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

CERT-In calls for information from a data centre in connection with a cyber security incident, and the data centre fails to supply it. Which statement is correct under Section 70B of the IT Act, 2000?

The data centre is punishable with imprisonment up to one year, or fine up to one crore rupees, or both. Section 70B also bars cognizance of the offence except on a complaint by an officer authorised by CERT-In, and data centres are expressly covered.

  1. AThe data centre is outside the section, which applies only to intermediaries
  2. BAny court may take cognizance of the offence on a police report
  3. CThe data centre is punishable with imprisonment up to one year or fine up to one crore rupees or both, and a court can take cognizance only on a complaint by an authorised officer of CERT-InCorrect
  4. DThe data centre is liable only to a civil penalty of twenty-five lakh rupees

Explanation

Section 70B(6) lets the agency call for information and give directions to service providers, intermediaries, data centres, body corporate and any other person. Under 70B(7) failure is punishable with imprisonment up to one year or fine up to one crore or both. Under 70B(8), cognizance is only on a complaint by an officer authorised by the agency, so the police-report option is wrong.

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