Electronic Crimes Act, 2013
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No. 14 of 2013
(a)
any preserved data, irrespective of whether one or more service providers were involved
in the transmission of the data;
(b)
sufficient data to identify the service providers and the path through which the data was
transmitted; or
4.
(b) information which is false, causing annoyance, inconvenience, danger, obstruction,
insult, injury, intimidation, enmity, hatred or ill will, persistently by making use of such
electronic system or an electronic device; or
(1) If the disclosure of data is required for the purpose of a criminal investigation or the prosecution of an offence, a police officer may apply to a Magistrate/Judge in Chambers for an Order
compelling–
(b)
a person to submit specified data in that person’s possession or control, which is stored
in an electronic system;
(c) electronic mail or an electronic message for the purpose of causing annoyance or inconvenience, or to deceive or mislead the recipient as to the origin of such message.
(2) For the purpose of this section, the term “electronic mail” or “electronic message” means
a message or information created or transmitted or received on an electronic system or electronic
device including attachments in text, images, audio, video and any other electronic record which
may be transmitted with the message.
(3) A person who contravenes subsection (1) commits an offence and is liable on(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
a service provider offering its services to submit subscriber information in relation to
the services in that service provider’s possession and control.
(3) Where any material to which an investigation relates consists of data stored in an electronic
system, disc, cassette, or on microfilm or preserved by any mechanical or electronic device, the request shall be deemed to require the person to produce or give access to it in a form in which it can
be taken away and in which it is visible, audible or legible.
(4) A person or service provider who refuses to produce the information under subsection (1)
commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars
or to imprisonment not exceeding twelve months, or to both.
(ii)
5.
(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
(ii)
6.
access, inspect and check the operation of an electronic system;
Identify theft
(2) A person who contravenes subsection (1) commits an offence and is liable on-
(1) Where a police officer has reason to believe that stored data would be relevant for the purposes of an investigation or the prosecution of an offence, the police officer may apply to a Magistrate/
Judge in Chambers for the issue of a warrant to enter any premises to access, search and seize that
data.
(a)
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.
(1) A person shall not intentionally, without lawful excuse or justification make fraudulent or
dishonest use of an electronic signature, password or other unique identification feature of another
person.
19. Powers of access, search and seizure for the purpose of investigation
(2) In the execution of a warrant under subsection (1), the powers of the police officer shall
include the power to–
Sending offensive messages through communication services, etc
(a) information that is offensive or threatening;
18. Production order
(a)
Electronic Crimes Act, 2013
(1) A person shall not intentionally, without lawful excuse or justification send by means of an
electronic system –
(c) the electronic key enabling access to or the interpretation of data.
(2) If the disclosure of data is required for the purpose of a criminal investigation or the prosecution of an offence, a police officer shall make a request of–
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No. 14 of 2013
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.
Electronic forgery
A person who, with intent to defraud, inputs, alters, deletes, or suppresses computer data, resulting
in inauthentic data, whether or not the data is directly readable and intelligible, commits an offence
and is liable on-