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