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evsjv‡`k †M‡RU, AwZwi³, A‡±vei 6, 2019
(2) If any person commits the offence referred to in sub-section (1) for the
second time or repeatedly, he shall be punished with imprisonment for life, or
with fine not exceeding Taka 5 (five) crore, or with both.
Explanation.In this section “hacking” means
(a)
to destroy, cancel or change any information of the computer data
storage, or to reduce the value or efficacy of it or to cause harm in
any way; or
(b)
to cause harm to any computer, server, computer network or any
other electronic system by gaining access thereto without
ownership or possession.
35. Abetment of committing an offence and punishment thereof.(1) If
any person abets to commit an offence under this Act, then such act of the person
shall be an offence.
(2) In case of abetment of committing an offence, the person abetted to
commit the offence shall be punished with the same punishment as is provided
for the offence.
36. Offence committed by a company.
(1) Where an offence under this
Act is committed by a company, every owner, chief executive, director, manager,
secretary, partner or any other officer or employee or representative of the
company who has direct involvement with the offence shall be deemed to have
committed the offence unless he proves that the offence was committed without
his knowledge or he exercised all due diligence to prevent the offence.
(2) If the company referred to in sub-section (1) is a legal entity, it may be
accused or convicted separately, in addition to accusing or convicting the persons
mentioned above, but only fine may be imposed upon the company under the
concerned provision.
Explanation.
In this section
(a) “company” includes any commercial institution, partnership
business, society, association or organization;
(b) “director”, in case of commercial institution, includes any partner
or member of the Board of Directors.
37. Power to issue order for compensation.
If any person causes financial
loss to any other person by means of digital or electronic forgery under section
22, digital or electronic fraud under section 23 and identity fraud or personation
under section 24, then the Tribunal may issue order to compensate the person
affected with money equivalent to the loss caused, or such amount of money as it
considers to be sufficient.
38. The service provider not to be responsible.
No service provider
shall be liable under this Act or rules made thereunder for facilitating access to
any data-information, if he proves that the offence or breach was committed
without his knowledge or he exercised all due diligence to prevent the offence.
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