CHAPTER XVI
CRIMES AND PUNISHMENT
68. (1) Save as otherwise provided in this Act, any person who, without a licence, owns or provides any network infrastructure facility or provides any communication service or knowingly assists in the transmissions or distribution of such service in any manner including -
(a) collection of subscription for his principal; or
(b) issuing of advertisements to such service; or
(c) dealing in, or distribution of, equipment for decoding programme,
shall be punishable with imprisonment which may extend to five years, or with fine which may extend to five crore rupees, or with both, and, for the second offence, with imrprisonment which may extend to five years or with fine which may extend to ten crore rupees or with both.
(2)Any person who without the permission of the service provider and with the intent to defraud, diverts any signal or decodes andy content or deals in decoding equipment for such purpose shall be punishable with imprisonment which may extend to five years and with fine which may extend to five crore rupees or with both and, for the second or subsequent offence with imprisonment which may extend to five years and with fine which may extend to ten crore rupees.
(3) Any person who, knowingly benefits from any unauthorised diversion or tampering with any communication service or network infrastructure facility with the knowledge that such service or facility is unauthorized or tampered, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to rupees two crores, or with both.
(4) Any person who, abets or induces the making of any unauthorised diversion or tampering with any communication service or network infrastructure facility shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to rupees two crores or with both
(5) Any person who, having already been convicted of an offence under sub-section (3) or sub-section (4) is again convicted thereunder, shall on every such subsequent conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to five years, and with fine which may extend to rupees five crores.Punishment for possession of wireless equipment etc without licence
69. (1) Any person,-
(a) who possesses any wireless equipment in contravention of the provisions of section 5; or
(b) who uses a radio frequency which he is not authorised to use under this Act,
shall be punishable with imprisonment which may extend to three years or with fine which may extend to rupees two crores, or with both.
Explanation: For the purpose of this subsection "radio frequencies" means any frequency of electro-magnetic waves upto and including a frequency of 3000 giga hertz.
(2) When any person is convicted for an offence punishable under sub-section (1), all wireless equipments or any part thereof in respect of which the offence has been committed, shall be forfeited to the Central Government.
(3) Any wireless equipment confiscated which has not been claimed by anybody shall vest in the Central Government.
(4) Any officer authorised by the Central Government or the Commission in this behalf may search any building, vehicle, vessel or place in which he has reason to believe that any wireless equipment in respect of which an offence punishable under sub-section (1) has been committed is kept or concealed and take possession thereof.
Punishment for sending obscene or offensive messages
70. Any person who sends, by means of a communication service or a network infrastructure facility, -
(a) any content that is grossly offensive or of an indecent obscene or menacing character; or(b) for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will, any content that he knows to be false or persistently makes use for that purpose of a communication service or a network infrastructure facility,
shall be punishable with imprisonment which may extend upto three years or with fine which may extend to rupees two crores or with both.Attempt to commit offences
71. Whoever attempts to commit or abets the commission of any offence, under sub-section (3) or sub-sections (4) of section 66 under this Chapter shall be punished with the punishment provided for that offence.
Offences by companies
72. (1) Where an offence under this Act has been committed by a Company every person who at the time of the offence was committed was in charge of, and was responsible to, the company, for the conduct of business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinly;
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it has proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other other officer shall be demmed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation - For the purposes of this section -
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
Offences triable by court of session
73. No court inferior to that of a Court of Session shall try an offence under this Act.
Offences to be cognisable
74. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 every offence punishable under this Act shall be cognisable.