6
4.
5.
Access with intent to commit offences
(1)
Any person who causes a computer system to perform any function for the
purpose of securing access to any program or data held in any computer system,
with intent to commit an offence under any other enactment, 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.
(2)
For the purposes of this section, it is immaterial that (a)
the access referred to in subsection (1) is authorised or unauthorised;
(b)
the further offence to which this section applies is committed at the same
time when the access is secured or at any other time.
Unauthorised access to and interception of computer service
(1)
Subject to subsection (5), any person who, by any means, knowingly (a)
secures access to any computer system for the purpose of obtaining,
directly or indirectly, any computer service;
(b)
intercepts or causes to be intercepted, directly or indirectly, any function
of, or any data within a computer system,
shall commit an offence.
(2)
(3)
(a)
A person convicted for an offence under subsection (1) shall be liable to a
fine not exceeding 100,000 rupees and to penal servitude for a term not
exceeding 10 years.
(b)
Where as a result of the commission of an offence under subsection (1),
the operation of the computer system, is impaired, or data contained in the
computer system is suppressed or modified, a person convicted of such
offence shall be liable to a fine not exceeding 200,000 rupees and to penal
servitude for a term not exceeding 20 years.
For the purpose of this section, it is immaterial that the unauthorised access or
interception is not directed at (a)
any particular program or data;
(b)
a program or data of any kind; or
(c)
a program or data held in any particular computer system.