Cyber law assignment

CYBER LAW ASSIGNMENT
Submitted by:
VISHAL H. PATIL
MBA13007117
SCHOLASTICS

CASES STUDIES AS PER SELECTED IT ACT SECTIONS Here are the case
studies for selected IT Act sections.
For the sake of simplicity and maintaining clarity, details on the IT Act sections
have been omitted. Kindly refer the Appendix at the last section for the detailed
account of all the penalties and offences mentioned in IT Act.
a. Section 43 - Penalty and Compensation for damage to computer,
computer system, etc Related Case: Mphasis BPO Fraud: 2005 In December
2004, four call centre employees, working at an outsourcing facility operated
by MphasiS in India, obtained PIN codes from four customers of MphasiS’
client, Citi Group. These employees were not authorized to obtain the PINs. In
association with others, the call centre employees opened new accounts at
Indian banks using false identities. Within two months, they used the PINs and
account information gleaned during their employment at MphasiS to transfer
money from the bank accounts of CitiGroup customers to the new accounts at
Indian banks.
By April 2005, the Indian police had tipped off to the scam by a U.S. bank, and
quickly identified the individuals involved in the scam. Arrests were made when
those individuals attempted to withdraw cash from the falsified accounts, $426,000
was stolen; the amount recovered was $230,000.
Verdict: Court held that Section 43(a) was applicable here due to the nature of
unauthorized access involved to commit transactions. b. Section 65 - Tampering
with Computer Source Documents Related Case: Syed Asifuddin and Ors. Vs.
The State of Andhra Pradesh In this case, Tata Indicom employees were arrested
for manipulation of the electronic 32- bit number (ESN) programmed into cell
phones theft were exclusively franchised to Reliance Infocomm.
Verdict: Court held that tampering with source code invokes Section 65 of the
Information Technology Act. c. Section 66 - Computer Related Offences Related
Case: Kumar v/s Whiteley In this case the accused gained unauthorized access to
the Joint Academic Network (JANET) and deleted, added files and changed the
passwords to deny access to the authorized users.

Investigations had revealed that Kumar was logging on to the BSNL broadband
Internet connection as if he was the authorized genuine user and ‘made alteration
in the computer database pertaining to broadband Internet user accounts’ of the
subscribers.
The CBI had registered a cyber crime case against Kumar and carried out
investigations on the basis of a complaint by the Press Information Bureau,
Chennai, which detected
IT Act 2000: Penalties, Offences with Case Studies
the unauthorised use of broadband Internet. The complaint also stated that the
subscribers had incurred a loss of Rs 38,248 due to Kumar’s wrongful act. He used
to ‘hack’ sites from Bangalore, Chennai and other cities too, they said.
Verdict: The Additional Chief Metropolitan Magistrate, Egmore, Chennai,
sentenced N G Arun Kumar, the techie from Bangalore to undergo a rigorous
imprisonment for one year with a fine of Rs 5,000 under section 420 IPC
(cheating) and Section 66 of IT Act (Computer related Offence).
d. Section 66A - Punishment for sending offensive messages through
communication service Relevant Case #1: Fake profile of President posted by
imposter On September 9, 2010, the imposter made a fake profile in the name of
the Hon’ble President Pratibha Devi Patil. A complaint was made from Additional
Controller, President Household, President Secretariat regarding the four fake
profiles created in the name of Hon’ble President on social networking website,
Facebook.
The said complaint stated that president house has nothing to do with the facebook
and the fake profile is misleading the general public. The First Information Report
Under Sections 469 IPC and 66A Information Technology Act, 2000 was
registered based on the said complaint at the police station, Economic Offences

