Electronic Communications and Transactions [ N o . 21 o f 2 0 0 9 1 0 8 . If a body corporate or un-incorporate body is convicted of an offence under this Act, every person w h o — 291 Offence committed by body corporate or unincorporate (a) is a d i r e c t o r of, or is o t h e r w i s e c o n c e r n e d with t h e m a n a g e m e n t of, the body corporate or un-incorporate body;and (b) knowingly authorised or permitted the act or omission constituting the offence; shall be deemed to have committed the same offence and may be proceeded against and punished accordingly. 1 0 9 . A n offence u n d e r this A c t shall be d e e m e d to be a cognizable offence for the purposes of the Criminal Procedure Code. Cognizable offences Cap.88 PART X V GENERAL PROVISIONS 110. A person w h o commits an offence under this Act for which no penalty is provided is liable, upon conviction— General penalty (a) in the case of an individual, to a penalty not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both; or (b) in the case of a body corporate or un incorporate body to a penalty not exceeding one million penalty units. 111. N o t w i t h s t a n d i n g any other law, e v i d e n c e w h i c h is obtained by m e a n s of any interception effected in contravention of this Act, shall not be admissible in any criminal proceedings except with the leave of the court, and in granting or refusing such leave, the court shall have regard, among other things, to the circumstances in which it w a s obtained, the potential effect of its admission or exclusion on issues of national security and the unfairness to the a c c u s e d p e r s o n that m a y be o c c a s i o n e d by its a d m i s s i o n or exclusion. Evidence obtained by unlawful interception not admissible in criminal proceedings 112. (1) T h e I n v e s t i g a t o r - G e n e r a l a p p o i n t e d under the Constitution, shall supervise the compliance with the provisions o f this A c t concerning personal data. Data protection by InvestigatorGeneral Cap. 1 (2) W h e n performing the duties under subsection (1), the Investigator-General shall have the right to obtain information and to perform inspections under this Act.

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