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OFFENCES/PENALTIES

The Act is formulated to tackle various offences. Offences investigated and adjudicated upon by an adjudicating officer, certain offences have been specifically set out such as:

1. Tempering with the computer source documents. Whoever knowingly or intentionally conceals, destroys, or alters or causes another to do the same any computer source code used for a computer, computer programme, computer system or computer network, shall be punishable with imprisonment up to three years, or with fine upto Rs. 2 lakhs or with both.

2. Whoever commits hacking of the computer system shall be punished with imprisonment up to three years, or with fine upto Rs. 2 lakhs or with both.

3. Whoever publishes or transmits or cause to be published any matter which is obscene, shall be punished on first conviction with imprisonment which may extend upto five years with a fine of upto RS. 1,00,000 (for second and subsequent convictions, imprisonment of upto 10 years and a fine of upto RS. 2,00,000)

4. The government may notify certain computer systems or networks as being "protected systems", unauthorized access to which may be punishable with imprisonment upto 10 years in addition to a fine.

5. Whoever makes a misrepresentation to, or suppresses any material fact from the Controller of Certifying Authorities and whoever commits breach of confidentiality and privacy, having access to electronic data under the Act shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to RS. 1,00,000 or with both.

6. Penalties have also been prescribed for publishing false digital signature certificates or for use of such certificates for fraudulent and unlawful purposes, which is imprisonment for a term which may extend to two years, or with fine which may extend to Rs. 1,00,000 or with both.

OFFENCES OUTSIDE INDIA

The provisions of the Act shall also apply to offences or contravention outside India, if such offences or contravention involves a computer, computer system or computer network located in India.