Wing, the elite wing of Delhi Police which specializes in investigating economic
crimes including cyber offences.
Relevant Case #2: Bomb Hoax mail In 2009, a 15-year-old Bangalore teenager was
arrested by the cyber crime investigation cell (CCIC) of the city crime branch for
allegedly sending a hoax e-mail to a private news channel. In the e-mail, he
claimed to have planted five bombs in Mumbai, challenging the police to find them
before it was too late. At around 1p.m. on May 25, the news channel received an e-mail
that read: “I have planted five bombs in Mumbai; you have two hours to find
it.” The police, who were alerted immediately, traced the Internet Protocol (IP)
address to Vijay Nagar in Bangalore. The Internet service provider for the account
was BSNL, said officials.
e. Section 66C - Punishment for identity theft Relevant Cases:
an identity theft protection company, Lifelock, Todd Davis's social security
number was exposed by Matt Lauer on NBC’s Today Show. Davis’ identity was
Chester University of Pennsylvania faked his own death, complete with a forged
obituary in his local paper. Nine months later, Li attempted to obtain a new
driver’s license with the intention of applying for new credit cards eventually.
f. Section 66D - Punishment for cheating by impersonation by using computer
resource Relevant Case: Sandeep Vaghese v/s State of Kerala A complaint filed
by the representative of a Company, which was engaged in the business of trading
and distribution of petrochemicals in India and overseas, a crime was registered
against nine persons, alleging offences under Sections 65, 66, 66A, C and D of the
Information Technology Act along with Sections 419 and 420 of the Indian Penal
Code.
The company has a web-site in the name and and style `www.jaypolychem.com'
but, another web site `www.jayplychem.org' was set up in the internet by first
accused Samdeep Varghese @ Sam, (who was dismissed from the company) in

conspiracy with other accused, including Preeti and Charanjeet Singh, who are the
sister and brother-in- law of `Sam'
Defamatory and malicious matters about the company and its directors were made
available in that website. The accused sister and brother-in-law were based in
Cochin and they had been acting in collusion known and unknown persons, who
have collectively cheated the company and committed acts of forgery,
impersonation etc.
Two of the accused, Amardeep Singh and Rahul had visited Delhi and Cochin.
The first accused and others sent e-mails from fake e-mail accounts of many of the
customers, suppliers, Bank etc. to malign the name and image of the Company and
its Directors. The defamation campaign run by all the said persons named above
has caused immense damage to the name and reputation of the Company.
The Company suffered losses of several crores of Rupees from producers,
suppliers and customers and were unable to do business.
g. Section 66E - Punishment for violation of privacy Relevant Cases: 1)
Jawaharlal Nehru University MMS scandal In a severe shock to the prestigious
and renowned institute - Jawaharlal Nehru University, a pornographic MMS clip
was apparently made in the campus and transmitted outside the university.
Some media reports claimed that the two accused students initially tried to extort
money from the girl in the video but when they failed the culprits put the video out
on mobile phones, on the internet and even sold it as a CD in the blue film market.
2) Nagpur Congress leader’s son MMS scandal On January 05, 2012 Nagpur
Police arrested two engineering students, one of them a son of a Congress leader,
for harassing a 16-year-old girl by circulating an MMS clip of their sexual acts.
According to the Nagpur (rural) police, the girl was in a relationship with

Mithilesh Gajbhiye, 19, son of Yashodha Dhanraj Gajbhiye, a zila parishad
member and an influential Congress leader of Saoner region in Nagpur district.
h. Section-66F Cyber Terrorism Relevant Case: The Mumbai police have
registered a case of ‘cyber terrorism’—the first in the state since an amendment to
the Information Technology Act—where a threat email was sent to the BSE and
NSE on Monday. The MRA Marg police and the Cyber Crime Investigation Cell
are jointly probing the case. The suspect has been detained in this case.
The police said an email challenging the security agencies to prevent a terror attack
was sent by one Shahab Md with an ID sh.itaiyeb125@yahoo.in to BSE’s
administrative email ID corp.relations@bseindia.com at around 10.44 am on
Monday.
The IP address of the sender has been traced to Patna in Bihar. The ISP is Sify. The
email ID was created just four minutes before the email was sent. “The sender had,
while creating the new ID, given two mobile numbers in the personal details
column. Both the numbers belong to a photo frame-maker in Patna,’’ said an
officer. Status: The MRA Marg police have registered forgery for purpose of
cheating, criminal intimidation cases under the IPC and a cyber-terrorism case
under the IT Act.
i. Section 67 - Punishment for publishing or transmitting obscene material in
electronic form Relevant Case: This case is about posting obscene, defamatory
and annoying message about a divorcee woman in the Yahoo message group. E-mails
were forwarded to the victim for information by the accused through a false
e- mail account opened by him in the name of the victim. These postings resulted
in annoying phone calls to the lady. Based on the lady’s complaint, the police
nabbed the accused.
Investigation revealed that he was a known family friend of the victim and was
interested in marrying her. She was married to another person, but that marriage

