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 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.
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.