Section 70 Protected system
- Chapter
- XI · Offences
- Amendments
- 2
Substituted by Information Technology (Amendment) Act, 2008, s. 35, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sub-section (1)"(1) The appropriate GovernmentDefined in section 2(e): appropriate Government means as respects any matter,— (i) enumerated in List II of the Seventh Schedule to the Constitution; (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central Government may, by notification in the Official Gazette, declare any computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software which directly or indirectly affects the facility of Critical 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... Infrastructure, to be a protected system.
Substituted by Information Technology (Amendment) Act, 2008, s. 35, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sub-section (1)"Explanation.—For the purposes of this section, "Critical 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... Infrastructure" means the computer resourceDefined in section 2(k): computer resource means computer, computer system, computer network, data, computer data base or software, the incapacitation or destruction of which, shall have debilitating impact on national security, economy, public health or safety.
(2) The appropriate GovernmentDefined in section 2(e): appropriate Government means as respects any matter,— (i) enumerated in List II of the Seventh Schedule to the Constitution; (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution, the State Government and in any other case, the Central Government may, by order in writing, authorise the persons who are 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 protected systems notified under sub-section (1).
(3) Any person who 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 or attempts to secure 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 protected system in contravention of the provisions of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Sub-section (4) inserted by Information Technology (Amendment) Act, 2008, s. 35, dated 5th February, 2009, with effect from 27 October 2009(4) The Central Government shall prescribe the 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... security practices and procedures for such protected system.