![]() Financial Daily from THE HINDU group of publications Saturday, Feb 02, 2002 |
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Policy Info-Tech - Policy Government - Policy Cyber criminals face fine up to Rs 1 crore Our Bureau
NEW DELHI, Feb. 1 THE Information Technology Act, 2000 and the rules framed thereunder provide for several types of penalties for cyberspace crimes. According to an official release, under Section 43 of chapter IX of the Act, whoever without the permission of the person in-charge of the computer system accesses/downloads any data, introduces virus or causes denial of access will be liable for a penalty of up to Rs 1 crore. In addition, under chapter XI under Section 65, anyone who tampers with computer source documents knowingly, or intentionally conceals, destroys or alters - or causes another to conceal, destroy or alter any computer source code - shall be punished with imprisonment up to three years or fine that extend up to Rs 2 lakh or both. Further, in the area of hacking computer systems, whoever with the intent to cause or knowing that they are likely to cause wrongful loss or damage to the public, anyone who destroys, deletes or alters any information residing in a computer resource, or diminishes its value/utility, or affects it injuriously by any means, is said to have committed hacking. And whoever commits hacking shall be punished with imprisonment up to three years or fine that may extend to Rs 2 lakh or both. This provision is enshrined in Section 66 of the Act. In the area of electronic pornography, anyone who publishes, transmits or causes to be published in the electronic form any material lascivious or appealing to the prurient interest is liable to be imprisoned for a term that may extend to five years with fine that may extend to Rs 1 lakh. In the event of a second or subsequent conviction, the term may extend to 10 years with fine, which may extend to Rs 2 lakh. This provision is incorporated under Section 67 of the Act. The same punishment applies to persons who publish, transmit or cause to be published in the electronic form any material whose 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. In addition, all the relevant provisions of the Code of Criminal Procedure, Indian Penal Code and the Evidence Act have been extended to cover cyberspace crimes. Special provisions have been made for evidence relating to electronic records. Under Section 65A of the IT Act, the contents of electronic records may be proved in accordance with provisions of Section 65 B.
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