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

An intermediary knowingly refuses to provide technical assistance and facilities to a Government agency authorised under Section 69B to monitor and collect traffic data for cyber security. As per the Section as amended in 2023, what is the maximum punishment?

The intermediary is punishable with imprisonment up to one year, or fine up to one crore rupees, or both. This is the position under Section 69B(4) after the 2023 amendment, which replaced the earlier three years and fine formulation. The punishment is not mandatory in both forms.

  1. AImprisonment up to three years and also fine
  2. BImprisonment up to one year, or fine up to one crore rupees, or bothCorrect
  3. CImprisonment up to one year and fine up to one lakh rupees, both compulsorily
  4. DImprisonment for life

Explanation

Section 69B(4) as substituted by Act 18 of 2023 provides imprisonment up to one year or fine up to one crore rupees or both. The three-years-and-fine formulation was the earlier text, so it is no longer correct. Life imprisonment relates to cyber terrorism under Section 66F.

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