Amarjit & Associates                                   Home Articles Careers Contact Us Podcast
  New Delhi - New York - Zurich

Meanance of Computer Virus

Let us view the menace of viruses in the light of the provisions of the IPC. The offence of deliberately and malafidely destroying or altering the data bases of alien computers may best be described as ‘mischief’ as defined in Sections 425 to 440 of the IPC. The essential ingredients for the offence of mischief being:

(1) wrongful loss or damage to the public or any person,

(2) intention to cause such damage or knowledge that such damage or loss might be caused.

(3) destruction of property or such alteration to such property as may render it useless or diminishes its value and/or utility amply cover and describes the commission of the offence of destruction of digital data

The law dealing with cyber crimes has now been codified in the IT Act, 2000, and Chapter XI deals with computer crimes and provides for punishments are given in the table below:

Section

Nature of Offence

Punishment

65

Tampering with computer source code

Imprisionment up to 3 years or with a fine up to Rs 2 lakhs or with both

66(2)

Hacking with computer system

Imprisionment upto 3 years of with a fine up to Rs 2 lakhs or with both

67

Publishing or transmitting obscene material in electronical form

Imprisioned up 5 years and fine up to Rs 1 lakh for first conviction

Imprisioned up to 10years and fine Rs2 lakhs for second subsequent convictions

71

Misrepresentation or suppression of material facts to Controller or certifying authority to obtain digital signature certificate or to obtain licence to issue certificates.

Imprisioned up 2 years and fine up to Rs 1 lakh or with both

72

Breaching confidentiality of electronic documents which a person has access

Imprisioned up 2 years and fine up to Rs 1 lakh or with both

73

Publishing digital signature certificate with false particulars

Imprisioned up 2 years and fine up to Rs 1 lakh or with both

74

Creating, publishing or making available a digital signature certificate for any fraudulent or unlawful purpose

Imprisioned up 2 years and fine up to Rs 1 lakh or with both

 

 

Copyright Amarjit Singh, Amarjit & Associates. All Rights Reserved. Any unauthorised reproduction is strictly prohibited.

 

    Home | Careers | Contact Us

   Copyright 2006 Amarjit & Associates,New Delhi India. All rights reserved.