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penalties and adjudication

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penalties and adjudication

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  1. PRESENTATION OF; PENALTIES AND  ADJUDICATION SUBMITTED BY;  GROUP 22 KAMLESH 87 ANUSHKA 116 TANNU KUMARI  55 SUSHMA 59

  2. SECTION 43 ACT PROVIDES FOR THE PENALTIES this section states that if a person commits any of the following prohibited acts, he shall be liable to pay damages by way of compensation not exceeding ₹ 1 crore to the affected party : access withiut authorities. downloading, copying, or extracting any data without authorities. damage to computer database. denial of access. provivding assistance to facilitate access. charging the survice to the account of another. Destruction deletion or altration or information.. stealing concealing or destroying computer source code.

  3. EXPLANATION OF TERM USED UNDER SECTION 43 (I) 'COMPUTER CONTAMINANT' means any set of computer instructions that are designed (a) to modify record transmit data seize illegally by any means operation of the computer, or CNW (II) COMPUTER DATABASE means a representation of information, knowledge, fact, concepts or instruction in text, image, audio, video that are being prepared in a formalized manner. (III) DAMAGE means destroy, alter, delete, add, modify, or rearrange, any computer resource by any means (IV) COMPUTER SOURCE CODE means that listing of programmer, computer commands, design  and layout and programme analysis of computer resources in any form.

  4. SECTION 46 ADJUDICATION Section 46 provides that it becomes necessary to find out whether any person has comitted a contravention of any the provisions of this Actkor of any rule or regulation, direction or order made therefore which renders him liable to pay penalty or compensation The adjudication officer appointed under section 46(1) shall exercise jurisdiction to adjudicate matters in which the claim for injury or damage does not exceed  ₹5 crore. The jurisdiction for claims exceeding  ₹5 crore shall vest with the compentent court[section 46(IA)]

  5. SECTION 45 this section provides that if any person contravense any rules or regulation made under this Act, contravention of which no penalty has been prescribed, he shall be liable to pay compensation not exceeding  ₹ 25000 to the person affected by such contravention

  6. SECTION 43A,INSERTED VIDE ITAA 2008 this section provides that if a body corporate, processing, dealing or hanclling any sensitive personal data or information in computer resource which it owns is negligent in implementing and thereby causes wrongful loss or gain to any person. such body shall be liable to not exceeding ₹5 crore to the affected party EXPLANATION OF TERM USED UNDER SECTION 43A [1]. Body Corporate [2]. Reasoning Security Practice and Procedure [3]. Sensitive Personal Data or Information

  7. SECTION 44 THIS SECTION PROVIDES FOR THE FOLLOWING PENALTIES FOR A PERSON WHO HAS TO FULFIL SOME LEGAL REQUIREMENT UNDER THIS ACT, RULES OR REGULATION MADE THEREUNDER ; PENALTY FOR FAILURE IN FURNISHING ANY DOCUMENT, RETURN OR REPORT TO CCA OR CA. HE SHALL BE LIABLE TO A PENALTY NOT EXCEEDING ₹ 150000. PENALTY FOR FAILURE IN FILLING RETURN OR FUNISHING INFORMATION, BOOKS OR OTHER DOCUMENTS WITHIN THE SPECIFIED TIOM. HE SHALL BE LIABLE TO A PENALTY NOT EXCEEDING ₹ 5000. PENALTY FOR FAILURE IN MAINTENANCE OF BOOKS OF ACCOUNT OR RECORDS. HE SHALL BO LIABLE TO A PENALTY NOT EXCEDEEING  ₹10000.

  8. Thank You

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