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OFFENCES/PENALTIES
The
Act is formulated to tackle various offences. Offences investigated
and adjudicated upon by an adjudicating officer, certain offences
have been specifically set out such as:
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Tempering
with the computer source documents. Whoever knowingly or intentionally
conceals, destroys, or alters or causes another to do the same
any computer source code used for a computer, computer programme,
computer system or computer network, shall be punishable with
imprisonment up to three years, or with fine upto Rs. 2 lakhs
or with both.
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Whoever
commits hacking of the computer system shall be punished with
imprisonment up to three years, or with fine upto Rs. 2 lakhs
or with both.
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Whoever
publishes or transmits or cause to be published any matter which
is obscene, shall be punished on first conviction with imprisonment
which may extend upto five years with a fine of upto RS. 1,00,000
(for second and subsequent convictions, imprisonment of upto
10 years and a fine of upto RS. 2,00,000)
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The
government may notify certain computer systems or networks as
being "protected systems", unauthorized access to
which may be punishable with imprisonment upto 10 years in
addition to a fine.
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Whoever
makes a misrepresentation to, or suppresses any material fact
from the Controller of Certifying Authorities and whoever commits
breach of confidentiality and privacy, having access to electronic
data under the Act shall be punished with imprisonment for a
term which may extend to two years, or with fine which may extend
to RS. 1,00,000 or with both.
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Penalties
have also been prescribed for publishing false digital signature
certificates or for use of such certificates for fraudulent
and unlawful purposes, which is imprisonment for a term which
may extend to two years, or with fine which may extend to Rs.
1,00,000 or with both.
OFFENCES
OUTSIDE INDIA
The
provisions of the Act shall also apply to offences or contravention
outside India, if such offences or contravention involves a computer,
computer system or computer network located in India.
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