ended in divorce and the accused started contacting her once again. On her
reluctance to marry him he started harassing her through internet.
Verdict: The accused was found guilty of offences under section 469, 509 IPC and
67 of IT Act 2000. He is convicted and sentenced for the
per 469 of IPC he has to undergo rigorous imprisonment for 2 years and to pay
fine of Rs.500/-
imprisonment and to pay Rs 500/- he has to
undergo for 2 years and to pay fine of Rs.4000/- All sentences were to run
concurrently. The accused paid fine amount and he was lodged at Central Prison,
Chennai. This is considered the first case convicted under section 67 of
Information Technology Act 2000 in India.
j. Section 67B. Punishment for publishing or transmitting of material
depicting children in sexually explicit act, etc. in electronic form Relevant
Case: Janhit Manch & Ors. v. The Union of India 10.03.2010 Public Interest
Litigation:
The petition sought a blanket ban on pornographic websites. The NGO had argued
that websites displaying sexually explicit content had an adverse influence, leading
youth on a delinquent path. k. Section 69 - Powers to issue directions for
interception or monitoring or decryption of any information through any computer
resource Relevant Case: In August 2007, Lakshmana Kailash K., a techie from
Bangalore was arrested on the suspicion of having posted insulting images of
Chhatrapati Shivaji, a major historical figure in the state of Maharashtra, on the
social-networking site Orkut.
The police identified him based on IP address details obtained from Google and
Airtel - Lakshmana’s ISP. He was brought to Pune and detained for 50 days before
it was discovered that the IP address provided by Airtel was erroneous. The
mistake was evidently due to the fact that while requesting information from
Airtel, the police had not properly specified whether the suspect had posted the
content at 1:15 p.m.

Verdict: Taking cognizance of his plight from newspaper accounts, the State
Human Rights Commission subsequently ordered the company to pay Rs 2 lakh to
Lakshmana as damages.
The incident highlights how minor privacy violations by ISPs and intermediaries
could have impacts that gravely undermine other basic human rights.
https://www.slideshare.net/secret/3Y0Y6m6H5fyODK
https://www.slideshare.net/secret/3Y0Y6m6H5fyODK
5. COMMON CYBER-CRIME SCENARIOS AND APPLICABILITY OF
LEGAL SECTIONS Let us look into some common cyber-crime scenarios which
can attract prosecution as per the penalties and offences prescribed in IT Act 2000
(amended via 2008) Act.
a. Harassment via fake public profile on social networking site A fake profile of a
person is created on a social networking site with the correct address, residential
information or contact details but he/she is labelled as ‘prostitute’ or a person of
‘loose character’. This leads to harassment of the victim. Provisions Applicable:-
Sections 66A, 67 of IT Act and Section 509 of the Indian Penal Code.
b. Online Hate Community Online hate community is created inciting a religious
group to act or pass objectionable remarks against a country, national figures etc.
Provisions Applicable: Section 66A of IT Act and 153A & 153B of the Indian
Penal Code.
c. Email Account Hacking If victim’s email account is hacked and obscene emails
are sent to people in victim’s address book. Provisions Applicable:- Sections 43,
66, 66A, 66C, 67, 67A and 67B of IT Act.

