Page 87 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

Notes (or computer program, or computer system or computer network), when the computer source
code is required to be kept or maintained by law for the time being in force, shall be punishable
with imprisonment up to 3 years, or with fine which may extend up to ` 2 lakh, or with both.

The expression “computer source code” means the listing of programs, computer commands,
design and layout and program analysis or computer resource in any form.

Hacking with Computer System (Sec.66)

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 (Sec.67)

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, to read, see or hear the matter, shall be punished on fi rst
conviction with imprisonment of either description for a term which may extend to 5 years or

with fine which may extend to ` 1 lakh. In the event of a second or subsequent conviction the

imprisonment may extend to 10 years and the fine may extend to ` 2 lakhs.
Power of the Controller to give Directions (Sec.68)

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 if those are

necessary to ensure compliance with the provisions of the Act, rules or any regulations made
thereunder. Any person who fails to comply with any such order shall be guilty of an offence
and shall be liable on conviction to imprisonment for a term not exceeding 3 years or to a fi ne not
exceeding ` 2 lakhs or both.

Directions of Controller to a Subscriber to extend Facilities to Decrypt Information
(Sec.69)

If the controller is satisfied that it is necessary or expedient so to do in the interest of the

sovereignty or integrity of India, the 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 by order, direct any agency of the government to intercept any
information transmitted through any computer resource. In such a case, the subscriber or any
person in charge of the computer resource shall extend all facilities and technical assistance to
decrypt the information. If he fails to provide the necessary assistance, then he shall be punished
with an imprisonment for a term which may extend to 7 years.

Protected System (Sec.70)

The appropriate government may declare any computer, computer system or computer network
to be a protected system. It may authorise persons to have access to the protected system. Any
person who secures access or attempts to secure access to a protected system without authority
from the appropriate government shall be punished with imprisonment of either description for
a term which may extend to 10 years and shall also be liable to fi ne.

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