Section 72A Penalty for disclosure of information in breach of lawful contract
- Chapter
- XI · Offences
- Amendments
- 3
Section 72A inserted by Information Technology (Amendment) Act, 2008, s. 37, dated 5th February, 2009, with effect from 27 October 200972A. PunishmentThe marginal heading substituted by Jan Vishwas (Amendment of Provisions) Act, 2023, s. 2 and Schedule, dated 11th August, 2023, with effect from 30 November 2023. Earlier read: "Punishment"Penalty for disclosure 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... in breach of lawful contract.—
Section 72A inserted by Information Technology (Amendment) Act, 2008, s. 37, dated 5th February, 2009, with effect from 27 October 2009Save as otherwise provided in this Act or any other lawDefined in section 2(y): law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, Regulations made by the President under article 240, Bills enacted as President's Act under sub clause (a) of clause (1) of article 357 of the Constitution and includes rules, regu... for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured 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 material containing personal 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... about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with bothSubstituted by Jan Vishwas (Amendment of Provisions) Act, 2023, s. 2 and Schedule, dated 11th August, 2023, with effect from 30 November 2023liable to penalty which may extend to twenty-five lakh rupees.
