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.- For the purposes 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 hack:
(2) Whoever commits hacking shall be punished with
imprisonment up to three years, or with fine which may extend upto two lakh
rupees, or with both.
67. Publishing of information which is obscene in
electronic form.
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 years and with fine which may extend to one 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 years and also with fine which
may extend to two lakh rupees.
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 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.
69. Directions of Controller to a subscriber to extend
facilities to decrypt information.
(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 Stales 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 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 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.
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 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.
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 Digital 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.
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 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.
73. Penalty for publishing Digital Signature Certificate false in certain
particulars.
(1) 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 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 Digital 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 contravention commited
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 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.