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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Regulatory Framework on AI, Cyber Security and Cyberspace

Nimbus Cloud Pvt Ltd, an Indian intermediary, is called upon by a Government agency authorised under Section 69B of the IT Act to give technical assistance and online access to a computer resource carrying traffic data. Nimbus knowingly refuses. What is the consequence under Section 69B(4) as it now stands?

An intermediary that intentionally or knowingly fails to give technical assistance under Section 69B(2) faces imprisonment up to one year, or a fine up to one crore rupees, or both. The earlier wording of three years plus fine was substituted with effect from 30 November 2023.

  1. AImprisonment up to three years and also liable to fine
  2. BImprisonment up to one year or fine up to one crore rupees, or bothCorrect
  3. COnly a fine up to one lakh rupees
  4. DNo penalty, because the agency's request is only advisory

Explanation

Section 69B(4) states that an intermediary who intentionally or knowingly contravenes sub-section (2) is punished with imprisonment up to one year or fine up to one crore rupees, or both. The 'three years and also liable to fine' wording is the old text, which was substituted w.e.f. 30-11-2023.

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