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Information Technology Act 2000

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Wed, 23/01/2008 - 14:31 — tsnet

  1. SHORT TITLE


    This Act may be called the Information Technology Act, 2000.
  2. EXTENT


    It shall extend to the whole of India and,
    save as otherwise provided in this Act, it
    applies also to any offence or contravention
    thereunder committed outside India by any person.
  3. DEFINITIONS


  1. "access"


    with its grammatical variations and cognate expressions
    means gaining entry into, instructing or communicating
    with the logical, arithmetical, or memory function
    resources of a computer, computer system or computer
    network;
  2. "addressee"


    means a person who is intended by the originator to
    receive the electronic record but does not include
    any intermediary;
  3. "computer"


    means any electronic, magnetic, optical or other
    high speed data processing device or system which
    performs logical, arithmetic, and memory functions
    by manipulation of electronic, magnetic or optical
    impulses, and includes all input, output, processing,
    storage, compuer software, or communication facilities
    which are connected or related to the computer in a
    computer system or computer network;
  4. "computer network"


    means the interconnection of one ore more computers
    through -
    • the use of satellite, microwave, terrestrial line or
      other communication media; and
    • terminals or a complex consisting of two or more
      interconnected computers whether or not the interconnection
      is continuously maintained;

  5. "computer resource"


    means computer, computer system, computer network, data,
    computer database or software;
  6. "computer system"


    means a device or collection of devices, including
    input and output support devices and excluding calculators
    which are not programmable and capable of being used
    in conjunction with external files, which contain
    computer programmes, electronic instructions,
    input data, and output data, that performs logic, arithmetic,
    data storage and retrieval, communication control and
    other functions;
  7. "data"


    means a representation of information, knowledge, facts,
    concepts or instructions which are being prepared or
    have been prepared in a formalized manner, and is
    intended to be processed, is being processed or
    has been processed in a computer system or
    computer network, and may be any form (including computer
    printouts magnetic or optical storage media, punched cards,
    punched tapes) or stored internally in the memory of the
    computer;
  8. "electronic form"


    with reference to information means any information generated,
    sent, received or stored in media, magnetic, optical,
    computer memory, microfilm, computer generated microfiche
    or similar device;
  9. "electronic record"


    means data, record or data generated, image or sound stored,
    received or sent in an electronic form or micro film or
    computer generated micro fiche;
  10. "function"


    in relation to a computer, includes logic, control,
    arithmetical process, deletion, storage and retrieval
    and communication or telecommunication from or within
    a computer;
  11. "information"


    includes data, text, images, sound, voice, codes,
    computer programmes, software and databases or
    micro film or computer generated micro fiche;
  12. "intermediary"


    with respect to any particular electronic message means
    any person who on behalf of another person receives,
    stores or transmits that message or provides any service
    with respect to that message;
  13. "originator"


    means a person who sends, generates, stores or transmits
    any electronic message or causes any electronic message
    to be sent, generated, stored or transmitted to any other
    person but does not include an intermediary;
  • PENALTIES


    The extracts of the relevant sections
    are provided as service to the user of this
    website (WWW.TWINCLING.ORG).
    • Sec 43.
      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 -
      1. accesses or secures access to such computer,
        computer system or computer network;
      2. 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;
      3. introduces or causes to be introduced any
        computer contaminant or computer virus into any
        computer, computer system or computer network;
      4. damages or causes to be damaged any computer,
        computer system or computer network, data,
        computer database or any other programmes
        residing in such computer, computer system or
        computer network;
      5. disrupts or causes disruption of any computer,
        computer system or computer network;
      6. denies or causes the denial of access to any
        person authorized to access any computer, computer
        system or computer network by any means;
      7. 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, rules or
        regulations made thereunder;
      8. 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, -

      1. "computer contaminant" means any set of computer instructions
        that are designed -
        • to modify, destroy, record, transmit data or programme residing
          within a computer, computer system or computer network; or
        • by any means to usurp the normal operations of the computer,
          computer system, or computer network;
      2. "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 formalized 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;
      3. "computer virus" means any computer instruction, information,
        data or programme that destroys, damages, degrades or adversely
        affects the performance of a computer resource or attaches
        itself to another computer resource and operates when a prgramme,
        data or instruction is executed or some other event takes place
        in that computer resource;
      4. "damage" means to destroy, alter, delete, add, modify or rearrange
        any computer resource by any means.



    • Sec 65.
      Tampering with computer source documents


      Whoever knowingly or intentionally conceals, destroys or alters
      or intentionally or knowingly causes another to conceal, destroy
      or alter any computer source code used for computer, computer
      programme, 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 three years, or with fine which may extend
      up to two lakh rupees, or with both.


      Explanation -
      For the purposes of this section, "computer source code"
      means the listing of programmes, computer commands, design
      and layout and programme analysis of computer resource in
      any form.



    • Sec 66.
      Hacking the Computer System

      1. 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.
      2. Whoever commits hacking shall be punished with imprisonment upto
        three years, or with fine which may extend upto two lakh
        rupees, or with both.



    • Sec 67.
      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 lasvicious or appeals
      to the prurient interests 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.



  • ANNEXURE

    • Sec. 88A. Presumption as to electronic message


      The Court may presume that an electronic message forwarded
      by the originator through an electronic mail server to
      the addressee to whom the message purports to be addressed
      corresponds with the message as fed into his computer for
      transmission;
      but the court shall not make any presumption as to the
      person by whom such message was sent.

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