OFFENCES AND PENALTIES
This article discusses the offences and penalties, the Information Technology act of 2022, and CAIIB study material for 2022.
CAIIB exam Nov 2022 is just around the corner. We are here to help you prepare for the CAIIB exam Nov 2022 with our carefully designed CAIIB study material Nov 2022, especially for you. This CAIIB exam in Nov 2022 consists of two mandatory papers and one elective paper. This CAIIB study material Nov 2022 consists of various services, which have been discussed later in this article. First, we would like to discuss one of the most important topics of the CAIIB exam Nov 2022, which is Offences And Penalties Under The Information Technology Act Of 2000.
INFORMATION TECHNOLOGY ACT OF 2000
On May 17, 2000, the Information Technology Act of 2000 was passed in order to legalise electronic transactions and promote e-commerce. The Information Technology (Amendment) Act, 2008 was later passed, changing it. The Information Technology Act, 2000s’ main goals are as follows:
- Give e-transactions legal recognition
- Give digital signatures legal legitimacy so they can be used for authentication
- Facilitate electronic filing of data and information Permit data storage electronically
- Recognize the keeping of accounting records in electronic format
INFORMATION TECHNOLOGY ACT, 2000: OFFENCES
Section 65: Any wilful tampering, concealment, destruction, or alteration of a computer source document is punishable under Section 65 by a fine of up to Rs. 2,000,000 or by a term of imprisonment of up to 3 years, or both.
Section 66: Any person who commits an act described in Section 43 dishonestly, fraudulently, or both shall be subject to a fine of up to Rs. 5,00,000 or a term of imprisonment of up to 3 years, or both.
Section 66B states that anybody who obtains or keeps a stolen computer resource or communication device dishonestly, fraudulently, or both is subject to a fine of up to Rs. 1,000,000 or a sentence of up to three years in jail, or both.
Section 66C states that anyone who uses another person’s electronic signature, password, or other unique identification feature dishonestly or fraudulently is subject to a fine of up to Rs. 1,000,000 or a sentence of up to three years in prison, or both.
Section 66D states that anyone who impersonates another person while using a communication device or computer resource dishonestly or fraudulently faces a fine of up to Rs. 1,000,000 or a sentence of up to three years in prison, or both.
Section 66E states that anyone who knowingly publishes or transmits an image of a person’s private area without that person’s agreement faces a fine of up to Rs. 2,000,000 or a sentence of up to three years in prison, or both.
Section 66F: Any individual who violates Section 66F by using a computer or doing an electronic act with the aim to undermine India’s unity, integrity, security, or sovereignty is subject to a life sentence in jail.
Section 67: Anybody who publishes or transmits in electronic form pornographic content or whose effect tends to deprave and corrupt anyone who is likely to read, see, or hear it, is subject to a fine of up to Rs. 5,000 or to imprisonment for up to three years, or to both.
Section 67A: Any person who publishes or transmits any content in electronic form that comprises sexually explicit acts or conduct is subject to a fine of up to Rs. 10,000 or a term of imprisonment of up to 5 years, or both. And if he is found guilty a second time or later, he might face a fine of up to Rs. 10,000,000 or a sentence of up to 7 years in prison, or even both.
Section 68: The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take the actions or cease conducting the activities specified in the order if those actions are required to ensure compliance with the provisions of this Act, rules, or any regulations made thereunder. If anyone intentionally or knowingly fails to comply with the order, they may be subject to a fine of up to Rs. 1,00,000 or a sentence of up to two years in prison.
Section 69: If the Central Government, a State Government, or any of their officers specifically authorised by the Central Government, a State Government, as the case may be, in this regard may, if satisfied that it is necessary or expedient to do so, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States, or public order, or for preventing incitement to the commission of any cognizable offence.
Section 70: Any computer resource that directly or indirectly affects the facility of Critical Information Infrastructure may be declared a protected system by the appropriate government by publication in the Official Gazette. Anyone who disobeys the notification is subject to a 10-year prison sentence as well as a fine (the amount of fine is not specified in the act).
Section 71: Anybody who fabricates information to withhold from the Controller of Certifying Authority in order to obtain a licence or electronic signature certificate, as applicable, is subject to a fine of up to Rs. 1,00,000 or a sentence of up to two years in jail, or both.
Section 72: If a person who has access to any electronic record, book, register, correspondence, information, document, or other material discloses that electronic record, book, register, correspondence, information, document, or other material to any other person without the consent of the person concerned, that person may be subject to a fine of up to Rs. 1,00,000 or a sentence of up to two years in prison, or both.
Section 73 states that anyone who publishes an electronic signature certificate or makes it accessible to anyone else with knowledge that the certificate has been revoked, suspended, or not been accepted by the subscriber is subject to a fine of up to Rs. 1,000,000 or a sentence of up to two years in prison, or both.
Section 74 states that anybody who intentionally develops publishes, or otherwise makes an electronic signature certificate available for any fraudulent or illegal purpose is subject to a fine of up to Rs. 1,000,000 or a sentence of up to two years in jail or both.
Section 75 states that the provisions of this Act shall apply to any offence or contravention committed outside of India by anyone, regardless of nationality, if the act or conduct constituting the offence or contravention includes a computer, computer system, or computer network located in India.
Section 76 states that any computer, computer system, floppies, CDs, tape drives, or other similar accessories that have been or are now being used in violation of this Act, its rules, orders, or regulations are subject to seizure. However, only the defaulting party will be detained if it can be demonstrated that such resources were not utilised to commit fraud.
INFORMATION TECHNOLOGY ACT OF 2000
PENALTIES, RESTITUTION, AND DECISION-MAKING
Section 43 states that anyone who damages a computer, computer system, or computer network without the owner’s or another person in charge’s consent is subject to punishment and must compensate the person who was harmed.
In accordance with Section 44, a person who fails to provide any document, return, or report to the controller of the certifying body may be subject to a fine of up to Rs. 1,50,000 per failure. In addition, a person who fails to provide any information, books, or other documents within the allotted time may be subject to a fine of up to Rs. 5,000 each day. Furthermore, it is stated that a person who fails to keep books of accounts or other records is subject to a fine of up to Rs. 10,000 per day.
CAIIB STUDY MATERIAL NOV 2022
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