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Section 37: After section 72 of the principal Ac;t, the following section shaJl be insened, namely

The Information Technology(Amendment) Act, 2008Union territory Act of Chandigarh · Act 10 of 2009

"72A. Save as otberwiseprovided in thisActar any other law for the time being in force, any person including an inttnnediary who, \\'hile providing strvices under the terms of lawful rontraet, has secured access to any material conlaining personal information about another penon. with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breacb ofa lawful contract. sucb maIeria. to any other pcr5<lD, shall be punished with imprisonment for a tenn whlth may mend to three years. or with fine .....hich may extend to five Iakh rupees, or with both.".

3S. For section 77 of the principal Act, the followins sections shall be substituted, namely:- "77. No compensation awarded, penally imposed or confiscation made under this Act shall pte\'tnl the award ofcompensation or imposition ofany other penalty or punishment under any other law for the time being in fur".

77A. A coun of competent jurisdiction may compound offences, other than offences for \\'hich the punishment for life or imprisonment for a term exceeding three years has been provided,. under this Act:

Provided that the coun shall nOl compound such offence wfIere the accused is, by reason of his p~vious conviction, liable to either enhanced punishment or to a punishmenl ofa different kind:

Provided further that the court shall nOI compound any offence where such offence affects the socio economic conditions of the country or has been committed against a child below the I!Ige or 18 years or a woman.

(2) The person accused ofan offence under this Act may file an application for compounding in the eoun in which offence is pending for trial and the provisions of sections 2658 and 265C ofthe Code ofCriminal Procedure, 1973 shall apply.

77B. Not\\ithstanding anything contained in the Code of Criminal Procedure, 1973, the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprUonment ofthrce years shall be bailable.

39. In section 78 of the principal Act, for the words "Deputy Superintendent of Pollee" the \\'Ord "Inspector" shall be Subsliruted.

Where this provision sits

ActThe Information Technology(Amendment) Act, 2008
Section37
Marginal noteAfter section 72 of the principal Ac;t, the following section shaJl be insened, namely
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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