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Chapter I : Preliminary
Chapter II : Digital Signature
Chapter III : Electronic Governance
Chapter IV : Attribution, Acknowledgment And Despatch Of Electronic Records
Chapter V : Secure Electronic Records And Secure Digital Signatures
ChapterVI : Regulation Certifying Authorities
Chapter VII : Digital Signature Certificates
Chapter VIII : Duties
Of Subscribers
Chapter IX : Penalties And Adjudication
ChapterX : The Cyber Regulations Appellate Tribunal
Chapter XI : Offences
Chapter XII : Network Service Providers Not Be Liable In Certain Cases.
Chapter XIII : Miscellaneous
The First Schedule : Amendment To The Indian Penal Code (See Section 91)(45 Of
1860]
The Second Schedule: Amendments To The Indian Evidence Act, 1872 (See Section
92) [1 Of 1872]
The Third Schedule : Amendments To The Bankers' Books Evidence Act, 1891 (See
Section 93) [18 Of 1891]
The Fourth Schedule : Amendment To The Reserve Bank Of India Act, 1934 (See
Section 94) [2 Of 1934]
CHAPTER IX : PENALTIES
AND ADJUDICATION
1. Penalty of damage of computer, computer system, etc. >
If any person without permission of the owner or any other person who
is incharge of
a computer, computer or computer network,-
(a) accesses or secures access to such computer, computer system or computer
network;
(b) 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;
(c) introduces or causes to be introduced any computer contaminant or
computer
virus into any computer, computer system or computer network;
(d) damages or causes to be damaged any computer, computer system or
computer network, data, computer data base or other programmes residing
in such
computer, computer system or computer network;
(e) disrupts or causes disruption of any computer, computer system or
computer
network;
(f) denies or causes the denial of access to any person authorised to
access any
computer, or computer network by any means ;
(g) 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 ;
(h) 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 purpose of this section,-
(i) "computer contaminant" means any set of computer instructions
that are
designed-
(a) to modify, destroy, record, transmit data or programme residing within
a computer, computer system or computer network; or
(b) by any means to usurp the normal operation of the computer, computer
system, or computer network;
(ii) "computer data base" 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 formalised 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;
(iii) "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 programme, data or instruction is executed some other event takes
place in
that computer resource;
(iv) "damage " means to destroy, alter, delete, add, modify
or rearrange any
computer resource by any means.
2. Penalty for failure to furnish information, return, etc.
If any person who is required under this Act or any rules or regulations
made
thereunder to-
(a) furnish any document, return or report to the Controller or the Certifying
Authority fails to furnish the same, he shall be liable to a penalty not
exceeding one
lakh and fifty thousand rupees for each such failure;
(b) file any return or furnish any information, books or other documents
within the
time specified therefor in the regulation fails to file return or furnish
the same within
the time specified therefor in the regulations, he shall be liable to
a penalty not
exceeding five thousand rupees for every day during which such failure
continues;
(c) maintain books of account or records, fails to maintain the same,
he shall be
liable to a penalty not exceeding ten thousand rupees for every day during
which the
failure continues.
3. Residuary penalty
Whoever contravenes any rules or regulations made under this Act, for
the
contravention of which no penalty has been separately provided, shall
be liable to
pay a compensation not exceeding twenty-five thousand rupees to the person
affected by such contravention or a penalty not exceeding twenty-five
thousand
rupees.
4. Power to adjudicate
(1) For the purpose of adjudging under this Chapter whether any person
has
committed a contravention of any of the provisions of this Act or of any
rule,
regulation, direction or order made thereunder the Central Government
shall, subject
to the provisions of sub-section (3), appoint any officer not below the
rank of a
Director to the Government of India or an equivalent officer of a State
Government
to be an adjudicating officer for holding an inquiry in the manner prescribed
by the
Central Government.
(2) The adjudicating officer shall, after giving the person referred to
in sub-section
(1) a reasonable opportunity for making representation in the matter and
if, on such
inquiry, he is satisfied that the person has committed the contravention,
he may
impose such penalty or award such compensation as he thinks fit in accordance
with
the provisions of that section.
(3) No person shall be appointed as an adjudicating officer unless he
possesses
such experience in the field of Information Technology and legal or judicial
experience as may be prescribed by the Central Government.
(4) Where more than one adjudicating officers are appointed, the Central
Government shall specify by order the matters and places with respect
to which such
officers shall exercise their jurisdiction.
(5) Every adjudicating officer shall have the powers of a civil court
which are
conferred on the Cyber Appellate Tribunal under sub-section (2) of section
58, and-
(6) all proceedings before it shall be deemed to be judicial proceedings
within
the meaning of sections 193 and 228 of the Indian Penal Code;
(7) shall be deemed to be a civil court for the purpose of section 345
and .46 of
the Code of Criminal Procedure, 1973.
5. Factors to be taken into account by the adjudicating officer
While adjudging the quantum of compensation under this Chapter, the adjudicating
officer shall have due regard to the following factors, namely :-
(a) the amount of gain of unfair advantage, wherever quantifiable, made
as a
result of the default;
(b) the amount of loss caused to any person as a result of the default;
(c) the repetitive nature of the default.
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Cyber Forensics Analysis Centre set up by CDAC