'66. Iran)'person. dis.'1ooest1y or frauduJentJy, t:ocs anyact referred to insectioo 4), he shall be punishable wi'th imprisonment for a tenn whkh may extend to three )'WS or""ith fine which may extend to five 1akh rupees or with both.
Expla1ll1tion.-For the purposes of this section,-
(a) the wml"dahonestly" shall havethc: meaning assigned 10 it in section 24 ofu.e Indian Penal Code;
(b) the word "ftaudulently" shall have the meaningassiBned to it in section 25 oftbe Indian Penal Code.
66A. Any person who sends, by means of a computer resource or a communication device,---\
(a) any information that is grosslyoffensive or has menacing character; or
(b) any informalion which he knows to be false, but for the purpose of causing annO)'aIlce, inconvenience, danger, obstruction, insult, injury, criminal intimidation, mnity, hatted or ill wil~ persistently by making use ohuch computu resource or Ii communication device; or
(e) any electronic mail or el~ctronicmail mnsage ror the purpose ofcausing annoyance or inconveni~ce or to deuh·~or to mislead the addressee or recipient about th~ origin of sueb messages, Amendmtllt of scelJOtl 64 Sgbsull.tioB of nc"" $C~tJODS (01 sotlUHU 66 and 67 CllIlIputer related ofTttI'" PlI.,5hme.1 for ICDdmJ otrcnsin """""tllrollJb commllDatJOn stmcc. eftc 10 THE GAZETTE OF INDIA EXTRAOROINARY Panllllmc.at ro< dllbOlitSlly fec:CIVllI1 Ilole.
eompUler """"""-deY!"
Pvnlillmcl:l1 for idelltuy lileft PUlluhmell1 for chulinl by pC.JSonilion byUJin& computet tUOUtl:C Plmllhmclll fot violillon of pnvlcy.
PUlusllmcnl for C)·bet ICRomm.
shall be punishable with imprisonment for a term which ma)' extend to three years and ....ith fine.
E.zplanation.- For the purposes of this section, lerm5 "eleeuonic mail" and "electronic mail message" means a message or information created or transmitted or received on acomputer. compUtei' system, computtr resource or communication device including .ttaclunents in text. image, audio. video and an)' othtr electronic record, which may be transmitted v.ith the message.
668. Whoever dishonesll)' receives or retains an)' stolen computer reS01!rce or communication device knowing or having rta50nto bcliC'o'e the same to be stolen computer re:souttt or communication device. shall be punished with imprisonment ofeither description for aterm which may extend to three years or with fine which may extend to rupees one Iakb or with both.
66C. Whoever, fraudulentl)' or dishonestly make use of the electronic signature, pas5y.1)rd or an)' other unique identification feature ofany other person, shall be punished with imprisonment ofeither de.scription for I term which may extend to three years and shall also be liable to fine which may extend to rupees one Iakh.
660. Whoever, by means ofany communication device or computer resource cheats by personation, shall be punished with imprisonment ofeither description for a teno ....'hich mayextcnd to lhree)ltlUS aOO sba11 aIJo be liable to finc",tuch lM)'exttnd to one Iakh rupee$.
66£. Whoever. intentional I)' or knowingly captures. publishes or transmits the image ofa privale area orany person witham his or her consent, under circumstances violating the privacy ofthat person, shall be punished with imprisonment which may extend 10 lhree)Ur1 or with fine not exceeding two lakh rupees. or with both.
Explanalion.- For the purposes of this section--
(a) "transmil" means 10 electronically send a visual image with the intent thai il be viewed by a person or persons;
(b) "capture", with respeclto IIJ'l image, means to videolapc, photograph. film or record by any means;
(e) "'private area" means Ute naked or undergannent clad genilals, public area, buttocks or female breast;
(d) "'publishes" means reproduction in the printed or electronic fonn and making it available for publiC;
(e) '"under circumstances violating privacy" means circumstances in which a person can have II reasonable expectation that- (J) he or "'e could disrobe in privacy, without being concerned that an image ofhis private area was being capnued; or
(il) any pan of his or her private area would not be visible to the public, regardless of v."belher that person is in a public or private place.
66F. (I) Wboevor,- (A) v.ith intent to threaten the unity, integrity, security or sovereignty oflndia or to strike terror in the people or any section oftbc people by- (¥) denying or cause the denial of access 10 any person authorised to access computer resource; or Sa:. I] THE GAZETIE OF INDIA EXTRAORDINARY II PUllishmClI1 for pobhsltlIll Pwtl.Sbmellt lOr pubh,hllli IIf trlllAllllllll' of mltaial tc.lu'l.IuIII """,Ur cxphtl1 kt,.
etc.. III clcartlGlC rom..
