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Unit 4: Information Technology Act, 2000

Penalty for Misrepresentation (Sec.71) Notes

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, shall be
punished with imprisonment for a term which may extend to 2 years, or with fi ne which may
extend to ` 1 lakh, or with both.

Breach of Confidentiality and Privacy (Sec.72)
Any person, (empowered under the Act) who has secured access to any electronic record,
book, register, correspondence, information, document or other material, and he, without the
consent of the person concerned, discloses the same to any other person shall be punished
with imprisonment for a team which may extend to 2 years, or with fine which may extend to

` 1 lakh, or with both.
Penalty for Publishing Digital Signature Certificate False in Certain Particulars

(Sec.73)

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 certifi cate has
not issued it; or (b) the subscriber listed in the certificate has not accepted it, or (c) the certifi cate

has been revoked or suspended unless such publication is for purpose of verifying a digital
signature created prior to such suspension or revocation.

Publication for Fraudulent Purpose (Sec.74)

Whoever knowingly creates, publishes or otherwise makes available a Digital Signature
Certifi cate for any fraudulent or unlawful purpose shall be punished with imprisonment for a

team which may extend to 2 years, or with fine which may extend to ` 1 lakh, or with both.
Act to Apply for Offence or Contravention Committed Outside India (Sec.75)

The provisions of this Act shall apply also to any offence or contravention committed outside
India by any person irrespective of his nationality. For this application, it is necessary that the
act or conduct constituting the offence or contravention involves a computer, computer system
or computer network located in India.

Confi scation (Sec.76)

Any computer, computer system, floppies, compact disks, tape drives or any other accessories
related thereto, in respect of which provision of this Act, rules, order or regulations made
thereunder has been or is being contravened, shall be liable to confi scation.

Penalties and Confiscation not to Interfere with other Punishments (Sec.77)
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 (Sec.78)

Notwithstanding anything contained in the Code of Criminal Procedure, a police offi cer not
below the rank of Deputy Superintendent of Police shall investigate any offence under this Act.

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