(2) Any person who does or attempts to do any act with intent to impair the operation of, or
prevent or hinder access to, any information contained in any information system, knowingly that he
is not authorised to do any of the foregoing, shall be guilty of an offence under this Ordinance.
(3) The offences under subsection (1) and (2) of this section will be punishable with either
description of a term not exceeding seven years or fine which may extend to one million rupees, or
with both.
38. Offences to be nonbailable, compoundable and cognizable. All offences under this
Ordinance shall be nonbailable, compoundable and cognizable.
39. Prosecution and trial of offences.No Court inferior to the Curt of Sessions shall try any
offence under this Ordinance.
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CHAPTER IX
MISCELLANEOUS
40. Limitation on liability of network service providers. In the absence of intent to facilitate,
aid or abet, a network service provider shall not be subject to any civil or criminal liability solely for
the reason of use of his telecommunication system in connection with a contravention of this
Ordinance by a person not subject to the direction or control of the network service provider.
Explanation.Telecommunication system in this section shall have the meaning given thereto
under the Pakistan Telecommunication (Reorganisation) Act, 1996 (XVII of 1996).
41. Immunity against disclosure of information relating to security procedure.(1) Subject to
subsection (2), no person shall be compelled to disclose any password, key or other secret
information exclusively within his private knowledge, which enables his use of the security procedure
or advanced electronic signature.
(2) Subsection (1) shall not confer any immunity where such information is used for the
commission of any offence under any law for the time being in force.
42. Power to make rules. The Federal Government may, by notification in the official Gazette,
make rules to carry out the purposes of this Ordinance.
43. Power to make regulations.(1) The Certification Council may, with the prior approval of
the Federal government, make regulations to carry out the purpose of this Ordinance.
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