Section 69 IT act, Powers to issue directions for interception or monitoring or decryption.

What Is Section 69

The section 69 is

(1) Where the Central Government or a State Government or any of its officers specially authorized 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 to do, in the interest of the sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offense relating to above or for investigation of any offense,

it may subject to the provisions of sub-section ‘2’ Section 69 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, shall 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 ‘1’, extend all facilities and technical assistance to

(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information.
(b) intercept, monitor, or decrypt the information, as the case may be.
(c) provide information stored in a computer resource.

(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Section 69 A, Power to issue directions for blocking for public access of any information through any computer resource

Section 69A of the IT Act, 2000, allows the Center to block public access to an intermediary “in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offense relating to above”.

Section 69 B, Power to authorize to monitor and collect traffic data or information through any computer resource for Cybersecurity

(1) The Central Government may, to enhance cybersecurity and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country, by notification in the Official Gazette, authorize any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.

(2) The intermediary or any person in-charge of the computer resource shall, when called upon by the agency which has been authorized under sub-section ‘1’, provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information.

(3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed.

(4) Any intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) shall be punished with an imprisonment for a term which may extend to three years and shall also be liable to fine.
(i) “Computer contaminant” shall have the meaning assigned to it in section 43.
(ii)”Traffic data” means any data identifying or purporting to identify any person, computer system or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, data, size, duration or type of underlying service or any other information.

Punishment Of Section 69

If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

Illustration A is sentenced to a fine of one hundred rupees and to four months’ imprisonment in default of payment. Here, if seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment, I will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, I will be immediately discharged.

If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, I will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprison­ment, I will be immediately discharged.

Source: Punishment Of Section 69

 

Also read :- Section 65, Tampering with computer source Documents

Also read :- Section 66, Hacking with computer systems , Data Alteration

Also read :- What Is Section 67, Publishing or transmitting obscene material in electronic form

 

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