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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Crimes and Investigation Procedures

A bank was ordered to pay compensation to a customer under the IT Act, 2000 for a data breach. Can the same conduct also be punished under another law in force, such as the criminal law of the land?

Yes. Under Section 77 of the IT Act, compensation, penalty or confiscation under the Act does not stop compensation or any other penalty or punishment being imposed under any other law in force, so the same conduct can face both.

  1. ANo, compensation under the IT Act bars any other penalty for the same act
  2. BYes, compensation or penalty under the IT Act does not prevent compensation or punishment under any other lawCorrect
  3. CYes, but only if the IT Act compensation is first refunded
  4. DNo, unless the Central Government gives written permission

Explanation

Section 77 states that no compensation awarded, penalty imposed or confiscation made under the IT Act prevents the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force. So the two tracks can run side by side. The options claiming a bar or a precondition add conditions that the section does not contain.

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