23. Malicious code.—Whoever willfully and without authorization writes, offers, makes
available, distributes or transmits malicious code through an information system or device, with intent
to cause harm to any information system or data resulting in the corruption, destruction, alteration,
suppression, theft or loss of the information system or data shall be punished with imprisonment for a
term which may extend to two years or with fine which may extend to one million rupees or with
both.
Explanation.—For the purpose of this section, the expression "malicious code" includes, a
computer program or a hidden function in a program that damages an information system or data or
compromises the performance of such system or availability of data or uses it without proper
authorization.
24. Cyber stalking.— (1) A person commits the offence of cyber stalking who, with the intent to
coerce or intimidate or harass any person, uses information system, information system network, the
Internet, website, electronic mail or any other similar means of communication to—
(a) follow a person or contacts or attempts to contact such person to foster personal
interaction repeatedly despite a clear indication of disinterest by such person;
(b) monitor the use by a person of the internet, electronic mail, text message or any other
form of electronic communication;
(c) watch or spy upon a person in a manner that results in fear of violence or serious alarm or
distress, in the mind of such person; or
(d) take a photograph or make a video of any person and displays or distributes it without his
consent in a manner that harms a person.
(2) Whoever commits the offence specified in subsection (1) shall be punished with
imprisonment for a term which may extend to three years or with fine which may extend to one
million rupees or with both:
Provided that if victim of the cyber stalking under subsection (1) is a minor the punishment may
extend to five years or with fine which may extend to ten million rupees or with both.
(3) Any aggrieved person or his guardian, where such person is a minor, may apply to the
Authority for removal, destruction of or blocking access to such information referred to in subsection
(1) and the Authority, on receipt of such application, shall forthwith pass such orders as deemed
reasonable in the circumstances including an order for removal, destruction, preventing transmission
of or blocking access to such information and the Authority may also direct any of its licensees to
secure such information including traffic data.
25. Spamming.— (1) A person commits the offence of spamming, who with intent transmits
harmful, fraudulent, misleading, illegal or unsolicited information to any person without permission of
the recipient or who causes any information system to show any such information for wrongful gain.
(2) A person including an institution or an organization engaged in direct marketing shall provide
the option to the recipient of direct marketing to unsubscribe from such marketing.
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