d. Credit Card Fraud Unsuspecting victims would use infected computers to make
online transactions. Provisions Applicable:- Sections 43, 66, 66C, 66D of IT Act
and section 420 of the IPC.
e. Web Defacement The homepage of a website is replaced with a pornographic or
defamatory page. Government sites generally face the wrath of hackers on
symbolic days. Provisions Applicable:- Sections 43 and 66 of IT Act and Sections
66F, 67 and 70 of IT Act also apply in some cases.
f. Introducing Viruses, Worms, Backdoors, Rootkits, Trojans, Bugs All of the
above are some sort of malicious programs which are used to destroy or gain
access to some electronic information. Provisions Applicable:- Sections 43, 66,
66A of IT Act and Section 426 of Indian Penal Code.
g. Cyber Terrorism Many terrorists are use virtual(GDrive, FTP sites) and physical
storage media(USB’s, hard drives) for hiding information and records of their
illicit business.
Provisions Applicable: Conventional terrorism laws may apply along with Section
69 of IT Act.
h. Online sale of illegal Articles Where sale of narcotics, drugs weapons and
wildlife is facilitated by the Internet Provisions Applicable:- Generally
conventional laws apply in these cases.
i. Cyber Pornography Among the largest businesses on Internet. Pornography may
not be illegal in many countries, but child pornography is. Provisions Applicable:-
Sections 67, 67A and 67B of the IT Act.
j. Phishing and Email Scams Phishing involves fraudulently acquiring sensitive
information through masquerading a site as a trusted entity. (E.g. Passwords, credit
card information) Provisions Applicable:- Section 66, 66A and 66D of IT Act and
Section 420 of IPC

k. Theft of Confidential Information Many business organizations store their
confidential information in computer systems. This information is targeted by
rivals, criminals and disgruntled employees. Provisions Applicable:- Sections 43,
66, 66B of IT Act and Section 426 of Indian Penal Code.
l. Source Code Theft A Source code generally is the most coveted and important
"crown jewel" asset of a company. Provisions applicable:- Sections 43, 66, 66B of
IT Act and Section 63 of Copyright Act.
m. Tax Evasion and Money Laundering Money launderers and people doing illegal
business activities hide their information in virtual as well as physical activities.
Provisions Applicable: Income Tax Act and Prevention of Money Laundering Act.
IT Act may apply case-wise.
n. Online Share Trading Fraud It has become mandatory for investors to have their
demat accounts linked with their online banking accounts which are generally
accessed unauthorized, thereby leading to share trading frauds. Provisions
Applicable: Sections 43, 66, 66C, 66D of IT Act and Section 420 of IPC
ce (India) Pvt. Ltd. Page 15 of 24
6. APPENDIX
I. Penalties, Compensation and Adjudication sections Section 43 - Penalty and
Compensation for damage to computer, computer system If any person without
permission of the owner or any other person who is in-charge of a computer,
computer system or computer network –
(a) accesses or secures access to such computer, computer system or computer
network or computer resource
(b) downloads, copies or extracts any data, computer data, computer database or
information from such computer, computer system or computer network including
information or data held or stored in any removable storage medium;

(c) introduces 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 database, 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
(h) charges the services availed of by a person to the account of another person by
tampering with or manipulating any computer of a computer, computer system or
computer network-
(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 there under,
(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,
(i) destroys, deletes or alters any information residing in a computer resource or
diminishes its value or utility or affects it injuriously by any means,
(j) Steals, conceals, destroys or alters or causes any person to steal, conceal,
destroy or alter any computer source code used for a computer resource with an
intention to cause damage,
he shall be liable to pay damages by way of compensation to the person so
affected.
(India) Pvt. Ltd. Page 16 of 24

