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

Ravi's firm was ordered to pay compensation under the IT Act for a data breach. Can the same act also be punished under another law, such as the Indian penal law, for the time being in force?

Yes. Section 77 provides that no compensation, penalty or confiscation under the IT Act stops the award of compensation or any other penalty or punishment under any other law in force, so the same act can attract liability under both.

  1. AYes, because no compensation, penalty or confiscation under the IT Act prevents compensation or punishment under any other lawCorrect
  2. BNo, because the IT Act is a complete code that bars any other punishment
  3. CNo, because compensation already paid extinguishes all criminal liability
  4. DYes, but only if the IT Act penalty is first set aside

Explanation

Section 77 states that no compensation awarded, penalty imposed or confiscation made under the Act prevents the award of compensation or imposition of any other penalty or punishment under any other law. So liability under the IT Act does not bar action under other laws, and no prior setting aside is needed.

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