(3) The intermediary who fails to comply with the
direction issued under sub-section (1) shall be
punished with an imprisonment for a term which
may extend to seven years and shall also be liable
to fine.”
3.
The Statement of Objects and Reasons appended to the
Bill which introduced the Amendment Act stated in paragraph 3
that:
“3. A rapid increase in the use of computer and
internet has given rise to new forms of crimes like
publishing sexually explicit materials in electronic
form, video voyeurism and breach of confidentiality
and leakage of data by intermediary, e-commerce
frauds like personation commonly known as
Phishing, identity theft and offensive messages
through communication services.
So, penal
provisions are required to be included in the
Information Technology Act, the Indian Penal code,
the Indian Evidence Act and the code of Criminal
Procedure to prevent such crimes.”
4.
The petitioners contend that the very basis of Section 66A
- that it has given rise to new forms of crimes - is incorrect, and
that Sections 66B to 67C and various Sections of the Indian
Penal Code (which will be referred to hereinafter) are good
enough to deal with all these crimes.
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