Section 43 Penalty and compensation for damage to computer, computer system, etc.
- Amendments
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43. PenaltyThe marginal heading substituted by Information Technology (Amendment) Act, 2008, s. 21, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "Penalty"Penalty and compensation for damage to computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ..., etc.—
If any person without permission of the owner or any other person who is in charge of a computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network,—
(a) accesses or secures accessDefined in section 2(a): 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 to such computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network Inserted by Information Technology (Amendment) Act, 2008, s. 21, dated 5th February, 2009, with effect from 27 October 2009or computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software;
(b) downloads, copies or extracts any dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ..., computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... base or informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... from such computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network including informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... or dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... held or stored in any removable storage medium;
(c) introduces or causes to be introduced any computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... contaminant or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... virus into any computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network;
(d) damages or causes to be damaged any computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network, dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ..., computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... base or any other programmes residing in such computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network;
(e) disrupts or causes disruption of any computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network;
(f) denies or causes the denial of accessDefined in section 2(a): 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 to any person authorised to accessDefined in section 2(a): 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 any computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network by any means;
(g) provides any assistance to any person to facilitate accessDefined in section 2(a): 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 to a computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... 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 computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ..., or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network;
Inserted by Information Technology (Amendment) Act, 2008, s. 21, dated 5th February, 2009, with effect from 27 October 2009(i) destroys, deletes or alters any informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... residing in a computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software or diminishes its value or utility or affects it injuriously by any means;
Inserted by Information Technology (Amendment) Act, 2008, s. 21, dated 5th February, 2009, with effect from 27 October 2009(j) steal, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... source code used for a computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software with an intention to cause damage;
Explanation.—For the purposes of this section,—
(i) "computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... contaminant" means any set of computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... instructions that are designed—
(a) to modify, destroy, record, transmit dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or programme residing within a computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network; or
(b) by any means to usurp the normal operation of the computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ..., or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network;
(ii) "computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... data-base" means a representation of informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits..., 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 computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network and are intended for use in a computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti..., computer systemDefined in section 2(l): 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 ... or computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... network;
(iii) "computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... virus" means any computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... instruction, informationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits..., dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or programme that destroys, damages, degrades or adversely affects the performance of a computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software or attaches itself to another computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software and operates when a programme, dataDefined in section 2(o): data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer ... or instruction is executed or some other event takes place in that computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software;
(iv) "damage" means to destroy, alter, delete, add, modify or rearrange any computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software by any means.
Inserted by Information Technology (Amendment) Act, 2008, s. 21, dated 5th February, 2009, with effect from 27 October 2009(v) "computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... source code" means the listing of programmes, computerDefined in section 2(i): computer means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication faciliti... commands, design and layout and programme analysis of computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software in any form.