Section 43A - Compensation for failure to protect data Where a body corporate,
possessing, dealing or handling any sensitive personal data or information in a
computer resource which it owns, controls or operates, is negligent in
implementing and maintaining reasonable security practices and procedures and
thereby causes wrongful loss or wrongful gain to any person, such body corporate
shall be liable to pay damages by way of compensation, not exceeding five crore
rupees, to the person so affected.
Section 44 - Penalty for failure to furnish information or return, etc. If any person
who is required under this Act or any rules or regulations made there under to –
(a) furnish any document, return or report to the Controller or the 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 therefore in the regulations, fails to file return or furnish the same
within the time specified therefore 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.
Section 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.
Section 47 - Factors to be taken into account by the adjudicating officer Section 47
lays down that while adjudging the quantum of compensation under this Act, an
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 the person as a result of the default,
(c) The repetitive nature of the default.
II. Offences sections Section 65 - Tampering with Computer Source Documents
If any person knowingly or intentionally conceals, destroys code or alters or causes
another to conceal, destroy code or alter any computer, computer programme,
computer system, or computer network,
he shall be punishable with imprisonment up to three years, or with fine up to two
lakh rupees, or with both.
Section - 66 Computer Related Offences If any person, dishonestly, or
fraudulently, does any act referred to in section 43, he shall be punishable with
imprisonment for a term which may extend to two three years or with fine which
may extend to five lakh rupees or with both.
Section 66A - Punishment for sending offensive messages through communication
service Any person who sends, by means of a computer resource or a
communication device, (a) any information that is grossly offensive or has
menacing character; (b) any information which he knows to be false, but for the
purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury,
criminal intimidation, enmity, hatred, or ill will, persistently makes by making use
of such computer resource or a communication device, (c) any electronic mail or
electronic mail message for the purpose of causing annoyance or inconvenience or
to deceive or to mislead the addressee or recipient about the origin of such
messages
shall be punishable with imprisonment for a term which may extend to three years
and with fine.

Section 66B - Punishment for dishonestly receiving stolen computer resource or
communication device.
Whoever dishonestly receives or retains any stolen computer resource or
communication device knowing or having reason to believe the same to be stolen
computer resource or communication device,
shall be punished with imprisonment of either description for a term which may
extend to three years or with fine which may extend to rupees one lakh or with
both.
Section 66C - Punishment for identity theft Whoever, fraudulently or dishonestly
make use of the electronic signature, password or any other unique identification
feature of any other person,
extend to three years and shall also be liable to fine which may extend to rupees
one lakh.
Section 66D - Punishment for cheating by personation by using computer resource
Whoever, by means of any communication device or computer resource cheats by
personating;
extend to three years and shall also be liable to fine which may extend to one lakh
rupees.
Section 66E - Punishment for violation of privacy Whoever, intentionally or
knowingly captures, publishes or transmits the image of a private area of any
person without his or her consent, under circumstances violating the privacy of that
person,

Explanation - For the purposes of this section:
(a) “transmit” means to electronically send a visual image with the intent that it be
viewed by a person or persons; (b) “capture”, with respect to an image, means to
videotape, photograph, film or record by any means; (c) “private area” means the
naked or undergarment clad genitals, pubic area, buttocks or female breast; (d)
“publishes” means reproduction in the printed or electronic form and making it
available for public; (e) “under circumstances violating privacy” means
circumstances in which a person can have a reasonable expectation that-- (i) he or
she could disrobe in privacy, without being concerned that an image of his private
area was being captured; or (ii) any part of his or her private area would not be
visible to the public, regardless of whether that person is in a public or private
place.
shall be punished with imprisonment which may extend to three years or with fine
not exceeding two lakh rupees, or with both.
Section-66F Cyber Terrorism (1) Whoever,- (A) with intent to threaten the unity,
integrity, security or sovereignty of India or to strike terror in the people or any
section of the people by – (i) denying or cause the denial of access to any person
authorized to access computer resource; or (ii) attempting to penetrate or access a
computer resource without authorisation or exceeding authorized access; or (iii)
introducing or causing to introduce any Computer Contaminant and by means of
such conduct causes or is likely to cause death or injuries to persons or damage to
or destruction of property or disrupts or knowing that it is likely to cause damage
or disruption of supplies or services essential to the life of the community or
adversely affect the critical information infrastructure specified under section 70,
or (B) knowingly or intentionally penetrates or accesses a computer resource
without authorization or exceeding authorized access, and by means of such
conduct obtains access to information, data or computer database that is restricted
for reasons of the security of the State or foreign relations; or any restricted

