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OFFENCES I.T. ACT 2000 :
Introduction and wide spread of computer has given rise to new category of offences popularly termed as cyber crime. The parliament has enacted the I.T. Act 2000 in order to deal with these crimes.
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 program, computer system or computer network.
Explanation: For the purposes of this section, "computer source code" means the listing of programs, computer commands, design and layout and program analysis of computer resource in any form.
Hacking with Computer System :
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.
Publishing of Information which is obscene in Electronic Form :
Whoever publishes or transmits or causes to be published in t the electronic form, any material which is lascivious or appeals f 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.
Power of the Controller to give Directions :
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.
Directions of Controller to a Subscriber to extend facilities to Decrypt Information :
If Controller is satisfied, it is necessary or expedient so to do in the interest of the sovereignty or integrity 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, for reasons to be recorded in writing.
Protected System :
The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems notified under sub-section (I). 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 & also be liable to fine.
Penalty for Misrepresentation :
Whoever makes any misrepresentation to, or suppresses any material fact from, Certifying Authority for obtaining any licence/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".
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 consent of person concerned discloses such electronic record, book, correspondence, information, document.
Penalty for Publishing Digital Signature Certificate false in certain particulars :
(1) No person shall publish a Digital Signature Certificate, otherwise make it available to any other person :
(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 publication is for purpose of verifying a digital signature created prior to such suspension or revocation.
(2) Any person who contravenes the provisions of sub-section.
Act to apply for Offences or Contravention Committed Outside India :
Subject to provisions of sub-section(2), the provisions of this Act apply also to any offence or contravention committed outside India by any person irrespective of his nationality. For purposes of sub-section(I).
Confiscation :
Any computer, computer system, floppies, compact disks, tape drives or any other accessories related there to, 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. |