in writing, by order, direct any agency of the
Government to intercept any information transmitted through any computer
resource.
(2) The subscriber or any person incharge 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 decrypt the
information.
(3) The subscriber or any person who fails to assist the
agency referred to in sub-section (2) shall be punished with an
imprisonment for a term which may extend to seven years
69.
Power to issue directions for interception or
monitoring or
decryption of any information through any computer resource
(1) If the
Controller
Central
Government
is satisfied that it is necessary or expedient so to do in the interest of
the sovereignty or integrity 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,
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
or
decrypt or cause to be monitored
any
information transmitted through any computer resource.
(2) The Central Government shall prescribe safeguards subject to which
such interceptions or monitoring may be done.
(2)
(3)
The subscriber 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
a.
to
decrypt the information;
or
b.
provide
access to the computer resource containing such information
(3)
(4)
The subscriber or any person who fails to assist the agency referred to in
sub-section (2)
(3)
shall be punished with an imprisonment for a term which may extend to
seven years.
70.
Protected system
(1) The
appropriate Government may, by notification in the Official Gazette,
declare that any computer, computer system or computer network to be a
protected system.
(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 provision 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.
71. Penalty for misrepresentation
(1) Whoever
intentionally
makes any misrepresentation to, or suppresses any material fact from, the
Controller or the Certifying Authority for obtaining any license or
DigitalElectronic
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.
Penalty for
Breach of confidentiality and privacy
(1)
Save as otherwise provided
in this Act or any other law for the time being in force, any person who,
in pursuance 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
intentionally
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
upto two years, or with fine which may extend to
one
five
lakh rupees, or with both.
(2)
Save as
otherwise provided under this Act, if any intermediary who by virtue of
any subscriber availing his services has secured access to any material or
other information relating to such subscriber, discloses such information
or material to any other person, without the consent of such subscriber
and with intent to cause injury to him, such intermediary shall be liable
to pay damages by way of compensation not exceeding Rs. 25 lakhs to the
subscriber so affected.;
(3)
Whoever
intentionally captures or broadcasts an image of a private area of an
individual without his consent, and knowingly does so under circumstances
violating the privacy of that individual, shall be liable to pay
compensation not exceeding Rs. 25 lakhs to the person so affected, and
shall also be liable for imprisonment for a term not exceeding one year or
with fine not exceeding Rs 2 Lakhs, or with both on the complaint of the
person so affected.
(4)
No court
shall take cognizance of any offense punishable under sub-section (3)
except upon a complaint filed by the aggrieved person in writing before a
Magistrate
Explanation: For the purpose of this section
(a)
“capture”
with respect to an image, means to videotape, photograph, film, record by
any means;
(b)
“broadcast”
means to electronically transmit a visual image with the intent that it be
viewed by a person or persons;
(c)
“a private
area of the individual” means the naked or undergarment clad genitals,
pubic area, buttocks, or female breast of that individual;
(d)
“female
breast” means any portion of the female breast below the top of the
areola; and
(e)
“under
circumstances violating the privacy of that individual” means –
(i)
circumstances in which a reasonable person would believe that he or she
could disrobe in privacy, without being concerned that an image of a
private area of the individual was being captured; or
(ii)
circumstances in which a reasonable person would believe that a private
area of the individual would not be visible to the public,
regardless of whether that person is in a public or private place.
(f)
“Intermediary” as defined in Section 79;
(g)
Injury as defined in IPC.
73. Penalty for
publishing
DigitalElectronic
Signature Certificate false in certain particulars
(1) No person
shall publish an
DigitalElectronic
21ASignature
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 an
digitalelectronic21A
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 an
DigitalElectronic21A
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 extend to one lakh rupees, or with both.
75. Act to apply for offence or contravention 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 provisions 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. Penalties or confiscation not to interfere with other punishments
No penalty imposed or confiscation made under this Act shall prevent the
imposition of any other punishment to which the person affected thereby is
liable under any other law for the time being in force.
78.
Power to investigate offences
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 offence under this Act.
CHAPTER XIA
EXAMINER OF ELECTRONIC EVIDENCE
78A. Central Government to notify Examiner
of
Electronic
Evidence
The Central Government
may,
for the purposes of providing expert opinion on electronic form evidence
before any court or other authority notify any Department, Body or Agency
of the Central or the State Government
or any
suitably qualified expert
as an Examiner of Electronic Evidence.
The procedures and conditions for the notification of such examiner shall
be as prescribed by the Central Government.
Explanation:
For the purposes of this section “Electronic
Evidence” means any information of probative value that is either stored
or transmitted in electronic form and includes computer evidence, digital
audio, digital video, cell phones, digital fax machines etc
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