n
/,
Explnnation.-For thc purposc of this section, the expression "malicious code" includes, a
computer prognm or a hidden function in a prograrn that damages an i[formation system or data
or compromiscs thc performance of such system or availability of data or uses it without proper
authoizati on.
21.
l
Cyber stelking.- (1) A person commits the offence ofcyber stalking who, with the intent
to coerce or intimidate or harass any p€6onr uses inforrDatiod system, information
syslem
net\ ork, the lntemct, website, electronic mail or any other similar means of commuication to-
follow a person or contacts or attempts to contact such person 10 foster personal
interaction repeatedly despite a clear ifldicatio[ ofdisintcrest by such person;
(a)
(b)
monitor the use by a person of the Intemet, electronic mail, text message or any
other lbrm of electronic communication;
(c)
watch or spy upon a pe$on in a manner that results in fear of violence or se ous
alarm or distress, in the mind ofsuch person; or
(d)
(2)
take a photograph or make a video of any person and displays or distributes it
without his coosent in a manner that harms a pelson.
Whocver commits the offence specified in sub-section
(l)
shall be punished with
imprisonment for a term which may extend to three years or with fine which may extend to one
million rupees or with both:
Provided that
if victim of the oyber stalking under sub-scction (l) is a minor the
punishrnent may extend to five years or with fine which may extend to ten million rupees
or with both.
(3)
Any aggrievcd person or his guardian, where such person is
a
minor, may apply to
the Ar-rthorily for removal, deskuction of or blocking access to such information referrcd to in
sub-seclion
(l)
and thc Authority, on receipt ofsuch application, shall forthwith pass such orders
in
the ctcumstances including an order for removal, destruction,
preventing transmission of or blocking access to such information and the Authority may also
direct any ofits licensces to secure such information including traffic data.
as deemed reasonable
22,
Spamming.-(1) A person commits thc offence of spamming, who with intent transmits
harmful, fraudulent, misleading, illegal or unsolicited information to any person without
permission ofthe recipient or who causes any information system to show any such iniormation
for wrongfi-rl gain.