(b) downloads, copies or extracts any data, computer data base or information from such
computer, computer system or computer network including information or data held or stored in any
removable storage medium;
(c) introduces or causes to be introduced any computer contaminant or computer virus into any
computer, computer system or computer network;
(d) damages or causes to be damaged any computer, computer system or computer network, data,
computer data base or any other programmes residing in such computer, computer system or
computer network;
(e) disrupts or causes disruption of any computer, computer system or computer network;
(f) denies or causes the denial of access to any person authorised to access any computer,
computer system or computer network by any means;
(g) provides any assistance to any person to facilitate access to a computer, computer system or
computer network in contravention of the provisions of this Act, rules or regulations made
thereunder;
(h) charges the services availed of by a person to the account of another person by tampering with
or manipulating any computer, computer system, or computer network;
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[(i) destroys, deletes or alters any information residing in a computer resource or diminishes its
value or utility or affects it injuriously by any means;
(j) steal, conceal, destroys or alters or causes any person to steal, conceal, destroy or alter any
computer source code used for a computer resource with an intention to cause damage;]
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[he shall be liable to pay damages by way of compensation to the person so affected.]
Explanation.–For the purposes of this section,–
(i) “computer contaminant” means any set of computer instructions that are designed–
(a) to modify, destroy, record, transmit data or programme residing within a computer,
computer system or computer network; or
(b) by any means to usurp the normal operation of the computer, computer system, or
computer network;
(ii) “computer data-base” means a representation of information, knowledge, facts, concepts or
instructions in text, image, audio, video that are being prepared or have been prepared in a formalised
manner or have been produced by a computer, computer system or computer network and are
intended for use in a computer, computer system or computer network;
(iii) “computer virus” means any computer instruction, information, data or programme that
destroys, damages, degrades or adversely affects the performance of a computer resource or attaches
itself to another computer resource and operates when a programme, data or instruction is executed or
some other event takes place in that computer resource;
(iv) “damage” means to destroy, alter, delete, add, modify or rearrange any computer resource by
any means.
[(v) “computer source code” means the listing of programme, computer commands, design and
layout and programme analysis of computer resource in any form.]
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[43A. Compensation for failure to protect data.–Where a body corporate, possessing, dealing or
handling any sensitive personal data or information in a computer resource which it owns, controls or
operates, is negligent in implementing and maintaining reasonable security practices and procedures and
thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay
damages by way of compensation to the person so affected.
1. Ins. by Act 10 of 2009, s. 21 (w.e.f. 27-10-2009).
2. Subs. by s. 21, ibid., for certain words (w.e.f. 27-10-2009).
3. Ins. by s. 22, ibid. (w.e.f. 27-10-2009).
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