which results in harm to a data principal, then such person shall be punishable with imprisonment for a term not exceeding five years or shall be liable to a fine which may extend up to rupees three lakhs or both. 92. Re-identification and processing of de-identified personal data. — (1) Any person who, knowingly or intentionally or recklessly— (a) (b) re-identifies personal data which has been de-identified by a data fiduciary or a data processor, as the case may be; or re-identifies and processes such personal data as mentioned in clause (a) without the consent of such data fiduciary or data processor, then such person shall be punishable with imprisonment for a term not exceeding three years or shall be liable to a fine which may extend up to rupees two lakh or both. (2) Nothing contained in sub-section (1) shall render any such person liable to any punishment provided under this section, if she proves that— (a) (b) 93. the personal data belongs to the person charged with the offence under sub-section (1); or the data principal whose personal data is in question has explicitly consented to such re-identification or processing as per the provisions of this Act. Offences to be cognizable and non-bailable.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be cognizable and non-bailable. 94. Power to investigate offences.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of Inspector shall investigate any offence under this Act. 95. Offences by companies.— (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this Act, if she proves that the offence was committed without 52