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.