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Part III
AMENDMENTS TO THE INDIAN
PENAL CODE( 45 of 1860)
Inserted vide ITAA 2006
In the Indian Penal Code - |
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| (a) |
Amendment to Section 4 |
in section 4,-,
i) after clause (2), the following clause
shall be inserted namely:-
(3) any person in any place without
and beyond India committing offence targeting a computer
resource located in India
ii) for the Explanation, the following
Explanation shall be substituted, namely:-
(a) the word "offence" includes
every act committed outside India which, if committed in
India would be punishable under this code.
(b) the expression "computer
resource" shall have the meaning assigned to it in clause
(k) of subsection (1) of section 2 of the Information
Technology Act, 2000
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| (b) |
Amendment of Section
40 |
in clause (2), after the figure
"117", the figures "118,119 and 120" shall be inserted. |
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| (c) |
Amendment of section
118 |
in section 118, for the words
"voluntarily conceals, by any act or illegal omission, the
existence of a design", the words "voluntarily conceals by any
act or omission or by the use of encryption or any other
information hiding tool, the existence of a design" shall be
substituted. |
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| (d) |
Amendment of Section
119 |
in section 119, for the words
"voluntarily conceals, by any act or illegal omission, the
existence of a design", the words "voluntarily conceals by any
act or omission or by the use of encryption or any other
information hiding tool, the existence of a design" shall be
substituted. |
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(e) |
Insertion of a
new section 417A
Punishment for Identity Theft |
After section 417, the
following section shall be inserted, namely:-
417 A: Whoever, cheats by using
the electronic signature, password or any other unique
identification feature of any other person, shall be punished
with imprisonment of either description for a term which may
extend to two years and shall also be liable to fine. |
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(f) |
Insertion of
new section 419A
Punishment for cheating by personation using computer
resource |
After Section 419, the
following section shall be inserted, namely:-
419 A: Whoever, by means of any
communication device or computer resource cheats by personation,
shall be punished with imprisonment of either description for a
term which may extend to five years and shall also be liable to
fine.
Explanation: The expression "computer resource" shall have
the meaning assigned to it in clause (k) of sub-section (1)
of section 2 of the Information Technology Act 2000.
(Omitted vide ITAA
2008)
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| g |
Amendment of section
464 |
in section 464, for the words "digital
signature" wherever they occur, the words "electronic signature"
shall be substituted. |
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h |
Insertion of
New Chapter XXI A |
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of Privacy |
Chapter XXIA
Of Privacy
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502 A: Whoever, intentionally
or knowingly captures, publishes or transmits the image of a
private area of any person without his or her consent, under
circumstances violating the privacy of that person, shall be
punished with simple imprisonment for a term which may extend to
two years or with fine not exceeding two lakh rupees or with
both.
Explanation:- For the
purpose of this section-
(a) "transmit" means to
send electronically a visual image with the intent that it
be viewed by a person or persons;
(b) "capture", with respect
to an image, means to videotape, photograph, film or record
by any means
(c) "private area" means
the naked or undergarment clad genitals, public area,
buttocks or female breast
(d) "publishes" means
reproduction in the printed or electronic form and making it
available for public
(e) "under circumstances
violating privacy" means circumstances in which a person can
have a reasonable expectation that
(i) he or she could
disrobe in privacy, without being concerned that an
image or his private area is being captured; or
(ii)any part of his or
her private area would not be visible to the public,
regardless of whether that person is in a public or
private place.
(Omitted vide ITAA 2008)
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