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

Rohan, an employee of a Mumbai firm, is convicted under the IT Act, 2000 for an offence and also faces prosecution under another law for the same act. He argues that the penalty already imposed under the IT Act bars any further punishment. Which statement is correct?

Rohan's argument fails. Under Section 77, compensation, penalty or confiscation under the IT Act does not prevent compensation or any other penalty or punishment under any other law in force. No monetary threshold or Government consent is required for other law to apply.

  1. APenalty, compensation or confiscation under the IT Act does not prevent compensation or punishment under any other law in forceCorrect
  2. BThe IT Act penalty bars all other proceedings for the same act
  3. COther laws apply only if the IT Act penalty is below one crore rupees
  4. DOther laws apply only with the Central Government's written consent

Explanation

Section 77 states that no compensation awarded, penalty imposed or confiscation made under the IT Act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force. Rohan's argument therefore fails, and no threshold or consent condition is attached.

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