information, data or computer database, with reasons to believe that such
information, data or computer database so obtained may be used to cause or likely
to cause injury to the interests of the sovereignty and integrity of India, the security
of the State, friendly relations with foreign States, public order, decency or
morality, or in relation to contempt of court, defamation or incitement to an
offence, or to the advantage of any foreign nation, group of individuals or
otherwise, commits the offence of cyber terrorism.
(2) Whoever commits or conspires to commit cyber terrorism shall be punishable
with imprisonment which may extend to imprisonment for life.
Section 67 - Punishment for publishing or transmitting obscene material 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 two three years and with fine which may extend to five
lakh rupees and
in the event of a second or subsequent conviction with imprisonment of either
description for a term which may extend to five years and also with fine which
may extend to ten lakh rupees.
Section 67A - Punishment for publishing or transmitting of material containing
sexually explicit act, etc. in electronic form Whoever publishes or transmits or
causes to be published or transmitted in the electronic form any material which
contains sexually explicit act or conduct

term which may extend to five years and with fine which may extend to ten lakh
rupees and
in the event of second or subsequent conviction with imprisonment of either
description for a term which may extend to seven years and also with fine which
may extend to ten lakh rupees.
Section 67B. Punishment for publishing or transmitting of material depicting
children in sexually explicit act, etc. in electronic form
Whoever:- (a) publishes or transmits or causes to be published or transmitted
material in any electronic form which depicts children engaged in sexually explicit
act or conduct or (b) creates text or digital images, collects, seeks, browses,
downloads, advertises, promotes, exchanges or distributes material in any
electronic form depicting children in obscene or indecent or sexually explicit
manner or (c) cultivates, entices or induces children to online relationship with one
or more children for and on sexually explicit act or in a manner that may offend a
reasonable adult on the computer resource or (d) facilitates abusing children online
or (e) records in any electronic form own abuse or that of others pertaining to
sexually explicit act with children,
term which may extend to five years and with a fine which may extend to ten lakh
rupees
and in the event of second or subsequent conviction with imprisonment of either
description for a term which may extend to seven years and also with fine which
may extend to ten lakh rupees:
Provided that the provisions of section 67, section 67A and this section does not
extend to any book, pamphlet, paper, writing, drawing, painting, representation or
figure in electronic form

Intelligence (India) Pvt. Ltd. Page 21 of 24
Section 69 - Powers to issue directions for interception or monitoring or decryption
of any information through any computer resource.-
(1) Where the central Government or a State Government or any of its officer
specially authorized by the Central Government or the State Government, as the
case may be, in this behalf may, if is satisfied that it is necessary or expedient to do
in the interest of the sovereignty or integrity of India, defence of India, security of
the State, friendly relations with foreign States or public order or for preventing
incitement to the commission of any cognizable offence relating to above or for
investigation of any offence, it may, subject to the provisions of sub-section (2),
for reasons to be recorded in writing, by order, direct any agency of the appropriate
Government to intercept, monitor or decrypt or cause to be intercepted or
monitored or decrypted any information transmitted received or stored through any
computer resource.
(2) The Procedure and safeguards subject to which such interception or monitoring
or decryption may be carried out, shall be such as may be prescribed.
(3) The subscriber or intermediary 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 - (a) provide access to or
secure access to the computer resource generating, transmitting, receiving or
storing such information; or (b) intercept or monitor or decrypt the information, as
the case may be; or (c) provide information stored in computer resource. (4) The
subscriber or intermediary or any person who fails to assist the agency referred to
in sub-section (3) shall be punished with an imprisonment for a term which may
extend to seven years and shall also be liable to fine.
Section 69A - Power to issue directions for blocking for public access of any
information through any computer resource (1) Where the Central Government or
any of its officer specially authorized by it in this behalf is satisfied that it is
necessary or expedient so to do in the interest of sovereignty and integrity of India,
defense of India, security of the State, friendly relations with foreign states or

