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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Data Governance

An authorised Government agency, acting under a Section 69B notification, asks Nimbus Hosting, an intermediary, for technical assistance to access traffic data on a server involved in the spread of a computer contaminant. Nimbus knowingly refuses. Which statement is correct?

Nimbus may be punished with imprisonment up to one year, or fine up to one crore rupees, or both. Section 69B(2) requires intermediaries to extend technical assistance to the authorised agency, and 69B(4) penalises intentional or knowing contravention; the earlier three-year term was substituted.

  1. ANimbus commits no offence because 69B only covers Government agencies
  2. BNimbus may be punished with imprisonment up to three years and also fine
  3. CNimbus is liable only to civil compensation under Section 43A
  4. DNimbus may be punished with imprisonment up to one year or fine up to one crore rupees, or bothCorrect

Explanation

Section 69B(2) obliges the intermediary to provide technical assistance and facilities when called upon by the authorised agency. Under 69B(4), an intermediary who intentionally or knowingly contravenes this faces imprisonment up to one year or fine up to one crore rupees, or both, following the 2023 amendment. The three-years-and-fine formulation is the superseded text.

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