8
Electronic Crimes Act, 2013
No. 14 of 2013
PART II
OFFENCES
3.
No. 14 of 2013
17
Electronic Crimes Act, 2013
(b) use or cause to be used an electronic system to search any data contained in or available
to the electronic system;
(a)
access an electronic system or network;
(c) access any information, code or technology which has the capability of transforming or
unscrambling encrypted data contained or available to an electronic system into readable
and comprehensible format or text for the purpose of investigating any offence under
this Act or any other offence which is disclosed in the course of the lawful exercise of
the powers under this section;
(b)
download, copy or extract data, electronic database or information from such electronic
system or network including information or data held or stored in a removable storage
medium;
(d) require a person in possession of the decryption information to grant the police officer
access to such decryption information necessary to decrypt data required for required for
the purpose of investigating the offence;
Access and interference
(1) A person shall not intentionally, without lawful excuse or justification,–
(c) introduce or cause to be introduced a contaminant or malicious code into an electronic
system or network;
(d)
damage or cause to be damaged an electronic system or network, data, electronic data
base or other program residing in such electronic system or network;
(e) disrupt or causes disruption of an electronic system or network;
(f) deny or cause the denial of access to a person authorised to access an electronic system
or network by any means;
(g)
(h)
provide assistance to a person to facilitate access to an electronic system or network in
contravention of the provisions of this Act;
charge the services availed of by a person to the account of another person by tampering
with or manipulating an electronic system or network;
(i) willfully destroy, delete or alter information residing in an electronic system or diminish
its value or utility, or affect it injuriously by any means; or
(j) steal, conceal, destroy or alter or cause a person to steal, conceal, destroy or alter any
source code used for an electronic system with an intention to cause damage.
(2) A person who contravenes subsection (1) commits an offence and is liable on-
(e) seize or secure an electronic system.
(3) A person shall not intentionally, without lawful excuse or justification –
(a) obstruct a police officer in the exercise of the police officer’s powers under this section;
or
(b) fail to comply with a request made by a police officer under this section.
(4) A person who contravenes subsection (3) commits a summary offence and is liable on conviction to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding
twelve months, or both.
(5) For the purposes of this section–
“decryption information” means information or technology that enables a person to readily
re-transform or unscramble encrypted data from its unreadable and incomprehensible format
to its plain text version;
“encrypted data” means data which has been transformed or scrambled from its plain text
version to an unreadable and incomprehensible format, regardless of the technique utilized
for transformation or scrambling, and irrespective of the medium in which such data occurs or
can be found for the purposes of protecting the content of such data; and
“plain text version” means original data before it has been transformed or scrambled to an
unreadable or incomprehensible format.
(i)
summary conviction to a fine not exceeding two hundred thousand dollars or
to imprisonment for a term not exceeding three years, or to both; or
20. Real time collection of traffic data
(ii)
conviction on indictment to a fine not exceeding five hundred thousand dollars or to
imprisonment for a term not exceeding seven years, or to both.
Where a police officer has reasonable grounds to believe that any data would be relevant for the
purposes of investigation and prosecution of an offence under this Act, the police officer may apply
to a Magistrate/Judge in Chambers for an Order–