7
(4)
6.
A person shall not be liable under subsection (1) where he –
(a)
has the express or implied consent of both the person who sent the data
and the intended recipient of such data;
(b)
is acting in reliance of any statutory power.
Unauthorised modification of computer material
(1)
Subject to subsections (3) and (4), any person who, knowingly does an act which
causes an unauthorised modification of data held in any computer system shall,
on conviction be liable to a fine not exceeding 100,000 rupees and to penal
servitude for a term not exceeding 10 years.
(2)
Where as a result of the commission of an offence under this section (a)
the operation of the computer system;
(b)
access to any program or data held in any computer; or
(c)
the operation of any program or the reliability of any data,
is suppressed, modified or otherwise impaired, a person convicted for the offence
shall be liable to a fine not exceeding 200,000 rupees and to penal servitude for
a term not exceeding 20 years.
(3)
(4)
(5)
A person shall not be liable under this section where (a)
he is acting pursuant to measures that can be taken under Part III of this
Act; or
(b)
he is acting in reliance of any other statutory power.
A modification is unauthorised if –
(a)
the person whose act causes it is not himself entitled to determine
whether the modification should be made; and
(b)
he does not have consent to the modification from any person who is so
entitled.
For the purposes of this section, it is immaterial whether an unauthorised
modification or any intended effect of it, be permanent or merely temporary.