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Section 43. Penalty and compensation for damage to computer, computer system, etc. Previous Next 1[43.
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[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 3 [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 authorised 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 thereunder; (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; 4 [(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) steal, conceal, 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;] 5 [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 data-base" 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 rearrange any computer resource by any means. 4 [(v) "computer source code" means the listing of programme, computer commands, design and layout and programme analysis of computer resource in any form.] 1Subs. by Act 10 of 2009, s. 20, for "PENALTIES AND ADJUDICATION" (w.e.f. 27-10-2009). 2. Subs. by s. 21, ibid., for "Penalty" (w.e.f. 27-10-2009). 3. Ins. by s. 21, ibid. (w.e.f. 27-10-2009). 4 Ins. by Act 10 of 2009, s. 21 (w.e.f. 27-10-2009). 5Subs. by s. 21, ibid., for certain words (w.e.f. 27-10-2009). |
