Electronic Transactions Act, 2008
108. (1) Section 122(2) of the Criminal Offences Act, 1960 (Act 29) on
acts which amount to appropriation applies with the necessary modification
to anything whether or not the moving, taking, obtaining, carrying away
or dealing is by means of electronic processing or procuring procedure in
part or in whole.
(2) For a cyber offence, “thing” includes any electronic related
matter which results in the loss of property, identity, electronic payment
medium, information, electronic record and any related matter whether
tangible or intangible wherever located on any network if the accused is
subject to prosecution under this Act.
Representation
109. Section 133 of the Criminal Offences Act, 1960 (Act 29) on false
pretences applies with the necessary modification to a representation
whether or not the medium used in communicating the representation
in part or in whole was an electronic processing system and whether or
not the representation consists of an electronic record in part or in whole.
Charlatanic advertisement
110. Section 137 of the Criminal Offences Act, 1960 on charlatanic
advertisement in newspapers applies with the necessary modification to
any publication in an electronic record, website related publication however described or linked.
Attempt to commit crimes
111. Section 18 of the Criminal Offences Act, 1960 (Act 29) on attempts
to commit crimes applies with the necessary modification to any person
who attempts to commit a crime whether the medium used in whole or
in part was an electronic medium or an electronic agent.
Aiding and abetting
112. Sections 20 and 21 of the Criminal Offences Act, 1960 (Act 29)
on abetment of crime applies with the necessary modification to any person
who abets a crime whether the medium used in whole or in part was an
electronic medium or an electronic agent.
Duty to prevent felony
113. Section 22 of the Criminal Offences Act, 1960 (Act 29) on duty
to prevent a felony (Act 29) applies with the necessary modification to
any person who knowing that a person plans to commit or is committing
a felony, fails to use reasonable means to prevent the commission of the
felony whether the medium used in whole or in part was an electronic
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