Wednesday, 23 April 2014

13.10.1 (PENALT|ES AND ADJUDTCATTON)

Sections 43 to 47 deal with penalties and adjudication
Penalty for damage to computer, computer system, etc. (s. 43). A person who without permission of the owner or any other person who is in charge of a computer, computer system or computer network shall be liable to pay damages by way of compensation not exceeding Rs 10 lakh if he  does any of the following: (a) accesses or secures access to it; (b) down loads, copies or extracts any data, computer database of information from it, including information or data held or stored in any removable storage medium; (c) introduces or causes to be introduced any computer contaminant or computer virus into it; (d) damages or causes to be damaged any computer, etc., data, computer database or any other programes residing in such computer, etc; (d) disrupts or causes disruption of any computer, etc.; (f) denies or causes the denial of access to any person authorised to access any computer, etc; (g) provides any assistance to any person to facilitate access to a computer, etc., in contravention of the provisions of this Act; (h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, etc.

“Computer contaminant” means any set of computer instructions that are designed: (a) to modify, destroy, record, transmit data or programme residing within a computer, etc; or (b) by any means to usurp the normal operation of the computer, etc.

“Computer database” means a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or have been prepared in formalized manner or have been produced by a computer, etc, and are intended for use in a computer, etc.

“Computer virus” means any computer instruction, information, data or programe that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programe, data or instruction is executed or some other event takes place in that computer resource.

“Damage” means to destroy, alter, delete, add, modify or rearrange any computer resource by any means.

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