Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY | 15 37. After section 72 of the principal Act, the following section shall be inserted, namely:— Insertion of new section TRA. “724A. Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach ofa lawful contract, such material to any other person, shall Punishment for disclosure of information in breach of lawful contract be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.”, 38. For section 77 of the principal Act, the following sections shall be substituted, namely:— Substitution of “77, No compensation awarded, penalty imposed or confiscation made under this Act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force. Compensation, new sections for section 77. penalties or confiscation not to interfere with other punishment. 774. A court of competent jurisdiction may compound offences, other than offences for which the punishment for life or imprisonment fora term exceeding three years has been provided, under this Act: Compounding of offences. Provided that the court shall not compound such offence where the accused is, by reason of his previous conviction, liable to either enhanced punishment or to a punishment of a different kind: Provided further that the court shall not compound any offence where such offence affects the socio economic conditions of the country or has been committed against a child below the age of 18 years or a woman. (2) The person accused of an offence under this Act may file an application for compounding in the court in which offence is pending for trial and the provisions of 2 of 1974. sections 265B and 265C of the Code of Criminal Procedure, 1973 shall apply. 2 of 1974. 778. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprisonment of three years shall be bailable. Offences with three years imprisonment to be bailable. 39, In section 78 of the principal Act, for the words “Deputy Superintendent of Amendment of section 78. Police” the word “Inspector” shall be substituted. 40, For Chapter XII of the principal Act, the following Chapters shall be substituted, namely:— ‘Substitution of new Chapters for Chapter Xa. ‘CHAPTER XII INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES 79. (1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub-sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made available or hosted by him. (2) The provisions of sub-section (7) shall apply if— (a) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted; or Exemption from liability of intermediary in certain cases.