9
(5)
10.
(a)
having possession of a computer system or data storage device that holds
or contains the data or program;
(b)
having possession of a document in which the data or program is
recorded; or
(c)
having control of data or program that is in the possession of another
person.
Where a person is convicted under this section, he shall be liable to a fine not
exceeding 50,000 and to a term of imprisonment not exceeding 5 years.
Electronic fraud
Any person who fraudulently causes loss of property to another person by(a)
any input, alteration, deletion or suppression of data; or
(b)
any interference with the functioning of a computer system,
with intent to procure for himself or another person, an advantage, shall commit an
offence and shall, on conviction be liable to a fine not exceeding 200,000 rupees and to
penal servitude for a term not exceeding 20 years.
PART III - INVESTIGATIONS AND PROCEDURES
11.
Preservation order
(1)
Any investigatory authority may apply to the Judge in Chambers for an order for
the expeditious preservation of data that has been stored or processed by means
of a computer system or any other information and communication technologies,
where there are reasonable grounds to believe that such data is vulnerable to
loss or modification.
(2)
For the purposes of subsection (1), data includes traffic data and subscriber
information.
(3)
An order made under subsection (1) shall remain in force (a)
until such time as may reasonably be required for the investigation of an
offence;
(b)
where prosecution is instituted, until the final determination of the case; or
(c)
until such time as the Judge in Chambers deems fit.