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

A data centre operator in Pune fails to provide information called for by the Indian Computer Emergency Response Team under section 70B(6) of the IT Act, 2000. Which statement correctly describes the consequence?

The operator is punishable with imprisonment up to one year, or fine up to one crore rupees, or both. Courts can take cognizance only on a complaint by an officer authorised by the Indian Computer Emergency Response Team, so ordinary private or police complaints do not suffice.

  1. APunishable with imprisonment up to one year or fine up to one crore rupees or both, and a court takes cognizance only on a complaint by an officer authorised by the agencyCorrect
  2. BPunishable with imprisonment up to three years and also liable to fine up to one lakh rupees, and any police officer may file the complaint
  3. CPunishable only with a fine up to one crore rupees, with no imprisonment, and cognizance may be taken on any person's complaint
  4. DPunishable with imprisonment for life, as the failure amounts to cyber terrorism

Explanation

Section 70B(7) provides imprisonment up to one year or fine up to one crore rupees or both for failing to provide information or comply with directions. Section 70B(8) bars cognizance except on a complaint by an officer authorised by the agency. The three-years-and-one-lakh option reflects the old pre-2023 position, which is wrong.

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