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PENALTIES AND ADJUDICATION UNDER CYBER CRIME

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PENALTIES AND ADJUDICATION UNDER CYBER CRIME

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  1.  PRESENTATION  PENALTIES AND ADJUDICATION SUBMITTED BY; GROUP 23 1.KAMLESH  87 2.SUSHMA 59 3.TANNU KUMARI 55 4.ANUSHKA 116 

  2. SECTION 72: BREACH OF CONFIDENTIALITY AND PRIVACY: IF ANY PERSON WHO HAS SECURED ACCESS TO ANY ELECTRONIC RECORD, BOOK, REGISTER, CORRESPONDENCE, INFORMATION, DOCUMENT OR OTHERMATERIAL WITHOUT THE CONSENT OF THE PERSON CONCERNED DISCLOSES SUCH ELECTRONIC RECORD, BOOK, REGISTER, CORRESPONDENCE, INFORMATION, DOCUMENT OR OTHER MATERIAL TO ANY OTHER PERSON, THEN HE SHALL BE PUNISHED WPSYCHOLOGY SECTION 72A: DISCLOSURE OF INFORMATION IN BREACH OF LAWFUL CONTRACT: IF ANY PERSON WHO HAS SECURED ACCESS TO ANY MATERIAL CONTAINING PERSONAL INFORMATION 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, THEN HE 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 BOTH.

  3. PENALTIES Section 43: If any person without the permission of the owner or any other person who is in charge of computer, computer system or computer network causes damage to it Section 43A: Where a body corporate fails to protect any personal data which it possess or deals with in its computer resource,

  4. SECTION 44:  (A) IF ANY PERSON FAILS TO FURNISH ANY DOCUMENT, HE SHALL BE LIABLE TO A PENALTY NOT EXCEEDING ONE LAKH AND FIFTY THOUSAND RUPEES FOR EACH SUCH FAILURE. (B) IF ANY PERSON FAILS TO FILE ANY RETURN OR FURNISH ANY INFORMATION, HE SHALL BE LIABLE TO A PENALTY NOT EXCEEDING FIVE THOUSAND RUPEES  SECTION 45: IF ANY PERSON CONTRAVENES ANY RULES OR REGULATIONS MADE UNDER THIS ACTFOR WHICH NO PENALTY HAS BEEN SEPARATELY PROVIDED, THEN HE SHALL BE LIABLE TO PAY A COMPENSATION NOT EXCEEDING TWENTY-FIVE THOUSAND RUPEES

  5. ADJUDICATION Fusce quis tellus elit. Morbi at ullamcorper magna. Suspendisse mi sapien, accumsan vitae gravida consequat, interdum placerat lectus. Donec accumsan, lorem at bibendum interdum quam justo ultrices ante. Section 47: While adjudging the quantum of compensation under this Chapter, the adjudicating officer shall consider the following factors: (a) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to any person as a result of the default; (c) the repetitive nature of the default.Offences under the Act: Offences are provided under Chapter XI from Sec 65-76

  6. SECTION 65: TAMPERING WITH COMPUTER SOURCE DOCUMENTS: IF ANY PERSON CONCEALS, DESTROYS, OR ALTERS ANY COMPUTER SOURCE DOCUMENT INTENTIONALLY, THEN HE SHALL BE PUNISHABLE SECTION 66: Section 66: Computer related offences: Any person dishonestly, or fraudulently does any act as referred in Section 43 (damage to computer, computer system), then he shall be he shall be punishable Section 66A: Sending offensive messages through any communication services: If any person sends offensive messages through any communication devices, he shall bepunishable Section 66B: Receiving stolen computer’s resources or communication devices dishonestly: Any person dishonestly, or fraudulently receives or retains any stolen computer resource or communication device, then he shall be shall be punished

  7. Identify theft: Any person dishonestly, or fraudulently make use of Electronic signature, 66C Password or any other Unique Identification Feature of any other person, then he shall be punished Cheating by personation by the use of computer’s resources: Any person dishonestly, or 66D fraudulently by means of any communication device or computer resource cheats by personating, then he shall be punished Violation of privacy: Any person intentionally captures, publishes, or transmits 66E the image of a private area of any person without consent, then he shall be punished Cyber terrorism: Any person does any act electronically, or with use of 66F computer with intent to threaten unity, integrity, security, or sovereignty of India, then he shallpunishable with imprisonment for life.

  8. SECTION 67: PUBLISHING OR TRANSMITTING OBSCENE MATERIAL IN ELECTRONIC FORM: ANY PERSON PUBLISHES, OR TRANSMITS IN ELECTRONIC FORM ANY MATERIAL WHICH APPEALS TO PRURIENT INTEREST, OR IF ITS EFFECT IS SUCH AS TO TEND TO DEPRAVE AND CORRUPT PERSONS WHO ARE LIKELY TO READ, SEE, OR HEAR THE MATTER CONTAINED IN IT, THEN HE SHALL BE SHALL BE PUNISHED ON FIRST CONVICTION

  9. Section 67A: Publishing or transmitting of material containing sexually explicit act, etc., in electronic form: Any person publishes, or transmits in electronic form any material which contains sexually explicit act, or conduct, then he shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees Section 67B: Publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form: Whoever transmits or publishes any materials that depict children in sexually explicit act or conduct in any electronics form shall be sentenced for either description for a term which may extend to five years of imprisonment with a fine that could extend to rupees ten lakhs on the first conviction Section 71: Misrepresentation: Whoever makes any misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for obtaining any licence or electronic signature certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years,

  10. SECTION 73: PUBLISHING FALSE DIGITAL SIGNATURE CERTIFICATES: IF ANY PERSON PUBLISHES AN ELECTRONIC SIGNATURE CERTIFICATE, OR MAKE IT AVAILABLE TO ANY OTHER PERSON WITH THE KNOWLEDGE THAT CERTIFYING AUTHORITY HAS NOT ISSUED IT, OR SUBSCRIBER HAS NOT ACCEPTED IT, OR CERTIFICATE HAS BEEN REVOKED OR SUSPENDED THEN HE SHALL BE PUNISHED SECTION 74: PUBLICATION FOR FRAUDULENT PURPOSE: IF ANY PERSON KNOWINGLY CREATES, PUBLISHES, OR OTHERWISE MAKES AVAILABLE ELECTRONIC SIGNATURE CERTIFICATE FOR ANY FRAUDULENT OR UNLAWFUL PURPOSE, THEN HE SHALL BE PUNISHED WITH IMPRISONMENT FOR A TERM WHICH MAY EXTEND TO TWO YEARS, OR WITH FINE WHICH MAY EXTEND TO ONE LAKH RUPEES, OR WITH BOTH.

  11.   THANK YOU FOR GIVING YOUR VALUABLE TIME.

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