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CMA Final · Corporate and Economic Laws · Laws and Regulations related to Cyber Security and Data Privacy

A body corporate fails to provide information called for by the Indian Computer Emergency Response Team under Section 70B(6). Which statement is correct about the consequence and prosecution?

The body corporate is punishable with imprisonment up to one year, or fine up to one crore rupees, or both, and a court can take cognizance only on a complaint by an officer authorised by the Indian Computer Emergency Response Team. Police complaints or suo motu cognizance are not permitted.

  1. APunishable with imprisonment up to three years; any police officer may file the complaint
  2. BPunishable only with fine up to one lakh rupees; no imprisonment applies
  3. CPunishable with imprisonment up to one year or fine up to one crore rupees or both; court takes cognizance only on complaint by an authorised officer of the agencyCorrect
  4. DPunishable with fine up to one crore rupees only; court may take cognizance suo motu

Explanation

Section 70B(7) provides imprisonment up to one year or fine up to one crore rupees or both. Section 70B(8) bars cognizance except on a complaint by an officer authorised by the agency. The one lakh figure was replaced in 2023.

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