Electronic Transactions Act, 2008
138. (1) A Court may make an order against a person for the payment
of a sum to be fixed by the Court as compensation to be paid by the person
to any person for damage caused to that person’s computer, program or
electronic record as a result of the offence for which the sentence is passed.
(2) A claim by a person for damages sustained because of the offence shall be deemed to have been satisfied to the extent of an amount
which has been paid to the person under an order for compensation, but
the order shall not limit any right to a civil remedy for the recovery of
damages beyond the amount of compensation paid under the order.
(3) An order for compensation under this section is recoverable
as a civil debt.
Ownership of programme or electronic record
139. A programme or electronic record held in a computer is deemed
to be property of the owner of the computer.
Conviction and civil claims
140. A conviction shall not limit the right of a complainant to bring a
civil action.
Record and access to seized electronic record
141. (1) If a computer or electronic record has been removed or
rendered inaccessible after a search or a seizure under this Act, the person
who made the search shall, at the time of the search or as soon as practicable after the search,
(a) make a list of what has been seized or rendered inaccessible,
with the date and time of seizure, and
(b) give a copy of that list to
(i) the occupier of the premises, or
(ii) the person in control of the computer.
(2) The police officer or another authorised person may refuse to
give access or provide copies if giving the access, or providing the copies
(a) would constitute a criminal offence, or
(b) would prejudice
(i) the investigation in connection with which the search
was carried out,
(ii) another ongoing investigation, or
(iii) criminal proceedings that are pending or that may be
brought in relation to any of those investigations.
Miscellaneous matters
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