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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Regulatory Framework on AI, Cyber Security and Cyberspace

A hacker is convicted under the IT Act for unauthorised access and is also prosecuted for cheating under another statute for the same conduct. Based on Section 77, which view is correct?

Section 77 provides that compensation, penalty or confiscation under the IT Act does not stop compensation or any other penalty or punishment under any other law in force. Hence a person can face the IT Act consequences and also prosecution under another statute for the same conduct.

  1. ACompensation, penalty or confiscation under the IT Act does not prevent compensation, penalty or punishment under any other law in forceCorrect
  2. BOnce a penalty is imposed under the IT Act, no other law can punish the same act
  3. CSection 77 allows other-law punishment only if the IT Act penalty is first set aside
  4. DSection 77 bars compensation but permits other criminal punishment

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 IT Act remedies and other-law punishments can co-exist. The other options misstate this.

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