13.12.1 (OFFENCES)

Sections 65 to 78 make provisions as regards offences committed under the Act

Tampering with Computer Source Document (s. 65). 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, (or computer programe, or 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 3 years, or with fine which may extend up to Rs 2 lakh, or with both.

The expression “computer source code” means the listing of programes, computer commands, design and layout and programme analysis of computer resource in any form.

13.12.2 Hacking with Computer System (s. 66). 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. Further, whoever commits hacking shall be punished with imprisonment up to 3 years, or with fine which may extend to Rs 2 lakh, or with both.

13.12.3 Publishing of information which is obscene in electronic form (s. 57). 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, to read, see or hear the matter, shall be punished on first conviction with imprisonment of either description for a term which may extend to 5 years or with fine which may extend to Rs 1 lakh. In the event of a second or subsequent conviction the imprisonment may extend to 10 years and the fine may extend to Rs 2 lakh.

13.12.4 Power of the controller to give directions (s. 68). 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 the Act, rules or any regulations made there under. Any person who fails to comply with any such order shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding Rs 2 lakh or both.

13.12.5 Directions of Controller to a subscriber to extend facilities to decrypt information (s. 69). 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. In such a case, the subscriber or any person in charge of the computer resource shall extend all facilities and technical assistance to decrypt the information. If he fails to provide the necessary assistance, then he shall be punished with an imprisonment for a term which may extend to 7 years.

13.12.6 Protected System (s. 70). The appropriate government may declare that any computer, computer system or computer network to be a protected system. It may authorise persons to have access to the protected system. Any person who secures access or attempts to secure access to a protected system without authority from the appropriate government shall be punished with imprisonment of either description for a tern which may extend to 10 years and shall also be liable to fine.

13.12.7 Penalty for misrepresentation (s. 71). Whoever makes any misrepresentation to, or suppresses any material fact from, the controller or the certifying Authority for obtaining any licence or Digital Signature Certificate, shall be punished with imprisonment for a term which may extend lo 2 years, or with fine which may extend to Rs 1 lakh, or with both

13.12.8 Breach of confidentiality and privacy (s.72). Any person, (empowered under the Act) who has secured access to any electronic record, book, register, correspondence, information, document or other material, and he, without the consent of the person concerned, discloses the same to any other person shall be punished with imprisonment for a team which may extend to 2 years, or with fine which may extend to Rs L lakh, or with both.

13.12.9 Penalty for Publishing Digital Signature certificate false in certain particulars. (s. 73). No person shall publish a Digital 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 purpose of verifying a digital signature created prior to such suspensions or revocation.

13.12.10 Publication for fraudulent purpose (s.74). Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a team which may extend to 2 years, or with fine which may extend to Rs L lakh, or with both.

13.12.11 Act to apply for offence or contravention committed outside India (s. 75). The provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality. For this application, it is necessary that the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India.

13.12.12 Confiscation (s.76). Any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which provision of this Act, rules, order or regulations made thereunder has been or is being contravened, shall be liable to confiscation.

13.12.13 Penalties and confiscation not to interfere with other punishments (s.77). 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.

13.12.14 Power to investigate offences (s. 78). Notwithstanding anything contained in the Code of Criminal Procedure, a police officer not below the rank of Deputy Superintendent of Police shall investigate any offence under this Act.