*[43. Penalty and
Compensation for damage to computer, computer system, etc..-
If any person without permission of the owner or
any other person who is in-charge of a computer, computer
system or computer network -
(a) accesses or secures access to such computer, computer
system or computer network or
computer resource
(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 any
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 authorized
to access any computer, computer system 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 there
under,
(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,
(i) destroys, deletes or alters any information residing in
a computer resource or diminishes its value or utility or
affects it injuriously by any means,
(j) Steals, conceals, destroys or alters or causes any person
to steal, conceal, destroy or alter any computer source code
used for a computer resource with an intention to cause damage,
he shall be liable to pay damages by way of compensation
to the person so affected.
Explanation - for the purposes 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 Database" 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 or some
other event takes place in that computer resource;
(iv) "Damage" means to destroy, alter, delete,
add, modify or re-arrange any computer resource by any means.
(v) "Computer Source code" means the listing of
programmes, computer commands, design and layout and programme
analysis of computer resource in any form.
* Modified vide Information Technology Amendment Act, 2008
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