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CS Professional · Internal and Forensic Audit · Cyber Forensics

Ananya, an intermediary's person in charge of a computer resource, refuses to give technical assistance to a Government agency authorised under Section 69B to monitor and collect traffic data for cyber security. She does so intentionally. Which statement is correct under the Act as amended in 2023?

She faces imprisonment up to one year or a fine up to one crore rupees, or both. Section 69B(4), as amended in 2023, punishes an intermediary who intentionally or knowingly fails to give technical assistance to an authorised agency. The earlier three years plus fine wording no longer applies.

  1. ANo liability arises because monitoring needs a court order
  2. BShe may be punished with imprisonment up to three years and also fine
  3. CShe may face imprisonment up to one year or fine up to one crore rupees, or bothCorrect
  4. DOnly a civil penalty of one lakh rupees applies

Explanation

Section 69B(2) obliges the intermediary or person in charge to give technical assistance and facilities to the authorised agency. Under 69B(4), as amended, intentional or knowing contravention attracts imprisonment up to one year or fine up to one crore rupees, or both. The three-years-and-fine wording was replaced in 2023.

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