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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Data Analytics and Law

A telecom intermediary, Bharat Netlink Ltd, is called upon by an agency authorised under Section 69B(1) to enable online access to a server carrying traffic data. The company knowingly refuses to extend facilities. What is the consequence under Section 69B?

Bharat Netlink faces punishment under Section 69B(4): imprisonment up to one year, or a fine up to one crore rupees, or both. The intermediary has a duty under Section 69B(2) to provide technical assistance and facilities, and the earlier three-year term with mandatory fine has been substituted.

  1. ANo consequence, as the section imposes no duty on intermediaries
  2. BOnly a civil compensation claim under Section 43A
  3. CImprisonment up to one year, or fine up to one crore rupees, or bothCorrect
  4. DMandatory imprisonment of three years together with a fine

Explanation

Section 69B(2) obliges the intermediary to give technical assistance and facilities. Under 69B(4), intentional or knowing contravention is punishable with imprisonment up to one year or fine up to one crore rupees, or both. The three-year-plus-fine wording was replaced by the 2023 amendment.

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