OFFENCES

COMMENTS

Any computer, computer system or computer network can be declared protected system by the Government by notification. Only authorised persons can have access to the protected system. Any person who secures access or attempts to secure access to a protected system in contravention of the provision shall be punished with imprisonment upto ten years and shall also be liable to fines.

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.

COMMENTS

For obtaining any licence or Digital Signature Certificate if any person makes any misrepresentation or suppresses any material fact, he shall be punished with imprisonment upto two years, or with fine upto one lakh rupees, or with both.

Penalty for breach of confidentiality and privacy.—

Save as otherwise provided in this Act or any other law for the time being in force, if 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.

COMMENTS

If any person has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned and discloses the same to any other person then he shall be punished with imprisonment upto two years, or with fine upto one lakh rupees, or with both.

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(c) the certificate has been revoked or suspended,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.

COMMENTS

If any person publishes a Digital Signature Certificate or otherwise makes it available to any other person with the knowledge that (i) the Certifying Authority listed in the certificate has not issued it; or (ii) the subscriber listed in the certificate has not accepted it; or (iii) 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, he shall be punished with imprisonment upto two years or with fine upto one lakh rupees, or with both.

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.

COMMENTS

If any person knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose, he shall be punished with imprisonment upto two years, or with fine upto one lakh rupees, or with both.

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.

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.

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.

Power to investigate offences.—

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of Deputy Superintendent of Police shall investigate any offence under this Act.