public order or for preventing incitement to the commission of any cognizable
offence relating to above, it may subject to the provisions of sub-sections (2) for
reasons to be recorded in writing, by order direct any agency of the Government or
intermediary to block access by the public or cause to be blocked for access by
public any information generated, transmitted, received, stored or hosted in any
computer resource.
(2) The procedure and safeguards subject to which such blocking for access by the
public may be carried out shall be such as may be prescribed.
(3) The intermediary who fails to comply with the direction issued under sub-section
(1) shall be punished with an imprisonment for a term which may extend to
seven years and also be liable to fine.
Section 69B. Power to authorize to monitor and collect traffic data or information
through any computer resource for Cyber Security
(1) The Central Government may, to enhance Cyber Security and for
identification, analysis and prevention of any intrusion or spread of computer
contaminant in the country, by notification in the official Gazette, authorize any
agency of the Government to monitor and collect traffic data or information
generated, transmitted, received or stored in any computer resource.
(2) The Intermediary or any person in-charge of the Computer resource shall when
called upon by the agency which has been authorized under sub-section (1),
provide technical assistance and extend all facilities to such agency to enable
online access or to secure and provide online access to the computer resource
generating, transmitting, receiving or storing such traffic data or information.
(3) The procedure and safeguards for monitoring and collecting traffic data or
information, shall be such as may be prescribed.

(4) Any intermediary who intentionally or knowingly contravenes the provisions of
subsection (2) shall be punished with an imprisonment for a term which may
extend to three years and shall also be liable to fine.
Section 71. Penalty for misrepresentation Whoever makes any misrepresentation
to, or suppresses any material fact from, the Controller or the Certifying Authority
for obtaining any license or Electronic 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.
Section 72 - Breach of confidentiality and privacy Any person who, in pursuant of
any of the powers conferred under this Act, rules or regulations made there under,
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
Section 72A - Punishment for Disclosure of information in breach of lawful
contract Any person including an intermediary who, while providing services
under the terms of lawful contract, has secured access to any material containing
personal information about another person, with the intent to cause or knowing that
he is likely to cause wrongful loss or wrongful gain discloses, without the consent
of the person concerned, or in breach of a lawful contract, such material to any
other person shall be punished
with imprisonment for a term which may extend to three years, or with a fine
which may extend to five lakh rupees, or with both.

73. Penalty for publishing electronic Signature Certificate false in certain
particulars. (1) No person shall publish a Electronic 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)
Section 74 - Publication for fraudulent purpose: Whoever knowingly creates,
publishes or otherwise makes available a Electronic Signature Certificate for any
fraudulent or unlawful purpose
Section 75 - Act to apply for offence or contraventions 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.
Section 77A - Compounding of Offences. (1) A Court of competent jurisdiction
may compound offences other than offences for which the punishment for life or
imprisonment for a term exceeding three years has been provided under this Act.
Provided further that the Court shall not compound any offence where such
offence affects the socio-economic conditions of the country or has been
committed against a child below the age of 18 years or a woman.

(2) The person accused of an offence under this act may file an application for
compounding in the court in which offence is pending for trial and the provisions
of section 265 B and 265C of Code of Criminal Procedures, 1973 shall apply.
Section 77B - Offences with three years imprisonment to be cognizable
Notwithstanding anything contained in Criminal Procedure Code 1973, the offence
punishable with imprisonment of three years and above shall be cognizable and the
offence punishable with imprisonment of three years shall be bailable. Section 78
- Power to investigate offences Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, a police officer not below the rank of Inspector shall
investigate any offence under this Act.

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