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CS Professional · Internal and Forensic Audit · Cyber Forensics

Narmada Data Centres Pvt Ltd receives a written direction from CERT-In to supply information needed to handle a cyber incident, and it deliberately fails to comply. Separately, a government agency authorised under Section 69B asks an intermediary for technical assistance, and the intermediary knowingly refuses. Which statement is correct?

Both are punishable. A data centre failing CERT-In's direction, and an intermediary knowingly refusing technical assistance to a Section 69B agency, each face imprisonment up to one year or fine up to one crore rupees or both. Neither is limited to civil compensation, and data centres are named in Section 70B.

  1. ANeither refusal is punishable because both only attract civil compensation
  2. BThe data centre faces imprisonment up to one year or fine up to one crore rupees or both, and the intermediary faces imprisonment up to one year or fine up to one crore rupees or bothCorrect
  3. CThe data centre faces life imprisonment while the intermediary faces only a fine of one lakh rupees
  4. DOnly the intermediary is punishable, since data centres are outside Section 70B

Explanation

Section 70B(7) covers data centres and others failing to give information or comply with directions: imprisonment up to one year or fine up to one crore rupees or both. Section 69B(4) similarly punishes an intermediary who knowingly contravenes sub-section (2) with imprisonment up to one year or fine up to one crore rupees, or both. Data centres are expressly named in Section 70B(6) and (7).

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