Table of Contents
What Is Section 65
Section 65, is a cyber law section and tampering with computer source documents is prevented under this section. Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.
According to the Indian contract act 1872, section 65 “When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore, it, or to make compensation for it, to the person from whom he received it.”
Explanation Of Section 65
For the purposes of this section, “computer source code” means the listing of programs, computer commands, design and layout and programme analysis of computer resource in any form.
Punishment Of Section 65
According to section 65 of Indian penal code, The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offense, if the offense be punishable with imprisonment as well as fine.
Example Of Section 65
There is an example of section 65, where Reliance model handsets were to be exclusively used by Reliance India Mobile Limited, but the TATA Indicom staff members who were figured as an accused tampered with pre-programmed CDMA digital handsets belonging to Reliance Infocomm and activated with TATA Indicom network with all dubious means. Offence was held to be made out under Section 65 of IT Act.