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Chapter I : Preliminary
Chapter II : Digital Signature
Chapter III : Electronic Governance
Chapter IV : Attribution, Acknowledgment And Despatch Of Electronic Records
Chapter V : Secure Electronic Records And Secure Digital Signatures
ChapterVI : Regulation Certifying Authorities
Chapter VII : Digital Signature Certificates
Chapter VIII : Duties
Of Subscribers
Chapter IX : Penalties And Adjudication
ChapterX : The Cyber Regulations Appellate Tribunal
Chapter XI : Offences
Chapter XII : Network Service Providers Not Be Liable In Certain Cases.
Chapter XIII : Miscellaneous
The First Schedule : Amendment To The Indian Penal Code (See Section 91)(45 Of
1860]
The Second Schedule: Amendments To The Indian Evidence Act, 1872 (See Section
92) [1 Of 1872]
The Third Schedule : Amendments To The Bankers' Books Evidence Act, 1891 (See
Section 93) [18 Of 1891]
The Fourth Schedule : Amendment To The Reserve Bank Of India Act, 1934 (See
Section 94) [2 Of 1934]
CHAPTER XI: OFFENCES
1. Tampering with computer source documents
Whoever knowing 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
being time in force, shall be punishable with imprisonment up to three
year, or with
fine which may extend up to two lakh rupees, or with both.
Explanation.- For the Purpose 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..
2. 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 hacking.
(2) Whoever commits hacking shall be punished with imprisonment up to
three
years, or with fine which may extend up to two lakh rupees, or with both.
3. 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 circumstance, 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.
. 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.
4. Directions of Controller to a subscriber to extend facilitates 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 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.
(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 subsection
(2) shall be punished with an imprisonment for a term which may extend
to
seven years.
5. 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 a 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 provision 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.
6. Penalty for misrepresentation
(1) Whoever makes any misrepresentation to, or suppresses any material
fact
from, the Controller or the Certifying Authority for obtaining any license
or Digital
Signature Certificate, as the case may be, shall be punished with imprisonment
for a
term which may extend to two years, or which fine which may extend to
one lakh
rupees, or with both.
7. Penalty for breach of confidentiality and privacy
Save as otherwise provide 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
regulation made thereunder, has secured assess to any electronic record,
book,
register, correspondence, information, document or other material without
the
consent of the person concerned discloses such 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.
8. 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.
9. 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
extend
to one lakh rupees, or with both.
10. Act to apply for offence or contravention committed 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.
11. Confiscation
Any computer, computer system, floppies, compact disks, tape drives or
any other
accessories related thereto, in respect of which any provisions 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.
12. 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.
13. 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.
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