Electronic Transactions Act, 2008 108.  (1)  Section 122(2) of the Criminal Offences Act, 1960 (Act 29) on acts which amount to appropriation applies with the necessary modification to anything whether or not the moving, taking, obtaining, carrying away or dealing is by means of electronic processing or procuring procedure in part or in whole. (2)  For a cyber offence, “thing” includes any electronic related matter which results in the loss of property, identity, electronic payment medium, information, electronic record and any related matter whether tangible or intangible wherever located on any network if the accused is subject to prosecution under this Act. Representation 109.  Section 133 of the Criminal Offences Act, 1960 (Act 29) on false pretences applies with the necessary modification to a representation whether or not the medium used in communicating the representation in part or in whole was an electronic processing system and whether or not the representation consists of an electronic record in part or in whole. Charlatanic advertisement 110.  Section 137 of the Criminal Offences Act, 1960 on charlatanic advertisement in newspapers applies with the necessary modification to any publication in an electronic record, website related publication however described or linked. Attempt to commit crimes 111.  Section 18 of the Criminal Offences Act, 1960 (Act 29) on attempts to commit crimes applies with the necessary modification to any person who attempts to commit a crime whether the medium used in whole or in part was an electronic medium or an electronic agent. Aiding and abetting 112.  Sections 20 and 21 of the Criminal Offences Act, 1960 (Act 29) on abetment of crime applies with the necessary modification to any person who abets a crime whether the medium used in whole or in part was an electronic medium or an electronic agent. Duty to prevent felony 113.  Section 22 of the Criminal Offences Act, 1960 (Act 29) on duty to prevent a felony (Act 29) applies with the necessary modification to any person who knowing that a person plans to commit or is committing a felony, fails to use reasonable means to prevent the commission of the felony whether the medium used in whole or in part was an electronic 46

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