64. Recovery of 1[penalty].–A 2[penalty imposed or compensation awarded] under this Act, if it is
not paid, shall he recovered as an arrear of land revenue and the licence or the 3[electronic signature]
Certificate, as the case may be, shall be suspended till the penalty is paid.
CHAPTER XI
OFFENCES
65. Tampering with computer source documents.–Whoever knowingly or intentionally conceals,
destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer
source code used for a computer, computer programme, computer system or computer network, when the
computer source code is required to be kept or maintained by law for the time being in force, shall be
punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or
with both.
Explanation.–For the purposes of this section, “computer source code” means the listing of
programmes, computer commands, design and layout and programme analysis of computer resource in
any form.
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[66. Computer related offences.–If any person, dishonestly or fraudulently, does any act referred to
in section 43, he shall be punishable with imprisonment for a term which may extend to three years or
with fine which may extend to five lakh rupees or with both.
Explanation.–For the purposes of this section,–
(a) the word “dishonestly” shall have the meaning assigned to it in section 24 of the Indian Penal
Code (45 of 1860);
(b) the word “fraudulently” shall have the meaning assigned to it in section 25 of the Indian Penal
Code (45 of 1860).
66A. Punishment for sending offensive messages through communication service, etc.–Any
person who sends, by means of a computer resource or a communication device,–
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will,
persistently by making use of such computer resource or a communication device;
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or
inconvenience or to deceive or to mislead the addressee or recipient about the origin of such
messages,
shall be punishable with imprisonment for a term which may extend to three years and with fine.
Explanation.–For the purpose of this section, terms “electronic mail” and “electronic mail message”
means a message or information created or transmitted or received on a computer, computer system,
computer resource or communication device including attachments in text, images, audio, video and any
other electronic record, which may be transmitted with the message.
66B. Punishment for dishonestly receiving stolen computer resource or communication device.–
Whoever dishonestly received or retains any stolen computer resource or communication device knowing
or having reason to believe the same to be stolen computer resource or communication device, shall be
punished with imprisonment of either description for a term which may extend to three years or with fine
which may extend to rupees one lakh or with both.
66C. Punishment for identity theft.–Whoever, fraudulently or dishonestly make use of the
electronic signature, password or any other unique identification feature of any other person, shall be
punished with imprisonment of either description for a term which may extend to three years and shall
also be liable to fine which may extend to rupees one lakh.
1. Subs. by Act 10 of 2009, s. 31, for “penalty” (w.e.f. 27-10-2009).
2. Subs. by s. 31, ibid., for “penalty imposed” (w.e.f. 27-10-2009).
3. Subs. by s. 2, ibid., for “Digital Signature” (w.e.f. 27-10-2009).
4. Subs. by s. 32, ibid., for sections 66 and 67 (w.e.f. 27-10-2009).
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