43. Penalty for damage to computer, computer system, etc.
If any person without permission of the owner or any other
person who is incharge of a computer, computer system or computer network,-
(a) accesses or secures access to such computer, computer system or computer
network;
(b) downloads, copies or extracts any data, computer data
base or information from such computer, computer system or computer network
including information or data held or stored in any removable storage medium;
(c) i ntroduces or causes to be introduced any computer contaminant or
computer virus into any computer, computer system or computer network;
(d) damages or causes to be damaged any computer, computer
system or computer network, data, computer data base or any other programmes
residing in such computer, computer system or computer network;
(e) disrupts or causes disruption of any computer, computer system or
computer network;
(f) denies or causes the denial of access to any person authorised to access
any computer, computer system or computer network by any means;
(g) provides any assistance to any person to facilitate
access to a computer, computer system or computer network in contravention of
the provisions of this Act, rules or regulations made thereunder;
(h) charges the services availed of by a person to the account of another
person by tampering with or manipulating any computer, computer system, or
computer network,
he shall be liable to pay damages by way of compensation not exceeding one
crore rupees to the person so affected.
Explanation.-
For the purposes of this section,-
(i) "computer contaminant" means any set of
computer instructions that are designed-
(a) to modify, destroy, record, transmit data or programme residing
within a computer, computer system or computer network; or
(b) by any means to usurp the normal operation of the computer, computer
system, or computer network;
(ii) "computer data base" means a representation of
information, knowledge, facts, concepts or instructions in text, image, audio,
video that are being prepared or have been prepared in a formalised manner or
have been produced by a computer, computer system or computer network and are
intended for use in a computer, computer system or computer network;
(iii) "computer virus" means any computer instruction,
information, data or programme that destroys, damages, degrades or adversely
affects the performance of a computer resource or attaches itself to another
computer resource and operates when a programme, daia or instruction is executed
or some other event takes place in that computer resource;
(iv) "damage" means to destroy, alter, delete, add, modify or rearrange any
computer resource by any means.
44. Penalty for failure to furnish information return, etc.
If any person who is required under this Act or any rules or
regulations made thereunder to—
(a) furnish any document, return or report to the
Controller or ?he Certifying Authority fails to furnish the same, he shall be
liable to a penalty not exceeding one lakh and fifty thousand rupees for each
such failure;
(b) file any return or furnish any information, books or
other documents within the time specified therefor in the regulations fails to
file return or furnish the same within the time specified therefor in the
regulations, he shall be liable to a penalty not exceeding five thousand
rupees for every day during which such failure continues;
(c) maintain books of account or records, fails to
maintain the same, he shall be liable to a penalty not exceeding ten
thousand rupees for every day during which the failure continues.
45. Residuary penalty.
Whoever contravenes any rules or regulations made under
this Act, for .the contravention of which no penalty has been separately
provided, shall be liable to pay a compensation not exceeding twenty-five
thousand rupees to the person affected by such contravention or a penalty not
exceeding twenty-five thousand rupees.
46. Power to adjudicate.
(1) For the purpose of adjudging under this Chapter whether
any person has committed a contravention of any of the provisions of this Act
or of any rule, regulation, direction or order made thereunder the Central
Government shall, subject to the provisions of sub-section (3), appoint any
officer not below the rank of a Director to the Government of India or an
equivalent officer of a State Government to be an adjudicating officer'for
holding an inquiry in the manner prescribed by the Central Government.
(2) The adjudicating officer shall, after giving the person
referred to in sub-section (1) a reasonable opportunity for making
representation in the matter and if, on such inquiry, he is satisfied that the
person has committed the contravention, he may impose such penalty or award
such compensation as he thinks fit in accordance with the provisions of that
section.
(3) No person shall be appointed as an adjudicating officer
unless he possesses such experience in the field of Information Technology and
legal or judicial experience as may be prescribed by the Central Government.
(4) Where more than one adjudicating officers are
appointed, the Central Government shall specify by order the matters and
places with respect to which such officers shall exercise their jurisdiction.
(5) Every adjudicating officer shall have the powers of a civil court which
are conferred oh the Cyber Appellate Tribunal under sub-section (2) of section
58, and—
(a) all proceedings before it shall be deemed to be judicial
proceedings within the meaning of sections 193 and 228 of the Indian Penal
Code;
(b) shall be deemed to be a civil court for the purposes of sections
345 and 346 of the Code of Criminal Procedure, 1973.
47. Factors to be taken into account by the adjudicating
officer.
While adjudging the quantum of compensation under this Chapter, the
adjudicating officer shall have due regard to the following factors, namely:-
(a) the amount of gain of unfair advantage, wherever quantifiable, made
as a result of the default;
(b) the amount of loss caused to any person as a result of the default;
(c) the repetitive nature of the default