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54. Forfeiture.
(1) If an offence is committed under this Act, the computer,
computer system, floppy disk, compact disk, tape drive or any other related
computer materials or instrument by means of which the offence has been
committed shall be liable to forfeiture according to the order passed by the
Tribunal.
(2) Notwithstanding anything contained in sub-section (1), if the Tribunal is
satisfied that the person, under whose control or possession the computer,
computer system, floppy disk, compact disk or any other computer related
material or instrument have been found, is not responsible for committing the
offence related to the materials, then the said computer, computer system, floppy
disk, compact disk, tape drive or any other related computer materials shall not
be liable to forfeiture.
(3) If any legal computer, computer system, floppy disk, compact disk, tape
drive or any other related computer material is found with the computer,
computer system, floppy disk, compact disk, tape drive or any other related
computer material liable to forfeiture under sub-section (1), then those items shall
also be liable to forfeiture.
(4) Notwithstanding anything contained in other provisions of this section, if
any computer belonging to any Governmental organisation or any statutory body
or any material or instrument related thereto is used for committing an offence, it
shall not be liable to forfeiture.
CHAPTER VIII
Regional and International Cooperation
55. Regional and international cooperation.
If any regional or
international cooperation is necessary in case of conducting an investigation or
trial of an offence committed under this Act, the provisions of the the Mutual
Assistance in Criminal Matters Act, 2012 (Act No. IV of 2012) shall be
applicable.
CHAPTER IX
Miscellaneous
56. Delegation of power.
The Director General may, if necessary, by order
in writing, delegate any of his powers or duties conferred upon him under this
Act to any employee of the Agency and any other person or a police officer.
57. Actions taken in good faith.
No suit or prosecution or any other legal
proceeding shall lie against any employee or person concerned for any damage
caused or likely to be caused to any person consequent to anything which is done
in good faith under this Act.
58. Evidentiary value.
Notwithstanding anything contained contrary in the
Evidence Act, 1872 (Act I of 1872) or any other law, any forensic evidence
obtained or collected under this Act shall be admitted as an evidence in the trial.
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