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(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 he shall be
liable to pay damages by way of compensation not exceeding one
crore rupees 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, daia 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.
44. Penalty for failure to furnish
information return, etc.
If
any person who is required under this Act or any rules or
regulations made there under to
(a)
furnish any document, return or report to the Controller or
?he Certifying Authority fails to furnish the same, he
shall be liable to a penalty not exceeding one lakh and fifty
thousand rupees for each such failure.
(b)
file any return or furnish any information, books or other
documents within the time specified therefore in the
regulations fails to file return or furnish the same within
the time specified therefore in the regulations, he
shall be liable to a penalty not exceeding five thousand
rupees for every day during which such failure
continues.
(c)
maintain books of account or records, fails to maintain the
same, he shall be liable to a penalty not exceeding ten
thousand rupees for every day during which the failure
continues.
45.
Residuary penalty.
Whoever
contravenes any rules or regulations made under this Act, for
.the contravention of which no penalty has been
separately provided, shall be liable to pay a compensation not
exceeding twenty-five thousand rupees to the person
affected by such contravention or a penalty not exceeding
twenty-five thousand rupees.
46.
Power to adjudicate.
(1)
For the purpose of adjudging under this Chapter whether
any person has committed a contravention of any of the
provisions of this Act or of any rule, regulation, direction
or order made there under the Central Government shall,
subject to the provisions of sub-section (3), appoint any
officer not below the rank of a Director to the
Government of India or an equivalent officer of a State
Government to be an adjudicating officer for holding an
inquiry in the manner prescribed by the Central Government.
(2)
The adjudicating officer shall, after giving the person
referred to in sub-section (1) a reasonable opportunity
for making representation in the matter and if, on such
inquiry, he is satisfied that the person has committed the
contravention, he may impose such penalty or award such
compensation as he thinks fit in accordance with the
provisions of that section.
(3)
No person shall be appointed as an adjudicating officer
unless he possesses such experience in the field of
Information Technology and legal or judicial experience as may
be prescribed by the Central Government.
(4)
Where more than one adjudicating officers are
appointed, the Central Government shall specify by order
the matters and places with respect to which such officers
shall exercise their jurisdiction.
(5)
Every adjudicating officer shall have the powers of a
civil court which are conferred oh the Cyber Appellate
Tribunal under sub-section (2) of section 58, and
(a)
all proceedings before it shall be deemed to be judicial
proceedings within the meaning of
sections 193 and 228 of the Indian Penal Code.
(b)
shall be deemed to be a civil court for the purposes of
sections 345 and 346 of the Code of
Criminal Procedure, 1973.
47.
Factors to be taken into account by the
adjudicating officer.
While
adjudging the quantum of compensation under this Chapter, the
adjudicating officer shall have due
regard to the following factors, namely :-
(a)
the amount of gain of unfair advantage, wherever quantifiable,
made as a result of the default.
(b)
the amount of loss caused to any person as a result of the
default.
(c) the repetitive nature of the default.
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