Page 293 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes 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 hack:

 Whoever commits hacking shall be punished with imprisonment up to three years, or
with fine which may extend upto two lakh rupees, or with both.

Publishing of Information which is Obscene in Electronic Form

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, having regard to all relevant circumstances, to read, see or
hear the matter contained or embodied in it, shall be punished on first conviction with
imprisonment of either description for a term which may extend to five years and with fine
which may extend to one lakh rupees and in the event of a second or subsequent conviction with
imprisonment of either description for a term which may extend to ten years and also with fine
which may extend to two lakh rupees.

Power of 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 if those are necessary to ensure compliance with the provisions of this Act, rules or
any regulations made thereunder.
 Any person who fails to comply with any order under sub-section (1) shall be guilty of an
offence and shall be liable on conviction to imprisonment for a term not exceeding three
years or to a Fine not exceeding two lakh rupees or to both.

Directions of Controller to a Subscriber to extend Facilities to Decrypt Information

 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
Stales 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.

 The subscriber or any person in charge of the computer resource shall, when called upon
by any agency which has been directed under sub-section (1), extend all facilities and
technical assistance to decrypt the information.

 The subscriber or any person who fails to assist the agency referred to in sub-section (2)
shall be punished with an imprisonment for a term which may extend to seven years.

Protected System

 The appropriate Government may, by notification in the Official Gazette, declare that any
computer, computer system or computer network to be a protected system.

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