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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

A messaging platform, an intermediary, intentionally fails to preserve and retain information in the duration, manner and format prescribed by the Central Government. Under Section 67C of the IT Act, 2000, what is the consequence?

The intermediary is liable to a penalty which may extend to twenty-five lakh rupees. Section 67C(2) imposes this for intentional or knowing contravention of the duty to preserve and retain information, and the section provides for a penalty rather than imprisonment.

  1. AImprisonment up to seven years
  2. BPenalty which may extend to twenty-five lakh rupeesCorrect
  3. CFine up to one crore rupees and imprisonment up to one year
  4. DNo consequence, as preservation is merely advisory

Explanation

Section 67C(1) obliges the intermediary to preserve and retain specified information as prescribed. Under 67C(2), an intermediary that intentionally or knowingly contravenes this is liable to a penalty up to twenty-five lakh rupees. Imprisonment is not provided under this section, so the seven-year option is wrong.

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