(;1) attempting to penetrate or access a computer resource without authorisation or exceeding authorised accesS; or (Iii) introducing or causing to introduce any computer contaminant, and by means ofsuch conduct causes or is likely to cause death or injuries to persons or damage to or destrUction ofpropeny or disrupts or knowing that it is likely to cause damage or disruption of su~pliesor services essential to the life aCthe community or adversely affect the critical infonnation infrastructure $pecified under seetion 70; or (B) knowinglyor intentionally penetrates or acces~a computer resource without authorisation or exceeding authorised access, and by means ofsuch conduct obtains access to information, data or computer database that is rcsU'ictcd for reasons of the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that sucb informalion, data or computer database 50 obtained may be used to cause or likely to cause injury to the interests of lhe sovereignty and integrityoflndia, the security oflhe State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt ofcourt, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence ofcyber terrorism.
(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment v.'hich may cxtend to imprisonment (or life.
61. Whoe\'er publishes or transmits or causes to be published or transmitted in the electronic fonn, any material which is lascivious or appeals to the prurient interest or ifits effect is such as to tend 10 dcprave and corrupt persons who arc likely, having or trlllSQIlllla, regard to all relevant circumst.anees. to read, sec or hear !he martel" contained or cmbodied cbiurJc in it, shall be punished 00 first conviction with imprisonment ofeither description for malenal til a term \\'bieb may extend to three years and with fine ",..hich may extend to five lakh c1CCt:nllllt • formrupees and in the c..ot;nt of stcood or subsequent conviction with unprisonment of cithcr description for a term which may eX:lcnd to five years and also with finc which may cxtcnd 10 ten l&kh rupees,
67A. Whoever publishes or transmits or causes to be published or transmitted in the electronic fonn any material which COnlalns sexually cxplicit ael or conduct shall be punisbed on first convielion with imprisonment of eith"" description for a tenn which may extend to fivt years and with fine which may extend to ten Iakh rupees and in the eVenI ofsecond Drsubsequent conviction with tmpriso~lof eitherdescriprlon for a u:nn \\'llicb mayextenc1 to S(\'cn years and also with fine \\hich may extend to ten lakb rupees.
678. Whoever,-
(0) publishes or tnlnsmits or causes to be published or transmitted material in any elc<::tronic form \\'hich depicts children engaged in sexuallyexplicit act or conduct;.,
(b) creates text or dig\w images, collects, seeks, brO\\'5tS, oo\\lIloads, advertises, promoteS, exchanges or distributes material in an)' electronic form depicting children in obscene or indecelll or sexually explicit manner; or
(c) cultivates. entices or induces children to onlinc relationship \\ith one or more children for and on sexually explicit aCI or in a manner thai may offend a reasonable adult on the computer resource; or
(d) facilitates abusing children online; or
(e) t~rds in any electronic form o\\n abU$t or that of others penaining 10 sexually explicit act with children, P'IlnishlllC'1t1 (or publLShlDl or tnnsml1111l1 of mltcflll dcpltlllll ~llderl ia sexully expltt"u Kt, =.m clcttl1lltic (orm 12 THE QAZEITE OF INDIA EXTRAORDINARY [PARTU- Pruerv'fion &lid rtf til lion of informuiotl by IDlQmcdlJriu.
Ammdmttlf of StthOti 61 SubslltlUion of IIC1Il' StcllOas (or SCClIOll 69 Po...~r 10direclioos for IIltcrctplloll Of mOllllonnl or dccrypfion of 1tI)' 'G(OmllliOIl rhrovp &tIy computtr resource, shall be punished on first con\iction with imprisonment ofeither description for a term ~ich may extend to five years and with fine which may extend to ten lakh rupees and in the event ofsecond or subsequent conviction with imprisonment ofeither discription for a term which may extend to seven )'ears and also with fine which may extend to ten lill rupees:
Provided that provisions of section 67, section 67A and this section does not extmd to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic fonn- (I) the publication ofwhich is proved to be justified as being for the public good on the ground that such book, pamphlet, papet', ""Tiling, drawing, painting representatiorl or figure is in the interest ofscience, Iiteraturt, art or learning or other objects ofgeneral concern; or
(il) which is kept or used for bonafitk heritage or religious purposes.
£Xplano/lon..- For the purposes of this section, "children" means a person who has not completed the age of 18 yurs.
67C, (I) Inlermediary shall preserve and retain sU<:h information as may be specified for such duration and in such manner and format as the Central Government may prescribe.
(1) Any intermediary who intentionally or knowingly contravenes the provisions ofsub-section (I) shall be punished with an imprisonment for aterm which may extend to three years and shall also be liable to fine,'.