43.
(b)
Liabilities referred to in the license of network service providers, and,
(c)
Any such other liability as prescribed.
Network Service Provider not to be Liable: Notwithstanding anything
contained in Section 42, no network service provider shall be liable to bear any
criminal or civil liability arising from any fact or statement mentioned or
included in the information or data of the third party made available in
electronic form by him/her merely on the ground that he/she has made
available the access to such information or data.
Provided that, such a person or institution providing network service
shall not be relieved from such liability, if he/she has made available access to
such information or data with the knowledge that any fact or statement
mentioned or included in such information or data contravene this Act or Rules
framed hereunder.
Explanation: For the purpose of this section" Third Party" means a net work
service provider who provides service as intermediary and any person over
whom there is no control of the network service provider.
Chapter -9
Offence Relating To Computer
44.
To Pirate, Destroy or Alter computer source code: When computer
source code is required to be kept as it is position for the time being the
prevailing law, if any person, knowingly or with malafide intention, pirates,
destroys, alters computer sources code to be used for any computer, computer
programme, computer system or computer network or cause, other to do so,
he/she shall be liable to the punishment with imprisonment not exceeding three
years or with a fine not exceeding two hundred thousand Rupees or with both.
Explanation: For the purpose of this section "computer source code" means
the listing of programmes, computer command, computer design and layout
and programme analysis of the computer resource in any form.
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