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

Under the Information Technology Act, 2000, a Central Government-authorised agency asks an intermediary to give technical assistance and online access to a computer resource so that traffic data can be monitored for cyber security. If the intermediary intentionally or knowingly refuses, what is the maximum punishment stated in Section 69B(4) as currently amended?

An intermediary that intentionally or knowingly refuses technical assistance to an authorised agency under Section 69B faces imprisonment up to one year, or a fine up to one crore rupees, or both. The older three-years-and-fine wording was replaced in 2023.

  1. AImprisonment up to one year or fine up to one crore rupees, or bothCorrect
  2. BImprisonment up to three years and also liable to fine
  3. CImprisonment up to one year and fine up to one lakh rupees only
  4. DFine up to one crore rupees only, with no imprisonment

Explanation

Section 69B(4) as substituted by Act 18 of 2023 provides imprisonment up to one year or fine up to one crore rupees, or both. The older text, imprisonment up to three years and also liable to fine, was substituted with effect from 30-11-2023, so the second option is outdated. The fourth option is wrong because imprisonment is also available.

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