12 THE GAZETTE OF INDIA EXTRAORDINARY (Parr I— shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either discription for a term which may extend to seven years and also with fine which may extend to ten lakh rupees: Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic formn— (i the publication of which is proved to be justified as being for the public ood on the ground that such book, pamphlet, paper, writing, drawing, painting Tepresentation or figure is in the interest of science, literature, art or learning or other objects of general concern; or (ii) which is kept or used for bona fide heritage or religious purposes. Explanation— For the purposes of this section, “children” means a person who has not completed the age of 18 years. Preservation and retention of information 67C, (1) Intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the Central Government may prescribe. intermediaries, (2) Any intermediary who intentionally or knowingly contravenes theprovisions of sub-section (/) shall be punished with an imprisonment fora term which may extend to three years and shall also be liable to fine.’, Amendment of Section 68. 33. In section 68 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— “(2) Any person who intentionally or knowingly fails to comply with any order under sub-section (/) shall be guilty of an offence and shall be liable on convictionto imprisonment for a term not exceeding two years or a fine not exceeding one lakh Tupees or with both.”, Substitution of new sections for section 69, Power to issue directions for interception OF monitoring or decryption of any information through any computer resource, 34. For section 69 of the principal Act, the following sections shall be substituted , namely:— “69. (1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so fo do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for Preventing incitement to the commiss ion of any cognizable offence relating to above or for investigation of ‘any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. (2) The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, ghall be such as may be prescribed. (3) The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency referred to in sub-section (J), extend all facilities and technical assistance to— (@) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or (6) intercept, monitor, or decrypt the information, as the case may be; or (c) provide information stored in computer resource.

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