CHAPTER
IX
43. Penalty for damage to computer, computer system, etc.
If any person without permission of the owner or any other person
who is incharge of a computer, computer system or computer network,—
(a) accesses or secures access to such
computer, computer system or computer network.
(b) downloads, copies or extracts any
data, computer data base 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 data base 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;
(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, roles or regulations made
thereunder,
(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,
he shall be liable to pay damages by way of compensation not
exceeding one crore rupees to the person so affected.
Explanation.—For the purposes of this section,—
(i) "computer contaminant"
means any set of computer instructions that are designed—
(a) to modify, destroy, record, transmit
data or programme residing within a computer, computer system or computer
network; or
(b) by any means to usurp the normal
operation of the computer, computer system, or computer network;
(ii) "computer database" means
a representation of information, knowledge, facts, concepts or instructions in
text, image, audio, video that are being prepared or have been prepared in a
formalised manner or have been produced by a computer, computer system or
computer network and are intended for use in a computer, computer system or
computer network;
(iii) "computer virus" means
any computer instruction, information, data or programme mat destroys, damages,
degrades or adversely affects the performance of a computer resource or attaches
itself to another computer resource and operates when a programme, data or
instruction is executed or some other event takes place in that computer
resource;
(iv) "damage" means to
destroy, alter, delete, add, modify or rearrange any computer resource by any
means.
44.Penalty for failure to furnish information, return, etc.
If any person who is required under this Act or any rules or
regulations made thereunder 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 therefor 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 oe liable to a penalty not exceeding ten
thousand rupees for every day during which the failure continues.
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.
46.Power to adjudicate.
(1)
For the purpose of adjudging under this Chapter whether any person has committed
a contravention of any of the provisions of this Act or of any rule, regulation,
direction or order made thereunder the Central Government shall, subject to the
provisions of sub-section (3), appoint any officer not below the rank of a
Director to the Government of India or an equivalent officer of a State
Government to be an adjudicating officer for holding an inquiry in the manner
prescribed by the Central Government. After giving the person referred to in
sub-section (1) a reasonable opportunity for making representation in the matter
and if, on such inquiry, he is satisfied that the person has committed the
contravention, he may impose such penalty as he thinks fit in accordance with
the provisions of that section.
(3) No person shall be appointed as an adjudicating officer unless
he possesses such legal or judicial experience and experience in the field of
Information Technology as may be prescribed by the Central Government.
(4) Where more than one adjudicating officers are appointed, the
Central Government shall specify by order the matters and places with respect to
which such officers shall exercise their jurisdiction.
(5) Every adjudicating officer shall have the powers of a civil
court which are conferred on the Cyber Appellate Tribunal under sub-section (2)
of section 58, and—
(a) all proceedings before it shall be
deemed to be judicial proceedings within the meaning of sections 193 and 228 of
the Indian Penal Code;
(b) shall be deemed to be a civil court
for the purposes of sections 345 and 346 of the Code of Criminal Procedure,
1973.
47. Factors to be taken into account by the adjudicating officer.
While adjudging the quantum of compensation under this Chapter the
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 any
person as a result of the default;
(c) the repetitive
nature of the default
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